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O-1609-7-98ORDINANCE NO. 1609-7-98 AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERMANENT ZONING ON THE FOLLOWING -DESCRIBED TRACTOF LAND: 31.97 ACRES OF LAND LOCATED IN THE L W. PARSONS SURVEY, ABSTRACT' NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AS FOLLOWS: PLANNED DEVELOPMENT -SHOPPING CENTER NO. 67 (PD -SC NO. 67) ON 31.97 ACRES OF LAND; PROVIDING FOR EXHBTT 'A' LAND USE PIAN; PROVIDING FOR EXHBTT B' AREA AND USE REGULATIONS; PROVIDING FOR EXHITITT -0 LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABIIITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governin body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the Cityof Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording 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 Comprehensive Zoning Ordinance No. 1425-5-96 should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be, and the same is hereby, amended by changing the Zoning Map of the City of Allen to establish permanent zoning of Planned Development -Shopping Center No. 67 (PD -SC No. 67) on 31.97 acres of land located in the 1. W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, Texas. SECTION 2. The land use plan, attached hereto as Exhibit "A," and the area and use regulations, attached hereto as Exhibit "B," are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The property described in Exhibit "C" attached hereto shall be used in the manner and for the purposes provided for as approved herein. SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SE.CfIONS: 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 ($2,000.00) for each offense. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council . hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. 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 CM OF ALIEN, TEXAS, ON THE 2ND DAY OF JULY 1998. APPROVED: 'v\ Stephen Terrell, MAYOR h\» t101II 21I7.F.Yl Cg7.Y67IR ATTORNEY .t.,i Ordinance No. 1609-7-98 Page 2 Q F- m X w 1L V s`s % a z ON W N IL or J J W c U)2 °= e m y � ap (L s jt 4 9L Fg a a Q F- m X w Ordinance No. 1609-7-98 Exhibit "B" TRACT A3 USE AND AREA REGULATIONS Boundary — The following regulations shall apply to that property as identified on Exhibit A and the accompanying boundary description. In the event that the alignment of Alma Road changes, the boundary of this tract shall change accordingly. The alignment of Alma Road shall be determined at the time of platting of this property, or at the time of platting of the right-of-way for Alma Road. Development Regulations — Development shall take place in accordance with Section 3.01 (Q), "SC" Shopping Center District Regulations, of the City of Allen Comprehensive Zoning Ordinance, except as follows. 1. Nonresidential development shall be limited to 65% of the net acreage of Tract A3. 2. Use Regulations — In addition to those uses allowed in the "SC" District, the following use shall be allowed: a. Retirement Center, as defined in Section 2.10 (118) of the City of Allen Comprehensive Zoning Ordinance. 3. Retirement Center Development Regulations — Development shall take place in accordance with Section 3.01 (L) "MF -24" Multi -Family Residential District Regulations, of the City of Allen Comprehensive Zoning Ordinance, as amended, except as follows. In addition, any future amendments to the Comprehensive Zoning Ordinance with respect to retirement housing shall apply, if more restrictive than the following. a.' Age of Residents: Minimum age requirement of residents shall be 55 years of age. b. Density: The maximum number of dwelling units that may be within this Planned Development area shall be 270 dwelling units. c. Single Family Setback Requirements: Any structure shall have a minimum setback from the property line of one hundred (100) feet if the adjacent property is zoned to a single family residential district. d. Height: Buildings or structures shall not exceed a maximum of thirty (30) feet in height. Buildings or structures located less than 200' from the property line of property ' zoned single family shall have a maximum height of 2 stories. No more than 50% of the units shall be in structures taller than 2 stories. RFA PROJECT 98002 23 JUNE 98 ' e. Minimum Dwelling Unit Area: The minimum floor area of a dwelling unit shall be as follows: Efficiency Unit -400 square feet (Not to exceed 10 percent of the total number of units) 1 Bedroom Unit — 600 square feet 2 Bedroom Unit— 800 square feet The minimum average dwelling unit area shall be 600 square feet. f. Parkina: A minimum of one (1) parking space shall be provided for each two (2) dwelling units. Staff parking shall be provided for at a minimum ratio of one (1) for each day staff member. Additionally, a minimum of 20 spaces shall be provided for guest parking. g. Washer/Dryer Connections: Washers and dryers will be provided in centrally located facilities as well as connections in all dwelling units except efficiencies. h. Signage: Project identity and directional shall be of monument/ground mounted type only. L Refuse Pickup: A centrally located trash pickup facility will be provided. ' j. Amenities: The following amenities shall be provided as part of the Complex for the Elderly: A minimum of two (2) meals per day Paid utilities except telephone and cable Central dining rooms Monitored emergency call -light system Fully equipped kitchen in each unit Activity Director & Recreational facilities Scheduled transportation (Provided by Facility Management) Planned activities and social services Controlled vehicle and pedestrian gates Weekly housekeeping services k. Third Party Nursing: A location within the Complex for the Elderly shall be provided for a third party provider for nursing care. I. Sprinkler System (Fire): A 100% automatic sprinkler system shall be required for all portions of the building(s). ' m. Access to Dwelling Units: All dwelling units shall have their primary access from a central corridor located completely within the building. RFA PROJECT 98002 23 JUNE 98 n. Building Concent: The basic architectural plan concept shall be one that creates ' wings protruding from a central spine such that courtyards are created between the wings. Simple rectangular buildings, except free standing "cottages" are prohibited. C RFA PROJECT 98002 23 JUNE 98 9726802991 • JUM�24-98 11:93 AM RICHARD.FERRARRA.ARCH 9726002991 P.02 ' TRACT A3 SITUATED in Collie -County, Texas, in the J.W. Parsons Survey, Abstract No. 705 and being described as follows: BEGINNING at the intersection of the centerline of proposed Ridgeview Drive and the centerline of the Alma Road extension; THENCE in a southeasterly direction along the centerline of the Alma Road extension 1900 feet to a point for corner; THENCE South 89°1141' West 2232.47 feet to an iron pin in the center of a north - south rock road for a corner; THENCE North 1°03'38" West 619.11 feet; THENCE North 1"04'19" West 290.89 feet to a point for corner, said point being the centerline of the proposed Ridgeview Drive; THENCE northeasterly along the centerline of the proposed Ridgeview Drive 780 feet to the POINT OF BEGINNING containing 31.97 acres more or less. Ordinance No. 1609-7-98 Exhibit "C" 98002 RFA. Inc 24JUNE 98