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Home My WebLink AboutO-2400-5-05ORDINANCE NO. 2400-5-05 ' 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 "IT" INDUSTRIAL TECHNOLOGY TO "TIF, TOWNHOME FOR TRACT 12 OF PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-593, AS HERETOFORE AMENDED, FOR 27.613± 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 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, 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 "IT" Industrial Technology to "TH" Townhome for Tract 12 of Planned Development No. 54, Ordinance No. 1172-5-93, as heretofore amended, for 27.6/3± 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 property 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 "TIT' Townhome zoning regulations of the Allen Land Development Code, except as otherwise provided herein. (a) The property shall be subject to, and each lot owner shall, be a member of the Twin Creeks Homeowners Association (HOA). (b) 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 in accordance with the attached Concept Plan, Exhibit "B." The screening wall shall be maintained by a HOA. (c) The Townhome units shall be designed and constructed in accordance with the building elevation plans attached as Exhibit "C" and incorporated herein for all purposes. (d) The Townhome units shall be of exterior construction having at least one hundred percent (100%) 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 fagade of the units, excluding windows and doors, being constructed of at least seventy-five percent (75%) brick. No more than twenty-five percent (25%) of the exterior walls of front fnade of the Townhome units may be constructed of stucco. (e) Along adjacent perimeter streets, 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 berm, trees planted twenty-five (25) feet on center, and shrubs. (f) Trees are not required along the northern property line, which is not adjacent to a street. 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 No. 1845-6-00 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 8. 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 le DAY OF MAY, 2005. APPROVED: 0 wes• Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith rff ATTORNEY Shelley B. Georg , C, CITY SRCRETARY Ordinance No. 2400-505, Page 2 EXH BIT `A" LEGAL DESCRIPTION ' BEING, a tract of land situated in the Catherine Parsons Survey, Abstract No. 711, in the City of Allen, Collin County, Texas, being a Portion of Vacation Plat of Lots 1, 2, 3, & 4 Block A, and Lots I & 2, Block B, an addition to the City of Allen, as described in Volume R, Page 804, in the Plat Records of Collin County, Texas, and being more particularly described as follows: BEGINNING, at a %, inch iron set at the intersection of the southwest line of Bray Central Drive (Variable R.O.W.) and the east line of Benton Drive (Variable R.O.W.), being on a curve to the left, having a radius of 2466.00 feet, a central angle of 26°23'37", and a tangent of 578.25 feet; THENCE, along the southwest line of said Bray Central Drive and along said curve to the left for an arc distance of 1135.98 feet (Chord Bearing South 36°47'57" East - 1125.96 feet), to a''/c inch iron rod set at the point of tangency; THENCE, South 49059'45" East, continuing along said southwest line, for a distance of 131.72 feet, to a'% inch iron rod set; THENCE, South 44048'05" East, continuing along said southwest line, for a distance of 110.45 feet, to a %: inch iron rod set; THENCE, South 4905945" East, continuing along said southwest line, for a distance of 225.00 feet, to a % inch iron rod set at the intersection of said Bray Central Drive and Watters Road (110' R.O.W.); ' THENCE, South 40000'15" West, along the north line of said Watters Road, for a distance of 176.00 feet, to a %s inch iron rod set at the point of curvature of a curve to the left, having a radius of 1055.00 feet, a central angle of 2702222", and a tangent of 256.92 feet; THENCE, continuing along said north line and with said curve to the left for an arc distance of 504.02 feet (Chord Bearing South 26019'04" West - 499.24 feet), to a''A inch iron rod set; THENCE, South 56008'15" West, departing said north line, for a distance of 21.61 feet, to a %v inch iron rod set in the north line of Plainview Drive (65' R.O. W.); THENCE, North 79056'56" West, along the north line of said Plainview Drive, for a distance of 268.42 feet, to a 'A inch iron rod set at the point of curvature of a curve to the left, having a radius of 632.50 feet, a central angle of 26°44'49", and a tangent of 150.37 feet; THENCE, continuing along said north line and with said curve to the left for an are distance of 295.26 feet (Chord Bearing South 86040'40" West - 292.59 feet), to a %s inch iron rod set at the point oftangency; THENCE, South 73°18'17" West, continuing along said north line, for a distance of 100.00 feet, to a'/2 inch von rod set at the point of curvature or a curve to the right, having a radius of 567.50 feet, a central angle of 2403645", and a tangent of 123.80 feet; ' THENCE, continuing along said north line and with said curve to the right for an are distance of 243.78 feet (Chord Bearing South 85036'29" West - 241.91 feet), to a'/x inch iron rod set at the point oftangency; Ordinance No. 2400-5-05, Page 3 THENCE, North 82°07'59" West, continuing along said north line, for a distance of 51.78 feet, to a''/2 inch iron rod set; ' THENCE, North 35°31'25" West, departing said north line, for a distance of 20.63 feet, to a Ya inch iron rod set in the east line of said Benton Drive, being on a curve to the right, having a radius of 735.00 feet, a central angle of 16005'27", and a tangent of 103.89 feet; THENCE, along the east line of said Benton Drive and with said curve to the right for an we distance of 206.42 feet (Chord Bearing North 19039'59" East - 205.74 feet), to a''/2 inch iron rod set at the point of tangency; THENCE, North 27042143" East, continuing along said east line, for a distance of 123.31 feet, to a Y2 inch iron rod set at the point of curvature of a curve to the left, having a radius of 1065.09 feet, a central angle of 45040'17",and a tangent of 448.50 feet; THENCE, continuing along said east line and with said curve to the left for an arc distance of 849.00 feet (Chord Bearing North 04028'58" East - 826.70 feet), to a %2 inch iron rod set; THENCE, North 71038'47" East, continuing along said east line, for a distance of 2.56 feet, to a %2 inch von rod set; THENCE, North 17040'36" West, continuing along said east line, for a distance of 224.17 fcet, to a'/2 inch iron rod set at the point of curvature of a curve to the right, having a radius of 402.50 feet, a central angle of 73035'57", and a tangent of 30 1. 10 feet; ' THENCE, continuing along said east line and with said curve to the right for an arc distance of 517.03 feet (Chord Bearing North 19°07'21" East - 482.21 feet), to the POINT OF BEGINNING and containing 27.613 acres of land. 1 Ordinance No. 2400-5-05, Page 4 II 09� - o� 0000 IN 1 9 °AF RT i l i P flt l�r�Afl�Aiy PR ii FI O +�JtYGACARi _ p CAa Ai: 00 O b :: i :e