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O-3345-1-16ORDINANCE NO. 3345-1-16 ' 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 LOT 1, BLOCK A, ALLEN WATTERS — NTB ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS SHOPPING CENTER (SC) BY CHANGING THE ZONING TO CREATE PLANNED DEVELOPMENT NO. 122 WITH A BASE ZONING OF MULTI -FAMILY RESIDENTIAL (MF -18) AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, SCREENING 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, m 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 Lot 1, Block A, Allen Watters —NTB Addition, an addition to the City of Allen, Collin County, Texas, Collin County, Texas ("the Property") which is presently zoned as Shopping Center (SC) by changing the zoning to create Planned Development No. 122 with a base zoning of Multi -family Residential (MF -I S) 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 ("ALDC"), 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 Multi -family Residential District MF -18 standards of the 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. SCREENING PLAN: The screening for the Property shall be in general conformance with the Screening Exhibit attached hereto as Exhibit "B," and incorporated herein by reference, ' and consist of six foot (6.0') tall metal fencing with shrubs and ornamental trees along the northern and eastern property boundaries and six foot (6.0') tall metal fencing and enhanced landscaping on the western and southern property boundaries. D. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "C," and incorporated herein by reference. E. PARKING: The parking ratio shall be 1.89 spaces per dwelling unit; with a minimum of 90% of the parking provided within the parking structure. F. BUILDING SETBACKS: The building and accessory structures on the Property shall be set back from the property boundaries as shown on the Concept Plan. G. MINIMUM LOT AREA/DWELLING UNIT: The minimum lot area per dwelling unit shall be 992 square feet. H. AVERAGE DWELLING UNIT SIZE: The average dwelling unit size shall be 915 square feet. I. MINIMUM OPEN SPACE: The minimum amount of open space provided on the Property shall be 1.36 acres. J. PERCENT LOT COVERAGE: The maximum percent lot coverage shall be 55%. ' K. DENSITY: The maximum density shall be 44 dwelling units per acre. L. BUILDING HEIGHT: The maximum building height shall be four (4) stories; but in no case taller than 57 feet at ridge height and 43 feet at plate height. 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. 3345-1-16, Page 2 i 11 , r IF Sow i I , BE W- , moi- F7 i u qmw 1 W U ,OINM 1 W U n � � % AMENITY EXHIBIT ;1 Y W W ul n a� z= a -- - McDERMOTT & WATTERS APARTMENTS DAMS DEVELOPMENT HUMP_HREYS B PARTNERS ARCHITECTS L P. ti/28 15 ALLEN, TX HPM151YJW.'.�,:a.....o.- A � � EAST ELEVATION " ELEVATION PLANS 1 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12TH DAY OF JANUARY 2016. APPROVED AS TO FORM: 4k, -y4 Peter G. Smith, CITY ATTORNEY (M 12all1574779) K%00 [719 1 —V Ordinance No. 33451-16, Page 3