O-2651-8-07ORDINANCE NO. 26514-07
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, BY GRANTING AN AMENDMENT
TO "PD" PLANNED DEVELOPMENT NO. 88, ORDINANCE NO. 1883-11-00, AS
HERETOFORE AMENDED, TO AMEND THE REGULATIONS RELATED TO
PRIVATE STREETS, SIDE YARD SETBACKS, AND FENCE RESTRICTIONS FOR
THE ESTATES OF TWIN CREEKS FOR 79.585} ACRES OF LAND SITUATED IN
THE JESSE A. GOUGH SURVEY, ABSTRACT NO. 854, BEING FURTHER
DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABII.ITY CLAUSE;
PROVIDING FOR 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, 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 fav 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
. amended, should be further amended as follows:
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, as amended, is hereby amended by granting an amendment to "PD" Planned Development No.
88, Ordinance No. 1883-11-00, to amend side yard setbacks in accordance with Exhibit "B," attached hereto
and hereby approved, to amend private streets by formalizing escrow standards in accordance with Exhibit
"C," attached hereto and hereby approved, and to amend fence restrictions pertaining to opaque fences in
accordance with Exhibit "D," attached hereto and hereby approved, for the Estates of Twin Creeks for
79.585± acres of land situated in the Jesse A. Gough Survey, Abstract No. 854, being further described in
Exhibit "A," attached hereto.
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein.
SECTION 3. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and
the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 4. Planned Development No. 88, Ordinance No. 1883-11-00, as amended by Ordinance No. 2651-8-
07, shall continue in full force and effect, except as amended herein.
' SECTION 5. 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 6. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 7. 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 the Allen Land Development Code of the City of Allen, as
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a
separate offense.
SECTION 8. This Ordinance shall take effect immediately from and atter its passage and publication 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 28TH DAY OF AUGUST, 2017.
APPROVED:
tephen Terrell, Mayor
' APPROVED AS TO FORM: ATTEST:
1
Peter G. Smith, CitjAitomey Shelley B. Ge C, City S66,etary
Ordinance No. 2651-8-07, Page 2
EXHIBIT `A"
LEGAL DESCRIPTION
' 79.585 ACRES
BEING A 79.585 ACRE TRACT OF LAND SITUATED IN THE JESSE A. GOUGH SURVEY,
ABSTRACT NO. 347 AND THE ALFRED SLACK SURVEY, ABSTRACT NO. 854, IN THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AND BEING A PART OF THE REMAINDER OF THAT TRACT
OF LAND DESCRIBED IN DEED TO BRIAR RIDGE INVESTMENTS, INC., RECORDED IN COUNTY
CLERK'S FILE NO. 92-0047288 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
(D.R.C.C.T.), AND BEING A PORTION OF THAT CERTAIN 0.157 ACRE TRACT OF LAND AS
DESCRIBED IN DEED TO HB,LWOOD RLD, L.P. AS RECORDED IN THE COUNTY CLERK'S FILE
NO. 2004-0110922 D.R.C.C.T. SAID 79.585 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH IRON ROD FOUND WITH YELLOW PLASTIC CAP STAMPED
"CARTER BURGESS" A CONTROLLING MONUMENT, BEING THE MOST NORTHEASTERN
CORNER OF TWIN CREEKS PHASE 6A, AS RECORDED IN CABINET Q, SLIDE 203, PLAT
RECORDS COLLIN COUNTY, TEXAS (P.R.C.C.T.);
THENCE, SOUTH 85 DEGREES 20 MINUTES 33 SECONDS WEST, ALONG COMMON LINE OF
SAID 0.157 ACRE TRACT AND SAID TWIN CREEKS PHASE 6A, A DISTANCE OF 90.00 FEET TO A
5/8 INCH IRON ROD FOUND:
THENCE, SOUTH 04 DEGREES 39 MINUTES 27 SECONDS EAST, ALONG SAID COMMON LINE, A
DISTANCE OF 35.00 FEET TO A 5/8 INCH IRON ROD FOUND;
' THENCE, SOUTH 40 DEGREES 20 MINUTES 33 SECONDS WEST, ALONG SAID COMMON LINE, A
DISTANCE OF 14.33 FEET TO A 5/8 INCH IRON ROD FOUND;
1
THENCE, SOUTH 85 DEGREES 30 MINUTES 27 SECONDS WEST, ALONG SAID COMMON LINE, A
DISTANCE OF 36.63 FEET TO A 1/2 INCH IRON ROD SET WITH CAP STAMPED "RDS INC", SAME
BEING THE MOST SOUTHEASTERN CORNER OF THAT CERTAIN TRACT OF LAND OWNED BY
T.C.G.C. OWNER, L.P., C.C.# 20040013051, D.R.C.C.T;
THENCE, DEPARTING SAID COMMON LINE, AND ALONG A COMMON WEST LINE OF SAID
REMAINDER BRIAR RIDGE DIVESTMENTS, INC. TRACT AND A COMMON EAST LINE OF SAID
T.C.G.C. TRACT, THE FOLLOWING COURSES:
N 03 DEGREES 56 MINUTES 53 SECONDS W, A DISTANCE OF 331.90 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 65 DEGREES 22 MINUTES 28 SECONDS W, A DISTANCE OF 1004.77 FEET TO A 5/8
INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND
FOR CORNER;
N 83 DEGREES 53 MINUTES l l SECONDS W, A DISTANCE OF 588.26 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
Ordinance No. 265141-07, Page 3
S 82 DEGREES 11 MINUTES 01 SECONDS W, A DISTANCE OF 48.48 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 04 DEGREES 35 MINUTES 00 SECONDS W, A DISTANCE OF 389.18 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 39 DEGREES 20 MINUTES 46 SECONDS W, A DISTANCE OF 164.07 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
S 81 DEGREES 31 MINUTES 43 SECONDS W, A DISTANCE OF 73.84 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 23 DEGREES 37 MINUTES 49 SECONDS W, A DISTANCE OF 557.60 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
S 85 DEGREES 50 MINUTES 50 SECONDS W, A DISTANCE OF 43.39 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 02 DEGREES 31 MINUTES 46 SECONDS W, A DISTANCE OF 414.05 FEET TO A 5/8 INCH
' IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
S 88 DEGREES 26 MINUTES 39 SECONDS E, A DISTANCE OF 210.40 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 10 DEGREES 31 MINUTES 53 SECONDS E, A DISTANCE OF 371.48 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
N 19 DEGREES 09 MINUTES 44 SECONDS E, A DISTANCE OF 529.23 FEET TO A 5/8 INCH
IRON ROD FOUND FOR A NORTH CORNER OF SAID REMAINDER BRIAR RIDGE
INVESTMENTS, INC. TRACT;
THENCE, DEPARTING SAID COMMON LINE, AND ALONG AN EAST LINE OF SAID REMAINDER
BRIAR RIDGE INVESTMENTS, INC. TRACT AND A COMMON WEST LINE OF SAID T.C.G.C.
TRACT, THE FOLLOWING COURSES:
S 45 DEGREES 57 MINUTES 30 SECONDS E, A DISTANCE OF 1027.15 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
S 64 DEGREES 50 MINUTES 32 SECONDS E, A DISTANCE OF 653.46 FEET TO AN "X" CUT
' FOUND FOR CORNER;
Ordinance No. 26514-07, Page 4
I
S 03 DEGREES 35 MINUTES 19 SECONDS E, A DISTANCE OF 687.31 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
S 42 DEGREES 10 MINUTES 52 SECONDS E, A DISTANCE OF 1094.00 FEET TO A POINT
FOR CORNER;
S 22 DEGREES 36 MINUTES 00 SECONDS W, A DISTANCE OF 464.70 FEET TO A POINT
FOR CORNER;
S 69 DEGREES 06 MINUTES 22 SECONDS W, A DISTANCE OF 202.72 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" FOUND FOR
CORNER;
S 04 DEGREES 39 MINUTES 27 SECONDS E, A DISTANCE OF 40.90 FEET TO THE POINT
OF BEGINNING, AND CONTAINING 3,466,725 SQUARE FEET OR 79.585 ACRES OF LAND,
MORE OR LESS.
Ordinance No. 265144) Page 5
EXHIBIT ..R.,
CORNERLOTS
Side yards adjacent to a street on comer lots shall be a minimum of twenty (20) feet, measured from the street
right-of-way. This side yard setback shall also apply when a side yard is adjacent to a front yard of an
adjacent lot (key lot) or across the street from a front yard.
Ordinance No. 2651$071 Page 6
EXHIBIT 'C"
PRIVATE STREETS AND DRAINAGE ASSESSMENT SCHEDULE
t Ruse 1 Street Re s1,092.054 at 25%
Ruse 2 Street Reserve 5412,051a125%
MUM
ad Paym
tD ESrlda
1
18,281
2
18,281
3
18,2111
4
18,281
5
18,201
6
18,201
7
18,201
8
18M
9
18,2111
10
18,201
11
18,201
12
18,201
13
18,201
14
18,201
15
18.201
Tad 273,014
1
1
C latiae Bal
wilh 3%merest
18,747
38,056
57,945
78,4:10
99,530
121,263
143,648
166,7104
190,452
214,913
240,107
266,057
272,786
320,316
348,672
EIMM
Maul Payment
CO LdaM B21
b Es
w6h 3%inh"St
6,868
7,074
6,86B
14,359
6,868
21,864
6,868
29,593
6,868
37,555
6,688
45,755
6,868
54,201
6,868
62,901
6,868
71,861
6,868
81,091
6,868
90,597
6,858
100,389
6,868
110,474
6,868
120,882
6,868
131,561
103,014
Ordinance No. 26514&07, Page 7
Inv:nsar,+sr.;:
Meal PapCunulabw! Bal
m Esaaw Mh 3%interest
25,068
25,821
25,068
52,416
25,068
79,809
25,068
708,023
25,068
137,DB5
25,068
167,018
25,D58
197,849
25,068
229,605
25,068
262,313
25,068
296,003
25,068
330,704
25,068
365,446
25,068
403,259
25,068
441,178
25,068
480,234
376,027
EXHIBIT "D"
FENCES
' Section 2, Article A (4), Ordinance No. 1883-11-00 is hereby amended to read:
1
1
"Lots with frontage on two streets shall be considered double frontage lots."
Ordinance No. 265141-07, Page 8