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Home My WebLink AboutO-3204-1-14ORDINANCE NO. 3204-1-14 ' 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, BY CHANGING THE ZONING OF LOTS 1 AND 2, BLOCK A, DOWNING ESTATES, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM SINGLE FAMILY RESIDENTIAL "R-3" TO PLANNED DEVELOPMENT NO. 114 WITH A BASE ZONING OF SINGLE FAMILY RESIDENTIAL "R-6"; ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS, 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 by changing the zoning of Lots 1 and 2, Block A, Downing Estates, City of Allen, Collin County, according to the plat thereof recorded as Instrument No. 20080424010001540, Official Public Records, Collin County, Texas (`the Property"), from Single Family residential "R-3" to Planned Development No. 114 with a base zoning of Single Family "R-6" zoning. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, 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 development regulations of the Single -Family Residential "R-6" zoning regulations of the Allen Land Development Code ("ALDC"), except as otherwise provided herein. B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit A 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 Site Plan approval. ' C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit B and incorporated herein by reference. D. LOT AREA: The minimum lot area shall be 6,600 square feet. E. DWELLING UNIT SIZE: The minimum dwelling unit size shall be 2,200 square feet. ' F. LOT WIDTH: The minimum lot width shall be 62 feet. G. LOT DEPTH: The average lot depth shall be 110 feet. H. SIDEWALKS: Prior to issuance of any building permit for construction on any portion of the Property, an escrow account shall be established or an agreement entered into with the City in accordance with Section 8.25 of the ALDC with respect to the delayed construction of the five foot (5') sidewalks that are required to be built along Stacy Road. I. SCREENING: Screening for the Property shall consist of an eight foot (8') masonry wall and a combination of an eight foot (8') masonry wall and eight foot (8') wrought iron fencing as shown on the attached Concept Plan. No certificate of occupancy shall be issued for any building constructed on the Property until the City's Building Official and Director of Community Development have determined the above-described screening wall is substantially complete in conformance with the fence permit issued by the City's Community Development Department, applicable provisions of the Allen Land Development Code, and this Ordinance. J. CUL-DE-SAC LENGTH: The length of the cul-de-sac may exceed 600 feet as shown on the attached Concept Plan, so long as emergency access is provided from Monaco Drive, through a separate lot subject to the following conditions: (1) An all-weather driving surface, able to support fire apparatus and acceptable to the ' Allen Fire Department, shall be constructed and maintained along across the southern end of the Property as shown on the attached Concept Plan and connecting to Monaco Drive; (2) A gate, secured with a Knox Box or other locking mechanism acceptable to the Allen Fire Department, shall be constructed across the emergency drive described in (1), above, to prevent use of the drive for purposes other than emergency access; and (3) The declaration of covenants, conditions, and restrictions (or document serving the similar purpose) shall define the above-described emergency access drive as a common area for the development and shall require said drive to be owned, maintained, and repaired by the homeowners' association established with respect to the development of the Property to the same extent as a fire lane is required to be maintained pursuant to applicable provisions of the ALDC and the Code of Ordinances. K. OPEN SPACE: The amenitized detention areas shown on the attached Concept Plan shall qualify as the open space required by Section 4.08.17.5 of the ALDC. L. GARAGE SETBACK: The minimum garage setback for the lots identified on the attached Concept Plan shall be four feet (4') behind the front yard building setback line. 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 he void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance No. 3204.1.14, Page 2 1 1 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 28rr' DAY OF JANUARY, 2014. APPROVED AS TO FORM: Lia Peter G. Smith, CITY ATTORNEY obi: 1/1511466x69) APPROVED: Ste rell M1IAYOR P , ATTEST: Shelley B. George, y SECRETAR Ordinance No. 3204.1.14, Page 3 EXHIBIT "A" CONCEPTPLAN ii if'!gp iii Yq v�@ qg K Mill MjdR i¢ RggeYe� I'"li �j�� i ,d!! e`! �� Cg j s q 6 q SUgg ei & e it eifiiiaq!IS;3f e•, �;,� a6 q f fflliR!i3lSitf �iRfifs� i p �fR Ordinance No. 32041.14, Page 4 ? l /qI F ii if'!gp iii Yq v�@ qg K Mill MjdR i¢ RggeYe� I'"li �j�� i ,d!! e`! �� Cg j s q 6 q SUgg ei & e it eifiiiaq!IS;3f e•, �;,� a6 q f fflliR!i3lSitf �iRfifs� i p �fR Ordinance No. 32041.14, Page 4 EXHIBIT "B" BUILDING ELEVATIONS Shingle Roof Ordinance No. 3204.1.14, Page 5 Shingle Roof