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Home My WebLink AboutO-2063-6-02ORDINANCE NO. 2063-6-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 22 FOR SHOPPING CENTER USES TO PLANNED DEVELOPMENT NO. 22 FOR SINGLE-FAMILY RESIDENTIAL USES ON 12.2± ACRES IN THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING DEVELOPMENT REGULATIONS; AND PROVIDING FOR APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, be amended by changing the zoning from Planned Development No. 22 for SC Shopping Center Uses to Planned Development No. 22 for Single -Family Residential Uses for 12.2± acres in the R. C. Wlvsenant Survey, Abstract Survey, Abstract No. 1012, City of Allen, Collin County, Texas, described as Exhibit "A" attached hereto. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, as heretofore amended, and in accordance with Planned Development No. 22 as heretofore amended and subject to the following development regulations: 1. Permitted Land Uses — The use of land and buildings within the subject tract shall be limited to sixty-two (62) single-family units. 2. Height and Area Regulations — Size of Yards: There shall be a front yard having a depth of not less than twenty (20) feet. Ordinance No. 2063-6-02, Page 1 There shall be a side yard on each side of the lot of five (5) feet. A side yard ' adjacent to a side street shall not be less than ten (10) feet, when a side yard is across from a front yard, the side yard shall be ten (10) feet. There shall be a rear yard having a depth of not less than ten (10) feet. Size of Lot: The lot area shall be not less than 5,000 square feet. The lot width shall be not less than 50 feet. The lot depth shall be not less than 100 feet. 3. Minimum Dwelling Size: The minimum dwelling size shall be not less than 1300 square feet. 4. Lot Coverage: In no case shall more than forty percent (40%) of the total area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations: All main buildings shall have exterior construction of a minimum of seventy-five percent (75%) brick, tiles, cement, concrete, stone, or similar materials. 6. Screening: Screening fences shall be provided along all perimeter roads in the same manner, dimensions and materials as provided elsewhere in the Brookside development. 7. A homeowners' association shall be established independently or in conjunction with the existing Brookside Homeowners' Association. SECTION 3. The property shall be used only in accordance with the concept plan as contained in Exhibit "B" attached hereto, and which is hereby approved. SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Allen Land Development Code of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 8. This ordinance shall take effect from and after its passage and publication of the caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. Ordinance No. 2063-6-02, Page 2 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25' DAY OF JUNE, 2002. APPROVED: A92fap Stephen terrell, MAYOR APPROVED AS TO FORM: ATTEST: G�4'&a�,� Peter G. Smith, CITY ATTORNEY J y Mo son, CMC/AAE, CITY SECRETARY Ordinance No. 2063-6-02, Page 3 ' EXH[BIT "A" Legal Description Brookside Addition, Phase V Being a tract of land situated in the R. C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at 5/8" iron rod capped "Carter & Burgess" set in the west right-of-way line of South Allen Heights Drive (120' ROW), said point being the southeast comer of Brookside Addition, Phase 2, an addition to the City of Allen. THENCE S 00°26'21" E, along said westerly right-of-way line, a distance of 468.01 feet to a 5/8" iron rod set for comer; THENCE in a westerly direction along the northerly right-of-way line of Chaparral Drive (variable distance ROW), a distance of 1,208.80 feet to a 5/8" iron rod set for comer, said comer being the southeast corner of Brookside Addition, Phase 3, an addition to the City of Allen. THENCE departing said north right-of-way line S 01*06'35" W along the east boundary of Brookside Addition, Phase 2, a distance of 388.49 feet to a 5/8" iron rod set; THENCE along a curve to the left having a radius of 1,181.00 feet, a long chord that bears S 00030'42" E with a distance of 66.83 feet, and an arc distance of 66.84 feet to a 5/8" iron rod set; THENCE along a curve to the right having a radius of 40.00 feet, a long chord that bears S 43042'50" W with a distance of 57.40 feet and an are distance of 64.01 feet to a 5/8" iron rod set; THENCE S 89°33'39" W along the south boundary of Brookside Addition, Phase 3, a distance of 1,105.1 feet to the POINT OF BEGINNING and containing approximately 12.2 acres of land Ordinance No. 2063-6-02. Page 4 I 11 I 3AR:fG S.LH013H N2-l-lV W, m