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O-2369-1-05ORDINANCE NO. 2369-1-05 ' 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. 65 BY GRANTING A CHANGE IN ZONING FOR TRACT 2, FROM "CF" COMMUNITY FACILITIES TO "R6" RESIDENTIAL; BEING 28.012* ACRES IN THE D. B. HEARNE SURVEY, ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS 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 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, Collin County, Texas, be amended by granting a change in zoning for Tract 2 of Planned Development No. 65, consisting of 28.012* and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes, from "CF" Community Facilities to "R6" Residential. SECTION 2. The property shall be developed and used only in the manner and for the purposes provided for in Planned Development No. 65, as heretofore amended, and as amended herein, and the Concept Plan and the Development Regulations attached hereto as Exhibits "B" and "C" respectively 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, Planned Development No. 65, as heretofore amended, and as amended herein, and all other provisions of said ordinances not in conflict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 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. Ordinance No. 2369-1-05, Page 1 I 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 25'ra DAY OF JANUARY. 2005. APPROVED AS TO FORM: l%&�JV Peter G. Smith, CITVATFORNEY APPROVED: Stephen T"ll, MAYOR ATTEST: Shelley B. George,V"C, CITY SECRETARY Ordinance No. 2369-1-05, Page 2 EXHIBIT "A" LEGAL DESCRIPTION Being a tract of land situated in the D.B. Heame Survey Abstract No. 427, in the City of Allen, Collin County, Texas, and part of a 28.9206 acre tract to the Allen Independent School District as described in Volume 4289, Page 1719, of the Deed Records of Collin County, Texas and a 1.656 acre tract to the Allen Independent School District as described in Volume 5540, Page 1051, of said Deed Records, and being more particularly described as follows: BEGINNING, at the southeast intersection of Shelley Drive (64' R.O. W. — at this point) and Malone Road (30' R.O. W.), a W' iron rod set with a yellow cap; Thence, N 90000'00" E, with the south line of Shelley Drive, for a distance of 428.90 feet, to a 'A" iron rod set with a yellow cap, at the beginning of a curve to the left; Thence, continuing with the south line of Shelley Drive (60' R.O.W.), and curve to the left, with a central angle of 21°01'00", a radius of 1480.00', for an are, length of 542.88 feet, to a''/v" iron rod set with a yellow cap, at the Point of Reverse Curve; Thence, continuing with said south line and curve to the right, with a central angle of 20009'17", a radius of 420.00', for an are distance of 147.74 feet, to a W' iron rod set, at the Point of Tangency; Thence N 89008'17" E, continuing with said south line, for a distance of 213.37 feet, to a VT iron rod set with a yellow cap, in the east line of said 28.9206 acre, same being the west line of a 4.6643 acre tract to the City of Allen, as described in Volume 4244, Page 3622, of said Deed Records; Thence, S 01002'24" W, with said line, for a distance of 881.86 feet, to the southeast comer of the 28.9206 acre tract, a 5/8" iron rod found with a yellow traverse cap, same being the northeast comer of the 1.656 acre tract to the Allen Independent School District; Thence, S 03°11'41" E, continuing part way with the City of Allen tract and with the 1.656 acre tract, for a distance of 193.16 feet, to a W' iron rod set at the southeast corner of the 1.656 acre tract; Thence, S 89035'43" W, continuing with the 1.656 acre tract, for a distance of 173.25 feet, to a Yd' iron rod set at the beginning of a curve to the right; Thence, continuing with said tract and curve, with a central angle of 15050'20", a radius of 900.00 feet, for an an; length of 248.80 feet, to a %d' iron rod set with a yellow cap at the Point of Tangency; Thence, N 74033'57" W, continuing with said tract, for a distance of 112.33 feet, to a %z" iron rod set with a yellow cap, at the beginning of a curve to the left; Thence, continuing with said tract and curve, with a central angle of 15050'20", a radius of 900.00 feet, passing the westerly comer of said tract at an are length of 29.88 feet, same being the easterly comer of a 1.647 acre tarot to Valhalla Realty 1, Ltd., as described in Volume 5301, Page 5540 of said feed Records, and continuing for a total arc length of 248.80 feet, to a ''/d' iron rod set with a yellow cap at the Point of Tangency; ' Thence, S 89035'43" W, with the 1.647 acre tract for a distance of 538.85 feet to the west line of the 28.9206 acre tract, also being the east line of Malone Road, a '/z" iron rod set with a yellow cap; Thence, N 00000'00" E, with said line, for a distance of 855.29 feet to the Point of Beginning containing 1,220,186.70 square feet or 28.012 acres of land. Ordinance No. 2369-1-05. Page 3 I1 C@e 3'€9[YpeE9 �FY�Y$ v5 A� a e� lia S a g6 oil ar �n'..nmwwv���».+o-n'A.wa'mwm vxrwvi e.avrua� vtl'we um�warAwe.wamormmi ww.e�mx I 'I 1 � x � 1 � I1 C@e 3'€9[YpeE9 �FY�Y$ v5 A� a e� lia S a g6 oil ar �n'..nmwwv���».+o-n'A.wa'mwm vxrwvi e.avrua� vtl'we um�warAwe.wamormmi ww.e�mx EXHIBIT "C" ' DEVELOPMENT REGULATIONS The property shall be used and developed in accordance with the zoning regulations for the "RC' Residential zoning district in the Allen Land Development Code, except as otherwise provided below: Minimum Lot Area: 6,000 square feet. Minimum Lot Depth: 100 feet Minimum Lot Width: 55 feet Maximum Lot Coverage: 55% Front Yard Setback: 20 feet Provided, however, covered porches may encroach into the front yard 6 feet Rear Yard Setback: 10 feet Side Yard Setback: 5 feet and 5 feet, or I foot and 9 feet; 15 feet from sidy street Minimum Dwelling Unit Size: 1,600 square feet. Street trees will be required along the perimeter of Chaparral Road and Malone Road according to the provisions in the Allen Land Development Code, being one (1) shade tree for every 40 feet of street frontage or portion thereof, and one (1) ornamental tree for every two (2) shade trees.