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Home My WebLink AboutO-3100-8-12ORDINANCE NO. 3100-8-12 ' 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 CHANGING THE ZONING FOR 0.8556± ACRES IN THE JAS T. ROBERTS SURVEY, ABSTRACT NO. 777, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM SINGLE FAMILY RESIDENTIAL "R-5" TO PLANNED DEVELOPMENT "PD" NO. 110 FOR AN ASSISTED LIVING FACILITY USE; ADOPTING A CONCEPT PLAN; ADOPTING A LANDSCAPE PLAN; ADOPTING BUILDING ELEVATIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABHXFY CLAUSE; PROVIDING 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, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, 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 Zoning Map of the City of Allen, Collin County, Texas, as amended, be further amended by changing the zoning for 0.8556± acres in the Ins T. Roberts Survey, Abstract No. 777, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") from Single Family Residential "R-5" to Planned Development "PD" No. 110 for an assisted living facility use. SECTION 2. The Property shall be developed and used in accordance with the Community Facilities "CF" zoning district regulations as set forth in the Allen Land Development Cade, as amended, except as follows: A. Permitted Uses: The only use permitted on the Property shall be an Assisted Living Facility use. B. Buildine Setbacks: The minimum building setbacks for the Property are as follows: (1) Front Yard: 25 feet (2) Side Yard: 15 feet (3) Rear Yard: 15 feet ' 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. Landscape Plan: The Property shall be developed in general conformance with the Landscape Plan attached hereto as Exhibit "C" and incorporated herein by reference. ' E. Buildine Elevations: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "D" and incorporated herein by reference. F. Landscape Buffer: A landscape buffer as identified on the Concept Plan and Landscape Plan shall be provided along the northern boundary of the Property. G. Screening: Screening for the Property as identified on the Concept Plan and Landscape Plan shall consist of the following: (1) An eight (8) foot masonry wall along the eastern boundary of the Property; (2) An eight (8) foot masonry wall, with landscape screen and architectural accents on the northern face of the masonry wall, located at the northern boundary of the Property; immediately south of the landscape buffer; and (3) A combination of an eight (8) foot masonry wall and eight (8) foot wrought von fence, with landscape screen, along the western boundary of the Property. H. Medical Waste Removal: At no time shall any medical waste he placed into any dumpster or other container located on the exterior of any building or structure on the Property. All used needles and biohazardous material shall beplaced in a designated medical waste recepticle located inside the facility in a controlled -access area until transported off of the ' Property for final disposal in accordance with applicable state and federal regulations relating the transporation and disposal of such waste. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, 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. 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 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 of the caption 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 14T"DAY OF AUGUST, 2012. Ordinance No. 3100-8-12, Page 2 n APPROVED: Stephen Terrell, Mayor APPROVED AS TO FORM: ATTEST: Peter G. Smith, Citf Attorney Shelley B. George, C, City tary Ordinance No. 3100-5-12, Page 3 EXHIBITP LEGAL DESCRIPTION DESCRIPTION STATE OF TEXAS COUNTY OF COL✓" 9EJNG eJI that tract of fond In the City of Allen, Carlin County, Texas, out of the J.T. Roberts Survey, A-777, and befny aft of that aaifed 0.8556 ocres of rand deaarlbed in a dead to Sfdvdn Sa HerNefd as recorded In Valame 6075, Page 539f of the Land Racords of CoHln County, Texas, and Wry further described os folfowsr BEGfNNING at a 5/8 inch *feet red found capped "RPLS 5587" on the North fine of e. Exchange Pdrkwdy, of the Southeast of oafd 0.8555 acres, and of the North ... f comer of that Caffad 0.t952 acres of fond dasorfhsd In a deed fo the Cffy of Allan as recarded 1n Volume 5504, Page 2634 of the Land Records of Caf1Jn County, Texas; THENCE South 89 degrees 55 minufee 23 .eco nds Woof. 152-72 feet along the North lino of sold E- Exchange Parkway to a 1/2 Inch atoat rad found a1 the SQuthweat camar of acrd 0 6556 ewer, gf the Northwest corner of sold 0.1952 acnes, at the Southeast comer of that catted 0.4544 acres of fond described In a deed to raHh Apoatoffe Church as recorded under CC# 20 1 202230 0 0709870 of the Offfodal Public Recordz of C.J1tn County, Texas, and of the ' Northeast corner of that called 0.0044 acre. of fond doscrfbod in a dead to the City of Alien as recorded in /arum* 5292. Pogo 7445 of the Land Records of Collin County, Texas: THENCE North 00 degrees 0J minutes Ota second& East, 245.99 feat to a 1/2 Inch efeei rod found at the Norlhweet corner of said 0.85,90 acres. of the North ... f corner off sold 0.4344 core., and on the South frno of ..at if, Block E of Ten Oaks. Phase Throe as recorded In Volume h', Page 988 of the Mat Records of Ceftin County, Texas; F THENCE North 89 degrees 38 mrnufe. 14 seconds East, 152.66 feet to a 5/8 Inch steel rod found copped "RPLS 5587" at the Norfheaef corner of said 0.8556 acres. at MOO Northwasf corner of Bard 0.822 acres. and on the South line of Vineyard Drive: THENCE Soufh 00 degrees- 03 minutes 03 seconds Wost (BearYng 8osls}, 24.4.80 feet along the Fart rrne of sold 0.8556 ocras to the POINT OF 3Eowurho. conkarning 0-857 acres of fond. Ordinance No. 3100-8-12, Page 4 IE I 1 II EXIIIBIT "B" CONCEPTPLAN ;, svxaz'xarry syvxt { tGt nn i.>vx.USflv'A3AxfL5-SIL3901AV�d3Ds f)C1'3 ��t)�� ®I 1 D-11'ONIAI"I (IIISISSd V1114NdX3ltl 0 a � m b i� 11 I i s8 J• i11 t /may I I PL Pv v'' z Q a ` J r. w a j �- - - o 0 d Ordinance No. 3100-8-12, Page 5 I EXHIBIT "C" LANDSCAPE PLAN ON JJYWS9V'A3AVM-S123 AV&1N 3k1�FU1C1O 011'JNIA11 G SISSV V12IQNVX3IV � a f`II" " p h gig III I aQ Ordinance No. 3100-512, Page 6 EXMIT "D" S3IVIOOSSV '9 A-13AI-1 NH❑r k Ordinance No. 3100-5-12, Page 7 U J J I EXHIBIT"D" BUILDING ELEVATIONS coat. Ordinance No. 3100-8-12, Page 8