O-3057-1-12ORDINANCE NO. 3057-1-12
' AN ORDINANCE 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 ON 32.0911 ACRES IN THE SHADRICK JACKSON
SURVEY, ABSTRACT NO. 489, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AND BEING FURTHER DESCRIBED IN EXHIBIT "A" HERETO, FROM
PLANNED DEVELOPMENT PD NO. 63 FOR CORRIDOR COMMERCIAL "CC"
TO PLANNED DEVELOPMENT PD NO. 63 FOR SINGLE FAMILY RESIDENTIAL
"R-6" USE; BY AMENDING THE DEVELOPMENT REGULATIONS FOR SAID
LAND; PROVIDING FOR A CONCEPT PLAN ; PROVIDING FOR BUILDING
ELEVATIONS; PROVIDING A CONFLICTS RESOLUTION 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 Conunission 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, Collin County, Texas, be amended by granting a change in caning from Planned Development PD No.
63 Corridor Commercial "CC" to Planned Development PD No. 63 Single Family Residential "R-6", for
32.091± acres in the Shadrick Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas, and
being further described in Exhibit "A" attached hereto ("the Property"),
SECTION 2. The Property shall be developed and used only in accordance with Single Family Residential
"R-6" Zoning District regulations except as follows.
A. Concept Plan: The Property shall be developed and used only in accordance with the
Concept Plan attached hereto as Exhibit `B," and incorporated herein by reference.
B. Minimum Lot Area: No lot shall have an area of less than 6,600 square feet.
C. Minimum Dwelling Unit Sim: Dwelling unit sizes shall be no less than 2,200 square feet.
D. Minimum Lot Width: The minimum lot width shall be sixty (60) feet.
E. Minimum Lot Depth: The minimum lot depth shall he one hundred ten (110) feet.
F. Front Yard Setback: The front yard setback shall be a minimum of twenty (20) feet from
the property line. In addition, with respect to homes with garage door entries facing the front
property line, the portion of the front building facade not constituting the portion where the
garage doors are installed shall be set back not less than three (3) feet from the portion of the
front fagade where the garage doors are installed.
G. Side Yard Setback: Side yard setbacks shall be as follows:
(1) If the side yard is adjacent to a street and the side of the lot on the opposite side of the
street is not a front yard, the side yard set back shall be a minimum of fifteen (15)
feet from the property line;
(2) If the side yard is adjacent to a street and the side of the lot on the opposite side of the
street is a front yard, the side yard set back shall be a minimum of twenty (20) feet
from the property line;
(3) In all other instances other than (1) and (2) above, the side yard set back shall be a
minimum of five (5) feet from the property line.
H. Rear Yard Setback: The rear yard setback shall be equal to the minimum side yard setback
for lots with a rear -to -side yard orientation.
1. Product Tyne and Ouantlty: No more than four (4) dwelling units constructed with garage
door entries facing the front property line (i.e. "front entry garages") shall be constructed on
consecutive lots (i.e. four lots in a row) on the same side of a street. A minimum of 60% of
' the lots developed on the Property shall be constructed with garage door entries generally
perpendicular to the front property line (i.e., "J -swing garages"). The front building
elevations of dwelling units constructed on the Property shall be substantially consistent with
the materials and design set forth in the Building Elevations shown in Exhibit "C," attached
hereto and incorporated herein by reference. In no case shall dwelling units with front entry
garages be constructed on the lots identified for J -swing garages as indicated on the Concept
Plan attached hereto as Exhibit "B."
J. Screening: An eight (8) foot masonry wall shall be constructed along the northern property
boundary, "stem property boundary and along Ridgeview Drive to the Floodplain line.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and
development of the Property, 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, as amended hereby, be adjudged or held to he 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 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 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.
Ordinance No. 3057-1-12, Page 2
SECTION 7. 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 2fo DAY OF JANUARY, 2012.
APPRO AS TO FORM:
r G. SmM, CrrY ATTORNEY
APPROVED:
i
ATTEST:
Shelley B. George,IC, CITY SECRE ARY
Ordinance No. 3057.1.12. Page 3
EXHIBIT "A"
' LEGAL DESCRIPTION
LEGAL DESCRIPTION
32.091 ACRES
BEING a tract of land alluated in the Shaddck Jackson Survey, Abstract Number 489,
City of Allen, Collin County, Texas, and being part of a 180.66 acre tract of land
described as 'Tract 1" In a deed to Gulf Coast Package, Ltd. recorded in Collin County
Clerk Rle Number 94-0060164, Land Records, Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a 5/8" iron rod with plastic cap marked KHA set at the northwest comer
of a tract of land described in a deed to Our Lady of Angels recorded In Volume 5291,
Page 384, Land Records, Collin County, Texas, said point being in the approximate
centerline of West Rowlett Road (County Road 113);
THENCE South 00°45'51' East departing said West Rowlett Road and with the west
line of said Our Lady of Angels passing at 624.55 feet a 5/8" Iron rod with plastic cap
marked KHA found at the northwest comer of Lot 1, Block A. Our Lady of Angels
Catholic Church, an addition to the City of Allen recorded in Cabinet P, Page 560, Map
Records, Collin County. Texas, and continuing for a total distance of 963.45 feet to a
5/8" iron rod with plastic cap marked KHA found at the most westerly southwest comer
of said Lot 1, Block A, Our Lady of Angels Catholic Church;
Ordinance No. 3057-1-12, Page 4
THENCE South 51'4W46" East continuing with the west line of saki Lot 1, Block A. Our
'
Lady of Angels Catholic Church a distance of 372.52 feet to a 5/8" iron rod with plastic
cap marked KHA set for comer in the north line of Ridgeview Drive, a variable width
Right -of -Way dedicated to the City of Allen recorded in Volume 6034, Page 4318, Land
Records, Collin County, Texas;
THENCE with the north line of said Ridgeview Drive the following calls:
South 38°11'09" West a distance of 489.62 feet to a 5/8" iron rod with plastic cap
marked KHA set for comer;
South 44"00'09" West a distance of 258.58 feet to a 5/8" iron rod with plastic cap
marked KHA set for comer;
South 49"4T13" West a distance of 537.64 feel to a 518" iron rod with plastic cap
marked KHA set for comer,
South 57"24'31" West a distance of 135.80 feet to a point for comer in the
centerline of Rowlett Creek;
THENCE departing the north line of said Ridgeview Drive and along the centerline of
said Rowlett Creek the following calls:
North 39°44'20" West a distance of 106.48 feet to a point for comer,
Ordinance No. 3057-1-12, Page 4
EXHIBIT "A"
LEGAL DESCRIPTION (cont.)
North 06`34'23" West a distance of 171.39 feet to a point for comer;
North 06033'08" East a distance of 37.38 feet to a point for comer,
North 08°27'35" West a distance of 123,62 feet to a point for comer;
North 29°09'53" West a distance of 119.82 feet to a point for comer,
THENCE departing the centerline of said Rowlett Creek the following calls.
North 74°50'33" East a distance of 163 23 feet to a 518" iron rod with plastic cap
marked KHA set for comer,
North 43°28'35" East a distance of 118.98 feet to a 518" iron rod with plastic cap
marked KHA set for comer;
North 36°23'44" East a distance of 68.87 feet to a 518" iron rod with plastic cap
marked KHA set for comer;
North 25°41'34" East a distance of 22.64 feet to a 5/8" iron rod with plastic cap
marked KHA set for comer;
Ordinance No. 3057-1-12, Page 5
North 46°56'53" West a distance of 124.69 feet to a point for comer;
North 57°30'13" West a distance of 45.11 feet to a point t for comer;
North 29°04'24" West a distance of 79.27 feet to a point for comer;
North 17°06'33" West a distance of 58.44 feet to a point for corner;
North 06°23'57" East a distance of 18.51 feet to a point for comer,
North 53°24'25" East a distance of 53.91 feet to a point for corner;
North 75°39'37" East a distance of 101.68 feet to a point for comer,
North 43°39'23" East a distance of 56.59 feet to a point for corner;
North 05°16'07" East a distance of 266.21 feet to a point for comer;
North 01 °40'06" East a distance of 41.83 feet to a point for comer,
North 00"23'16" West a distance of 173.61 feet to a point t for comer;
North 06`34'23" West a distance of 171.39 feet to a point for comer;
North 06033'08" East a distance of 37.38 feet to a point for comer,
North 08°27'35" West a distance of 123,62 feet to a point for comer;
North 29°09'53" West a distance of 119.82 feet to a point for comer,
THENCE departing the centerline of said Rowlett Creek the following calls.
North 74°50'33" East a distance of 163 23 feet to a 518" iron rod with plastic cap
marked KHA set for comer,
North 43°28'35" East a distance of 118.98 feet to a 518" iron rod with plastic cap
marked KHA set for comer;
North 36°23'44" East a distance of 68.87 feet to a 518" iron rod with plastic cap
marked KHA set for comer;
North 25°41'34" East a distance of 22.64 feet to a 5/8" iron rod with plastic cap
marked KHA set for comer;
Ordinance No. 3057-1-12, Page 5
EXHIBIT "A"
LEGAL DESCRIPTION (cont.)
' North 14°55'17" East a distance of 627.72 feet to a 518" iron rod with plastic cap
marked KHA set for comer,
j
North 01'24'52' East a distance of 20.36 feet to a 518" iron rod with plastic cap
marked KHA set for comer in the approximate centedine of said West Rowlett
Road;
THENCE North 89°14'09' East along the approximate centerline of said West Rowlett
Road a distance of 386.94 feet to the POINT OF BEGINNING and containing 32.091
acres of land.
Bearing system of this survey Is based on a line oriented between qty of Men geodetic
monuments 5 and 6 found In the field, whose positions are published on the Texas
State Plane Coordinate System, North American Datum of 1983, North Central Zone
4202. The horizontal coordinates of this survey are local surface coordinates derived
from Allen Wriument 6.
This document was prepared under 22 TAC 063.21, does not reflect the results of an
on the ground survey, and is not to be used to convey or establish interests in real
property except those rights and interests implied or established by the creation or
reconfiguration of the boundaryof the political subdivision for which Owes prepared.
Dana Brown
Registered Professional Land Surveyor No. 5336
Kimley-Hom and Associates, Inc.
12700 Park Central Drive, Suite 1800
Dallas, Texas 75251-1516
Ordinance No. 3057-1-12, Page 6
6' 11
u
1
EXHIBIT `B"
CONCEPTPLAN
Ordinance No. 3057-1-12, Page 7
EXHIBIT "C"
BUILDING ELEVATIONS
FRONT ENTRY PRODUCT
Ordinance No. 3057-1-12. Page 8
I
EXHHSIT "C"
BUILDING ELEVATIONS (cont.)
J-SWINC PROEUCT - FRONT VIEW
Ordinance No. 3057-1-12, Page 9
I
EXHBIT "C"
BUILDING ELEVATIONS (cont.)
J -SWING PRODUCT - SIDE VIEW
Ordinance No. 3057-1-12, Page 10