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O-3145-3-13ORDINANCE NO. 3145-3-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS AMENDED, BY CHANGING THE ZONING OF 79.60± ACRES IN THE J. GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM AGRICULTURAL -OPEN SPACE "AO" TO PLANNED DEVELOPMENT "PD" NO. 112 FOR SINGLE FAMILY RESIDENTIAL "R-5"; ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS, LOT DETAIL EXHIBIT, BUILDING ELEVATIONS, AND PRODUCT PHOTOS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS 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, 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 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 Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended by graining a change in zoning for 79.60± acres in the J. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") from Agricultural -Open "AO" to Planned Development No. 112 for Single Family Residential "R-5". SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amendment, except to the extent modified by the Development Regulations set forth below: A. Base Zoning District: The Property shall be developed and used only in accordance with the Single Family Residential R-5 zoning district regulations of the zoning regulations of the Allen Land Development Code, except as otherwise provided herein. B. Concept Plan: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit 'B" and incorporated herein by reference. Minor modifications to streets that do not alter the general alignment shown on the attached and approved Concept Plan may be made at the time of Final Plat approval. ' C. Buildine Elevations: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "C" and Product Photos attached as Exhibit "D." D. Lot Width: The minimum lot width shall be sixty-two and one-half feet (62.5'). E. Lot Depth: The minimum lot depth shall be one hundred twenty feet (120'). F. Front Yard Setback: The minimum front yard setback shall be twenty feet (20'). G. Rear Yard Setback: The minimum rear yard setback shall be twenty feet (20'). H. Side Yard Setback: The minimum side yard setback shall be six feet (6'). L Building Height: The maximum building height shall be forty feet (40'). J. Garage Orientation: (1) No less than fifty percent (50%) of the houses shall be constructed with an inside J - swing two car garage as shown in Option 1 of the Lot Detail attached hereto as Exhibit "E" and incorporated herein by reference, which houses may be developed with an optional front facing one car garage as shown in said Option 1. (2) No more than twenty five percent (25%) of the houses shall be constructed with an inside J -swing one car garage and a front facing two car garage with masonry divider, as shown in Option 2 of the Lot Detail attached hereto as Exhibit "E". (3) No mom than twenty five percent (25%u) of the houses shall be constructed with a front facing two car garage with masonry divider, as shown in Option 3 of the Lot ' Detail attached hereto as Exhibit "E". K. Garage Setback: The minimum garage setback for front facing garages shall be five feet (5') behind the Front Yard Setback. L. Garage Doors: All garage doors shall be wood clad and generally similar in appearance to the garage doors shown in Exhibit "D," attached hereto and incorporated herein by reference. SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. 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. SECTIONS. 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 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 7. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. Ordinance No. 3145-3-13. Page 2 I 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 26m DAY OF MARCH, 2013. APPROVED AS TO FORM: 9�� 1 Pe'6r G. Smith, crFY ATTORNEY (kbl:3/14/13:59841) APPROVED: 4t%,. 1, MAYOR ATTEST: Ordinance No. 3145.3.13. Page 3 EXHIBIT "A" LEGAL DESCRIPTION BEING a tract of land situated in the J. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas, the subject tract being all of a tract of land conveyed to William Robb Cook according to the deed recorded in Document Number 95-0052413 of the Deed Records, Collin County, Texas (DRCCT), the subject tract being more particularly described as follows: BEGINNING at 1/2" iron rod with a plastic cap found for the inset southwest comer of Twin Creeks Phase 6B, an addition to the City of Allen, recorded in Cabinet R, Page 276 of the Plat Records, Collin County, Texas (PRCCT), and being shown in Shallowater Drive (a variable width public right-of-way) per said plat; THENCE S 02° 49' 06" E, along the lower west line of Twin Creeks Phase 6B, and same for Shallowater Drive, passing at 1435.36 feet the southwest comer of said Twin Creeks Phase 6B and the northwest comer of Twin Creeks Phase 6C, an addition to the City of Allen, recorded in Cabinet 2007, Page 502 PRCCT, continuing along the west line thereof, a total distance of 2338.93 feet to a 1/2" iron rod found for the southwest comer of Twin Creeks Phase 6C and the northwest corner of The Preserve, an addition to the City of Allen, recorded in Cabinet 2011, Page 370 PRCCT; THENCE S 02° 20'33" E, 27.99 feet along the west line of The Preserve, and same for Shallowater Drive, to a 1/2" iron rod with a plastic cap found for the northeast corner of that certain tract described in deed to Mrs. Eugene McDermott and Mary McDermott Cook, recorded in Volume 614, Page 93 DRCCT; THENCE N 89° 44' 31" W, 1713.02 feet along the common line thereof to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set on the east line of Custer Road (a called 110 foot public right-of-way); ' THENCE along the east line of Custer Road, the following courses: N 00° 33'46" W, 205.56 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set; and N 01' 08'46" W, 1551.39 feet to a 1/2" iron rod with a plastic cap stamped "SPIARSENG" set for the southwest corner of a 7.5 fool wide tree right-of-way dedicated to the City of Allen, as shown on the Final Plat of Custer Meadow Phase B, an addition to the City of Allen, recorded in Cabinet M, Page 311 PRCCT; THENCE N 69° 38' 13" E, 1303.15 feet along said right-of-way to a I/2" imn rod with a plastic cap stamped "SPIARSENG" set for the southeast comer of said right-of-way, and being on the south line of the remainder of that certain tract described in deed to Briar Ridge Investment Inc., recorded in Document Number 92- 0047288 DRCCT; THENCE N 71° 52' 17" E, 58.45 feet along the common line thereof to a 1-1/2" iron pipe found for the northerly southwest corner of said Twin Creeks Phase 6B; THENCE N 70" 02' 19" E, 375.19 feet along the upper south line thereof, to the PLACE OF BEGINNING with the subject tract containing 3,467,356 square feet or 79.600 acres of land. 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