O-3205-1-14ORDINANCE NO. 3205-1-14
' 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 CHANGING THE ZONING OF
A 3.755± PORTION OF LOT 59, BLOCK 11, OF THE WALDEN PARK ESTATES
ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS FROM LOCAL RETAIL
"LR" TO PLANNED DEVELOPMENT NO. 115 WITH A BASE ZONING OF
COMMUNITY FACILITIES "CF"; 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 changing the zoning of a 3.755±
portion of Lot 59, Block 11, Walden Park Estates Addition, City of Allen, Collin County, according to the
plat thereof recorded in Volume 8 Page 54, Official Public Records, Collin County, Texas (`the Property"),
described in Exhibit "A," attached hereto and incorporated herein, from Local Retail "LR" to Planned
Development No. 115 with a base zoning of Community Facilities "CF" zoning.
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 Properly shall be developed and used only in accordance with the
development regulations of the Community Facilities "CF" wining regulations of the Allen Lard
Development Code ("ALDC"), except as otherwise provided herein.
B. PEB.MITTED USES. Notwithstanding Section 4.20.2 of the ALDC, as amended, the Property shall
be developed and used only for an Assisted Living/Memory Care Facility.
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. 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.
D. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "C," attached hereto and incorporated herein by
' reference.
E. STREET IMPROVEMENTS: No certificate of occupancy shall be issued for any building
constructed on the Property until the segment of High Meadow Drive between Greenville Avenue to
Green Valley Lane highlighted on the attached Concept Plan has been reconstructed to replace the
existing asphalt pavement with concrete pavement and accepted by City's Director of Engineering or
designee for the City.
F. SCREENING: The screening for the Property shall consist of an eight foot (8') wrought iron fence
with masonry columns and located as shown on the Concept Plan. No certificate of occupancy shall
be issued for any building constructed on the Property until the City's Building Official and Director
of Community Development have determined the screening fence described in the Paragraph F is
substantially complete in conformance with the fence permit issued by the City's Community
Development Department, applicable provisions of the Allen Land Development Code, and this
Ordinance.
G. PARKING: The parking ratio for the minimum required number of parking spaces shall be 0.83
spaces per dwelling unit.
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 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. 3205-1-14, Page 2
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C
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 28" DAY OF JANUARY, 2014.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
(kbl:1/15/14:64373)
APPROVED:
Stephen TeVell, MAYOR
ATTEST:
Shelley B. Gebfge, CITY SECRETARY
Ordinance No. 3205-1-14. Page 3
' EXHIBIT "A"
LEGAL DESCRIPTIO
BEING situated in the Lewis Wetsel Survey, Abstract Number 978, Collin County,
Texas and being a portion of Lot 59, Block 11, Walden Park Estates, an addition
to the City of Allen, Collin County, Texas according to the plat thereof recorded
In Volume 8, Page 54, Plat Records, Collin County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod found at the northeast comer of said Lot 59,
said iron rod also being in the south right-of-way line of High Meadow Drive (60'
Right -of -Way) and being in the west line of a 16 feet wide alley;
THENCE South 01 degrees 12 minutes 31 seconds East, 48.60 feet along the
east line of said Lot 59 and said west line of the alley to a 1/2 inch iron rod
found;
THENCE South 18 degrees 24 minutes 32 seconds West, 531.38 feet, continuing
along said east line of Lot 59 and said west line of the alley to an "X" cut found
at the southeast corner of said Lot 59, said "X" cut also being In the north line of
' a 16 feet wide alley;
THENCE South 89 degrees 07 minutes 41 seconds West, 30.69 feet along the
south line of said Lot 59 and said north line of the alley to a 1/2 inch iron rod
with cap stamped "ROOME" found at the beginning of a curve to the right;
THENCE 141.80 feet, continuing along said south line of Lot 59 and said north
line of the alley and with said curve to the right, having a radius of 425.56 feet,
through a central angle of 19 degrees 05 minutes 31 seconds, whose long chord
bears North 81 degrees 26 minutes 55 seconds West, 141.15 feet tD a 1/2 inch
iron rod with cap stamped "ROOME" found;
THENCE North 71 degrees 58 minutes 12 seconds West, 124.72 feet, continuing
along said south line of Lot 59 and said north line of the alley to a broken
concrete monument found at the southeast comer of that certain tract of land
described by deed to the State of Texas recorded In Volume 4580, Page 1209,
Deed Records, Collin County, Texas;
THENCE North 18 degrees 27 minutes 33 seconds East, 528.88 feet along the
east line of said State tract to a 5/8 inch iron rod with cap stamped
"REALSEARCH" set at the northeast comer of said State tract, said iron rod also
Ordinance No. 3205.1.14, Page 4
EXHIBIT "A" cont.
L being in the north line of said Lot 59 and in said south right-of-way line of High
Meadow Drive and being the beginning of a non -tangent curve to the left;
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THENCE 93.65 feet along said north line of Lot 59 and said south right-of-way
line of High Meadow Drive and with said non -tangent curve to the left, having a
radius of 338.00 feet, through a central angle of 15 degrees 52 minutes 29
seconds, whose long chord bears South 83 degrees 02 minutes 36 seconds East,
93.35 feet to a 1/2 inch Iron rod with cap stamped "ROOME" found;
THENCE North 89 degrees 02 minutes 08 seconds East, 195.56 feet, continuing
along said north line of Lot 59 and said south right-of-way line of High Meadow
Drive to the POINT OF BEGINNING and containing 163,583 square feet or 3.755
acres of land, more or less.
Ordinance No. 3205.1.14. Page 5
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EXHIBIT
m_rPLA.
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o _. No. 3205.1-14 Page 6
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EXHIBIT "C"
BUILDING ELEVATIONS (Building 1)
ASSISTED LIVING FACILITY- BVILDING 1
ALLENJUAS FAOMr/WBTHWAWN
ASS=D LIVING FACILITY- BUILDING 1
AUM. YEW 1ST/NOIITHWEHENOATIM
ASSISTED LIVING FACILITY- BUILDING 1
A1EN,TEXAS REM/FAST FI tVATION
ASSISTED LINING FACILITY - BUILDING 1
ALLEN, TEXAS RIGHT/90MSIDE MRAT"N
Ordinance No. 3205.1.14. Page 7
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EXHIBIT "C"
BUILDING ELEVATIONS (Building 2)
ASSISTED LIVING FACILITY- BUILDING2
ALLDI,TOFAS FRONT/WESTEIEVAIWN
A5515TED LIVING FACILITY - 81ALDING 2
ALLM TOFAS RMT/SO rmam E"AmoN
A5515TED LIVING FACILITY - BUILDING 2
ALLM TVA PA" / W E"Al M
ASSISTED LIVING FACILITY-BUILDING2
ALLEN, TEAS LEFT/ NORTH ADE ELEVATION
Ordinance No. 3205-1-14, Page 8
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EXHIBIT "C"
BUILDING ELEVATIONS (Building 3)
ASSISTED LIVING FACILITY- BUILDINGS
AUM, TOW FPDW/W0TE"ATKM
ASSISTED LIVING FACILITY- BUILDING 3
AUZKTVW lErr/noimiNMMMTM
ASSISTED LIVING FACILITY- BUILDINGS
AH -M, TEW -- MAn/ FA MEVAMM
ASSISTED LIVING FACILITY- BUILDING 3
ALLEN, TFAA5 RKM/10UTHWED"ATr
Ordinance No. 3205-1-14, Page 9