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Home My WebLink AboutO-2399-5-05ORDINANCE NO. 2399-5-05 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 CHANGING THE ZONING FROM "ME" MULTI -FAMILY TO "TH" TOWNHOME FOR TRACT 24 OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5- 93, 172-593, AS HERETOFORE AMENDED, FOR 15.459-+ ACRES IN THE KATHERINE PARSONS SURVEY, ABSTRACT NO. 711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR A SCREENING WALL PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING FOR BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBIT "D"; 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 fah hearing to all the properly ' 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, Texas, be amended by granting a change in zoning from "MF" Multi -family to "TIT' Townhome for Tract 24 of Planned Development No. 54, Ordinance No. 1172-5-93, as heretofore amended, for 15.459-+ acres in the Katherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, and being further described in Exhibit "A" attached hereto. SECTION 2. The properly shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit `B" and which is hereby approved, and in accordance with the following development regulations: Base Zoning District: The property shall be used and developed only in accordance with the "TH" Townhome zoning regulations of the Allen Land Development Code, except as otherwise provided herein. (a) A screening wall consisting of a mixture of stone columns placed fifty (50) feet on center and wrought iron six (6) feet in height shall be constructed as shown on the attached Concept Plan, Exhibit `B." The screening wall shall be maintained by the Homeowners Association (HOA). ' (b) The Townhome units shall be designed and constructed in accordance with the Building Elevations attached as Exhibit "C" and incorporated herein for all purposes. (c) Along McDermott Drive, an irrigated landscaped area to be maintained by the HOA shall provided between the fence and the sidewalk with a maximum four (4) to one (1) slope as shown on the Concept Plan consisting of a three (3) foot earthen berry trees planted twenty-five (25) feet on center, and shrubs. ' (d) The building setback adjacent to McDermott shall be twenty (20) feet. (e) The building setback adjacent to the Raintree Estates Addition shall be twenty-five (25) feet. (f) The fence adjacent to the northern property line shall be a minimum of ten (10) feet from the northern property line as shown on the Concept Plan. (g) The area between the northern fence and the property line as shown on the Concept Plan shall be an irrigated landscaped area to be maintained by a Homeowners Association and include trees planted fifty (50) feet on center. (h) The northern fence as shown on the Concept Plan in attached hereto as Exhibit `B" shall be constructed of board -on -board fencing eight (8) feet in height, and shall have comer clips at the northwest and northeast comers similar to a visibility triangle. (i) The perimeter fence on the eastern and western property boundaries as shown on the Concept Plan attached hereto as Exhibit `B" shall be constructed of wrought iron and landscaping a minimum of six (6) feet in height equipped with at least one (1) lockable gate per side. 0) The Townhome units shall be of exterior construction having at least one hundred (100) percent of the total exterior walls of the side and rear facades of the units, excluding windows and doors, constructed of brick, and exterior walls of the front facade of the units, excluding windows and doors, being constructed of at least seventy-five (75) percent brick. No more than twenty-five (25) percent of the exterior walls of front facade of the Townhome units may be constructed of stucco. (k) The property shall be subject to, and each lot owner shall, be a member of the Twin Creeks Homeowners Association. 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, as heretofore amended, and as amended herein. ' 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 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 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 for this purpose. SECTION 7. 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, 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. SECTIONS. 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. Ordinance No. 2399-5-05, Page 2 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TBE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE le DAY OF MAY, 2005. APPROVED AS TO FORM: Peter CITY ATTORNEY APPROVED: Step en Terrell, MAYOR ATTEST: Shelley B. George, C, CITY SECRETARY Ordinance No. 2399-5-05. Page 3 EX=rF "A" LEGAL DESCRIPTION ' BEING A TRACT OF LAND SITUATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT DESCRIBED AS 153.065 ACRES AS CONVEYED TO F -W -B ALLEN JOINT VENTURE L AS RECORDED IN VOLUME 1831, PAGE 536 OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF MCDERMOTT ROAD (55 FEET FROM THE CENTERLINE), SAID POINT BEING S 890 35' 29" E ALONG SAID NORTH LINE, 1086.33 FEET FROM ITS INTERSECTION WITH THE EAST LINE OF ALMA ROAD (55 FEET FROM THE CENTERLINE) AS DESCRBED IN PLAT RECORDED IN VOLUME F, PAGE 673 OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS; THENCE N 000 24'3 1- E, 549.55 FEET TO A 1" IRON PIN FOUND FOR CORNER; THENCE S 890 35'29- E, 1389.28 FEET TO A POINT FOR CORNER IN WATTERS BRANCH OF RUSSELL CREEK, SAID POINT BEING IN THE WEST LINE OF LOT 3 IN BLOCK A OF THE REPLAT OF BRAY CENTRAL ONE AS RECORDED IN VOLUME G, PAGE 120 OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS; THENCE ALONG SAID WEST LINE AS FOLLOWS: S 370 56'23- W, 121.65 FEET TO A POINT FOR CORNER; S 550 04'36- W, 285.42 FEET TO A POINT FOR CORNER; S 260 01' 12" E, 127.04 FEET TO A POINT FOR CORNER; N 780 24'47- E, 243.10 FEET TO A POINT FOR CORNER; S 490 14' 39" E, 105.05 FEET TO A POINT FOR CORNER; S 020 06'35" E, 12.90 FEET TO A POINT FOR CORNER; THENCE N 890 30' 19" W, 299.58 FEET TO A %" IRON PIN FOUND FOR CORNER; THENCE S 000 13'41" W, 145.70 FEET TO A'/s" IRON PIN FOUND FOR CORNER IN THE NORTH LINE OF MCDERMOTT ROAD; THENCE N 890 30' 19" W ALONG SAID NORTH LINE, 907.38 FEET TO A Ys" IRON PIN FOUND FOR CORNER; THENCE N 890 35'29" W CONTINUING ALONG SAID NORTH LINE, 250.80 FEET TO A 1" IRON PIN FOUND FOR CORNER AND THE PLACE OF BEGINNING AND CONTAINING 15.459 ACRES '1673,399 SQUARE FEET) OF LAND. 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