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Home My WebLink AboutO-3037-9-11ORDINANCE NO. 3037-9-11 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 CONCEPT PLAN, DEVELOPMENT REGULATIONS, AND ELEVATIONS ON PROPERTY PRESENTLY ZONED PLANNED DEVELOPMENT NO. 54 (PD -54) FOR TOWNHOME (TH), AS HERETOFORE AMENDED, SAID PROPERTY BEING 0.365 x ACRES OF LAND OUT OF THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABLITY 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 concept plan, development regulations, and elevations on property presently zoned Planned Development No. 54 (PD -54) for Townhomes (TII) as heretofore amended, said property being 0.365 t acres of land out of the Catherine Parsons Survey, Abstract No. 711, Collin County, Texas; and more particularly described in Exhibit "A", attached hereto ("the Property"), said amendments to be as follows: A. The Property shall be developed in accordance with the Concept Plan attached hereto as Exhibit "B" and incorporated herein by reference. B. 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: 1. 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 front, rear, and side facades, excluding windows and doms, shall be one -hundred (100) percent masonry, consisting of brick or ' stucco. Stone and cement fiber siding material will not be utilized. 3. Ganges 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. C. The Property shall be developed and used only in accordance with the elevations attached hereto as Exhibit "C" 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 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 terns 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. 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON T1HS THE 27ara DAY OF SEPTEMBER, 2011. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. George, T9MC, CITY SEC ARY Ordinance No. 3037-9-11, Page 2 EXHIBIT "A" PROPERTY DESCRIPTION BEING a btti of laud aitusand in the CATH RM IAR,SMS 9MVEY, ABSTRACT NO. 711, City of A11M Collin Cooaty, Tam and biles Part cf that tract of lend Amcoljw W Traa I in deed to Creek Ydla, LTD, a mwwded Ia. Vo1nm 5960, Page 4721 ('statrommt NO. M5 - m i 1594X O,McW Mbc kemWs. Collin Couwy, Texan and ),-aing mm pr4iodarly desaisrd as folkmp: BEGQdNLNr, at a U2 iaheb irm nd 6mtrA with a yellow pla"rac cep vamped "L nRWW in the sowhea.serty lim of Nuah Tedi, &40 foot righe-cR..=x for the imthweat corner of La. 33, Biori, 8 of Val AS AT TWIN MFM PHAaFi I; an M&dm to the Coy of Men, Cd,%t Cmmty, Tcwm aoeordim to the Ant Orvaof recorded in Hoop 20%, Paige 616, Map Recrndi, Corin Curacy. Teras; TMNC-t North 27 A wm 22 mirow 32 loan" Rase, w7h said -0hemterly lim, a diranCe of 13E95 Feet to a 111 Inch iron rod set with a yellow plastic amp smVed "DAA" for Corner in the hh K0 ltne of that dna of lard &%w1b6d to Trac: One in dem ha RH cf Texas Limited Pueterslrp, as remwdad n 3astrtwca3 N4 20310$140MI3770, Otficial Public xA=W Collin County. Ter" TREME S00% 62 degrm 34 neinutn I7 semoda Etat, leavtcg said wrrthesserly 1me and wvh Add aoreh tine, ■ dilaraa of 117.79 feat to a 112 lace Iron nd set wkh a ydlow Pleatic cap a m1ped 'DAA" far the south oreaer o? said M of Texas I.tstted F"=x4 tract in thus, norihwemcelp fire d Wmbm RoW,a 110 toe rigtr of -way, old point bei.4 at the boWming of a mr-rafgao. curve w the kft having a actual ma a of 07 degree' 09 mimuft 49 aeaonhif, a radius of 1.099.56 kr. and a chord bmffirgr end distmm of South 27 degree 41 rolnmup tW monads West, 116.94 fret; THENCE 90 ah nstaly. leaving said =Xb lift ofd wteh Baia omeh rcsteAy baa as aro dista,>x of 1-x7.03 fen to a IP inch non rod tart wK a yellow plastic up samped'DAA" for an mmHar ell cornu of the above aratiamd VII.I.AS ATTWtm CREW PHASE H Addi'iof; MNCE North U degmes 39 moon 36 somrds Wes, ks%4es raid a0al mmMrfy lite and with the wh ]here c! said A&Hlima dirwoe of 1.7.05 Jim to the POINT O1 SBGHadING rad a attairti4 15,385 square tea or 0.365 acna of lard, maeor leo, Ordinance No. 3037-9-11. Page 3 EXIIIBIT `B" CONCEPTPLAN Ordinance No. 3037-9-11, Page 4 ■■ o- a e: �� '= -- ■■ -ME ■. 1 ME illll'•'• I 1 I EXHIBIT "C" ELEVATIONS cont. Ordinance No. 3037-9-11, Page 6