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HomeMy WebLinkAboutO-3814-4-21 ORDINANCE NO. 3814-4-21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF 4.998± ACRES LOCATED IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325 DESCRIBED IN EXHIBIT “A” HERETO AND LOCATED IN DISTRICT “H” OF PLANNED DEVELOPMENT “PD” NO. 108 MIXED USE “MIX,” ADOPTING ZONING EXHIBIT, CONCEPT PLAN AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR 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, the City Council has concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be further amended as follows. 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 Zoning Map of the City of Allen, Texas, as amended, be further amended by amending as set forth in Section 2 of this Ordinance the regulations relating to the use and development of 4.998± acres located in the John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas, described in “Exhibit A,” attached hereto and incorporated herein by reference (“the Property”) and located within District H of Planned Development “PD” No. 108 Mixed-Use “MIX.” SECTION 2. The Property shall be developed and used only in accordance with the applicable provisions of the Allen Land Development Code, as amended (“ALDC”) and District “H” of Planned Development “PD” No. 108 as set forth in Ordinance No. 3044-10-11 and Ordinance No. 3809-2-21 as amended (with all amendments, collectively “the PD 108 Ordinance”), except to the extent modified by the Development Regulations set forth below: A. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit “B” and incorporated herein by reference (the “Concept Plan”). Minor modifications to streets and driveways that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan approval. B. SETBACKS: The Property shall be developed in compliance with the setbacks shown on the Concept Plan. C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the architectural style and appearance set forth on the Building Elevations attached hereto as Exhibit “C.” Ordinance No. 3814-4-21, Page 2 D. PERMITTED USES: In addition to the uses permitted within District H of Planned Development “PD” No. 108, Lot 5 as identified on the Concept Plan may be developed and used as a “Senior Independent Living” use. E. SCREENING WALL ALONG NORTH PROPERTY LINE: An eight-foot (8.0’) tall masonry screening wall (the “North Wall”) shall be constructed along the northern boundary of the Property as shown on the Concept Plan subject to the following: (1) Construction of the 487.31± foot segment of the North Wall extending from the western edge of the East-West alley located on the north side of the Property to the center line of the North- South alley between Lots 21 and 22, Block G of the Quail Run Phase I Subdivision as shown on the Concept Plan (“the West Wall Segment”) shall be completed prior to commencement of construction of any vertical elements for any building constructed on Lot 5; and (2) Construction of the 540.52± foot segment of the North Wall extending from the center line of the North-South alley between Lots 21 and 22, Block G of the Quail Run Phase I Subdivision (i.e. where the West Wall Segment ends) as shown on the Concept Plan to the northeast corner of the Property (“the East Wall Segment”) shall be completed prior to the earlier of: (a) Issuance of a certificate of occupancy for any building constructed on Lot 3 or Lot 4 as shown on the Concept Plan; and (b) Issuance of a certificate of occupancy for any building constructed on Lot 5, as shown on the Concept Plan. F. PUBLIC AND PRIVATE CIVIC SPACE: The Property shall be developed in general conformance with Public Civic Space and Private Civic Space as shown on Concept Plan. (1) Public Civic Space: The Public Civic Space developed along the frontage of Bossy Boots Drive shall be open and available to use by the public and developed the following amenities: (a) Seat walls (b) Gathering Plaza with decorative paving (c) Focal feature-Fountain/ Art (d) Shade structure with seating underneath (e) Accent paving (2) Private Civic space: The Private Civic Space developed for use by the residents may include the following amenities: (a) Seating area/Art (b) Pool and Spa (c) Lounge seating and/ or Cabanas (d) Fire pit (e) Gaming areas Ordinance No. 3814-4-21, Page 3 (f) Fitness Stations (g) Shade structures with seating (h) Community Garden (i) Outdoor dining (j) Flex lawn/plaza space (k) Art (l) Trail with amenities (pocket library, shade structures, seating area, art) (3) No more than 25% of the Public Civic Space and Private Civic Space may be turf. (4) The areas designated as Public and Private Civic Spaces shall be completed prior to issuance of a certificate of occupancy for any building on Lot 5. G. NORTHERN LANDSCAPE BUFFER: The 30-foot wide landscape buffer along the northern property line shown on the Concept Plan (the “North Landscape Buffer”) shall be constructed concurrently with the development of Lots 3 and 5 in accordance with the details adopted in Ordinance No. 3809-2-21. H. RESTRICTIVE COVENANT REGARDING AGE RESTRICTIONS: Prior to the issuance of the first building permit for any building to be constructed on the portion of the Property identified on the Concept Plan as “Phase III - Lot 5, Block A”, an instrument in a form approved by the City Attorney containing a restrictive covenant restricting use of Lot 5 to residential use by persons 62 years of age or older in compliance with 42 U.S.C. §3607(b)(2)(B), 24.C.F.R. §100.303, other applicable provisions of the Federal Fair Housing Act, the Housing for Older Persons Act of 1995, and other applicable law. I. PARKING: No fewer than 1.285 off-street parking spaces per dwelling unit shall be constructed on Lot 5 in association with the Senior Independent Living use. J. GATES AND FENCING: (1) Fencing along the frontage on Bossy Boots Drive, comprised of ornamental metal fencing up to six (6) feet in height with landscaping as approved by the Director of Parks and Recreation or designee, shall be installed in accordance with the Concept Plan prior to issuance of a certificate of occupancy for any building constructed on the Property. (2) Installation of gates at the drive entrance on the west side and at the eastern parking area, as shown on the Concept Plan, is permitted. 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, 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, as amended hereby, which shall remain in full force and effect.