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O-3209-2-14ORDINANCE NO. 3209-2-14 ' 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 THE COTTONWOOD BUSINESS PARK, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM LIGHT INDUSTRIAL "LP' TO PLANNED DEVELOPMENT NO. 116 WITH A BASE ZONING OF SINGLE FAMILY RESIDENTIAL, "R-7"; ADOPTING A CONCEPT PLAN, DEVELOPMENT REGULATIONS, BUILDING ELEVATIONS AND FRONT YARD LOT LAYOUTS; 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 the property described as Cottonwood Business Park, City of Allen, Collin County, according to the plat thereof recorded as Instrument No. 19850103000002240, Official Public Records, Collin County, Texas ("the Property"), from Light Industrial "LI" to Planned Development No. 116 with a base zoning of Single Family "R -T" zoning. 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 of the Single-family Residential "R-7" zoning regulations of the Allen Land Development Code ("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 platting. ' C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit `B" and incorporated herein by reference. D. FRONT YARD LOT LAYOUTS: The Property shall be developed in general conformance with the Front Yard Lot Layouts attached hereto as Exhibit "C" and incorporated herein by reference. E. FRONT YARD SETBACK: The front yard building setback shall be nine feet (9') from the front property line for the lots shown on the attached Concept Plan. All other lots shall have a front yard ' building setback of ten feet (10'). F. SIDE YARD SETBACK: The minimum side yard building setback shall be three feet (3') on one side yard and seven feet (7') on the other side yard on each lot. The combined side yard setback distance between side yard setback lines on each side of the common side lot line of adjacent lots shall not be less than ten feet (10'). Notwithstanding the foregoing, the minimum side yard building setback for a side yard located across the street from a front yard shall be ten feet (10'). G. REAR YARD SETBACK: The minimum rear yard building setback shall be six feet (6') from the rear property line. H. LOT AREA: The minimum lot area shall be 4,000 square feet. L LOT WIDTH: The minimum lot width shall be forty feet (40'). J. LOT DEPTH: The minimum lot depth shall be one hundred feet (100'). K. DWELLING UNIT SIZE: The minimum dwelling unit sin shall be 1,800 square feet. L. EXTERIOR BUILDING MATERIALS: The exterior building materials shall be not less than 80% masonry. M. PERCENT LOT COVERAGE: The maximum percent lot coverage shall be 70%. N. PORCH ENCROACHMENT: The front porch of the homes on lots identified with a star on the ' attached Concept Plan shall be allowed to encroach a maximum of five feet (S) into the front yard building setback. O. FENCES: Fences shall be located a minimum of ten feet (10') behind the side property line on lots with a side yard located across the street from a front yard. Fences located on the rear of a lot with a six foot (6') long driveway shall be placed a minimum of eleven feet (11') behind the rear property line of the lot. P. DRIVEWAYS: Driveways shall either be six feet (6') or a minimum of twenty feet (20') in length, as measured from the edge of alley pavement. The restrictive covenants for the Property shall include a covenant enforceable by the homeowners' association for the property prohibiting parking within driveways that are less than twenty feet (20') in length. Q. UTILITIES: On lots developed with a six foot (6') driveway, franchise utility facilities and/or equipment which extends above adjacent grade (including but not limited to gas meters, telephone pedestals, electric transformers, and similar equipment or facilities) installed at the rear of the lot shall be placed in an easement outside of the six foot (6') rear building setback and shall not be located within the six foot (6') rear building setback. R. FLOODPLAIN AND STREAM BANK ANALYSIS: The floodplain shall be modified as shown on the attached Concept Plan and supported by a hydraulic study prepared by a professional engineer, licensed in the State of Texas, to be reviewed and approved by the Director of Engineering prior to issuance of floodplain development permit. A FEMA approved Conditional Letter of Map Revision ' shall be submitted and a floodplain development permit must be issued by the City of Allen prior to the issuance of any development permit for the Property. A FEMA -approved Letter of Map Revision shall be submitted prior to the issuance of any building permits for lots encumbered by the floodplain. Elevation certificates shall be required for lots encroached upon by the regulatory floodplain to Ordinance No. 3209-2-14, Page 2 demonstrate a Finished Floor two feet (2') above floodplain Water Surface Elevation. The floodplain areas located within the Property shall be maintained by the established homeowners association. A ' stream bank stabilization analysis, prepared by a professional engineer, licensed in the State of Texas, shall be completed concurrent with final engineering design and construction plan preparation and reviewed and approved by the Director of Engineering prior to floodplain development permit. S. SIDEWALK: A four foot (4') wide sidewalk shall not be required along the side of a street where a hike and bike trail is present, as shown on the attached Concept Plan. T. SCREENING: The screening for the property shall consist of an eight foot (8') masonry wall and eight foot (8') wrought iron fence with living screen, as shown on the attached Concept Plan. U. LANDSCAPING: The landscaping along Jupiter Road shall be enhanced. Trees shall be planted no greater than thirty feet (30') apart on center along the length of the side of the Property adjacent to Jupiter Road. On lots developed with a six foot (6') driveway, landscaping extending above adjacent grade (vertical hardscape, shrubbery, trees, tall grasses, and similar materials, but not including lawn grasses or low -growing ground cover) and installed at the rear of the lot shall not be located within the six foot (6') rear building setback. 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 he 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. 1 Ordinance No. 3209-2-14, Page 3 1 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE ll" DAY OF FEBRUARY, 2014. APPROVED AS TO FORM: L`a Peter G. Smith, CITY ATTORNEY (kb1:V3/14.64368) APPRPD**:Il. Steph, MAYOR ATTEST: Shelley A. George, C, CITY SE Ordinance No. 3209-2-14, Page 4 1 I IL EXHIBIT "A" CONCEPTPLAN ®i .-}��lpIII:©�fyii fi �r�J •: s � �IiE i{� � Eg ;�.iiSiiIt9eyi d5i5R '{.iIIIf.II b1��4Ai�6gt: ;rilili�I f� sS°!II`{g{u�,�g•{�Fril�, ,I 6111 fT !g1 {.4 f I. �.. I{e g° { Ems•, $ I �—' ' - e ' rp._i-�Ifi • �{3� g{ it � " .i •---------- ---�� t • it ° <. � ;` .r<; ��j •;! �' �.� __ I � ill; '\ � � \b o /� � ,fie; �• / •�` ,__ ! 0 �a R .� i{ fRI, °g I { R �• °, � r ! s i,t I •iif I' t .- I ��Ey � fi`e � d 1° a 4{{{ ° °r {g�°gIE{g I i{ r fi%:I gl�ll tIa fr I I• � ,� lglii, i fisf� s ugg;li1pg' n:RRII \ Ordinance No. 3209-2-14, Page 5 L EXHIBIT "B" BUILDING ELEVATIONS Traditional Traditional Ordinance No. 3209-2-14, Page 6 EXHIffiT "C" FRONT YARD LOT LAYOUT (10') Trad0lonal Traditional Ordinance No. 3209-2-14, Page 7 I 1 1 EXHIBIT "C" cont. FRONT YARD LOT LAYOUT (9') Tra010onal Tntl0lonal w z Plan 5 Concapt B -'=4- - a Plan 3 Ordinance No. 3209-2-14, Page 8 .y BSB