O-3401-7-16ORDINANCE NO. 3401-7-16
' 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
DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, LANDSCAPE
PLAN, AND ADOPTING BUILDING ELEVATIONS FOR 6.557± ACRES OF LAND
IN THE PETER WETSEL SURVEY, ABSTRACT NO. 990, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND SUBJECT
TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. S; 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 Comtnission 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 amending the development
regulations of Planned Development No. 5, and adopting a Concept Plan, Landscape Plan, and Building
Elevations relating to the use and development of the 6.557± acres of land located in the Peter Weisel Survey,
Abstract No. 990, City of Allen, Collin County, Texas ("the Property") described in Exhibit "A," attached
hereto and incorporated herein by reference.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen land Development Code ("ALDC"), 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 District MF -18 standards of the ALDC, except as otherwise provided herein.
B. PERMITTED USES: The Property shall be developed and used only for Senior Independent Living
use for people fifty-five (55) years of age or older.
C. DEED RESTRICTIONS: The Site Plan for the Property shall not be approved until the owner(s) of
the Property has signed and recorded in the Real Property Records of Collin County, Texas, a restrictive
covenant in a to= 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.
D. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B," and incorporated herein by reference. Minor modifications to streets
that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan
approval.
' E. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "C," and incorporated herein by reference.
F. LANDSCAPE PLAN: The Property shall be developed in general conformance with the Landscape
Plan attached hereto as Exhibit "D," and incorporated herein by reference.
G. OPEN SPACE EXHIBIT: The Property shall be developed in general conformance with the Open
Space Exhibit attached hereto as Exhibit "E," and incorporated herein by reference. The Property shall
be developed with not less than 1.94 acres of open space located generally as shown on the Concept
Plan.
H. BUILDING SETBACKS: The minimum building setbacks for buildings constructed on the Property
shall be as follows:
(1) Front Yard Setback: 25 feet
(2) Rear Yard Setback: 50 feet
I. LOT COVERAGE: The maximum lot coverage shall be 26%.
J. DWELLING UNITS/ACRE: The maximum dwelling units per acre shall be 14.03 units/acre.
' K. DWELLING UNIT SIZE: The minimum dwelling unit size shall be 699 square feet.
L. SCREENING: Screening on the Property shall be developed in general conformance with the Concept
Plan and shall include an eight foot (8.0') high masonry screening wall constructed on the entire
perimeter of the Property. No certificate of occupancy for any structure constructed on the Property
shall be granted until the screening wall to be constructed on the perimeter of the Property is determined
by the City's Chief Building Official to be complete and acceptable in accordance with this Ordinance
and any applicable city permits.
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 & 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 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.
Ordinance No. 3401-7-16, Page 2
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 CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12TH DAY OF JULY 2016.
APPROVED AS TO FORM:
(_
Peter G. Smith, C ATTORNEY
(kbl:6/29/16-77615)
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
VY �
Shelle B. Georg , TRMC, CITY SECRETARY
Ordinance No. 3401-7-16, Page 3
EXHH1IT "A"
'
BEING a tract of land situated Peter Wetsel Survey, Abstract
No. 990, City of Allen, Collin County, Texas, and being part of a
called 7.5609 acre tract conveyed to The Fountain Gate Partnership
as recorded in Volume 2076, Page 232, Official Public Records of
Collin County, Texas, and being more particularly described by metes
and bounds as follows:
BEGINNING at a 1/2" iron rod found for comer, said iron rod
being at the southwest corner of said called 7.5609 acre tract, said
iron rod being at the southeast comer of Lot 1, Block A, Lombard
Plaza Addition as recorded in Cabinet L, Page 424, O.P.R.C.C.T., said
iron rod being in the North Right Of Way line of F.M. No. 2170;
THENCE N 00'09'35" E following the east line of said Lombard
Plaza a distance of 375.07' to a 1/2" iron rod found for corner in
the south line of a 16' Alley as recorded in Cabinet C, Page 767,
Plat Records of Collin County, Texas;
THENCE N 89'53'00" E following the south ROW line of said
16' Alley o distance of 594.90' to a 1/2' iron rod found for comer
of the northwest comers of Lot 1, Block 1 La Petite Academy, Inc. as
recorded in Cabinet G, Page 5, P.R.C.C.T.;
THENCE S 00'13'40" W following the west line of said Lot 1 a
distance of 120.00' to a capped 1/2" iron rod found for corner,
THENCE N 89'53'00" E following the south line of said Lot 1
a distance of 221.22' to a capped 1/2" iron rod found for corner
found in the west Right Of Way line of Fountain Gate Drive (60'ROW)
in a curve to the right;
THENCE along said curve to the right following the west Right
'
Of Way line of Fountain Gate Drive through a central angle of
02'21'03", a radius of 835.59, and an arc length of 34.28', with a
chord bearing of S 09'50'23" W, and a chord length of 34.28' to a
1/2" iron rod found for corner of a reverse curve;
THENCE with a reverse curve to the left following the west
Right Of Way line of Fountain Gate Drive through a central angle of
10'40'56', a radius of 895.59', and an arc length of 166.97, with a
chord bearing of S 05'40'27" W, and a chord length of 166.73' to a
1/2" iron rod found for corner;
THENCE S 00'20'00" W following the west Right Of Way line of
Fountain Gate Drive a distance of 77.52' to a 1/2" iron rod found
for corner at the north end of a corner clip;
THENCE S 46'40'39" W following the corner clip a distance of
14.47' to a 1/2" iron rod found for corner in the north ROW line of
F.M. No. 2170;
THENCE N 86'58'43" W fallowing the north ROW line of F.M.
No. 2170 a distance of 393.95' to a 1/2" iron rod found for corner
at the beginning of a tangent curve to the left;
THENCE along said curve to the left following the north ROW
line of F.M. No. 2170 through a central angle of 02'09'00", a radius
of 5784.58, and an arc length of 217.06', with a chord bearing of
N 88'03'13" W, and a chord length of 217.05' to a point for comer;
THENCE N 89'14'55" W following the north ROW line of F.M.
No. 2170 a distance of 173.06' to the POINT OF BEGINNING and
'
containing 285,613 square feet or 6.557 acres of land.
Ordinance No. 3401-7-16, Page 4
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EXHHHT"B"
Ordinance No. 3401-7-16, Page 5
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EXHBIT "C"
BUILDING ELEVATIONS
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Ordinance Na. 3401-7-16, Page 6
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EYMIT "C"
BUILDING ELEVATIONS coot.
Ordinance No. 3401-7-16. Page 7
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EXIIBIT "C"
BUILDING ELEVATIONS cont.
Ordinance No. 3401-7-16, Page 8
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EXHIBIT "D"
LANDSCAPE PLAN
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Ordinance No. 3401-7-16. Page 9
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EXHIBIT "E"
OPEN SPACE EXHIBIT
Ordinance No. 3401-7-16, Page 10