O-3004-4-11ORDINANCE NO. 3004-4-11
' 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 AMENDING THE REGULATIONS FOR A 12.345+ ACRE PORTION OF
TRACT "C" OUT OF PD - PLANNED DEVELOPMENT NO. 98 DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO TO BE DESIGNATED AS TRACT "C-2';
BY CHANGING THE BASE ZONING FOR SAID PROPERTY FROM "TH"
TOWNHOME RESIDENTIAL ZONING DISTRICT TO "R5" SINGLE-FAMILY
RESIDENTIAL ZONING DISTRICT AND ADOPTING ADDITIONAL
DEVELOPMENT REGULATIONS; BY AMENDING THE CONCEPT PLAN FOR
SAID PROPERTY; 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 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,
Collin County, Texas, be amended by amending the use and development regulations for a 12.345± acre portion
of Tract "C" of "PD" Planned Development No. 98 (PD -98), said portion being more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference for all purposes (`the Property"xthe Property
to be hereafter designated at Tract C-2 of PD -98), to be as follows:
A. BASE ZONING DISTRICT: Tract C-2 shall be developed and used only in accordance with
the "RS" Single -Family Residential zoning district regulations of the zoning regulations of
the Allen Land Development Code and the Concept Plan, except as otherwise provided
herein.
B. PERMITTED USES: The only uses permitted on Tract C-2 are those uses permitted in the
"R5" Single -Family Residential zoning district.
C. CONCEPT PLAN: Tract C-2 shall be developed in general conformance with the amended
Concept Plan as attached as Exhibit `B," to this Ordinance. Minor modifications to streets
that do not alter the general alignment shown on the Concept Plan may be made at the time
of Preliminary Plat approval.
D. DENSITY: The maximum number of dwelling units within Tract C-2 shall be 45
E. LOT AREA: The minimum lot area shall be 7,200 square feet.
F. LOT WIDTH: The minimum lot width shall be sixty feet (60').
G.
LOT DEPTH: The minimum lot depth shall be one hundred twenty feet (120').
H.
FRONT YARD: The minimum front yard depth shall be twenty feet (20').
I.
SIDE YARD: The minimum side yard widths shall be five (5') on each side.
J.
REAR YARD: The minimum rear yard setback shall be fifteen (15) feet.
K.
MAXIMUM BUILDING HEIGHT: 2.5 Stories not to exceed thirty five feet (35') in height.
L.
MAXIMUM LOT COVERAGE: 75 percent
M.
OPEN SPACE AND MINIMUM PARKLAND: Tract C-2 shall be subject to the Allen Land
Development Code requirements for open space, dedication of flood plan and park land, or
payment of fees in lieu of park land dedication, unless a Facilities Agreement is agreed to
and approved by the City Council. Open space for Tract C-2 is as noted on the Concept Plan
for Tract C-2.
N.
ALLEYS: Rear alleys are not required.
SECTION 2.
Upon the effective date of this Ordinance, the Property shall be used and development only
in the manner
and for the purposes provided for in the Allen Land Development Code of the City of Allen,
Texas, as amended, in "PD" Planned Development No. 98, and this Ordinance.
SECTION 3. In the event of an irreconcilable conflict between the provisions of a 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 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 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.
SECITON 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.
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.
Ordinance No. 3004-4-11, Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12' DAY OF APRIL, 2011.
APPROVED:
J�� g=a�
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY AwrrORNEY Shelley B. Geo e, TRMC,CITY stchETARY
Ordinance No. 3004-4-11, Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
' BEING, a tract of land situated in the James W. Parsons Survey, Abstract No. 705 in Collin County, Texas,
being out of Tract 1, as described in Clerks File No. 2006-00412620 in the Deed Records of Collin County,
Texas, being more particularly described as follows:
BEGINNING, at a 5/8 inch iron rod found at the northeast corner of a 38.814 acre tract, as described in
Clerks File No. 20110125000096960, in said Deed Records, being in the south line of Ridgeview Drive
(Variable R.O.W.), being on a curve to the right, having a radius of 1140.00 feet, a central angle of
25°51'45" and a tangent of 261.75 feet;
THENCE, along the south line of said Ridgeview Drive for an are distance of 514.58 feet (Chord Bearing
South 87019'35" East — 510.22 feet), to the point of tangency;
THENCE, South 74023'42" East, continuing along said south line, for a distance of 167.66 feet, to a point of
curvature of a curve to the left, having a radius of 1060.00 feet, a central angle of 05001'26", and a tangent of
46.50 feet;
THENCE, continuing along said south line and with said curve to the left for an are distance of 92.95 feet
(Chord Bearing South 76054126" East — 92.92 feet), to the POINT OF BEGINNING;
THENCE, continuing along said south line and being on said curve to the left, having a radius of 1060.00,
and a central angle of 18°42'41 ", and a tangent of 174.64 feet;
' THENCE, continuing along said curve to the left for an arc distance of 346.17 feet (Chord Bearing South
88046'30" East — 344.64 feet), to a point of a compound curvature of a curve to the left, having a radius of
1067.08 feet, a central angle 08035'40", and a tangent of 80.18 feet;
THENCE, continuing along said south line, for an aro distance of 160.06 feet (Chord Bearing North
81008'51" East — 159.91 feet), to a point of compound curvature a curve to the left, having a radius of
1070.00 feet, a central angle of 07047'55", and a tangent of 72.93 feet;
THENCE, continuing along said south line and with said curve to the left for an are distance of 145.64 feet
(Chord Bearing North 69022'32" East — 145.53 feet), to a calculated point;
THENCE, South 57'47'14" East, departing the south line of said Ridgeview Drive, for a distance of 27.16
feet, to a point in the west line of Twin Creeks Drive (Variable R.O.W.);
THENCE, South 00041'44" East, along the west line of said Twin Creeks Drive, for a distance of 320.30
feet, to a calculated point.
THENCE, South 01*05'43" West, continuing along said west line, for a distance of 59.68 feet, to a
calculated point;
THENCE, North 89031'24" West, departing said west line, for a distance of 333.14 feet, to a point of
curvature of a curve to the left, having a radius of 1425.00 feet, a central angle of 23°25'35", and a tangent of
295.45 feet;
' THENCE, along said curve to the left for an arc distance of 582.64 feet (Chord Bearing South 78045'48"
West — 578.59 feet), to a point of tangency;
Ordinance No. 3004-4-11, Page 4
THENCE, South 67°03'01" West, for a distance of 233.21 feet, for a point of curvature of a curve to the right
having a radius of 400.00 feet, a central angle of 19034'44", and a tangent of 69.02 feet;
THENCE, along said curve to the left for an arc distance of 136.69 feet (Chord Bearing South 76050'22"
West — 136.02 feet), to a calculated point;
THENCE, South 00°34'54"
East, for a distance of 4.43 feet, to a calculated point;
THENCE, South 89025'06"
West, for a distance of 170.00 feet, to a calculated point in the west line of said
Tract 1 being the east line of said 38.814 acre tract;
THENCE, North 00°34'54"
West, along the west line of said Tract 1 and the east line of said 38.814 acre
tract, for a distance of 233.39 feet, to a calculated point;
THENCE, North 50057'40"
East, departing said lines, for a distance of 43.72 feet, to a calculated point;
THENCE, North 19°48'41"
East, for a distance of 43.12 feet, to a calculated point;
THENCE, North 58°47'05"
East, for a distance of 31.14 feet, to a calculated point;
THENCE, South 83036'53"
East, for a distance of 44.78 feet, to a calculated point;
THENCE, North 52-09'15"
East, for a distance of 38.57 feet, to a calculated point;
THENCE, North 48019'36" East, for a distance of 105.98 feet, to a calculated point;
tTHENCE, North 68044'44" East, for a distance of 245.50 feet, to a calculated point;
1
THENCE, South 83049'01" East, for a distance of 52.68 feet, to a calculated point;
THENCE, North 80000'16" East, for a distance of 38.22 feet, to a calculated point;
THENCE, North 63°51'30" East, for a distance of 67.23 feet, to a calculated point;
THENCE, North 56059'14" East, for a distance of 176.84 feet, to the POINT OF BEGINNING and
containing 12.345 acres of land.
Ordinance No. 3004-4-11, Page 5
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CONCEPT PLAN FOR TRAcC-2
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