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Home My WebLink AboutO-3104-9-12ORDINANCE NO. 3104-9-12 ' 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 GRANTING A CHANGE IN ZONING FOR 38.8143 ACRES IN THE J.W. PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM SINGLE FAMILY RESIDENTIAL "R-5" TO PLANNED DEVELOPMENT "PD" NO. 111 FOR SINGLE FAMILY RESIDENTIAL "R-5" USE; ADOPTING A CONCEPT PLAN; ADOPTING DEVELOPMENT REGULATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABHITY 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 38.8143 acres in the J.W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") from Single Family Residential "R-5" to Planned Development "PD" No. 111 for Single Family Residential "R-5" 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-5" zoning district except as otherwise provided herein. B. Concept Plan: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "B". C. Garage Setback: The minimum garage setback for front entry garages shall be eighteen (18) feet from the front building setback line; the minimum garage setback for front entry garages ' on Lots 5, 8, 10, 11, 18, and 19 of Block A, and on Lots 13, 20, and 21 of Block D (as identified and highlighted on the Concept Plan) shall be twelve (12) feet from the front building setback line. I 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. SECTIONS. 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 11 ra DAY OF SEPTEMBER, 2012. APPROVED AS TO FORM: l Peter G. Smith, CTFY ATTORNEY (kbl:8/30/12 57102) APPROVED: 4st-ph--cll, MAYOR ATTEST: c�\ .ii2s� Shelley B. George, C, CITY SECRETARY Ordinance No. 3104-9-12, Page 2 EXHIBIT "A" LEGAL DESCRIPTION BEING, a Ind of land situated in thc J•W. Penn" Survey, Abstract No. 705 in the acy of Allen. Texas, Colin County, Texas being part of a 137280 sere tract, as described in Clens. File No. 2110611010001$64260, in the Beed Records of Collin County, Teaaa, being more particularly described as follows: BEGINNING, at US inch iron rod found at an Imcrier e0 corn r of CLmberland Crossing Phase I, as described i n Volume 2006, Pages 858.859, is the Plat Records of Collin County, Term; THENCE, North 89°46'07" West, along a no rth line of Raid CSamberYnd Cowing, of MAO fees, pacing a 112 inch iron rod found being the mostwesterly northwest corner of said Cumberlond Creushig, for a total distance of 12g2.24 feet, m a 112 inch iron red set; THENCE, North 00-15'27" Easy for a didance of 521.26 fee, to a IR Inch Iron rod ad in the sough line of Ridgeview Drive II xD' MOM-); THENCE, North 53°30'20" Wes, along the south line of said Ridga ieu' Drives fur a dietanca ed 14.81 feet, to a 1!2 inch iron rod set; THENCE, North 45'4538" East, continuing along said south line, for a distasee of 170.30 fee, to a Mine]] ima nd set; ' THENCE, Noah 52"30'20"Eas,continuing along said tuuth ling fnr a dlatasce of 904.95 feet, to a 1R Iaeh iri o rod set at the point of go mature of a curve 10 the right, having a radius of 940.00 feet, a main] eagle of 28°15'27" , and a tangmat of 236.61 feet; 1 THENCE, continuing along Raid south Mae and with said wrre to the right having tm arc distance of 463.59 feet (Chord Bearing North 66938'&3" Fast -4511.91 feet), to a la inch Iran rod Ria; THEN C6:, South 00434'54" East, departing said Rooth Bne, for a distance of 1697.13 fee, to the POINT OF BEGINNINC; and o iumining 38.814 acres of land. Ordinance No. 3104-9-12, Page 3 I EXHIBIT "B^ CONCEPTPLAN e u y $I t w p°�?. yrs bilc6PS} � g 000�� ii s g Ordinance No. 31049-12, Page 4