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Home My WebLink AboutO-2436-9-05ORDINANCE NO. 2436-9-05 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 "AO" AGRICULTURE/OPEN SPACE TO "PD" PLANNED DEVELOPMENT NO. 97 FOR "R7" RESIDENTIAL USES, FOR 32.89* ACRES IN THE JESSE GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C"; PROVIDING FOR AN ENTRY FEATURE CONCEPT ATTACHED AS EXHIBIT "D"; PROVIDING FOR A PERIMETER SCREENING WALL CONCEPT AS EXHIBIT "E"; PROVIDING FOR HOME ELEVATIONS ATTACHED AS EXHIBIT "F'; 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 (52,000) 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 from "AO" Agriculture/Open Space to Planned Development No. 97 for `RT' Residential uses, for 32.89± acres in the Jesse Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Concept Plan attached as Exhibit "B," the Development Regulations attached as Exhibit "C," the Entry Feature Concept attached as Exhibit "D," the Perimeter Screening Concept plan attached as Exhibit "E," and the Home Elevations attached as Exhibit "F," and which are hereby approved. 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. 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 ISM DAY OF SEPTEMBER, 2005. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITT ATTORNEY Shelley B. George, C, CITY SECRETARY Ordinance No. 2436-9-05, Page 2 EXMBIT "A" LEGAL DESCRIPTION BEING a tract or parcel of land situated in the City of ALLEN, Collin County, Texas; and being a part of the Jesse Gough Survey, Abstract No. 347, and being all of that tract of land conveyed to James L. Roach, Trustee, by Deed recorded in Volume 3155, Page 240, Deed Records, Collin County Texas; and being more particularly described as follows: BEGINNING at'/. inch iron rod found in the north like of McDermott Road (F.M. Highway 2170, having a Right — of Way width of 100 feet), and being the Southwest corner of said Roach tract and the Southeast comer of a tract of land conveyed to Eugene McDermott, by Deed recorded in Volume 614, Page 93, Deed Records, Collin County, Texas; THENCE North 02024'22" West along the west line of said Eugene McDermott tract and the east line of a tract of land conveyed to Mary McDermott Cook, by Deed recorded in County Clerk File No. 95-0052413, Public Records, Collin County, Texas, a distance of 962.77 feet to a % inch iron rod set for comer, and being the most westerly Southwest corner of a tract of land conveyed to Briar Ridge Investments, Inc., by Deed recorded in County Clerk file No. 95-0047288, Public Records, Collin County, Texas; THENCE South 82025'19" East along the south line of a said Briar Ridge Investments tract a distance of 1779.22 feet to a % inch iron rod found for corner; THENCE South 00014'32" East a distance of 489.16 feet to a'/r inch iron rod found for corner, ' THENCE South 46°09'49" West a distance of 232.83 feet to a'/r inch iron rod set for comer; 1 THENCE South 01038'24" West a distance of 51.34 feet to a'f. inch iron rod set for the comer in the north line of said McDermott Road; THENCE South 86037'00" West along the north line of said McDermott Road a distance of 238.04 feet to a '/z inch iron rod set for comer; THENCE South 89030'00" West continuing along the north line of said McDermott Road a distance of 1318.34 feet to the POINT OF BEGINNING and containing 32.89 acres of land, more or less. Ordinance No. 2436-9-05, Page 3 H u II, Fl Be wile G a L EXEIIBIT "C" DEVELOPMENT REGULATIONS The property shall be used and developed in accordance with the zoning regulations for the "R7" Residential zoning district in the Allen Land Development Code, and the Concept Plan attached hereto as Exhibit `B" and which is hereby approved, except as otherwise provided below: Minimum Lot Area: 5,000 square feet. Lot area shall be as follows: 5,000 to 5,999 square feet 61 lots or 58% of the lots 6,000 to 7,000 square feet 32 lots or 31% of the lots 7,000 square feet and up 11 lots or I 1 % of the lots Front yard setback: 15 feet from the front of the dwelling unit 20 feet from the front entry garage Rear yard setback: 10 feet Side yard setback: 3 feet and 7 feet, with 10 feet separation between dwelling units Corner lot side yard: 5 feet, measured from the front yard building setback line Minimum lot width: Minimum 50 feet at the front building line except on cul-de-sacs and elbows, when minimum will be 45 feet. Minimum lot depth: 90 feet measured at the center of the lot. Minimum living area: 1,900 square feet Maximum percent log coverage: 60%, excluding porches, driveways and patios Maximum dwelling units per acre: 3.5 per gross acre Dwelling Units construction: dwelling units shall be designed and constructed substantially in conformance with the architectural renderings and elevation set forth in Exhibit "F" and which is hereby approved. No windows shall be allowed on the side of the home abutting an adjacent patio. Building height: 35 feet Building height in stories: 2.5 stories Garages: Front entry from street Carnage House architectural double garage doors Minimum roof pitch: 8/12 Roof Materials: 30 year Architectural Dimensional asphalt shingle Ordinance No. 2436-9-05, Page 5 I 1 Mailboxes: Either cluster or individual, depending upon U.S. Post Office decision Perimeter Trees: One 4 -inch tree shall be planted in the landscape buffer for each adjacent home site on McDermott Drive in addition to the requirements of the City of Allen Homeowner's Association: A mandatory Homeowner's Association pursuant to the Allen Land Development Code, Article 8.20 shall be established prior to approval of the final plat which shall assume and be responsible for the continuous and perpetual operation, maintenance, and supervision of all open space, landscaping systems, landscaping elements and features, including, but not limited to, any and all trails, lakes, ponds, dams or similar structures, and entry features. Landscape Easement: A minimum landscape easement of fifteen (15) feet from the northern right-of-way line of McDermott Drive shall be maintained by the Homeowner's Association. Screening Wall: Perimeter screening wall shall be erected and maintained along McDermott Drive and Shallowater Drive consisting of 100% masonry fencing, with landscaping elements to provide aesthetically appropriate screening with brick/stone offsets in accordance with the perimeter screening wall concept attached as Exhibit "E" and which is hereby approved. An entry feature shall be constructed and maintained substantially in accordance with Exhibit D attached hereto and which is hereby approved. Wrought iron will be allowed adjacent to the open space along Shallowater Drive as depicted on Exhibit "D," Trail System: A trail system will be constructed around the lake area. Ordinance No. 2436-9-05, Page 6 1 EXHIBIT"D" ENTRY FEATURE ENTRY YWT-P VIEW^� ENTRY IAWO -ELEVATION C M P iMP AT TMN CRE➢($ Ordinance No. 2436-9-05, Page 7 I IF EXHIBIT "E^ PERIMETER SCREENING WALL CONCEPT WALL YoU-PW MEW �..„ WALLUWY -E AT Ordinance No. 24369-05, Page 8 prr Gnup4M SoenFG k LaMsq. T ME PRfS]l.E AT 1 gmCS W AWS. WF Crnq Tr 1 � 1 ON Ma.+.dny,Err„ ,r Hyland Homes Pario Noma Concept Allen A,�gust 2005 I' i 1