Loading...
O-3364-2-16ORDINANCE NO. 3364-2-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, RELATING TO THE USE AND DEVELOPMENT OF 4.24% ACRES OF LAND LOCATED IN THE J.W. PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS PLANNED DEVELOPMENT PD NO. 98 FOR TOWNHOME RESIDENTIAL "TH" TO PLANNED DEVELOPMENT PD NO. 98 FOR SINGLE-FAMILY RESIDENTIAL R-7 AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AN OPEN SPACE EXHIBIT AND BUILDING ELEVATIONS; 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 relating to the use and development regulations of 4.247± acres of land located in the J.W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, Texas, being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") which is presently zoned as Planned Development No. 98 by changing the base zoning from Townhome Residential (TH) to Single Family Residential (R-7) and to be used and developed in accordance with the use and development regulations set forth in Section 2 of this Ordinance. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, ("ALDC") except to the extent modified by the Development Regulations set forth below: A. DESIGNATION OF TRACT C-1: The portion of Tract C of PD -98 depicted on the Concept Plan attached hereto as Exhibit "A" and incorporated herein by reference, and any remaining portion of Tract C not previously re -designated as Tract C-2, is hereby re -designated as "Tract C-1". B. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the Single -Family Residential District R-7 standards of the ALDC, except as otherwise provided herein. ' C. 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 Concept Plan may be made at the time of platting. I 1 1 D. OPEN SPACE EXHIBIT: The Property shall be developed in general conformance with the Open Space Exhibit attached hereto as Exhibit "C" and incorporated herein by reference. E. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "D" and incorporated herein by reference. F. BUILDING SETBACKS: The building setbacks for the Property shall be as follows: 1. Front Yard Setback: Fifteen Feet (15.0') 2. Side Yard Setback: Seven Feet (7.0') on one side and Three Feet (3.0') on the other side G. LOT AREA: The minimum lot area shall be 2,948 square feet. H. LOT WIDTH: The minimum lot width shall be 44 feet. 1. LOT DEPTH: The minimum lot depth shall be 67 feet. J. MINIMUM DWELLING UNIT SIZE: The minimum dwelling unit sin shall he 2,200 square feet K. DENSITY: The maximum density shall he 6.35 units/acre. L. GARAGES: The minimum garage setback shall be 20 feet from the front property line. M. DRIVEWAYS: Driveways shall be treated with a decorative concrete aggregate N. SCREENING: Screening on the Property shall be developed in general conformance with the Concept Plan (Exhibit `B"). 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. 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 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. 3364-2-16, Page 2 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 23ao DAY OF FEBRUARY 2016. APPROVED AS TO FORM: ("�2& j Peter G. Smith, CITY (ATTORNEY (kbl 2W6 ]5445) APPROVED: v Stepbefi Terrell, MAYO ATTEST: Shelley B. Geo , TRMC, CITY S REE�C VARY Ordinance No. 3364-2-16, Page 3 EXHIM "A" 1 BEING a tract of land situated in the J. W. Parsons, Survey, Abstract No. 705, in the City of Allen, Collin County, Texas, being part of a tract of land In Deed to HP-Ridgeview, as described In Clerk's File No. 20060330000412510 and Clerk's File No. 2006033000041250, In the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING. at a 5/8 inch Iron rotl found with a cap stamped "KHA" at the Northeast corner of Fall Creek Phase 1, an addition to the City of Allen, as described in Doc. No. 2012424, In the Plat Records of Collin County, Texas, being in the South line of Ridgeview Drive (120' R.O.W.), same being on the right, having a radius of 940 DO feet, a central angle of 27 degrees 07 minutes 28 seconds and a tangent of 226.75 feet; THENCE, along the South line of old Ridgeview Drive and with said curve to the right for an arc distance of 445.01 feet (Chord Bearing South 85 degrees 41 minutes 46 seconds East -440.86 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc." at the point of tangency; THENCE, South 72 degrees DB minutes 02 seconds East, continuing along said South line, for a distance of 176.23 feet, to a 1/2 inch iron rod set with a yellow up stamped "Corwin Eng. Inc.", at the point of curvature of a curve to the left, having a radius of1060.00 feet, a central angle of C6 degrees 33 minutes 26 seconds, and a tangent of 60.72 feet; THENCE, continuing along said South line and with said curve to the left for an arc d15tarsce of 121.31 feet (Chord Bearing South 75 degrees 24 minutes 45 seconds East —121.24 feet), to a 1/2 inch iron rod set with a yellow cap Stamped "Corwin Eng. Inc.", being In the North line of Cumbedand Crossing Phase III, an addition to the City of Allen, as described in Doc No. 201245, in Said Plat Records; THENCE, South 53 degrees 00 minutes 00 seconds West departing said South line and a long the North ' line of said Cumberland Crossing Phase III and with the approximate centerline of a creek, Fora distance of 79.99 feet, to a point for comer; THENCE, South 60 degrees 03 minutes DO seconds West, continuing along said South North line and with sa Id creek, for a distance of 142.00 feet, to a point for corner; THENCE, North 85 degrees 00 minutes OD seconds West, continuing along Said lines, for a distance of 75.00 feet, to a point for corner; THENCE, South 69 degrees 00 minutes 0o seconds West, continuing along said lines, for a distance of 245.00 feet, t0 a paint for corner, THENCE, South 75 degrees 00 minutes 170 seconds West, continuing along Bald lines, for a distance of 35.00 feet, to a point for corner; THENCE, South 45 degrees 00 minutes 00 seconds West, continuing along Bald lines, for a distance of 10.00 feet. to a point for corner; Ordinance No. 3364-2-16, Page 4 EXHIBIT "A" LEGAL DESCRIPTION coot. ' THENCE, South 00 degrees 00 minutes 00 seconds East, continuing along said lines, for a distance of 20.00 feet, to a point for corner; THENCE, South 45 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of 66.00 feet, to a point for comer; THENCE, South 80 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of 30.00 feet, to a point for comer; THENCE, South 60 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of 15.00 feet, to a point for corner; THENCE, South 90 degrees 00 minutes W seconds West, continuing along said lines, for a distance of ISM feet, to a point for corner, THENCE, North 60 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of 18.00 feet, to a point for corner, THENCE, South 50 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of 25.00 feet, to a point for corner; THENCE, South 30 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of ' 30.00 feet, to a point for corner; THENCE, South 00 degrees 00 minutes 00 seconds East, continuing along said lines, for a distance of 20.00 feet, to a point for corner; 1 THENCE, South 50 degrees 00 minutes 00 seconds West, continuing along said lines, for a distance of 45.00 feet, to a point in the East line of said Fall Creek Phase I and being the most westerly Northwest comer of said Cumberland Crossing Phase III; THENCE, North 00 degrees 34 minutes 54 seconds West, along the East line of said Fall Creek Phase I, for a distance of 495.49 feet, to the POINT OF BEGINNING and containing 4.247 acres of land. Ordinance No. 3364-2-16, Page 5 1 1 1 EXHIBIT'S" CONCEPTPLAN •.a �Il,; :!li I lot Jill :® Ordinance No. 3364-2-16. Page 6 1 EXHIBIT "C" OPEN SPACE EXHIBIT Open Space Amenity Elevation Open Space Amenity Plan Ordinance No. 3364.2.16 Page 7 I EXHIBIT `T" BUILDING ELEVATIONS Ordinance No. 3364-2-16 Page 8 I 1 1 EXHHHT"D" BUILDING ELEVATIONS cont. Ordinance No. 33642.16. Page 9 I 1 1 EXHtRIT "D" BUILDING ELEVATIONS cont. Ordinance No. 3364.2.16. Page 10 EXHHHT "IV' BUILDING ELEVATIONS con[. I Ordinance No. 33642-16. Page 11