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Home My WebLink AboutO-3176-9-13ORDINANCE NO. 3176-9-13 ' 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 AMENDING THE ZONING OF LOT 3R AND 4, PARK VIEW ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM SHOPPING CENTER "SC" TO PLANNED DEVELOPMENT "PD" NO. 113 FOR MULTI-FAMLY RESIDENTIAL. "ME -18" LIMITED TO SENIOR INDEPENDENT LIVING USE; 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 granting a change in zoning for Lots 3R and 4, Park View Addition, an Addition to the City of Allen, Texas ("the Property") from Shopping Center "SC" to a Planned Development "PD" for Multi -family Residential "MF -18" limited to Senior Independent Living use. 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 Multi -Family Residential "MF -18" zoning district except as otherwise provided in this Ordinance. B. Permitted Use: The Property shall be developed and used only for Senior Independent Living use for people fifty-five (55) years of age or older. C. Concept Plan: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit `B" and incorporated herein by reference. ' D. Building Elevations: Residential buildings constructed on the Property shall generally conform to the Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference. E. Screening: The screening for the Property shall consist of an eight foot (8') masonry wall along the northern, western and southeastern property lines; as shown on the Concept Plan. ' The screening along the southwestern property line (along Cottonwood Creek) shall consist of an eight foot (8') wrought iron fence; as shown on the Concept Plan. F. Deed Restrictions: The Site Plan for the Properly shall not be approved until the owner of the Property has signed and recorded in the Real Property Records of Collin County, Texas, a restrictive covenant in a form approved by the City Attorney restricting use of the Property to residential uses by people fifty-five (55) years of age or older to the extent such restriction is consistent with the Federal Fair Housing Act and other applicable law. G. Maximum Height: The maximum building height shall be three stories, but in no case exceeding a height of forty-five feet (45') from the base of the building slab to the top of the roof. H. Construction of Hike and Bike Trail; Floodplain Encroachment: Prior to issuance of a certificate of occupancy for any building on the Property, the hike and bike trail shown on the Concept Plan ("the Trail") shall be constructed in accordance with plans and specifications approved by the Director of Engineering. Prior to commencing construction of any improvements on the Property, a floodplain development permit must be obtained pursuant to Article 5 of the ALDC with respect to development of the Trail and those portions which must encroach into the 100 -year floodplain in order to connect to the City's existing hike and bike trail on the north and south side of the Property or which otherwise encroach into the 100 -year floodplain. The application for the foregoing floodplan development permit must be accompanied by a study prepared by a professional engineer licensed in the State of Texas ' indicating that during a storm event any encroachment of the Trail into the 100 -year floodplain will not result in (i) a loss in valley storage within the floodplain area, (ii) a rise in the Water Surface Elevation ("WSEL') within the floodplain area, or (iii) an increase in velocity of surface water flowing into or through the floodplain area. 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, m 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. Ordinance No. 3176-9-13, Page 2 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24rn DAY OF SEPTEMBER, 2013. APPROVED AS TO FORM: Peter G. Smith, C1ffY ATTORNEY obi 91INU 62310) APPRO D: Stephen Terrell, MAYOR ATTEST: Shelley B. Georg&TIkMC, CITY •f 7�'. y. .R. Ordinance No. 31769-13, Page 3 EXIIIBIT "A" LEGAL DESCRIPTION BEING a tract of land located in the DAVID WETSEL SURVEY, ABSTRACT NO. 977, in the City of Allen, Collin County, Texas and being all of Lots 3R and 4 of Parkview Addition. Lot 2R, Lot 3R and Lot 4.8n Addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Cabinet K, Slide 708, Map Records, Collin County, Texas and being more particularly described as follows. BEGINNING at an *X1 set in wncrete paving in the Easterly right-of-way line of State Highway No. 5 (Greenville Avenue), a vanaNe width right -Of -way, at the Northwest comer of said Lot 4, said point being in the South line of Lot 1 of Parkview Addition, an Addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Cabinet G, Slide 624, Map Records, Collin County, Texas. THENCE, South 59 degrees 15 minutes 59 seconds East. along the common tine of said Lot 4 and said Lot 1, a distance of 69.13 feet to a X inch iron rod with a yellow plastic cap stamped %DW found for comer, THENCE South 86 degrees 43 minutes 42 seconds East, continuing along said connmon One, a distance of 141.61 feet to a 36 inch iron rod with a yellow plastic cap stamped'RPLS 2617' found at the Southeast comer of said Lot 1; THENCE South 86 degrees 38 minutes 43 seconds East, passing at a distance of 20.00 feet a M inch lion rod with a red plastic cap stamped -RPLS 5674' set at the most Northerly Northeast comer of said Lot 4 and the Northwest comer of said Lot 3R, and continuing for a total distance of 314.96 feet to a % inch iron rod with a yellow plastic cap stamped'NDM' found in the West One of a tract of land described in Deed to Noma Jo Daniel Johnson, recorded in Volume 1939, Page 296, Deed Records, Collin County, Texas at the Northeast comer of said Lm 3R; THENCE South 03 degrees 22 minutes 28 semnds West, along said west One, passing at a distance of 411.39 feet a h inch iron rod with a yellow plastic cop stamped'RPLS 2517' found at the Southeast comer of ' said Lot 3R and the most Southerly Northeast comer of said Lot 4, and continuing for a total distance of 479.83 feet to a X inch Iron rod with a red plastic cap stamped'RPLS 5674' sal at the Southeast comer of Lot 4 and the Souttnvest comer of said Johnson tract, said point also being the most Northerly comer of Victoria Garden, an Addi inn to the Cay of Allen, Collin County, Texas according to the Plat thereof recorded in Cabinet M, SOOe 1, Map Records, Collin County, Texas; THENCE South 70 degrees 38 minutes 37 seconds West along the common line of said Lot 4 and said Victoria Garden, a distance of 353.91 feel to a X inch iron rad found at the South comer of said Lot 4 and the West comer of said Mclona Garden, said point being the Southeast comer of Floodway Right -of -Way Tract One of the Parkview addition. an Addition to the Cay of Allen, Collin County. Texas according to the Plat thereof recorded in Cabinet G, Slide 768, Map Records, Collin County, Texas and the Northeast comer of Floodway Right -of -Way Tract Two of the Parkview Addition, an Addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Cabinet G, Slide 741, Map Records, Collin County, Texas; THENCE Northwesterly, along the common line of said Lot 4 and said Floodway Right -of -Way Tract One, the following Mur (4) courses and distances - North 28 degrees 25 minutes 26 sounds West, a distance of 88.55 feel to a X inch iron rod (bent) found forcomer, Norah 23 degrees 09 minutes 19 seconds West, a distance of 200.43 feel to a'A inch iron rod with a red plastic cap stamped'RPLS 5674' set for comer, North 25 dog rew 58 minutes 49 seconds West, a distance of 128.54 feet to a A inch iron rod with a red plastic up stamped'RPLS 5674" $0 for comer - North 62 degrees 35 minutes 29 seconds West, a distance of 100.12 feel to a A inch iron rod with a red plastic cop stamped'RPLS 5674' set for wmer in said Easterly right-of-way line of State Highway No. 5; ' THENCE North 25 degrees 19 minutes 52 seconds East, along said Easterly dgM-of-way line, a distance of 257.91 feel to the POINT OF BEGINNING and containing 277,208 square feet or 6.384 acres of lard, more or leas. 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