R-2906-4-10RESOLUTION NO. 2906-4-IO(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE FIRST AMENDMENT TO DECLARATION
OF AGE RESTRICTIONS FOR THE ASPENS AT TWIN CREEKS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 2843-6-09 ("the Ordinance"), the City Council of the City of Allen
approved an amendment to the Allen Land Development Code zoning regulations with respect to a 22.036
acre tract of land located in Tract 11 of Planned Development No. 54 (PD -54) to allow said property to be
used and developed in accordance with "MF -18" Multi -Family District zoning regulations, subject to certain
additional conditions and restrictions set forth in the Ordinance; and,
WHEREAS, Section 2.E. of the Ordinance requires the execution of a deed restriction approved by the City
Attorney with respect to the property described in the Ordinance limiting said property to residential use by
persons 55 years of age or older consistent with the Federal Fair Housing Act and other applicable law; and,
WHEREAS, that certain Declaration of Age Restrictions, ("the Declaration') dated and effective lune 2,
2009, and recorded as Instrument No. 20090708000855780 in the Official Public Records of Collin County,
Texas, was approved by the City Attorney and signed by the property owners in accordance with Section 2.E.
of the Ordinance; and,
WHEREAS, subsequent to the signing and Sling of the Declaration, the developer of the property described
in the Ordinance was advised that certain provisions of the Declaration did not comply with policies of the
U.S. Department of Housing and Urban Development ("HUD") relating to certain fair housing practices with
' respect to families; and,
WHEREAS, the City Attorney has determined that the Declaration can be brought into compliance with
14UD policies by making certain amendments thereto; and,
WHEREAS, the provisions of the Declaration prohibit any amendment to the age restrictions contained in
the Declaration unless said amendment is first approved by the City Council, which approval has been
requested by the developer; and,
WHEREAS, the City Council of the City of Allen, Texas, finds that the amendment to the Declaration
proposed by the developer is consistent with the use and development restrictions required by Section 2.E. of
the Ordinance and not detrimental to the health, safety, or welfare of the citizens of the City of Allen; and,
WHEREAS, the City Council of the City of Allen, Texas, further finds it to be in the public interest to
consent to the proposed amendment to the Declaration.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to consent to and sign on behalf of the City of Allen,
Texas, the First Amendment to Declaration of Age Restrictions with The Aspens at Twin Creeks, LLC, The
Aspens at Twin Creeks — Phase 11, LLC, and Bossy Boots Holdings, Ltd, regarding the property described in
Exhibit "A," attached hereto and incorporated herein by reference, the provisions of which amendment shall
' be as set forth in Exhibit "A," hereto.
SECTION 2. This Resolution shall become effective immediately from and after its passage.
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF TIIE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27TH DAY OF APRIL, 2010.
APPROVED AS TO FORM:
Z��
Peter . Smi[h, CITY AJftORNEY
(KBL'01-21-10:4)185)
APPROVED:
StepheifTerrell, MAYOR
ATTEST:
Shelley B. George, TY SECR&rA_frr—
Resolution No. 29064-10(R), Page 2