O-2487-2-06ORDINANCE NO. 2487-2-06
' 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 PLANNED DEVELOPMENT NO. 72 BY GRANTING A CHANGE IN
ZONING FOR TRACT B4 FROM "CC" CORRIDOR COMMERCIAL TO "R3" AND
"R4" RESIDENTIAL USE; BEING 73.504± ACRES IN THE IL SEABORN AND R. F.
CLEMENTS SURVEY, ABSTRACT NO. 879, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED;
PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B";
PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT
"C"; PROVIDING A REPEALING 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 fav hearing to all the property
owners genemlly 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 granting a change in zoning for tract B4 of "PD" Planned Development
No. 72, from "CC" Corridor Commercial uses to "R3" and "R4" Residential uses, consisting of 73.504± acres in
the H. Seabom and R. F. Clements Survey, Abstract No. 879, City of Allen, Collin County, Texas, and being
further described in Exhibit "A" attached hereto.
SECTION 2. The property shall be developed and used only in the manner and for the purposes provided
for in the Concept Plan attached as Exhibit "B," the Development Regulations attached as Exhibit "C," the
Aerial exhibit attached as Exhibit "D," and which are hereby approved.
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. 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 more 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.
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.
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 THIS THE 14TH DAY OF FEBRUARY, 2006.
APPROVED: (/,_p'(/��//,��7
Stephed Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
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Peter G. Smith, CITY ATTORNEY Shelley B. George, C, CITY SECRETARY
Ordinance No. 2487-2-06,-2-06, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' BEING a tract of land located in the H. SEABORN AND R.F. CLEMENTS SURVEY, ABSTRACT NO.
879, Collin County, Texas and being a part of a tract of land described in Deed to Allen Realty Development,
LP, recorded in Document No. 2005-0067867, Deed Records, Collin County, Texas and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the intersection of the Northeast right-of-way line of Stacy
Road, a variable width right-of-way, with the Southeast right-of-way line of Ridgeview Drive, a variable
width right-of-way;
THENCE Northeasterly, along said Southeast right-of-way line, the following four (4) courses and
distances:
North 55 degrees 26 minutes 20 seconds East, a distance of 242.50 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped 'DAA" set for comer;
North 50 degrees 21 minutes 34 seconds East, a distance of 112.94 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer;
North 55 degrees 26 minutes 20 seconds East, a distance of 864.17 feet to a 1/2 inch von rod with a
yellow plastic cap stamped "DAA" set for comer at the beginning of a non -tangent curve to the left
having a central angle of 22 degrees 08 minutes 10 seconds, a radius of 1,145.69 feet and a chord
bearing and distance of North 44 degrees 22 minutes 16 seconds East, 439.89 feet;
' Northeasterly, along said curve to the left, an arc distance of 442.64 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set at the Southwest corner of a tract of land described in Deed to
Phillip Alen Wines, Brian Randall Wines and Mark William Wines, recorded in Volume 2774, page
647, Deed Records, Collin County, Texas;
THENCE North 89 degrees 21 minutes 54 seconds East, along the South line of said Wines tract, a distance
of 585.62 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the West line
of a tract of land described in Deed to Charles B. Bush, recorded in Volume 1598, Page 373, Deed Records,
Collin County, Texas and in the approximate centerline of a gravel road;
THENCE South 00 degrees 41 minutes 40 seconds East, along said centerline, passing at a distance of
444.64 feet a 1/2 inch iron rod found at the Southwest comer of said Bush tract, and continuing for a total
distance of 828.10 feet to a 1/2 inch iron rod found for comer,
THENCE South 00 degrees 58 minutes 09 seconds East, continuing along said centerline, a distance of
615.12 feet to a 1/2 inch iron and found for comer;
THENCE South 00 degrees 40 minutes 09 seconds East, a distance of 1,077.55 feet to a 1/2 inch iron rod
with a yellow plastic cap stamped "DAA" set for comer in said Northeast right-of-way line of Stacy Road;
THENCE Northwesterly, along said Northeast right-of-way line, the following eight (8) courses and
distances:
' South 48 degrees 25 minutes 04 seconds West, a distance of 23.55 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped 'DAA" set for corner at the beginning of a non -tangent curve to the right
Ordinance No. 2487-2-06, Page 3
having a central angle of 06 degrees 06 minutes 39 seconds, a radius of 2,130.00 feet and a chord
bearing and distance of North 80 degrees 26 minutes 22 seconds West, 227.07 feet;
' Westerly, along said curve to the right, an arc distance of 227.17 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "DAA" set for corner at the beginning of a non -tangent curve to the right having a
central angle of 09 degrees 33 minutes 37 seconds, a radius of 2,100.00 feet and a chord bearing and
distance of North 74 degrees 18 minutes 58 seconds West, 350.00 feet;
Westerly, along said curve to the right, an are distance of 350.41 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "DAA" set for comer at the beginning of a non -tangent curve to the right having a
central angle of 33 degrees 25 minutes 24 seconds, a radius of 2,140.00 feet and a chord bearing and
distance of North 51 degrees 16 minutes 22 seconds West, 1,230.74 feet;
Northwesterly, along said curve to the right, an are distance of 1,248.37 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer;
North 34 degrees 33 minutes 40 seconds West, a distance of 128.84 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer;
North 32 degrees 55 minutes 29 seconds West, a distance of 350.14 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for corner;
North 34 degrees 33 minutes 40 seconds West, a distance of 225.00 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer;
' North 10 degrees 26 minutes 20 seconds East, a distance of 28.28 feet to the POINT OF BEGINNING
and containing 73.504 acres of land, more or less.
Ordinance No. 2487-2-06, Page 4
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EXHIBIT "C"
DEVELOPMENT REGULATIONS
1. Tract A: the property shall be used and developed in accordance with the R-3 Single -Family
Residential District regulations of the Allen Land Development Code, Aerial exhibit and the
Concept Plan attached hereto as Exhibit `B" and which is hereby approved, except as
otherwise provided below:
a. Lot Area: The minimum area of the lots shall be twelve thousand (12,000) square
feet.
b. Lot Coverage: In no case shall more than fifty five (55) percent of the total lot area
be covered by the combined area of the main buildings and accessory buildings.
Swimming pools, spas, deck patios, porches, driveways, walks, and other paved
areas shall not be included in determining maximum lot coverage.
C. Lot Width: The minimum width of any lot shall not be less than ninety (90) feet
measured along the front building line as shown on the final plat.
d. Lot Depth: The minimum depth of any lot shall be one hundred twenty five (125)
feet measured at the midpoint of a lot
e. Front Yard: The minimum depth of the front yard shall be thirty (30) feet. The front
' yard setback may be more than the minimum in those locations depicted on the
concept plan.
f Side Yard: The minimum side yard on each side of a lot shall be nine (9) feet. A
side yard for all comer lots shall not be less than fifteen (15) feet. Roof eaves,
chimneys and other similar architectural elements may extend into the side yard
g. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet for main
buildings. The measurement shall be taken from the rear lot line.
h. Building Height: Building height shall be thirty five (35) feet measured at the
midpoint between the top plate of the house and the average front peak elevation,
except that lots 1-6, lot 30, and lots 4245 shall be restricted to one story structures.
1. Minimum Dwelling Area: The minimum enclosed heated living area shall be two
thousand five hundred (2,500) square feet.
j. Key Lots: Key lots shall be allowed. Their front and side yard lines shall match the
adjacent lots.
2. Tract B : the property shall be used and developed in accordance with the R-4 Single -Family
Residential District regulations of the Allen Land Development Code, the Aerial exhibit and
the Concept Plan attached hereto as Exhibit `B" and which is hereby approved, except as
' otherwise provided below:
a. Lot Area: The minimum area of the lots shall be ten thousand (10,000) square feet.
Ordinance No. 2487-2-06, Page 6
b. Lot Coverage: In no case shall more than fifty five (55) percent of the total lot area
' be covered by the combined area of the main buildings and accessory buildings.
Swimming pools, spas, deck, patios, porches, driveways, walks, and other paved
areas shall not be included in determining maximum lot coverage.
C. Lot Width: The minimum width of any lot shall not be less than seventy-five (75)
feet measured along the front building line as shown on the final plat.
d. Lot Depth: The minimum depth of any lot shall be one hundred twenty (120) feet
measured at the midpoint of a lot
e. Frout Yard: The minimum depth of the front yard shall be twenty-five (25) feet.
(Except as shown on the concept plan)
E Side Yard: The minimum side yard on each side of a lot shall be eight (8) feet. A
side yard for all comer lots shall not be less than fifteen (15) feet and do not need to
be equivalent to the front yard or side yard setbacks across the street.. Side yards will
conform to the Concept Plan. Roof eaves, chimneys and other similar architectural
elements may extend into the side yard
g. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet for main
buildings. The measurement shall be taken from the rear lot line.
h. Building Height: Building height shall be thirty five (35) feet measured at the
' midpoint between the top plate of the house and the average front peak elevation.
i. Minimum Dwelling Area: The minimum enclosed heated living area shall be two
thousand two hundred (2,200) square feet.
j. Key Lots: Key lots shall be allowed. A Key lot is defined as a lot which sides to the
back of an adjacent lot. The front and side yard lines shall match the adjacent lots
and be in conformance with the Concept Plan.
3. General Conditions for Tract A and tract B are as follows:
a. Maintenance of Facilities: The Developers shall establish a homeowner's association that
will be responsible for operation and maintenance of all common areas and/or common
facilities contained within the area of the Planned Development District The homeowner's
association will be created with Phase I and each subsequent phase shall be annexed into the
association.
b. Mailboxes: The Developer will deed restrict a standard mailbox design that will be required
and maintained for a consistent look throughout the development.
C. Landscaping: All landscaping will conform to the City of Allen requirements. Consistent
fencing will be required on all lots adjacent and siding to the entry roads within the
development. No fences, walls or other structures shall be allowed to exceed thirty (30)
' inches in height in the front yard.
d. Open Space: A minimum of 2.1 acres of open space will be set aside and dedicated with the
final plat dedication to the mandatory Home Owners Association. (H.O.A.) to satisfy all
required open space dedications for this tract.
Ordinance No. 2487-2-06, Page 7
' .f. Home Owners Association; Plat. A mandatory Home Owner Association shall be
established to maintain common areas in accordance with the Allen Land Development
Code. A copy of the agreements, covenants and restrictions establishing the mandatory
homeowners association shall be approved by the City Attorney prior to the approval of the
final plat for the property. The final plat and the home owner association documents shall
contain a provision that gives notice to homebuilders, home buyers and lot owners of the
over flight of aircraft from Kitty Hawk airport and the height restrictions for lots 1-6, lot 30
and lots 42-45 and the restrictions set forth in Exhibit "D."
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Ordinance No. 2487-2-06, Page 8