O-3566-4-18ORDINANCE NO. 3566-4-18
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
AMENDING THE DEVELOPMENT REGULATIONS OF DISTRICT C OF PLANNED
DEVELOPMENT "PD" NO. 108, AND ADOPTING A CONCEPT PLAN, BUILDING
ELEVATIONS, A STREETSCAPEXENCING/PERIMETER LANDSCAPING PLAN,
AND OPEN SPACE PLANS RELATING TO THE USE AND DEVELOPMENT OF A
55.5941 ACRE TRACT OF LAND SITUATED IN THE MICHAEL SEE SURVEY,
ABSTRACT NO. 544; 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 Zoning Map of the City of Allen,
Texas, as heretofore amended be amended by amending the development regulations of District C of Planned
Development "PD" No. 108, and adopting a Concept Plan, Building Elevations, a
Streetscape/Fencing/Perimeter Landscaping Plan, and Open Space Plans relating to the use and development
of a 55.594x acre tract of land situated in the Michael See Survey, Abstract No. 544 ('the Property") described
in "Exhibit A," attached hereto and incorporated herein by reference, subject to the use and development
regulations set forth in Section 2 of this Ordinance.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, ("ALDC") and District C of Planned Development "PD" No. 108
as set forth in Ordinance No. 3044-10-11, as amended, ("the PD 108 Ordinance") except to the extent modified
by the Development Regulations set forth below:
A. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit 'B," and incorporated herein by reference (the "Concept Plan'). Minor
modifications to streets that do not alter the general alignment shown on the Concept Plan may be made
at the time of plat approval.
B. BASE ZONING:
' (1) The portion of the Property designated as "Residential Area" as shown on the Concept Plan
('the Residential Area") shall he developed in accordance with the development standards of
the Single Family "R-6" Zoning District except as modified by the PD 108 Ordinance and this
Ordinance; provided, however, the permitted uses for the Residential Area shall be as set forth
in Section 2.E of this ordinance.
(2) The portion of the Property designated as "Commercial Area" as shown on the Concept Plan
("the Commercial Area") shall be developed in accordance with the development standards of
the Office "O" Zoning District except as modified by the PD 108 Ordinance and this Ordinance;
provided, however, the permitted uses for the Commercial Area shall be as set forth in the PD
108 Ordinance as modified by Section 2.D. of this ordinance.
C. BUILDING ELEVATIONS:
(1) Residential buildings to be constructed on the Property shall be developed in general
conformance with the materials and architectural style set forth on the Residential Building
Elevations attached hereto as Exhibit "C," and incorporated herein by reference (the
"Residential Elevations"), and shall be further subject to the following:
(a) The building materials on all sides of all elevations shall be 100% masonry except for
doors, windows, and decorative railings. Cementitious Fiberboard siding may be used
for architectural features located above the roof line.
(b) Garage doors on all front -entry products shall be constructed of wood.
(2) Commercial buildings to be constructed on the Property shall be developed in general
conformance with the materials and architectural style set forth on the Commercial Building
Elevations attached hereto as Exhibit "D" and incorporated herein by reference (the
' "Commercial Elevations").
D. PERMITTED USES (COMMERCIAL AREA): In addition to the uses permitted within District C
of Planned Development "PD" No. 108, the Commercial Area may be used and developed for the
following uses:
(1) Permitted by right:
(a) Book, Card, or Novelty Shops
(b) Clinic, Medical
(c) Dance & Martial Arts Studio (Less than 5,000 sq. ft.)
(d) Drug Store or Pharmacy (Less than 10,000 sq. ft.)
(e) Fitness and Health center (Less than 10,000 sq. ft.)
(t) Florist
(g) Gymnastics and Sports Training Facility (Less than 10,000 sq. ft.)
(h) Laundry/Dry Cleaning, Pick -Up Only
' (i) Medical or Dental office
0) Restaurant (No Drive -In or Through)
(k) Retail Store
Ordinance No. 3566-418, Page 2
(2) Permitted following approval of a Specific Use Permit:
' Beer and Wine Package Sales with Greater than 50% Revenue from Beer & Wine
E. PERMITTED USES (RESIDENTIAL AREA): The Residential Area shall be developed and used
only for Senior Independent Living use for people fifty-five (55) years of age or older consistent with
the Federal Fair Housing Act and other applicable law.
1
DEED RESTRICTION: The Residential Area shall be deed restricted pursuant to an instrument
approved by the City Attorney pursuant to which use of the Residential Area of the Property shall he
limited to residential use by persons 55 years or older consistent with the Federal Fair Housing Act and
other applicable law. Said deed restriction shall be recorded in the Real Property of Records of Collin
County prior to approval of the Final Plat for any portion of the Residential Area of Property; provided,
however, the Director of Community Development shall have the authority to allow recording of said
deed restriction to occur concurrently with the recording of the initial final plat for all or any portion of
the Residential Area if a signed original in recordable form is delivered to the City prior to approval of
said final plat.
G. LOT DESIGN CRITERIA AND BUILDING SETBACKS (RESIDENTIAL AREA): The
minimum lot dimensions and building setbacks for the lot types in the Residential Area shown on the
Concept Plan shall be modified as follows:
Front Yard Setback
15 feet; Notwithstanding Section 6.2.3.1.a
of Exhibit B of the PD 108 Ordinance, the
front of the porch shall not be closer than 10
feet to the sidewalk; provided, however,
porches can extend beyond the front yard
setback line by not more than 5 feet
Side Yard Setback
5 feet
Minimum Lot Width
60 feet; may be reduced to not less than 55
feet on elbow and cul-de-sac lots at the
front build line as measured in a straight
line from a point where the front building
line crosses the side property lines
Maximum Percentage Lot Cover
75%
H. GARAGE SETBACK: Garages shall be setback not less than 20 feet from the street right-of-way to
face of the structure). The front elevation of the garage must also be set back from the front elevation
of the primary building fagade by not less than 5 feet.
I. ALLEYS: Alleys shall not be required to be dedicated or constructed within the Residential Area.
J. FRONT PORCHES: Notwithstanding Section 6.2.3.1 of Exhibit B of the PD 108 Ordinance, the
required percentage of front porches integrated into the building design on dwelling units shall be not
less than 20%.
K. SCREENING:
(1) Prior to issuance of any building permit for any building on the Commercial Area, screening
' shall he constructed and/or installed along the boundaries between the Commercial Area and
Residential Area in general conformance with the Conceptual Streetscape/Fencing/Perlmeter
Landscaping Plan attached hereto as Exhibit "E" (`the Landscaping Plan'), and incorporated
herein by reference.
Ordinance No. 35664-18, Page 3
(2) Prior to issuance of any building permit for any dwelling unit within the Residential Area,
screening shall be constructed and/or installed along the boundaries of the Property adjacent to
' the Residential Area in general conformance with the Landscaping Plan; provided, however,
the Director of Community Development may authorize issuance of building permits for
dwelling units that will be used solely as model homes and sales office with no person residing
ovemight.
L. CIVIC SPACE: All civic spaces and open spaces shall be developed on the Property in general
conformance with the Landscaping Plan and the Open Space Exhibit attached hereto as Exhibit "F,"
and incorporated herein by reference (`the Open Space Exhibit'). Development of the two (2) civic
spaces, including installation of all required landscaping and other improvements and amenities shown
on the Landscaping Plan and Open Space Exhibit must be completed prior to issuance of more than
50% of the building permits for construction of dwelling units on lots within the Residential Area.
M. STREET TREES: Root barriers shall be installed along all street paving, sidewalks, and utility lines
at the time of planting for street trees to be located within the street right-of-way in the Residential
Area.
N. CLUSTER MAILBOXES: Cluster mailboxes are to be located as shown on the Concept Plan;
provided, however, final locations may be adjusted in accordance with final direction and approval of
the United States Postal Service.
O. SHARED PARKING AGREEMENT: The Commercial Area must be developed with no less than
225 unreserved off-street parking spaces as shown on the Concept Plan. A shared parking agreement
granting a perpetual mutual parking and access easement for the benefit of all owners, tenants, and
' customers of buildings constructed on the Commercial Area must be approved as to form by the City
Attomey, signed in recordable form, and recorded in the Real Property Records of Collin County prior
to the approval of a final plat for any portion of the Commercial Area; provided, however, the Director
of Community Development shall have the authority to allow recording of said shared parking
agreement to occur concurrently with the recording of the initial final plat for all or any portion of the
Commercial Area if a signed original in recordable form is delivered to the City prior to approval of
said final plat. The Director of Community Development may approve a reduction in the required
minimum parking as shown on the Concept Plan and further detailed in the recorded Shared Parking
Agreement The reduction in the required minimum parking shall be as shown on the Site Plan and the
Shared Parking Agreement to be filed.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen goveming 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.
Ordinance No. 3566.4.18, Page 4
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 24o DAY OF APRIL 2018.
APPROVED AS TO FORM:
Peter i� City Attorney
( 1411111898120)
APPROVED:
Stephen rrell, ayor
ATTEST:
Shelley B. Cite
Ordinance No. 3566.418. Page 5
EXHIBIT"A"
DESCRIPTION OF PROPERTY
tBEING a tract of land situated in the MICHAEL SEE SURVEY, ABSTRACT NO. 544, City of
Allen, Collin County, Texas and being all of that tract of land conveyed in Deed to JBGL Exchange
LLC, according to the document tiled of record in Document Number 20140205000109090,
Official Public Records, Collin County, Texas, and being more particularly described as follows:
BEGINNING at an "X" cut found in the south line of Bossy Boas Drive, a variable width right.
of -way, for the most northerly northeast corner of said JBGL Exchange LLC tract, same being
common with the northwest coma of Lot 1, Block A TWIN CREEKS BUSINESS CENTER,
PHASE 1, an Addition to the City of Allen, according to the Plat filed of record in Document
Number 20100512010000920, Official Public records, Collin County, Texas;
THENCE S 01" 18' 30" E, leaving said south line and with the east line of said JBGL Exchange
LLC tract, same being common with the west line of said Lot 1, a distance of 683.16 feel to a 1/2
inch iron rod found for an iirterior of comer of said JBGL Exchange LLC tract, same being
common with the southwest comer of said Lot 1;
THENCE N 88° 41'30" E, with the south line of said Lot 1, a distance of 784.79 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "DAA" set in the west line of Waters Road, a 110'
right-of-way, for the most easterly northeast comer of said JBGL Exchange LLC tract, saris being
common with the southeast corner of said Lot 1;
THENCE S 0P IS' S1" E, with said west line, same being common with the east line of said
' JBGL Exchange LLC tract, a distance of 1,119.85 feet to a 1/2 inch hon rod with a yellow plastic
cap stamped "DAA" set at the intersection of said west line and the north line of Exchange
Parkway, a variable width right-of-way, for the southeast comer of said JBGL Exchange LLC
tract;
THENCE With said north line, same being common with the south line of said JBGL Exchange
LLC tram, the following courses and distances:
S 89° 47 36" W, a distance of 180.02 feet 1. a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer,
S 86° OY 32" W, a distance of 145.20 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer;
Ordinance No. 3566-411 Page 6
EXHIBIT "A"
DESCRIPTION OF PROPERTY cont.
' S 99" 44' 56" W, a distance of 834.66 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer;
S 89° 4742" W, a distance of 422.77 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer;
N 860 15'32" W, a distance of 145.31 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer;
S 890 4T 42" W, a distance of 134.03 fee to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for the south end of a comer clip, from which a 1/2 inch iron rod with
a yellow plastic cap stamped "DAA" found beats N 410 06' 37" W, 2.20 feet;
THENCE N 450 38 18" W, with said comer clip, a distance of 57.06 fee to a 1/2 inch iron rod
with a yellow plastic cap stamped "DAA" set in the east line of Bray Central Drive, a variable
width right-of-way, same being common with the west line of the above mentioned 313GL
Exchange LLC tract, for the north end of said comer clip, from which a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" found bears S 150 28'48" E, 0.44 feet;
THENCE With said common line, the following courses and distances:
N Olo 04'41" W, a distance of 73.22 feet to a 1/2 inch iron rod with a yellow plastic cap
' stamped "DAA" found for comer at the beginning of a curve to the right, having a central
angle of 350 13' Ol", a radius of 955.00 fee and a chord bearing and distance of N 160 31'
49" E, 577 79 feet;
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With said curve to the right, an we distance of 586.99 feel to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer, from which a 1/2 inch hon rod found
bears N 220 02' 20" W, 0.25 feet, same being at the beginning a reverse curve to the left,
having a central angle of 45" 50' 04", a radius of 1,045.00 feel and a chord bearing and
distance of 11° 13' IS" E, 813.85 feet;
With said curve to the left, an are distance of 835.96 feel to a 1/2 inch hon rod with a
yellow plastic cap stamped "DAA" set for comer m the beginning of a non -tangent curve
to the right, having a central angle of 320 52' 03", a radius of 148.00 feet and a chord
bearing and distance of N 130 08'52" E, 83.74 feet;
THENCE With said curve to the right, an are distance of 84.90 fee to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer at the beginning of a compound curve to the
Ordinance No. 3566.418, Page 7
EXHIBIT "A"
DESCRIPTION OF PROPERTY cont.
' right, having a central angle of 19° 16' 13", a radius of238.00 feet and a chord bearing and distance
of N 39° 12' 57" E, 79.67 feet;
THENCE With sand curve to the right, an are, distance of 80.05 feet be a 1/2 inch von rod with a
yellow plastic cap stamped "DAA" set for comer,
THENCE N 48° 51103" E, a distance of 14.59 feet to a 1/2 inch von rod with a yellow plastic cap
stamped "DAA" set for corner in the above mentioned south line of Bossy Boots Drive, same
being common with the north line of the above mentioned JBOL Exchange LLC tract;
THENCE With said common line, the following courses and distances:
N 69° 00' 36" E, a distance of 130.13 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer, from which a 1/2 inch von rod stamped "PACHECO"
found bears S 68 15' 41" W, 1.10 feet, same being A the beginning of a curve to the left,
having a central angle of 09° 04' 06", a radius of 399.98 feet and a chord bearing and
distance of N 64° 28 33" E, 63.24 feet;
With said curve to the left, an arc distance of 63.31 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "DAA" set for comer, from which a 1/2 inch iron rod stamped
"PACHECO" found bears 8 70° 49' 53" W, 1.05 feet, same being at the beginning of a
reverse curve to the right, having a central angle of 09° 04' 06", a radius of 400.05 feet and
a chord bearing and distance of N 64° 28 33" E, 63.25 feet;
With said curve to the right, an are distance of 63.32 feel to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer, from which a 1/2 inch iron rod stamped
"CORW IN" found be. S 70° 40' 20" W, 1.14 feet;
N 69° 00'36" E, a distance of 20.12 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set for comer, from which a 1/2 inch iron rod stamped "CORWIN" found
bears S 73" 22' 06" W, 0.17 feet, same being at the beginning of curve to the right, having
a central angle of 19° 38' 36", a radius of 955.00 feet and a chord bearing and distance of
N 78° 53'22- E, 325.81 feet;
With said curve to the right, an me distance of 327.41 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" set for comer;
N 88° 42'39" E, a distance of 100.35 feel tothe POINT OF BEGINNING, and containing
55.594 acres of land, more or less.
Ordinance No. 3566.4-18, Page 8
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EXHIBIT "B"
CONCEPTPLAN
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EXHIBIT "C"
RESIDENTIAL ELEVATIONS
Ordinance No. 3566.418, Page 11
EXHIBIT "C"
RESIDENTIAL ELEVATIONS cont.
Ordinance No. 3566-4-18, Page 12
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EXHIBIT "C"
RESIDENTIAL ELEVATIONS cont.
Ordinance No. 3566-418, Page 13
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EXHIBIT "C"
RESIDENTIAL ELEVATIONS cont.
Ordinance No. 3566.4.18, Page 14
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RESIDENTIAL ELEVATIONS cont.
Ordinance No. 35664-18, Page 15
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Ordinance No. 3566-41& Page 16
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EXHIBIT"D"
COMMERCIAL ELEVATIONS
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Ordinance No. 3566.418, Page 18
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Ordinance No. 3566.418, Page 20
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EXHIBIT "E"
LANDSCAPEPLAN
Ordinance No. 3566-4-15, Page 21
EXHIBIT "E"
LANDSCAPE PLAN cont.
Ordinance No. 3566.41& Page 22
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Ordinance No. 3566.4.18, Page 23
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Ordinance No. 3566.418, Page 25
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Ordinance No. 3566-415, Page 26
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Ordinance No. 35664-18, Page 27
EXHIBIT "F"
OPEN SPACE PLAN
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