O-3176-9-13ORDINANCE NO. 3176-9-13
' 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
LOT 3R AND 4, PARK VIEW ADDITION, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM SHOPPING CENTER "SC"
TO PLANNED DEVELOPMENT "PD" NO. 113 FOR MULTI-FAMLY RESIDENTIAL.
"ME -18" LIMITED TO 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 granting a change in zoning for
Lots 3R and 4, Park View Addition, an Addition to the City of Allen, Texas ("the Property") from Shopping
Center "SC" to a Planned Development "PD" for Multi -family Residential "MF -18" limited to 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
Multi -Family Residential "MF -18" zoning district except as otherwise provided in this
Ordinance.
B. Permitted Use: The Property shall be developed and used only for Senior Independent
Living use for people fifty-five (55) years of age or older.
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.
' D. Building Elevations: Residential buildings constructed on the Property shall generally
conform to the Building Elevations attached hereto as Exhibit "C" and incorporated herein by
reference.
E. Screening: The screening for the Property shall consist of an eight foot (8') masonry wall
along the northern, western and southeastern property lines; as shown on the Concept Plan.
' The screening along the southwestern property line (along Cottonwood Creek) shall consist
of an eight foot (8') wrought iron fence; as shown on the Concept Plan.
F. Deed Restrictions: The Site Plan for the Properly shall not be approved until the owner of
the Property has signed and recorded in the Real Property Records of Collin County, Texas, a
restrictive covenant in a form 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.
G. Maximum Height: The maximum building height shall be three stories, but in no case
exceeding a height of forty-five feet (45') from the base of the building slab to the top of the
roof.
H. Construction of Hike and Bike Trail; Floodplain Encroachment: Prior to issuance of a
certificate of occupancy for any building on the Property, the hike and bike trail shown on the
Concept Plan ("the Trail") shall be constructed in accordance with plans and specifications
approved by the Director of Engineering. Prior to commencing construction of any
improvements on the Property, a floodplain development permit must be obtained pursuant to
Article 5 of the ALDC with respect to development of the Trail and those portions which
must encroach into the 100 -year floodplain in order to connect to the City's existing hike and
bike trail on the north and south side of the Property or which otherwise encroach into the
100 -year floodplain. The application for the foregoing floodplan development permit must
be accompanied by a study prepared by a professional engineer licensed in the State of Texas
' indicating that during a storm event any encroachment of the Trail into the 100 -year
floodplain will not result in (i) a loss in valley storage within the floodplain area, (ii) a rise in
the Water Surface Elevation ("WSEL') within the floodplain area, or (iii) an increase in
velocity of surface water flowing into or through the floodplain area.
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, m 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. 3176-9-13, Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 24rn DAY OF SEPTEMBER, 2013.
APPROVED AS TO FORM:
Peter G. Smith, C1ffY ATTORNEY
obi 91INU 62310)
APPRO D:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg&TIkMC, CITY •f 7�'. y. .R.
Ordinance No. 31769-13, Page 3
EXIIIBIT "A"
LEGAL DESCRIPTION
BEING a tract of land located in the DAVID WETSEL SURVEY, ABSTRACT NO. 977, in the City of Allen,
Collin County, Texas and being all of Lots 3R and 4 of Parkview Addition. Lot 2R, Lot 3R and Lot 4.8n
Addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Cabinet K, Slide
708, Map Records, Collin County, Texas and being more particularly described as follows.
BEGINNING at an *X1 set in wncrete paving in the Easterly right-of-way line of State Highway No. 5
(Greenville Avenue), a vanaNe width right -Of -way, at the Northwest comer of said Lot 4, said point being in
the South line of Lot 1 of Parkview Addition, an Addition to the City of Allen, Collin County, Texas according to
the Plat thereof recorded in Cabinet G, Slide 624, Map Records, Collin County, Texas.
THENCE, South 59 degrees 15 minutes 59 seconds East. along the common tine of said Lot 4 and said Lot 1,
a distance of 69.13 feet to a X inch iron rod with a yellow plastic cap stamped %DW found for comer,
THENCE South 86 degrees 43 minutes 42 seconds East, continuing along said connmon One, a distance of
141.61 feet to a 36 inch iron rod with a yellow plastic cap stamped'RPLS 2617' found at the Southeast comer
of said Lot 1;
THENCE South 86 degrees 38 minutes 43 seconds East, passing at a distance of 20.00 feet a M inch lion
rod with a red plastic cap stamped -RPLS 5674' set at the most Northerly Northeast comer of said Lot 4 and
the Northwest comer of said Lot 3R, and continuing for a total distance of 314.96 feet to a % inch iron rod with
a yellow plastic cap stamped'NDM' found in the West One of a tract of land described in Deed to Noma Jo
Daniel Johnson, recorded in Volume 1939, Page 296, Deed Records, Collin County, Texas at the Northeast
comer of said Lm 3R;
THENCE South 03 degrees 22 minutes 28 semnds West, along said west One, passing at a distance of
411.39 feet a h inch iron rod with a yellow plastic cop stamped'RPLS 2517' found at the Southeast comer of
'
said Lot 3R and the most Southerly Northeast comer of said Lot 4, and continuing for a total distance of
479.83 feet to a X inch Iron rod with a red plastic cap stamped'RPLS 5674' sal at the Southeast comer of
Lot 4 and the Souttnvest comer of said Johnson tract, said point also being the most Northerly comer of
Victoria Garden, an Addi inn to the Cay of Allen, Collin County, Texas according to the Plat thereof recorded
in Cabinet M, SOOe 1, Map Records, Collin County, Texas;
THENCE South 70 degrees 38 minutes 37 seconds West along the common line of said Lot 4 and said
Victoria Garden, a distance of 353.91 feel to a X inch iron rad found at the South comer of said Lot 4 and the
West comer of said Mclona Garden, said point being the Southeast comer of Floodway Right -of -Way Tract
One of the Parkview addition. an Addition to the Cay of Allen, Collin County. Texas according to the Plat
thereof recorded in Cabinet G, Slide 768, Map Records, Collin County, Texas and the Northeast comer of
Floodway Right -of -Way Tract Two of the Parkview Addition, an Addition to the City of Allen, Collin County,
Texas according to the Plat thereof recorded in Cabinet G, Slide 741, Map Records, Collin County, Texas;
THENCE Northwesterly, along the common line of said Lot 4 and said Floodway Right -of -Way Tract One, the
following Mur (4) courses and distances -
North 28 degrees 25 minutes 26 sounds West, a distance of 88.55 feel to a X inch iron rod (bent) found
forcomer,
Norah 23 degrees 09 minutes 19 seconds West, a distance of 200.43 feel to a'A inch iron rod with a red
plastic cap stamped'RPLS 5674' set for comer,
North 25 dog rew 58 minutes 49 seconds West, a distance of 128.54 feet to a A inch iron rod with a red
plastic up stamped'RPLS 5674" $0 for comer -
North 62 degrees 35 minutes 29 seconds West, a distance of 100.12 feel to a A inch iron rod with a red
plastic cop stamped'RPLS 5674' set for wmer in said Easterly right-of-way line of State Highway No. 5;
' THENCE North 25 degrees 19 minutes 52 seconds East, along said Easterly dgM-of-way line, a distance of
257.91 feel to the POINT OF BEGINNING and containing 277,208 square feet or 6.384 acres of lard, more or
leas.
Ordinance No. 31769-13, Page 4
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EXHIBIT `B„
CONCEPTPLAN
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Ordinance No. 3176-9-13, Page 5
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EXHIBIT "C"
BUILDING ELEVATIONS
Ordinance No. 3176.9.13 Page 6
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