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O-3235-7-14ORDINANCE NO. 3235-7-14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP BY AMENDING THE DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR A PORTION OF DISTRICT E OF THE TWIN CREEKS URBAN CENTER PLANNED DEVELOPMENT PD NO. 108, SAID PORTION BEING LOT 2-R-1, BLOCK E, BRAY CENTRAL ONE ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS; 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 amending the development regulations, adopting a Concept Plan, and adopting Building Elevations relating to the use and development of a portion of District E of the Twin Creeks Urban Center Planned Development PD No. 108, said portion being more particularly described as Lot 2-R-1, Block E, Bray Central One Addition, an addition to City of Allen, Collin County, Texas ("the Property"). 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 within District E of the Twin Creeks Urban Center Planned Development ordinance and the standards of the Allen Land Development Code_("ALDC"), except as otherwise provided herein. B. PERMITTED USES: Notwithstanding Table 1: Schedule of Principal Uses of Planned Development PD No. 108, as amended, the following uses shall be permitted uses on the Property: (1) Beer & Wine Package Sales (2) Beer & Wine Package Sales (Greater than 50% of sales) ' (3) (4) Book, Card or Novelty Shop Convenience Store (no fuel) (5) Drug Store or Pharmacy (6) Dwelling, Multi -family (Urban living) (25+ units/acre) (7) Fitness or Health Center (8) Florist (9) Grocery (10) Laundry/Dry Cleaning (Pickup Only) ' (ll) Retail Store (12) Senior Independent Living C. 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. No final inspection or certificate of occupancy shall be issued or conducted for any multifamily unit in Phase 2 of the Multifamily Tract until and unless the City has conducted final inspections and issued a certificate of occupancy for the building within the Retail/Restaurant/Office Tract as shown on the attached Concept Plan. D. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Ordinance No. 3235-7-14, Page 2 Building Elevations attached hereto as Exhibit "B," and incorporated herein by reference. E. CIVIC SPACE: Notwithstanding anything to the contrary in Section 3.3.2 of the development regulations for PD -108 (Exhibit `B" to Ordinance No. 3044-10-11), the civic space to be developed in association with development of the Property shall be developed and located as shown on the attached Concept Plan. F. STREET IMPROVEMENTS: The driveways and hooded left tum median openings on Junction Drive, and the driveways on Watters Road shall be located as shown on the attached Concept Plan. Construction of the hooded left turn median openings shall be completed prior to the issuance of a Certificate of Occupancy for Phase 1 of the Multifamily Tract. ' G. SCREENING: The screening for the Property shall consist of an eight foot (8') wrought iron fence with landscape screening along the northern property boundary as shown on the Concept Plan. No building permit shall be issued for any building to be constructed on the Property prior to the issuance of a fence permit for the construction of the wrought iron fence. 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 fence and landscape screening are 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. H. PARKING: The parking ratio for the minimum required number of parking spaces shall be: (1) 1.77 spaces per dwelling unit for the Multifamily Tract and (2) 1.0 space per dwelling unit for the Senior Independent Living Tract. Parking ratios for all other uses shall be the same as otherwise required by Sections 8.2.4 and 8.3.3 of the development regulations for PD -I08 (Exhibit "B" to Ordinance No. 3044-10-11). I. DWELLING UNIT SIZE: The minimum area per residential dwelling unit shall be (1) 720 square feet for the Multifamily Tract; and (2) 350 square feet for the Senior Independent Living Tract. J. BUILDING HEIGHT: Buildings located within the Retail/Restaurant/Office Tract shall be a minimum of two (2) stories and 33.5 feet (at main roof level) and a maximum of four (4) stories. Ordinance No. 3235-7-14, Page 2 K. FRONT YARD BUILDING SETBACK: The buildings on the Property shall be set back from Junction Drive and Watters Road as shown on the attached Concept Plan. The minimum front yard building setback shall be 10 feet. 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 S"r DAY OF JULY, 2014. APPROVED: Step a ll,eowq� APPROVED AS TO FORM: ATTEST: �2.r.�e���9 Peter G. Smith, ATTORNEY She B. 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