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Home My WebLink AboutO-2755-7-08ORDINANCE NO. 2755-7,08 ' 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 AMENDING "PD" PLANNED DEVELOPMENT NO. 92, ORDINANCE NO. 2272- 3-04, BY AMENDING THE DEVELOPMENT REGULATIONS FOR TRACT J FOR THE RJ RESIDENTIAL LOTS BY INCREASING THE LOT COVERAGE AND AMENDING THE GARAGE DOOR DETBACKS FOR 44.4121 ACRES IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" 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 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, Collin County, Texas, be amended by granting a change in zoning by amending Planned Development No. 92, Ordinance No. 2272-3-04, as heretofore amended, by amending the development regulations for Tracts J for R-3 residential lots by increasing the lot coverage and by amending the garage setbacks for 44.412± acres in the Francis Dosser Survey, Abstract No. 280, and the George Fitzhugh Survey, Abstract No. 321, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto, being made a part hereof for all purposes as follows:. TRACT J The Tract J shall be used and developed in accordance with the zoning regulations for the R-3 zoning district in the Allen Land Development Code, except as otherwise provided below: • Maximum Lot Coverage: 45% • Garage Door Setback: 40 feet from the front property line as set forth in Exhibits B and C 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, as heretofore amended, and as amended herein. SECTION 3. 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; however Ordinance No. 2272-3-04 shall continue in full force and effect except as heretofore amended and as amended herein. SECTION 4. 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 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 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 of the caption 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 22" DAY OF JULY, 2008. ' APPROVED: 'd;�Q zn� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: U Pker l 1'NEy Shellcy B. Geer'9QCITY SECRWFARY Ordinance No. 2755-7-08, Page 2 EXHIBIT "A" LEGAL DESCRII'TION ' TRACT J (R3 ZONES(G) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being part of a called 55.725 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 1942, (Document Number 98-0081735), Deed Records, Collin County, Texas and being part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, (Document Number 98-0081760), Deed Records, Collin County, Texas and being part of a called 163.455 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97- 0070020), Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set, from which a 5/8 inch iron rod with a red cap stamped "KHA" bears North 47 degrees 08 minutes 37 seconds West 0.94 feet, in the North line of Stacy Road (a variable width public right-of-way), said point also being in the East line of a called 37.418 acre tract of land described in Deed to Paul Lehner and Virginia Lehner, recorded in Document Number 92-0083443, Deed Records, Collin County, Texas, said point being South 00 degrees 49 minutes 24 seconds East, a distance of 3625.57 feet from a 1/2 inch iron rod with a yellow plastic cap found at the Northwest comer of said 163.455 acre tract and the Northeast comer of a tract of land described in Deed to Bryan B. Bush, recorded in Volume 1598, Page 373, Deed Records, Collin County, Texas; THENCE North 64 degrees 58 minutes 38 seconds East, a distance of 1,848.64 feet to a point for comer at the POINT OF BEGINNING of the tract herein described; TI4ENCE North 06 degrees 24 minutes 04 seconds West, a distance of 207.64 feet to a point for comer; THENCE North 05 degrees 36 minutes 10 seconds West, a distance of 438.70 feet to a point for comer; THENCE North 22 degrees 16 minutes 59 seconds East, a distance of 203.99 feet to a point for comer; THENCE North 09 degrees 24 minutes 51 seconds East, a distance of 230.01 feet to a point for comer; THENCE North 26 degrees 55 minutes 21 seconds East, a distance of 73.45 feet to a point for comer; THENCE North 03 degrees 50 minutes 07 seconds West, a distance of 219.99 feet to a point for comer; THENCE North 23 degrees 19 minutes 02 seconds West, a distance of 344.17 feet to a point for comer; THENCE North 10 degrees 42 minutes 58 seconds West, a distance of 271.71 feet to a point for comer; THENCE North 54 degrees 08 minutes 45 seconds West, a distance of 103.62 feet to a point for corner; THENCE North 10 degrees 33 minutes 20 seconds East, a distance of 177.24 feet to a point for comer; THENCE North 23 degrees 27 minutes 13 seconds East, a distance of 105.11 feet to a point for corner; ' THENCE North 89 degrees 14 minutes 04 seconds East, a distance of 887.88 feet to a point for comer; THENCE South 00 degrees 39 minutes 42 seconds East, a distance of 381.37 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 59 degrees 07 minutes 54 seconds, a Ordinance No. 2755-7-08, Page 3 radius of 365.34 feet, and a chord bearing and distance of South 31 degrees 25 minutes 09 seconds East, 360.54 feet; THENCE Southeasterly, along said curve to the left, an arc distance of 377.05 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 18 degrees 02 minutes 56 seconds, a radius of 770.10 feet, and a chord bearing and distance of South 14 degrees 04 minutes 18 seconds West, 241.59 feet; THENCE Southerly, along said curve to the left, an arc distance of 242.59 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 23 degrees 47 minutes 38 seconds, a radius of 646.09 feet, and a chord bearing and distance of South 15 degrees 42 minutes 32 seconds West, 266.38 feet; THENCE Southerly, along said curve to the right, an arc distance of 268.31 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 41 degrees 13 minutes 35 seconds, a radius of 497.70 feet, and a chord bearing and distance of South 14 degrees 14 minutes 34 seconds West, 350.44 feet; THENCE Southerly, along said curve to the left, an am distance of 358.11 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 24 degrees 12 minutes 32 seconds, a radius of 967.46 feet, and a chord bearing and distance of South 08 degrees 54 minutes 46 seconds West, 405.74 feet; THENCE Southerly, along said curve to the right, an arc distance of 408.78 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 32 degrees 58 minutes 46 seconds, a ' radius of 877.75 feet, and a chord bearing and distance of South 06 degrees 19 minutes 24 seconds West, 498.29 feet; THENCE Southerly, along said curve to the left, an arc distance of 505.23 feet to a point for corner, THENCE South 75 degrees 14 minutes 45 seconds West, a distance of 416.26 feet to a point for comer; THENCE North 63 degrees 48 minutes 12 seconds West, a distance of 150.34 feet to a point for corner; THENCE North 23 degrees 05 minutes 03 seconds West, a distance of 201.47 feet to a point for comer at the POINT OF BEGINNING and containing 44.412 acres of land, more or less. I Ordinance No. 2755-7-08, Page 4 bw / I Exhibit Garage Setback plans __.» 2755-7-08, Page 5 �. y2 �77 __.» 2755-7-08, Page 5 I I 1 , �6 I --_—_—_ " Storcreek Phase Three n� STANDARD 80x120 Allen, T% m 7/8/2008 na. PROTOTYPE Ordinance No. 2755-7-08, Page 6 n x i TX PROTOTYPE Ordinance No. 2755-7-08. Page 7 I 1 EXHtBrr "C" SUE PLAN #1 N 1 1 I I Storcreek Phase Three °Y STANDARD 80n120 Allen, TX PROTOTYPE Ordiaaace No. 2755-7-08, Page 8 EXHIBIT "D" SITE PLAN #2 Ordinance No. 2755-7-08, Page 9 1 EXHIBIT "E^ SITE PLAN #3 II'" i— STANDARD 80x120 II Allen, TX Ordinance No. 2755-7-08, Page 10