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Home My WebLink AboutO-2843-6-09ORDINANCE NO. 2843-6-09 AN ORDINANCE OF THE CITY COUNCH, 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 FROM "IT" INDUSTRIAL TECHNOLOGY TO "MF -I8" MULTI -FAMILY FOR A PORTION OF TRACT 11 OF PLANNED DEVELOPMENT NO. 54, AS HERETOFORE AMENDED, FOR 22.036 ACRES IN THIN CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING FOR A CONCEPT PLAN, BUILDING ELEVATIONS, PROVIDING FOR A SCREENING PLAN ATTACHED HERETO AS EXHIBITS "B," "C," and "D" RESPECTIVELY, PROVIDING FOR A REPEALING 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, be amended by granting a change in zoning from "IT" Industrial Technology to "MF -18" Multi -family for a portion of Tract 11 of Planned Development No. 54, Ordinance No. 1172-5-93, as heretofore amended, for 22.036 acres in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, and being further described in Exhibit "A" attached hereto. SECTION 2. The Property shall be developed and used only in accordance with the following Development Regulations: A. Base Zonine District: The portion of Tract I1 included in this PD Amendment shall be developed and used only in accordance with the MF -18 Multi -family District zoning regulations of the Allen Land Development Code contained within Planned Development 54, except as otherwise provided herein. B. Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit `B," and which is hereby approved. IC. Building Elevations: The Property shall be developed and used only in accordance with the Building Elevations attached hereto as Exhibit "C." D. Screenine Plan: The Property shall be developed and used only in accordance with the Screening Plan attached hereto as Exhibit "D." ' E. Deed Restriction; The property shall be deed restricted pursuant to an instrument approved by the City Attorney pursuant to which use of the property shall be limited to residential use by persons 55 years or older consistent with the Federal Fair Housing Act and other applicable law. Such deed restriction shall be recorded the earlier of prior to the approval of the first plat for the property or portion of the property and the issuance of the first building permit. F. Maximum Heiebt: Three stories not to exceed fifty-five (55) feet to the top of roof. G. Front Yard Set -back: Minimum of twenty-five (25) feet from the property line adjacent to the front street The front yard line is also referred to as the "building line". IL Side Yard Set -back: Minimum side set -back of ten (10) feet. I. Rear Yard Set -back: Minimum rear yard set -back often (10) feet. J. Residential Parkin: 1.5 spaces per unit 5% of the total required parking spaces shall be marked handicap. Covered and Garage parking is included in the required parking calculations. Garages: The primary use of all garages shall be for the storage of automobiles. Rules and regulations of the development will not permit the usage of garages for the primary storage of items or vehicles other than automobiles. Covered parking: Covered parking spaces shall be available to all residents until a covered space is reserved by a resident. At the time a covered parking space is reserved, a sign will be posted in front of the reserved covered parking space indicating that the space is reserved. K. Roof Slone: Minimum of 5:12 roof slope. Accent roofs may have a 2:12 roof slope. L. Screenine and Fencine Reeulations: Screening and fencing shall be in accordance with the Perimeter Screening Plan included in the Concept Plan. The east -west tree line on the northern property boundary shall be protected by a separate restrictive covenant. M. Use: The property shall be restricted to residential use by persons 55 years or older consistent with the Federal Fair Housing Act and other applicable law. SECTION 3. The above-described tract of land shall be used only in the manner and for the purpose provided for by the Allen Land Development Code, Zoning Regulations, as heretofore amended, and subject to the aforementioned development regulations. SECTION 4. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall 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. SECTION 5. 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. Ordinance No. 2843-6-09, Page 2 SECTION & 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 7. 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. 1 SECTION 8. 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 23RD DAY OF JUNE, 2009. APPROVED: Stephen Terrell, Mayor APPROVED AS TO FORM: ATTEST: fc P er G. Sm' , City A lorney Shelley B. Geo ity Secretary (36832) Ordinance No. 2843-609, Page 3 EXIHBIT "A" ' LEGAL DESCRIPTION 22.036 ACRE TRACT Part of Lot 1, Block C, Bray Central One Part of a Vacation Plat of Lots 1, 2, 3 & 4, Block A and Lots 1 & 2, Block B, Bray Central One and Part of Bray Central Drive & Benton Drive Catherine Parsons Survey, Abstract No. 711 City of Allen, Collin County, Texas DESCRIPTION, of a 22.036 acre tract of land situated in the Catherine Parsons Survey, Abstract No. 711, Collin County, Texas; said tract being part of Lot 1, Block C, Bray Central One, an addition to the City of Allen, Texas according to the plat recorded in Cabinet G, Slide 120 of the Plat Records of Collin County, Texas; part of a Vacation Plat of Lots 1, 2, 3 & 4, Block A and Lots 1 & 2, Block B, Bray Central One, an addition to the City of Allen, Texas according to the plat recorded in Cabinet K, Slide 804 of said Plat Records; all of that certain portion of Bray Central Drive abandoned by the plat of Bray Central Drive & Benton Drive, an addition to the City of Allen, Texas recorded in Cabinet N, Slide 110 of said Plat Records and part of that certain tract of land described as Tract I 1 in Special Warranty Deed to Bossy Boots Holdings, Ltd. recorded in Volume 5398, Page 6447 of the Deed Records of Collin County, Texas; said 22.036 acre tract being more particularly described as follows (bearing system for this survey based on a bearing of South 39 degrees, 18 minutes, 43 seconds West for the northwest right-of-way line of Watters Road according to the first referenced plat of Bray Central One): ' BEGINNING, at a point for comer (nothing found or set) at the intersection of the said northwest line of Watters Road (a 110 -foot wide right-of-way) and the northeast right-of-way line of Bray Central Drive (a variable width right-of-way, 110 feet wide at this point); said point being the southernmost comer of said Tract 11; THENCE, along the said northeast line of Bray Central Drive and the southwest line of said Tract 11, the following four (4) calls: North 50 degrees, 41 minutes, 21 seconds West, a distance of 224.79 feet to a 3 -inch aluminum disk stamped "RPLS 5686" (in concrete) found at an angle point; North 55 degrees, 53 minutes, 01 seconds West, a distance of 110.45 feet to a 3 -inch aluminum disk stamped "RPLS 5686" (in concrete) found at an angle point; North 50 degrees, 41 minutes, 21 seconds West, a distance of 131.72 feet to a 5/8 -inch iron rod with "CARTER & BURGESS" cap found at the beginning of a tangent curve to the right; In a northwesterly direction, along said curve to the right, having a central angle of 19 degrees, 44 minutes, 57 seconds, a radius of 2,376.00 feet, a chord bearing and distance of North 40 degrees, 48 minutes, 53 seconds West, 814.93 feet, an arc distance of 818.97 feet to a point for comer (nothing found or set); said point being in the approximate centerline of an un -named creek; THENCE, departing the said northeast line of Bray Central Drive and the said southwest line of Tract I 1 and ' along the said approximate creek centerline, the following three (3) calls: Ordinance No. 2843-6-09, Page 4 North 47 degrees, 03 minutes, 13 seconds East, a distance of 66.81 feet to a an angle point (nothing found or set); ' North 58 degrees, 48 minutes, 14 seconds East, a distance of 93.29 feet to an angle point (nothing found or set); North 35 degrees, 47 minutes, 58 seconds East, a distance of 18.86 feet to a point for comer (nothing found or set) in the north terminus of that said portion of old Bray Central Drive abandoned by the said plat recorded in Cabinet N, Slide 110; THENCE, North 89 degrees, 41 minutes, 04 seconds East, departing the said approximate creek centerline and along the said north terminus of old Bray Central Drive and the north line of the said Lot 1, a distance of 1431.64 feet to a 1/2 -inch iron rod with "NELSON CORP' cap found for comer in the west line of said Watters Road and the east line of said tract 11; said point being the northeast comer of said Lot 1; THENCE, along the said west and northwest lines of Watters Road, the said east line of Tract 1 I and the southeast line of said Tract 11, the following three (3) calls: South 00 degrees, 41 minutes, 17 seconds East, a distance of 0.36 feet to a point (nothing found or set) at the beginning of a tangent curve to the right; In a southwesterly direction, along said curve to the right, having a central angle of 40 degrees, 00 minutes, 00 seconds, a radius of 545.00 feet, a chord bearing and distance of South 19 degrees, 18 minutes, 43 seconds West, 372.80 feet, an arc distance of 380.48 feet to a 1/2 -inch iron rod found at the end of said curve; ' South 39 degrees, 18 minutes, 43 seconds West, a distance of 865.18 feet to the POINT OF BEGINNING; 1 CONTAINING, 959,884 square feet or 22.036 acres of land, more or less. 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