O-2560-9-06ORDINANCE NO. 2560-09-06
' 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 AND EXPANDING "PD" PLANNED DEVELOPMENT DISTRICT NO. %
TO REZONE 30.917± ACRES OUT OF THE DAVID H. NIX SURVEY, ABSTRACT NO.
668, AND THE JAMES WILCOX SURVEY, ABSTRACT NO. 1017, BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FROM -A-0-
AGRICULTURE-OPEN SPACE DISTRICT TO "R-6" SINGLE-FAMILY
RESIDENTIAL DISTRICT; PROVIDING FOR THE APPROVAL OF
DEVELOPMENT REGULATIONS, ATTACHED AS EXHIBIT "B" AND THE
APPROVAL OF A CONCEPT PLAN, ATTACHED 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 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, the City Council has concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be further amended as set out below.
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 heretofore amended, is hereby further amended by amending and expanding Planned Development No.
% to rezone 30.973 acres of land out of the David H. Nix Survey, Abstract No. 668, and the James Wilcox
Survey, Abstract No. 1017, being further described in Exhibit "A" attached hereto and made a part hereof for all
purposes, from "A -O" Agriculture -Open Space District to "R-6" Single -Family Residential District as provided
in the Development Regulations for Hamilton Hills attached hereto as Exhibit "B" and incorporated by reference
herein, and as depicted in the Concept Plan attached hereto as Exhibit "C."
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations for Planned Development No. 96, as heretofore amended, and as further amended for Hamilton
Hills as set forth in Exhibit "B" attached hereto and incorporated herein, and in accordance with the Concept
Plan attached hereto and incorporated herein as Exhibit "C."
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.
SECTIONS. Planned Development No. 96, OrdinanceNo. 2353-12-04 shall continue in full force and effect,
except as amended herein.
' SECTION 6. 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 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 8. Any person, fnm 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 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 12TH DAY OF SEPTEMBER, 2006.
APPROVED:
1
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY eo ORNEY Shelley B. GTTY SECRET"Y
Ordinance No. 2560-09-06, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' HAMILTON HH.LS
BEING a tract of land situated in the David H. Nix Survey, Abstract No. 668, said
the lames Wilcox Survey, Abstract No. 1017, and being located in the City of
Allen, Collin County, Texas, and being a part of that tract of land described in deed
to Montgomery Parol Company ae recorded in Volume 1033, Page 891 of the Deed
Records of Collin Comity, Texas (D.R.C.C.T.), and being more particularly
desen W as follows:
BEGINNING at a point for the most southwesterly comer of that tract of land
described as Tract B in Alma Road Right -of -Way Dedication Deed to the City of
Allen, Texas as recorded in Document No. 03-0110815, D.R.C.C.T., said point
being the intersection of the northwesterly right-of-way line of Alma Drive (120
feet wide) with the west line of that tract of land described as Tract 2 in deed to
Emerson Farm Company, Ltd. as recorded in Volume 5105, Page 3414,
D.R.C.C.T.;
THENCE departing said northwesterly right-of-way tine and across said Tract 2,
the following courses and distances to points for comers;
North 01 degree 38 ntinutes 46 seconds East a distance of 141.07 feet;
' North 01 degree 09 minutes 39 seconds East a distance of 1067.10 feet;
Notch 84 degrees 52 minutes 41 seconds East a distance of 358.57 feet;
North 85 degrees 50 minutes 32 seconds East a distance of 403.02 feet;
Notch 87 degrees 09 minutes 28 seconds East a distance of 118.96 feet;
North 00 degrees 25 minutes 01 second West a distance of 44.09 feet;
North 01 degree 04 minutes 49 seconds West a distance of 93.81 feet;
South 89 degrees 50 minutes 34 seconds East a distance of 168.73 feet;
North 89 degrees 30 minutes 43 seconds But a distance of 319.22 feet;
THENCE North 89 degrees 37 minutes 11 seconds East, a distance of 275.75 feet to
a point on said northwesterly right-of-way line;
THENCE South 27 degrees 05 minutes 31 seconds West, continuing along said
northwesterly rigbtof-way line, a distance of 487.40 feet to the point of curvature
of a circular curve to the right having a radius of 1140.00 feet, whose chord bears
' South 44 degrees 56 minutes 11 seconds West a distance of 698.67 feet;
Page 2 of 3
4285874x.1 1235628 W 19
Ordinance No. 2560-09-06, Page 3
THENCE Westerly, continuing along said northwesterly right -of --way line and
along said curve to the right, through a central angle of 35 degrees 41 minutes 20
' seconds for an arc distance of 710.09 feet to a point for corner;
THENCE South 62 degrees 46 minutes 51 seconds West, continuing along said
northwesterly right-of-way line, a distance of 1067.98 feet to the POINT OF
BEGINNING AND CONTAINING 1,348,903 square feet or 30.97 acres of land,
more or less.
1
Ordinance No. 2560-09-06, Page 4
EDIT "B"
DEVELOPMENT REGULATIONS
FOR HAMILTON HD.LS
A. Purpose: Hamilton Hills is intended to provide a distinctive residential community consisting of a
creative and cohesive arrangement of larger, almost estate homes on the east side of the drainage way
that traverses the subject property, and a combination of single family lot sizes on the west side of the
drainage way.
B. Concept Plan: The property shall be developed in general accordance with the Concept Plan which
shall be attached to and made a part of this ordinance.
C. Development Standards for Residential Areas -
1. Base Zoning District: For the areas designated as residential on the Concept Plan, the base
zoning shall be "R-6" Single -Family Residential District as amended and as modified herein.
2. Uses: Except as otherwise permitted herein, the only uses permitted on the Property shall be
the following uses:
3.
4.
a. Dwelling, Singe Family (Detached)
b. Park or Playground
C. Real Estate Sales Office (T)
d. Cisterna
e. Construction Office (T)
f Construction Office (T)
g. Home Occupation
Height and Area Regulations for residential areas:
Front Yard Setback
10 feetta minimum of 20 feet must
be provided between the garage door
of a home and the adjacent right-of-
way; the cisterna structure must be
setback 15 feet from adjacent rights-
of-way; any walls erected as part of
a landscape/water feature must be
setback 10 feet from adjacent rights-
of-way
Side Yard Setback
None
Rear Yard Setback
10 feet
Maximum height of building
35 feet/95 feet for cisterna
Minimum lot area
6,000 sq. ft.
Minimum lot width
50 feet
Minimum lot depth
10o feet
Minimum area per
2,000 sq. ft.
residential dwelling unit
Maximum lot coverage
55%
As an exception to Section 8.06. Lot Design of the Allen Land Development Code, lots
adjacent to open spaces, such as the lots at the northwest comer of the Property as shown on
the Concept Plan, shall not be required to have frontage on a dedicated public street or public
Ordinance No. 2560-09-06, Page 5
way provided such lots have driveway access provided to buildings on the lots from an
improved street, alley, or public way.
' D. Thoroughfare: All internal rights-of-way shall be a minimum of 45 feet with a 10 foot pedestrian,
utility/access easement located adjacent to each street. The minimum right-of-way for Tatum Drive
shall be 60 feet with a 70 foot flare at the intersection with Alma Drive.
1
1
E. Single family lots shall not have access to Bethany, Alma, or Tatum Drives.
Ordinance No. 2560-09-06, Page 6
PC
Ili
it w