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Home My WebLink AboutO-3035-9-11ORDINANCE NO. 3035-9-11 ' 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 AMENDING THE DEVELOPMENT REGULATIONS AND ELEVATIONS ON PROPERTY PRESENTLY ZONED PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE AMENDED AND DESCRIBED AS LOTS 125 THROUGH 130, INCLUSIVE, BLOCK A, OF THE FINAL PLAT FOR VILLAS AT TWIN CREEKS PHASE 1, CITY OF ALLEN, TEXAS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABIdTY 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 Zoning Map of the City of Allen, Collin County, Texas, be amended by amending the development regulations and elevations on property presently zoned Planned Development No. 54 (PD -54) for Townhomes (TH) as heretofore amended, said property being described as Lots 125 through 130, inclusive, Block A, of the Final Plat for Villas at Twin Creeks Phase 1, an Addition to the City of Allen, Collin County, Texas (`the Property"), said amendments to be as follows: A. The Property shall be developed and used only in accordance with the regulations of the ALDC and PD -54 as previously adopted and amended except as further amended as follows: L The brick and paint colors for the townhome units shall match the materials found on the existing townhomes constructed on other lots within the subdivision in accordance with the building elevations in effect prior to the adoption of this Ordinance. 2. The exterior construction materials of the fiont, rear, and side facades, excluding windows and doors, shall be one -hundred (100) percent masonry, consisting of brick or stucco. Stone and cement fiber siding material will not be utilized. 3. Garages shall have insulated steel garage doors with simulated wood grain. ' 4. Garage doors shall not have windows. 5. Any new fencing shall be the same height, design and color of stain as fencing existing on adjacent lots within the subdivision. B. The Property shall be developed and used only in accordance with the elevations attached hereto as Exhibit "A" which are hereby approved. SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations of the City of Allen, as heretofore amended, and as amended herein. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, 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 & 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 & 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 state law, 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 27"r DAY OF SEPTEMBER, 2011. APPROVED: AM 2 ot� Stephen a YOR APPROVED AS TO FORM: ATTEST: P er G. Smith, ATTORNEY Shelley B. George, TRMC, CITY SECRETARY Ordinance No. 30359-11, Page 2 iffivil :: (�!, I r—�. . —�a� �- .- _ _ _ � � e� � _ � ` — ;` . . ._ ;.� �. rt : u� �''— ,�.. ,�a�