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O-2603-3-07ORDINANCE NO. 2603-3-07 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, AS PREVIOUSLY AMENDED, BY AMENDING TRACT 1 OF "PD" PLANNED DEVELOPMENT NO. 86, ORDINANCE NO. 1811-3-00, TO ALLOW "R -T' RESIDENTIAL DISTRICT ON 6.654± ACRES OF LAND IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325, BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY 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 by granting a change in zoning by amending Tract I of Planned Development No 86, Ordinance No. 1811-3-00, as heretofore amended, to allow "R-7" Residential District uses on 6.654± acres of land in the John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto, and being made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Development Regulations attached hereto as Exhibit `B" and the Concept Plan attached hereto as Exhibit "C"; and which is hereby approved. SECTION 3. 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 4. 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 5. Planned Development No. 86, Ordinance No. 1811-3-00 shall continue in full force and effect, except as amended herein. SECTION & 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 unconstitmional, 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 7. 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 & 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 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13TH DAY OF MARCH, 2007. APPRO b�ZIQ2 tephen Terrell, MAYOR ' APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY WITORNEY 4Sb,1ley. Geo C, C ECRETARY Ordimaaee No. 2603,3-07, Page 2 El'IBBIT "A^ LEGAL DESCRIPTION ' A tract or parcel of land situated in the John Fyke Survey, Abstract 325, in the City of Allen, Collin County, Texas, being part of the called 83.463 acres tract described in the deed to Waterford Trails LP recorded in Document No. 2000-0029586 in Volume 4634 Page 0390 in the Collin County Deed Records (CCDR), and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod with Huitt-Zollars cap on the north right-of-way line of White River Drive (50' wide right-of-way) being the northwest comer of Lot IA Block A of "Waterford Trails Phase I", an addition to the City of Allen recorded in Cabinet N Page 477 in the Collin County Plat Records; THENCE Westerly along the north line of White River Drive the following: THENCE North 56021'08" West, 231.75 feet; THENCE an arc distance of 38.29 feet along a tangent curve to the left with a radius of 275.00 feet, a central angle of 7058'39", the chord of which bears North 60020128" West 38.26 feet; THENCE North 64019'47" West, 41.37 feet; THENCE North 17012130" West, 34.02 feet along the diagonal corner clip at the intersection of the north line of White River Drive and the east line of Watters Road (a variable width right-of-way) as described in said "Waterford Trails Phase 1"; THENCE Northerly an we distance of 131.81 feet along the east line of Watters Road and along a non - tangent curve to the left with a radius of 700.00 feet, a central angle of 10,4721", the chord of which bears North 23029'43" East 131.62 feet; THENCE North 90000'00" East, 209.65 feet; THENCE South 00000'00" West, 10.45 feet; THENCE South 85030'25" East, 326.16 feet; THENCE North 87002'02" East, 217.58 feet; THENCE North 00000'00" East, 38.42 feet; THENCE North 90000'00" East 172.54 feet; THENCE Southerly and Westerly along the west and north side of said "Waterford Trails Phase 1" the following: THENCE South 00034'03" West, 292.56 feet; TI -INCE Southwesterly an arc distance of 59.20 feet along a tangent curve to the right with a radius of 38.00 feet, a central angle of 89015'42", the chord of which bears South 45°11'54" West 53.39 feet; ' THENCE South 89°4945" West, 662.81 feet to the POINT OF BEGINNING and CONTAINING 269,728 square feet or 6.1921 acres of land, more or less. Ordinance No, 2603-3-07, Page 3 I EXIMIT "B" PLANNED DEVELOPMENT REGULATIONS FOR CAMBRIDGE RUN 1. Base Zoning District: The property shall be used and developed in accordance with the "R-7" Single -Family Residential District regulations of the Allen Land Development Code and the Concept Plan attached hereto as Exhibit "C" and which is hereby approved, except as otherwise provided below: a. Number of Lots: There will be no more than 33 patio home lots. b. Minimum Lot Size: The minimum lot size shall be 4,000 square feet. C. Minimum Lot Detdh: There is no minimum lot depth. d. Side Yard : The minimum side yard on each side of a lot shall be three (3) feet and seven (7) feet. e. Side Yard Facing a Street: The minimum side yard on each side of a lot facing a street shall be ten (10) feet. f. Setback alone White River Drive: The minimum setback shall be fifteen (15) feet. g. Front Yard: The minimum depth of the front yard shall be fifteen (15) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet for main buildings. i. Garage Doors: The minimum setback shall be twenty (20) feet. Garage doors shall be allowed to face the street with a minimum of two (2) car garages. 2. General Conditions: a. Landscaping: 1. There shall be 4.5 inch caliper street trees between sidewalk and curb, provided an appropriate, effective root barrier is put in place. 2. There shall be a second tree (ornamental or other) on each lot located either within thirty (30) feet of the front property line for front garage entrances; or within fifteen (15) feet of rear property line for rear entry garages. b. Right -of --Way — Street right-of-way shall be equal to sixty (60) feet. C. Entrance — There shall be a divided entry located within the sixty (60) foot right-of-way with nineteen (19) feet of back to back street pavement on each side of the divider. d. Perimeter Wall — The perimeter wall adjoining the street shall be eight (8) feet high using a combination of masonry and decorative metal fencing. e. Two -Way Street — The minimum width of the two-way street shall be thirty-one (31) feet back to back. Ordinance No. 2603-3-07, Page 4 E.l'IUBIT "C^ CONCEPTPLAN This exhibit is available for view in the City Secretary's Office. Ordinance No. 2603-3-07, Page 5