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O-3279-2-15ORDINANCE NO. 3279-2-15 ' 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 LOT 1, BLOCK A, FELLOWSHIP CHRISTIAN CENTER CHURCH ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS FROM SINGLE FAMILY RESIDENTIAL "R-2" TO PLANNED DEVELOPMENT NO. 119 FOR SINGLE FAMILY RESIDENTIAL "B-5"; 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 Lot 1, Block A, Fellowship Christian Center Church Addition, City of Allen, Collin County, Texas (`the Property") from Single Family Residential "R-2" to Planned Development No. 119 for Single Family Residential "R-5." 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 Single Family Residential R-5 standards of the ALDC, except as otherwise provided in this Section 2. 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 plat approval. C. LANDSCAPING: (1) The landscaping for the Property shall be developed in general conformance with the ' Landscape Plan attached hereto as Exhibit "B" and incorporated herein by reference. (2) The landscaping located on the southern boundary of the Property, as shown on the Landscape Plan, and any associated irrigation system, shall be located in a landscape easement or common area established at the time of approval of the replat of the Property I a E. F. I" H. (consistent with the Concept Plan) and shall be maintained by the subdivision homeowner's association created in accordance with ALDC Section 8.20, as amended. BUILDING ELEVATIONS: (1) The residential units constructed on the Property shall be developed in general conformance with the materials (both in style and mix) and architectural style as the Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference. (2) Residential units with the same building elevation shall not be constructed more frequently than every fourth (46) lot on the same side of the street. (3) No more than 45% of the lots may have a front facing two -car garage. (4) There shall be no operable second floor balconies on the front building elevation of any residential unit facing Road B, as shown on the Concept Plan. (5) All garage doors shall be generally similar in appearance to the garage doors shown on Exhibit "CP LOT DESIGN CRITERIA: The lot design criteria for the Property shall be as follows: (1) Minimum Lot Width: 70 feet (2) Minimum Lot Area: 7,700 square feet (3) Minimum Dwelling Unit Size: 2,200 square feet BUILDING SETBACKS: The minimum building setbacks for the Property shall be as follows: (1) Front Yard Setback: 15 feet (2) Garage Setback: 20 feet (3) Side Yard Setback: 10 feet ADDITIONAL PUBLIC IMPROVEMENTS: (1) Subject to execution of an agreement between the City and the developer or owner of the Property prior to approval of the replat of the Property (consistent with the Concept Plan), Windmill Crossing shall be extended with this development across Lot 2, Block A, Fellowship Christian Church Center Addition ("the City Property") as shown on the Concept Plan. If the developer or owner of the Property is unable to obtain an agreement with the City to construct Windmill Crossing on the City Property, the Concept Plan must be amended to provide alternate traffic circulation within the Property that conforms to ALDC design standards prior to approval of a replat of the Property (consistent with the Concept Plan). (2) An eight foot (8') wide public trail section shall be constructed on the west side of Malone Road with this development, as shown on the Concept Plan. SIDEWALKS: In accordance with ALDC Section 8.05.5.1, sidewalks are not required to be constructed on the south side of Road B or the east side of Windmill Crossing unless other state or federal law or regulation requires such construction at the time of development or at a later date. Ordinance No. 3279-2-15, Page 2 I 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 10TH DAY OF FEBRUARY 2015. APPROVED AS TO FORM: l l'k'd Peter G. Smith, crty ATTORNEY (W 2/10115.7W59) ROVED: 4&49Q:� Stepl u Terrell, MAYOR I:VOY1k9101 Shelley B. George, SECRETAR Ordinance No. 3279-2-15, Page 3 I I I Ems m«EPTPLA. Er `` ` ., / / \ie�)� 6m 5:. @amm3a - .._. y \:� % \ % / � @M@mB . m\\§� ( ± k 2 / ! Er `` ` ., / / \ie�)� 6m 5:. @amm3a __.» —5 Page 4 .2.. .._. \:� � \ @M@mB m\\§� __.» —5 Page 4 1 EXHIBIT `B" LANDSCAPEPLAN Ordinance No. 3279-2-15, Page 5 m EXHIBIT "C" BUILDING ELEVATIONS cont. Ordinance No. 3279-2-15, Page 7