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Home My WebLink AboutO-3168-9-13ORDINANCE NO. 3168-9-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE ZONING OF 24.653x ACRES IN THE DANIEL B. HEARNE SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT "PD" NO. 65 SHOPPING CENTER 'SC" TO PLANNED DEVELOPMENT "PD" NO. 65 FOR SINGLE FAMILY RESIDENTIAL "R.6"; ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS, AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended by granting a change in zoning for 24.6533 acres located in the Daniel B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference (`the Property") from Planned Development "PD" No. 65 for Shopping Center "SC" use to Planned Development "PD" No. 65 for Single Family Residential "R-6" use. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, except to the extent modified by the Development Regulations set forth below: A. Base Zoning District: The Property shall be developed and used only in accordance with the Single -Family Residential "R-6" zoning district except as otherwise provided in this Ordinance. B. Concept Plan: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "B"and incorporated herein by reference. C. Building Elevations: Residential buildings constructed on the Property shall generally conform to the Building Elevations attached hereto as Exhibit "C" and incorporated herein by ' reference. D. Lot 3 Garage Orientation: The dwellmg constructed on Lot 3 of the Property (as shown on the Concept Plan) shall be constructed with a ]-swing garage with garage door(s) facing away from Wateroak Drive. E. Garage Setback: The minimum garage setback for the dwellingsconstructed on Lotsl and 2 of the Property (as shown on the Concept Plan) shall he uro feet (0') from the front building setback line. SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. 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 Zoning Regulations 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 7. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE le DAY OF SEPTEMBER, 2013. APPROVED AS TO FORM: Peteith; CITY ATTORNEY ob)8BW136ro ) APPROVED: Stephen Terrell, MAYOR ATTEST: Shel eyyB. George, C, CITY S91tRETARY Ordinance No. 3168.9.13, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' BEING a parcel of land located in the City of Allen, Collin County, Texas, a part of the Daniel B. Herm Storey, Abstract No. 427, and being a pen of that 41 531 acre tract of land conveyed to D. R. Horton -Texas, Ltd. from Graham Mortgage Corporation described as Tract I in a Special Warranty Deed recorded in Volume 6055, Page 3030, Collin County ]feed Records, and being further described as follows: BEGINNING at a one-half inch von rod set at the northeast comer of said Tract 1, said point being the intersection of the south lice of Shelley Drive (a 60 foot wide right-of- way) with the west line of Dillehay Drive ( Farm -to -Market Highway 2551, a 115 foot wide right-of-way); THENCE South 00 degrees 02 mimwtes 24 seconds West 1340.30 feet along the west line of Dillehay Drive to a one-half inch iron rod set for comer in the north line of Chaparral Drive (a variable width right-of-way); THENCE along the north lice of Chaparral Drive as follows: South 45 degrees 02 minutes 24 seconds West, 35.36 feet to a onchalf inch iron rod set for comer; North 89 degrees 57 minutes 36 seconds West, 70.00 fed to a one-half inch iron rod set for corner; Northwesterly, 123.37 fed along a curve to the right which has a central angle of 07 degrees 06 minutes 15 seconds, a radius of 995.00 fed, a tangent of 61.76 feet, and ' whose chord bears North 86 degrees 24 minutes 29 seconds West, 123.29 feet to a one- half inch iron rod set for comer; North 82 degrees 45 minutes 14 seconds West, 143.20 feet to a one-half inch iron rod set for comer; Northwesterly, 247.44 feet along a curve to the right which has a central angle of 14 degrees 06 minutes 24 seconds, a radius of 1005.00 feet, a tangent of 124.35 fat, and whose chord bears North 67 degrees 36 minutes 38 seconds West, 246.81 fed to a one-half inch iron rod set for comer; North 60 degrees 33 minutes 26 seconds West, 112.03 fed to a one-half inch iron rod ad for comer, Northwesterly, 181.46 fed along a curve to the left which has a central angle of 09 degrees 27 minutes 07 seconds, a radius of 1100.00 fed, a tangent of 90.94 feet, and whose chord beers North 65 degrees 16 minutes 59 seconds West, 181.25 feet to the southeast corns of Lot IX, Block T of Morgan Crossing Phase One, an addition to the City of Allen as recorded in Volume 2006, Page 715, Collin County Map Records; THENCE along the east line of said Lot IX as follows: North 01 degrees 55 minutes 35 seconds West, 487.54 fed to a point for comer; North 07 degrees 22 minutes 46 seconds East, 325.29 fat to a point for comer; North 14 degrees 40 minutes 45 seconds East, 204.81 fat to a point for comes; North 08 degrees 26 minutes 49 seconds West, 95.79 fed to the northeast comer of said Lot IX, said point bring in the south line of Shelley Drive; THENCE North 89 degrees 08 minutes 17 seconds East, 788.34 fed along the south line of Shelley Drive to the POINT OF BEGINNING and containing 1,073,887 square fat or 24.653 acres of land. 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