O-3201-1-14ORDINANCE NO. 3201-1-14
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
PLANNED DEVELOPMENT NO. 46 TO ALLOW THE PROPERTY DESCRIBED AS
LOT 3B -R, BLOCK A, DEER CREST ADDITION, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, TO BE DEVELOPED AND USED FOR AN ASSISTED LIVING
AND 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 amending the development and
use regulations of Planned Development No. 46 to allow the property described as: Lot 3B -R, Block A, beer
Crest Addition, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded
as Instrument No. 20060119010000100, Official Public Records, Collin County, Texas ("the Property") to be
developed and used for an Assisted Living and 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
development regulations of Planned Development PD No. 46 and the Community Facilities "CF'
zoning regulations of the Allen Land Development Code, except as otherwise provided herein.
B. PERMITTED USES: The Property shall be used and developed only for uses permitted in the
Community Facilities "CF' zoning district; provided, however, the Property may additionally be
developed for Assisted Living and Senior Independent Living uses.
C. REGULATIONS FOR ASSISTED LIVING AND SENIOR INDEPENDENT LIVING USES: If
' developed and used for Assisted Living and/or Senior Independent Living Uses, the Property shall be
developed subject to the following regulations:
(1) CONCEPT PLAN: The Property shall be developed in general conformance with the
Concept Plan attached hereto as Exhibit "A" and incorporated herein by reference. Minor
modifications to the location of streets that do not alter the general alignment shown on the
Concept Plan may be made at the time of Site Plan approval.
' (2) BUILDING ELEVATIONS: The buildings to be constructed on the Property shall be
designed and constructed in general conformance with the Building Elevations attached
hereto as Exhibit "B" and incorporated herein by reference.
(3) FRONT YARD SETBACK: The minimum front yard setback shall be 25 feet as shown on
the attached Concept Plan.
(4) REAR YARD SETBACK: The minimum rear yard setback shall be 25 feet as shown on the
attached Concept Plan.
(5) BUILDING MATERIALS: The exterior building materials for the senior independent
living cottage units, as shown on the attached Concept Plan, shall be 75% masonry at a
minimum.
(6) SCREENING: The screening for the Property shall consist of an eight foot (8') masonry
wall along the southern property line and an eight foot (8') wrought iron fence with masonry
columns and landscaping along the eastern and northern property lines, attached hereto as
Exhibit "C" and incorporated herein by reference.
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.
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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 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. 3201-1-14, Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 14T" DAY OF JANUARY, 2014.
APPROVED AS TO FORM:
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Peter G. Smith, CITY ATT Y
(kbl'1014MIW)
APPROVED:
.AP"4j;v —
Stephen Terrell, MAYOR
ATTEST:
Shel ey b. Gem e, 4C, C SECRETARY
Ordinance No. 3201-1-14, Page 3
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EXHBIT "A"
CONCEPT PLAN (Enlarged View)
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Ordinance No. 3201-1-14, Page 5
EXHIBIT "B"
' BUILDING ELEVATIONS
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Ordinance No. 3201-1-14. Page 6
EXHIBIT "B"
' BUILDING ELEVATIONS (continued)
Independent Living Cottages
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BUILDING ELEVATIONS (continued)
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EXHIBIT °B"
BUILDING ELEVATIONS (continued)
Independent Living Cottages
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EXHIBIT "C"
SCREENING EXHIBIT
' Screening along Eastern and Northern Property Lines
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Ordinance No. 3201-1.14, Page 10
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