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Home My WebLink AboutO-2620-4-07ORDINANCE NO. 2620-4-07 ' 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 FOR TRACT A OF `TD" PLANNED DEVELOPMENT NO. 65 FROM "TH" TOWNHOME RESIDENTIAL DISTRICT TO "R-7" RESIDENTIAL DISTRICT BEING 15.87± ACRES OF LAND IN THE D.B. HEARNE SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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, 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 fav 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, the City Council has concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be further amended as follows: 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, as amended, is hereby amended by granting a change in zoning for Tract A of "PD" Planned Development No. 65, from ` TH" Townhome Residential District to "R-7" Residential District being 15.871 acres of land in the D.B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and being made a part bereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Development Regulations attached hereto as Exhibit "B" and the Concept Plan attached hereto as Exhibit "C" which are hereby approved. SECTION 3. 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, Texas. 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 he 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 fm this purpose. SECTION 7. Any person, fm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in the Allen Land Development Code of the City of Allen, w amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTIONS. This Ordinance shall take effect immediately from and atter 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 24TH DAY OF APRIL, 2007. APPROVED: Steph Terrel�MAYOR APPROVED AS TO FORM: ATTEST: Q&-:� 5.,o�� Peter G. Smith, CVfY ATTORNEY Shelley B. GeorjWCITY SECRE Y Ordinance No. 2620-407, Page 2 EXIMU "A" ' LEGAL DESCRIPTION BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the D.B. Hearns Survey, Abstract No. 427, and a part of that 41.531 acre tract of land described as Tract 1 conveyed to D.R. Horton - Texas., a Texas limited Partnership as recorded in Document No. 2005-0167969, Collin County Deed Records, and being further described as follows: BEGINNING at a one-half inch von rod found for the southeast corner of said Tract 1, said point being South 89 degrees 35 minutes 43 seconds West, 10.00 feet from which a five-eighths inch iron rod found in the west line of F.M. 2551 (a variable width right-of-way), said point being the northeast corner of Easy Acres Addition, an addition to the City of Allen, Texas as recorded in Cabinet 6, Slide 87, Collin County Plat Records; THENCE South 89 degrees 35 minutes 43 seconds West, 862.29 feet along the south line of said Tract I and along the north line of Easy Acres Addition to a one-half inch iron rod set for southwest comer of said Tract 1, said point being the southeast comer of a 49.582 acre tract of land described m Tract 2 conveyed to D.R. Horton -Texas., a Texas limited Partnership as recorded in Document No. 2005-0167969, Deed Records Collin County, Texas; THENCE along the west line of said Tract 1 and along the east line of said Tract 2 as follows: North 00 degrees 16 minutes 05 seconds East, 251.02 feet to a one-half inch iron rod set for comer; North 14 degrees 40 minutes 37 seconds East, 99.60 feet to a one-half inch iron rod set for corner, ' North 12 degrees 59 minutes 10 seconds Wes[, 166.76 feet to a one-half inch iron rod set for corner; North 04 degrees 51 minutes 38 seconds East, 345.71 feet to a one-half inch iron rod set for comer; 1 North 01 degrees 55 minutes 35 seconds West, 128.23 feet to a one-half inch von rod set for comer; THENCE Southeasterly, 155.86 feet along a curve to the right having a central angle of 08 degrees 27 minutes 52 seconds, a radius of 1055.00 feet a tangent of 78.07 feet and whose chord bears South 64 degrees 47 minutes 23 seconds East, 155.72 feet to a one-half inch iron rod set for comer; THENCE South 60 degrees 33 minutes 26 seconds East, 112.03 feet to a one-half inch iron rod set for comer; THENCE Southeasterly, 538.83 feet along a curve to the left having a central angle of 29 degrees 24 minutes 10 seconds, a radius of 1050.00 feet, a tangent of 275.49 feet and whose chord bears South 75 degrees 15 minutes 31 seconds East, 532.94 to a one-half inch iron rod set for corner, THENCE South 89 degrees 57 minutes 36 seconds Fast, 95.00 feet to a one-half inch iron rod set for corner in the east line of said Tract 1, said point being in the west line of F.M. 2551; THENCE South 00 degrees 02 minutes 24 seconds West, 719.32 along east line of said Tract 1 and along the west line of said F.M. 2551 to the POINT OF BEGINNING and containing 691,109 square feet or 15.866 acres of land. Ordinance No. 2620-4071 Page 3 EXHIBTT "B" ' MORGAN CROSSING DEVELOPMENT REGULATIONS The property shall be developed and used only in accordance with the zoning regulations for "R-7' Residential Zoning District except as otherwise provided herein. 1. Minimum Lot Area 4,500 square feet. 2. Minimum Front Yard: 10 feet. If the building has a front face which is inset and is coincident with an unenclosed porch, the minimum front yard shall be 7 Vs feet. The minimum front yard for an unenclosed front porch shall be 5 feet. 3. Minimum Rear Yard: 10 feet, except the face of a garage shall have a minimum rear setback of 18 feet. 4. Minimum Side Yard: 5 feet. 5. Minimum Lot Width: 40 feet. 6. Minimum Lot Depth: 105 feet. 7. Minimum Dwelling Size: 1,600 square feet. 8. Maximum Percent Lot Coverage: 65%. I9. Detached, free-standing garages shall be allowed. A minimum of 10 feet of separation shall be provided between the garage and the primary building. 1 Ordinance No. 26204-07, Page 4 1 EXIMIT "C" CONCEPTPLAN Ordinance No. 26204-07, Page 5