O-3336-11-15ORDINANCE NO. 3336-11-15
' 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, AND
ADOPTING BUILDING ELEVATIONS FOR AN 8.142± ACRE PORTION OF LOT 1-
R-1, BLOCK F, BRAY CENTRAL ONE ADDITION, CITY OF ALLEN, CO1.LIN
COUNTY, TEXAS, LOCATED IN DISTRICT E OF THE TWIN CREEKS URBAN
CENTER PLANNED DEVELOPMENT PD NO. 108; 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 amending the development
regulations, adopting a Concept Plan, and adopting Building Elevations relating to the use and development
of an 8.142± acre portion of Lot 1-R-1, Block F, Bray Central One Addition, City of Allen, Collin County,
Texas (`the Property") located in District E of the Twin Creeks Urban Center Planned Development PD No.
108, and more particularly 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, 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
development regulations within District E of the Twin Creeks Urban Center Planned Development
PD No. 108 ordinance and the standards of the Allen Land Development Code ("ALDC"), except as
otherwise provided herein.
B. PERMITTED USE: Senior Independent Living shall be a permitted use on the Property in addition
to the permitted uses set forth in Table 1: Schedule of Principal Uses in Exhibit "B" to Ordinance No.
3044-10-11, as amended (`the PD -108 Ordinance").
' C. DEED RESTRICTIONS: Prior to or concurrently with the recording of a plat for the Property, the
owner of the Property shall establish a restrictive covenant on the Property by executing and
recording an instrument approved by the City Attorney pursuant to which the Property shall be
limited to residential uses by people 55 years of age or older 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. CIVIC SPACE: The requirement for providing Civic Space in relation to the development and use
of the Property set forth in Section 3.3 of the PD -108 Ordinance may be satisfied by the development
of improvements on Lot 6, Block F, Bray Central One Addition ("Lot 6") in general conformance
with the Civic Space Improvement Plan ("the Civic Space Improvements") attached hereto as Exhibit
"C," and incorporated herein by reference, but only if the owner of Lot 6 executes and records in a
form acceptable to the City Attorney an instrument ('the Civic Space Covenants") which, as a
minimum:
L Grants to the owner of the Property and its successors and assigns to the Property or any
portion thereof, along with any family members, tenants and guests, a perpetual, non-
exclusive easement to use Lot 6 for purposes consistent with the use of the Civic Space
Improvements;
2. Grants the right and perpetual obligation of the owner of the Property, either solely or in
conjunction with others (which may include, but not be limited to, the owner of Lot 6), to
construct, maintain, repair, and replace the Civic Space Improvements on Lot 6;
3. Provides for the manner in which costs for maintaining and repairing the Civic Space
Improvements will be allocated among the parties to the Civic Space Easement and
' 4. Otherwise complies with the provisions of Allen Land Development Code §8.20, as
amended.
Plat approval for the Property shall not be granted until the Civic Space Covenants have been
approved as to form by the City Attorney, signed by the owners of the Property and/or Lot 6, as
appropriate, recorded in the Real Property Records of Collin County, Texas, and are enforceable
against the Property as a restrictive covenant. No certificate of occupancy for any building on the
Property shall be granted until construction or installation of the Civic Space Improvements is
completed.
F. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "D," and incorporated herein by reference.
G. SCREENING: The screening for the Property shall be developed in general conformance with the
Concept Plan and screening detail attached hereto as Exhibit "E'; consisting of an eight foot (8.0')
metal fence with two foot (2.0') wide masonry columns along the eastern property line and an eight
foot (8.0') masonry wall on the southern property line. The screening on the southeastern property
line will consist of a combination of a detached garage structure, a trash enclosure structure, and an
eight foot (8.0') masonry wall.
H. PARKING: The Parking ratio shall be 1.46 spaces per unit.
' 1. SETBACKS: The building and accessory structures on the Property shall be set back from the
property boundaries as shown on the attached Concept Plan.
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.
Ordinance No. 3336.11.15. Page 2
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.
SECTIONS. 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 conunitted 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 1OT" DAY OF NOVEMBER 2015.
APPROVED AS TO FORM:
Peter G. Smith, YITT ATTORNEY
twn vvis rwzaJ
2i
StephenIfemil, MAYOR
ATTEST:
(Lo
Shelley B. George, TRMC, CITY SECRETARY
Ordinance No. 3336.11-15, Page 3
EXHIBIT"A"
LEGAL DESCRIPTION
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Ordinance No. 333611.15 Page 4
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EXHBIT'B"
CONCEPTPLAN
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Ordinance No. 3336.11-15, Page 5
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EXHIBIT "C"
CIVIC SPACE IMPROVEMENT PLAN
Ordinance No. 3336.11.15. Page 6
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EXHBIT "D"
Ordinance No. 3336.11.15. Page 7
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EXHIBIT "D"
BUILDING ELEVATIONS cont
Ordinance No. 3336.11-15. Page 8
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EXHIBIT "D"
BUILDING ELEVATIONS cont.
Ordinance No. 3336.11.15. Page 9
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EXHIBrr"D"
BUILDING ELEVATIONS cont.
Ordinance No. 3336-11-15, Page 10
EXHHfIT "D"
BUILDING ELEVATIONS coat.
Ordinance No. 3336.11.15, Page 11
II
II
Ordinance No. 3336.11-15. Page 12
EXHORT "D"
BUILDING ELEVATIONS cont.
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Ordinance No. 3336.11-15. Page 12
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EXHIBIT'%"
SCREENING DETAIL
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Ordinance No. 3336.11-15, Page 13