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Home My WebLink AboutO-3442-11-16ORDINANCE NO. 3442-11-16 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, RELATING TO THE USE AND DEVELOPMENT OF A 6.245E ACRE TRACT OF LAND IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 977, PRESENTLY ZONED AS "R-3" SINGLE-FAMILY RESIDENTIAL BY CHANGING THE ZONING TO CREATE "PD" PLANNED DEVELOPMENT NO. 123 WITH A BASE ZONING OF "TW' TOWNHOME RESIDENTIAL DISTRICT AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, OPEN SPACE PLAN, AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING 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, have concluded that Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended relating to the use and development regulations of a 6.245± acre tract of land in the Henry Wetsel Survey ("the Property) described in "Exhibit A," attached hereto and incorporated herein by reference, which is presently zoned as `B-3" Single -Family Residential by changing the zoning to create "PD" Planned Development No. 123 with a base zoning of "In' Townhome Residential District to be used and developed in accordance with the use and development regulations set forth in Section 2 of this Ordinance. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, ("ALDC") except to the extent modified by the Development Regulations set forth below: A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the "TH" Townhome Residential District standards of the ALDC, except as otherwise provided in this Ordinance. B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit `B," and incorporated herein by reference. Minor modifications to streets that do not alter the general alignment shown on the Concept Plan may be made at the time of platting. C. BUILDING ELEVATIONS: Buildings constructed on the Property shall be designed and developed in general conformance with building elevations submitted to and approved by the Director of Community Development. No plat of the Property shall be approved, and no building permit for any structure constructed on the Property issued, until the Director of Community Development has approved in writing all exterior building elevations. A copy of all building elevations approved by the ' Director of Community Development in accordance with this Section 2.C. shall be filed with the Office of the City Secretary in reference this Ordinance and shall be deemed a part of this Ordinance for purpose of enforcement of the regulations set forth in this Ordinance as if said elevations were an exhibit attached hereto. D. OPEN SPACE: The development of the Property shall include development of open space as shown on the Open Space Plan attached hereto as Exhibit "C," and incorporated herein by reference. E. MINIMUM DWELLING UNIT SIZE: 2,000 square feet. F. DRIVEWAYS: The driveways shall be textured and treated with a decorative concrete aggregate. G. SCREENING: Screening on the Property shall be developed in general conformance with the Concept Plan (Exhibit 'W). No building permit shall be issued until the fence permit has been issued and screening wall construction begun. No final building inspections shall be conducted for any building constructed on the property until the Director of Community Development or designee has determined that construction and installation of all required screening has been completed. H. FLOODPLAIN RECLAMATION: No application for final plat of the Property shall be considered for approval by the Planning and Zoning Commission until the owner or developer establishes to the reasonable satisfaction of City's Director of Engineering that the floodplain reconfiguration shown on the Concept Plan complies with City policy prohibiting any floodplain changes adversely impacting the floodplain by creating a rise or increase in velocity and/or a decrease in valley storage within the floodplain area and/or a rise in the 100 -year fully urbanized water surface elevation. An amendment to the Concept Plan shall be required if compliance with the foregoing floodplain policy cannot be achieved without revising the general layout of lots as set forth on the Concept Plan. REMOVAL OF STRUCTURE IN FLOODPLAIN: Any existing structures in the floodplain (Lot 5, Block B) must be removed from the floodplain by owner prior to the issuance of any development or grading permit. SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, 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 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. SECTION 7. 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. Ordinance No. 3442-11-16, Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22 No DAY OF NOVEMBER 2016. APPROVED AS TO FORM: Peter ATTORNEY (KBLAM246 80529) APPROVED: Z( AAR Stephen Terrell, MAYOR ATTEST: Shelley B. C or e,TkMC, CITNIJECRETARY Ordinance No. 3442-11-16, Page 3 EXHIBIT "A" DESCRIPTION OF PROPERTY Being 6.245 acre tract of land situated in the Henry Wetsel Survey, Abstact No. 977, being a porton of the tract of land conveyed to Clark W. Fishel and Iva W. Fishel recorded in Volume 3402, Page 358, D.R.C.C.T. Same being portion of the tract of land conveyed to Clark W. Fishel and Iva W. Fishel recorded in Volume 3402, Page 353, D.R.C.C.T. and being more particularly described as follows: COMMENCING at a steel rod with cap stamped "Roome" found for the most westerly northwest corner of said Fishel tract recorded in Volume 3402, Page 358 and being in the easterly right-of-way line of State Highway 5; THENCE along said east right of way line of State Highway 5 and the Northwest property line of said Fishel Tract, North 30 degrees 44 minutes 17 seconds East, a distance of 234.24 feet to a point; THENCE North 33 degrees 21 minutes 00 seconds East, a distance of 193.84 feet W a Texas State Highway Monument; THENCE North 43 degrees 19 minutes 56 seconds East, a distance of 51.27 feet to a Texas State Highway Monument; THENCE North 30 degrees 44 minutes 17 seconds East, a distance of 75.00 feet to an iron rod; ' THENCE South 59 degrees 15 minutes 43 seconds East, a distance of 35.00 feet to a point for corner; THENCE North 30 degrees 44 minutes 17 seconds East, a distance of 81.41 feet W a point for corner; THENCE South 50 degrees 25 minutes 54 seconds East, a distance of 39.29 feet to a point; THENCE South 19 degrees 30 minutes 19 seconds East, a distance of 399.58 feet to a point; THENCE South 19 degrees 30 minutes 18 seconds East, a distance of 188.56 feet to a point; THENCE South 23 degrees 05 minutes 57 sewnds East, a distance of 123.52 feet to a point for corner; THENCE South 31 degrees 00 minutes 00 seconds West, ad istunce of 169.73 feet to an iron rod; THENCE South 30 degrees 39 minutes ooseconds West, a distance of 8.55 feet to a set "%" for corner; THENCE North 59 degrees 21 minutes 00 seconds West, a distance of 644.94 feet to the POINT OF BEGINNING and containing a computed area of 6.245 acres of land, more or less. Ordinance No. 3442-11-16 Page 4 I EY11Mrr `°B" CONCEPTPLAN lipx'ex • i i -� PoCONCFff PIN \\`W A 6OWAAO900.0VP. INC. � ° �° � CN xsWo14 ieb. Leo.aEEEE i. E i W61. Ordinance No. 3442-11-16. Page 5 I u EXHIBIT"C" OPEN SPACE PLAN o e �� O ILH4o I�FXA9RNACE . `\`W. w��dx M twOuPOom INc c T T9 badvwW 0.tlm. Bme� iW� Ordinance No. 3442-11-16, Page 6