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Home My WebLink AboutO-2279-4-04ORDINANCE NO. 22794-04 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 6 OF PLANNED DEVELOPMENT NO. 31, ORDINANCE NO. 1285.9-94, TO ALLOW TH- TOWNHOME USES ON 14.141 ACRES OF LAND IN THE G. W. FORD SURVEY, ABSTRACT NO. 326, AND THE JOSEPH RUSSELL SURVEY, ABSTRACT NO. 775, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT CONDITIONS ATTACHED AS EXHIBITS "B" AND "C" RESPECTIVELY; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING 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, Texas, as previously amended, be amended by granting a change in zoning for Tract 6 of Planned Development No. 31, Ordinance No. 1285-9-94, by allowing TH-Townhome uses on 14.14+ acres of land in the G. W. Ford Survey, Abstract No. 326, and the Joseph Russell Survey, Abstract No. 775, City of Allen, Collin County, Texas, 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 the Development Conditions attached hereto as Exhibit "C," 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, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance 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 Zoning Regulations, 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 Zoning Regulations, 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 the 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 in accordance with the provisions of the Charier 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 27TH DAY OF APRIL, 2004. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: d j� Peter G. Smith, CI ATTORNEY Shelley B. Geo C, CITYSECRETARY Ordinance No. 2279-4-04 Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' Being a tract of land situated in the G. W. Ford Survey, Abstract No. 326, and the Joseph Russell Survey, Abstract No. 775, City of Allen, Collin County, Texas and being all of that certain 14.144 acre tract of land as described in Special Warranty Deed to CREEKWOOD SUNCREEK LIMITED PARTNERSIP, as recorded in Volume 4154, Page 0514 of the Land Records of Collin County, Texas and being more particularly described as follows: COMMENCING at the intersection of the northwesterly right -of --way line of Alma Drive (a 110 foot right-of- way) as recorded in Cabinet F, Page 506 and Cabinet J. Page 794 of the Plat Records of Collin County, Texas with the northeasterly right-of-way line of Hedgcoxe Road (a 110 foot right-of-way) as recorded in Cabinet F, Page 506 and Cabinet C, Page 221 of the Plat Records of Collin County, Texas; THENCE, along the northeasterly right-of-way line of said Hedgcoxe Road the following courses and distances: North 74 degrees 00 minutes 49 seconds West, a distance of 95.20 feet to the beginning of a curve to the right, having a central angle of 07 degrees 09 minutes 49 seconds, a radius of 1295.00 feet and being subtended by a 161.81 foot chord which bears North 70 degrees 25 minutes 55 seconds West: Along said curve to the right, in a northwesterly direction, an arc distance of 161.91 feet to 5/8 inch iron rod set with a cap stamped "Huitt-Zollars" at the most southerly corner of said 14.144 acre tract and being the POINT OF BEGINNING of the herein described tract; . THENCE, continuing along the northeasterly right-of-way line of said Hedgcoxe Road the following courses and distances: Along a curve to the right, in a northwesterly direction having a central angle of 13 degrees 21 minutes 36 seconds, a radius of 1295.00 feet and being subtended by a 301.28 foot chord which bears North 60 degrees 10 minutes 12 seconds West, an arc distance of 301.96 feet to a 5/8 inch iron rod set with a cap stamped "Huitt-Zollars" at the beginning of a reverse curve to the left, having a central angle of 12 degrees 57 minutes 37 seconds, a radius of 1405.00 feet and being subtended by a 317.13 foot chord which bears North 59 degrees 58 minutes 13 seconds West; Along said curve to the left, in a northwesterly direction, an am distance of 317.81 feet to a cut cross found on top of a concrete column at the southeast comer of Suncreek 1 Tract 9, an addition to the City of Allen as recorded in Cabinet J, Page 588 of the Plat Records of Collin County, Texas; THENCE, departing the northeasterly right-of-way line of Hedgcoxe Road, and along the easterly and southerly lines of said Suncreek I Tract 9, the following courses and distances; North 39 degrees 47 minutes 40 seconds East, a distance of 375.81 feet to a %, inch iron rod found with a cap stamped "USA INC" at the beginning of a curve to the right, having a central angle of 03 degrees 53 minutes 01 seconds, a radius of 1186.00 feet and being subtended by an 80.37 foot chord which bears North 41 degrees 44 minutes 11 seconds East Along said curve to the right in northeasterly direction, an am distance of 80.39 feet to % inch iron rod found at the end of said curve; ' North 43 degrees 40 minutes 41 seconds East, a distance of 276.69 feet to a '/: inch iron rod found with a cap stamped "USA INC" at the beginning of a curve to the right, having a central angle of 61 degrees 44 minutes 25 seconds, a radius of 107.00 feet and being subtended by a 109.80 foot chord which bears North 74 degrees 32 minutes 53 seconds East; Ordinance No. 2279-4-04, Page 3 Along said curve to the right in an easterly direction, an arc distance of 115.30 feet to5/8 inch iron rod set ' with a cap stamped "Huitt-Zollars" at the end of said curve; North I I degrees 07 minutes 49 seconds East, a distance of 71.76 feet to a 5/8 inch iron rod set with a cap stamped "Huitt-Zollars" for an angle point; North 13 degrees 54 minutes 07 seconds East, a distance of 20.38 feet to a 5/8 inch iron rod set with a cap stamped "Huitt-Zollars" at the beginning of a non -tangent curve to the left, having a central angle of 125 degrees 42 minutes 00 seconds, a radius of 50.00 feet and being subtended by a 88.98 foot chord which bears North 27 degrees 55 minutes 39 seconds East; Along said curve to the left in a northerly direction, an arc distance of 109.69 feet to '% inch iron rod found at the end of said curve; North 14 degrees 09 minutes 1 I seconds East, a distance of 20.63 feet to a 5/8 inch iron rod set with a cap stamped "Huitt-Zollars" for an angle point; North 16 degrees 20 minutes 12 seconds East, a distance of 65.57 feet to a'h inch iron rod found with a cap stamped "USA INC" at the beginning of a curve to the right, having a central angle of 97 degrees 02 minutes 46 seconds, a radius of 38.00 feet and being subtended by a 56.94 foot chord which bears North 64 degrees 51 minutes 35 seconds East; Along said curve to the right in a northeasterly direction, an are distance of 64.36 feet to %s inch iron rod found with a cap stamped "USA INC" at the beginning of a compound curve to the right, having a central angle of 02 degrees 38 minutes 38 seconds, a radius of 413.00 feet and being subtended by a 19.06 foot chord which hears South 65 degrees 17 minutes 43 seconds East; Along said curve to the right in a southerly direction, an arc distance of 19.06 feet to 5/8 inch iron rod set with a cap stamped "Huitt-Zollms" at the end of said curve; South 63 degrees 58 minutes 24 seconds East, a distance of 500.00 feet to a '/v inch iron rod found on the northwesterly right-of-way of said Alma Drive; THENCE, along the northwesterly right-of-way line of said Alma Drive the following courses and distances: South 26 degrees 01 minutes 36 seconds West, a distance of 196.01 feet to a 5/8 inch iron rod set with cap stamped "Huitt-Zollars" at the beginning of a curve to the left, having a central angle of 03 degrees 51 minutes 02 seconds, a radius of 5452.89 feet and being subtended by a 366.39 foot chord which bears South 24 degrees 06 minutes 06 seconds West: Along said curve to the left in a southerly direction, an arc distance of 366.46 feet to 5/8 inch iron rod set with a cap stamped "Huitt-Zollars" at the end of said curve, said point being the most easterly comer of Apple Creek Addition, an addition to the City of Allen, as recorded in Cabinet L, Page 318 of the Plat Records of Collin, County, Texas; THENCE, North 67 degrees 49 minutes 24 seconds West, departing the northeasterly right-of-way line of said Alma Drive and along the northeasterly line of said Apple Creek Addition, a distance of 230.00 feet to a '/r inch iron rod found at the most northerly comer of said Apple Creek Addition; ' THENCE, South 22 degrees 10 minutes 36 seconds West, along the northwesterly line of said Apple Creek Addition, and continuing along the northwesterly line of a tract of land as described in instrument to Rowlett Farm Partnership, L.P. a distance of 552.34 feet to the point of beginning and containing 14.144 acres of land more or less. Ordinance No. 2279-4-04, Page 4 � I II II Ordinance No. 2279-4-04 Page 5 EXHIBIT "B^ CONCEPTPLAN FY.6i 41 Ordinance No. 2279-4-04 Page 5 I H EXHIBIT "C" GD(14g1["M DI a a"] 310100414 Y(INK Base Zoning District: The property shall be used and developed in accordance with the TH Town House Zoning Regulations under the Allen Land Development Code Zoning Regulations except as otherwise provided herein: Minimum lot area 2,160 square feet Building front yard setback 20 feet Building rear Yard setback 15 feet Building side yard separation 10 fat Building corner lot side Yard 10 feet, measured at front setback line, measured from property line Minimum Lot width 24 feet Minimum lot depth 90 feet Minimum dwelling unit size 1,200 square feet Exterior building materials 100% masonry; 90% brick on first floor of all units Masonry includes stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, glass block or similar building materials laid up unit by unit and set in mortar, and cement fiber board products as approved by the Building Official.. The following method is used for calculating the percent of masonry: The masonry area is computed from construction document elevations. Masonry calculations shall exclude doors, windows, architectural projections, areas above a second floor plate and areas above a first floor roof. Residential structures shall have a minimum 6:12 roof pitch. Unless otherwise required by the United States Postal Service, cluster mailboxes are permitted. Maximum percent lot coverage Two-story units — 65% One-story units — 75% Maximum Building height 35 feet Garages and minimum parking spaces Two car garage (may be front facing) 2 spaces in garage 2 spaces between building and front property line One visitor space required per every two townhomes Street Width 40' of rightof-way, with 28' of pavement, roll down curbs and 6' of parkway on each side of the pavement Utility Easement 10' easement required in front yard setback Fencing Developer shall construct a six-foot high screening wall along the north and west property lines consisting of masonry materials. Ordinance No. 2279-4-04, Page 6