O-2977-12-10ORDINANCE NO. 2977-12-10
' 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
CHANGING THE ZONING OF A 16.23* ACRE TRACT OF LAND IN THE
CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, BEING DESCRIBED IN EXHIBIT "A," AND BEING A PORTION
OF TRACT 12 OF PLANNED DEVELOPMENT NO. 54, AS HERETOFORE
AMENDED, FROM "TH" TOWNHOME TO "R -T' SINGLE FAMILY RESIDENTIAL,
PROVIDING FOR DEVELOPMENT REGULATIONS; 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 Commission and the governing body of the City of Allen, in
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, be amended by changing the base zoning of a portion of Tract 12 of Planned Development No. 54, as
heretofore amended, being a 16.23 acre tract of land in the Catherine Parsons Survey, Abstract No. 711, City of
Allen, Collin County, described in Exhibit "A" attached hereto and incorporated herein by reference ("the
Property") from "TH" Townhome to "R-7" Single Family Residential.
SECTION 2. In addition to the use and development regulations generally applicable to an `R-7" Single
Family Residential zoning district, the Property shall be developed and used only in accordance with the
Concept following development regulations:
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. Building Elevations: Dwelling units shall be designed and constructed substantially in
conformance with the architectural renderings set forth in Exhibit "C," attached hereto and
incorporated herein by reference.
C. Lot Width: The minimum lot width shall be fifty (50) feet measured along the front building
' line and a minimum of forty-five (45) feet measured along the front building line for lots
fronting on a cul-de-sac.
D. Front Yard: The minimum front yard and garage setback for the Property shall be twenty
(20) feet from the right-of-way line.
E. Side Yard: The minimum side yard setback for the Property shall be five (5) feet.
F. Building Materials: A minimum of thirty percent (30%) of the required exterior masonry
shall be stone.
G. Homeowners Association: The Property shall be subject to, and each lot owner shall be a
member of the Twin Creeks Homeowners Association.
H. Screening: Screening for the Property shall be provided as identified on the Concept Plan
attached hereto as Exhibit "B".
(1) An Ornamental Metal Fence consisting of a mixture of stone columns placed fifty
(50) feet on center and wrought iron six (6) feet in height shall be constructed in
accordance with the attached Concept Plan, Exhibit `B"
(2) A masonry screening wall shall be constructed in accordance with the Allen Land
Development Code where indicated on the Concept Plan, Exhibit `B".
(3) Fencing and screening outlined in this Subsection H shall be maintained by a
Homeowners Association.
' I. Garages: Front entry garages shall have stained wooden garage doors.
J. Landscaping: Along adjacent perimeter streets, an irrigated landscape area to be maintained
by the HOA shall be provided between the fence and the street as shown on the Concept
Plan, Exhibit "B," consisting of trees planted twenty-five (25) feet on center, and shrubs.
To the extent of any conflict, the development standards set forth in this Section 2 shall control over the
development standards generally applicable to the "R-7" Single Family Residential zoning district.
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.
SECTION4. 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.
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 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. 2977-12.10 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 TBIS THE 1,fra DAY OF DECEMBER, 2010.
APPROVED AS TO FORM:
Peter G. Smith, fITY ATTORNEY
(kb1:1VW10: 6795
APPROVED:
Ste�errell, MAYOR
ATTEST:
Shelley B. Geo , CITY SECRETARY
Ordinance No. 2977-12.10, Page 3
EXIIIBIT 4°A"
' LEGAL DESCRIPTION
A 16.23 acre tract of land situated in the Catherine Parsons Survey, Abstract No. 711, in the City of Allen,
Collin County, Texas, being part of a 27.6 acre tract, recorded in Clerks File No. 05-0111574, in the Deed
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING, at a 5/8 inch iron rod found at the intersection of the West Line of Walters Road (110'
R.O.W.) and the South Line of Bray Central Drive (90' R.O.W.) and being the Northeast comer of said
27.6 acre tract;
THENCE, South 39°27'06" West, with the North line of said Watters Road and the East line of the 27.6
acre tract, a distance of 176.20 feet, to a 1/2 inch iron rod with plastic cap stamped "DAA" set at the
beginning of a curve to the left, having a radius of 1098.56, a central angle of 07°55'25", and a chord
bearing and distance of South 35013'11" West, 151.80 feet;
THENCE, continuing with said lines and with said curve to the left, an arc distance of 151.93 feet to a
1/2 inch iron rod with plastic cap stamped "DAA" set for a comer of this tract;
THENCE North 62°39'27" West, leaving said North line, a distance of 117.79 feet, to a 1/2 inch iron rod
with plastic cap stamped "DAA" set for a comer of this tract;
THENCE North 27025'32" East, a distance of 103.76 feet, to a 1/2 inch iron rod with plastic cap
' stamped "DAA" set for a comer of this tract;
THENCE, North 62039'32" West, a distance of 41.53 feet, to a 1/2 inch iron rod with plastic cap stamped
"DAA" set for a comer of this tract;
THENCE, North 80°29'13" West, a distance of 638.41 feet, to a 1/2 inch iron rod with plastic cap
stamped "DAA" set for a comer of this tract in the Northeasterly line of Phoebe Drive;
THENCE, South 81°50'55" East, a distance of 40.00 feet, to a I/2 inch iron rod with plastic cap stamped
"DAA" set for a comer of this tract at the beginning of a curve to the right having a radius of 837.47 feet,
a central angle of 6005'50", and a chord bearing and distance of South 10018'52" West, 89.08 feet;
THENCE, continuing with said curve to the left for an arc distance of 89.12 feet, to a 1/2 inch iron rod
with plastic cap stamped "DAA" set for a comer of this tract;
THENCE, South 56010'40" West, a distance of 21.82 feet, to a 1/2 inch iron rod with plastic cap stamped
"DAA" set for a comer of this tract in the Northern line of Audrey Way;
THENCE, North 80129'13" West, continuing with said line, a distance of 75.27 feet, to a 1/2 inch iron
rod with plastic cap stamped "DAA" set for a comer of this tract;
THENCE, North 33°46'37" West, a distance of 34.27 feet, to a 1/2 inch iron rod with plastic cap stamped
"DAA" set for a corner of this tract in the Northeasterly line of Benton Drive and for the beginning of a
' curve to the left having a radius of 1055.50 feet, a central angle of 31026'32", and a chord bearing and
distance of North 03020'35" West, 571.99 feet;
OrdinanceNo. 2977.12.10. Page 4
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EXHIBIT "A" (cont.)
LEGAL DESCRIPTION
THENCE, continuing with said Northeasterly line and with said curve the left for an arc distance of
579.23 feet, to a 5/8 inch iron rod with plastic cap stamped "CARTER BURGESS" found for a comer of
this tract;
THENCE, North 7500545" East, continuing with said line, a distance of 2.72 feet, to a 1/2 inch iron rod
with plastic cap stamped "PACHECO" found for a comer of this tract;
THENCE, North 18°11'20" West, continuing with said line, for a distance of 224.27 feet, to a 1/2 inch
iron rod with plastic cap stamped "DAA" set for a comer of this tract at the beginning of a curve to the
right, having a radius of 402.61 feet, a central angle of 7303225", and a chord bearing and distance of
North 1803543" East, 482.01 feet;
THENCE, continuing with said line and with said curve to the right for an arc distance of 516.75 feet to
a 5/8 inch iron rod with plastic cap stamped "CARTER BURGESS" found for the Northwest comer of
said 27.6 acre tract and being the intersection of Benton Drive and Bray Central Drive (90' R.O.W), at
the beginning of a curve to the left, having a radius of 2467.93 feet, a central angle of 26022'04", and a
chord bearing and distance of South 37°20'35" East, 1125.76 feet;
THENCE, with said North line of the 27.6 acre tract and the South line of said Bray Central Drive and
' with said curve to the left for an arc distance of 1135.76 feet, to a 1/2 inch iron rod with plastic cap
stamped "DAA" set for a comer of this tract;
THENCE, South 50'32'02" East, continuing with said North and South lines, for a distance of 131.73
feet, to a 1/2 inch iron rod with plastic cap stamped "DAA" set for a corner of this tract;
THENCE, South 4502922" East, continuing with said lines, for a distance of 110.45 feet, to a 1/2 inch
iron rod with plastic cap stamped "DAA" set for a comer of this tract;
THENCE, South 50035'17" East, continuing with said lines, for a distance of 224.97 feet, to the POINT
OF BEGINNING and containing 16.23 acres of land, more or less.
Ordinance No. 2977-12-10 Page 5
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EXMFr `Ba'
CONCEPTPLAN
Ordinance No. 2977.12-10 Page 6
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Ordinance No. 2977.12-10 Page 6
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EXHIBIT "C"
BUILDING ELEVATIONS
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Ordinance No. 2977.12-10 Page 7
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