O-3607-9-18 ORDINANCE NO.3607-9-18
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 PLANNED DEVELOPMENT
"PD" NO. 108 MIXED USE "MIX" AND ADOPTING A CONCEPT PLAN AND
BUILDING ELEVATIONS ON 2.393± ACRES LOCATED IN THE JOHN FYKE
SURVEY, ABSTRACT NO. 325; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR 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, the City Council has concluded that the Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be further amended as follows.
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 amended,be further amended by amending the development regulations of Planned Development"PD"
No. 108 Mixed-Use "MIX", with respect to the use and development of 2.393± acres located in the John Fyke
Survey, Abstract No. 325 ("the Property") described in "Exhibit A," attached hereto and incorporated herein by
reference as set forth in Section 2 of this Ordinance.
SECTION 2. The Property shall be developed and used only in accordance with the applicable provisions of
the Allen Land Development Code, as amended ("ALDC") and Planned Development "PD" No. 108 as set
forth in Ordinance No. 3044-10-11, as amended, and in Ordinance No. 3094-7-12, as amended (collectively
"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/driveways that do not alter the general alignment shown on the Concept Plan
may be made at the time of Site Plan approval.
B. SETBACKS: The Property shall be developed in general conformance with the setbacks shown on
the Concept Plan.
C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
materials and architectural style set forth on the Building Elevations attached hereto as Exhibit"C."
D. PERMITTED USES: In addition to the uses permitted within District H of Planned Development
"PD"No. 108,the Property may be used and developed for the following uses:
(1) Medical or dental office
(2) Personal service business
E. LANDSCAPING: A landscape plan shall be submitted and approved concurrently with the application
for the site plan relating to the development of the Property. In addition to the minimum landscaping
requirements set forth in ALDC Section 7.05,the landscape plan shall provide:
(1) an additional 300 square feet of landscaping at each of Drives A,B,and C;
(2) no more than 25% of the landscaping in the landscape buffers shall be turf grass;
(3) no more than 30%of the landscaping in the landscape buffers shall be a non-vegetative material
and;
(4) installation of pavestone crosswalks and pavestone paths, sidewalk, and ramp as illustrated on
the Concept Plan.
F. DRIVEWAY THROAT DEPTHS: The minimum driveway throat depth on all driveways shall be as
indicated on the Concept Plan.
G. STREET IMPROVEMENTS: The construction of the right-hand turn lane on Exchange Parkway
and any equipment reconfiguration as a result of the trail connections at the northeast corner of
Exchange Parkway and Bossy Boots Drive shall be constructed as shown on the Concept Plan and
completed prior to issuance of the Certificate of Occupancy for any building constructed on the
Property.
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,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, 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 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 of the
caption in accordance with the provisions of the Charter of the City of Allen,and it is accordingly so ordained.
I
Ordinance No. 3607-9-18,Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
I COUNTY,TEXAS,ON THIS THE 11TH DAY OF SEPTEMBER 2018.
AP ROVED:
0
Steph Terrell,Mayor
APPROVED AS TO FORM: ATTEST:
(-?e --4
Peter G.Smith, ity AttorneyShe ey B. ge, City Secretary
(kbl:8/28/18 102230)
I
I
Ordinance No. 3607-9-18,Page 3
EXHIBIT"A"
DESCRIPTION OF PROPERTY
DESCRIPTION, of a 2.393 acre tract of land situated in the John Fyke Survey, Abstract No. 325,
Collin County, Texas; said tract being part of that certain tract of land described in Special
Warranty Deed to Twin Creeks Business Park, Inc. recorded in Instrument No.
20120731000930950 of the Official Public Records of Collin County, Texas; said 2.393 acre
tract being more particularly described as follows:
BEGINNING, at a"+" cut in concrete set for corner at the intersection of the northwest right-of-
way line of Exchange Parkway (a variable width right-of-way) and the northeast right-of-way
line of Bossy Boots Drive (an 80-foot wide right-of-way); said point being the southernmost
corner of said Twin Creeks tract and the beginning of a non-tangent curve to the left;
THENCE, along the said northeast line of Bossy Boots Drive and the southwest line of said
Twin Creeks tract, the following two (2) calls:
Along said curve to the left, having a central angle of 03 degrees, 22 minutes, 27 seconds,
a radius of 2,040.00 feet, a chord bearing and distance of North 31 degrees, 16 minutes,
47 seconds West, 120.12 feet, an arc distance of 120.14 feet to a 1/2-inch iron rod with
"PACHECO KOCH" cap set at the end of said curve;
North 32 degrees, 58 minutes, 01 seconds West, a distance of 73.76 feet to a 1/2-inch iron
rod with "PACHECO KOCH" cap set for corner; said point being at the southernmost
end of a right-of-way corner clip at the intersection of the said northeast line of Bossy
Boots Drive and the southeast right-of-way line of Webster Drive (a 50-foot wide right-
of-way);
THENCE, North 13 degrees, 37 minutes, 39 seconds East, departing the said northeast line of
Bossy Boots Drive and the said southwest line of the Twin Creeks tract and along the said corner
clip, a distance of 34.48 feet to a 1/2-inch iron rod with "PACHECO KOCH" cap set for corner
in the said southeast line of Webster Drive; said point being at the northernmost end of said
corner clip;
THENCE, departing the said corner clip and along the said southeast line of Webster Drive, the
following two (2) calls:
North 60 degrees, 13 minutes, 34 seconds East, a distance of 279.54 feet to a 1/2-inch
iron rod with "PACHECO KOCH" cap set at the beginning of a tangent curve to the left;
Along said curve to the left, having a central angle of 32 degrees, 11 minutes, 06 seconds,
a radius of 325.00 feet, a chord bearing and distance of North 44 degrees, 08 minutes,
111 01 seconds East, 180.17 feet, an arc distance of 182.56 feet to a 1/2-inch iron rod with
Ordinance No. 3607-9-18,Page 4
"PACHECO KOCH" cap set for corner; said point being the westernmost corner of
Lot 1, Block D, Bossy Boots Addition, an addition to the City of Allen, Texas according
to the plat recorded in Cabinet 2013, Slide 39 of the Plat Records of Collin County,
Texas;
THENCE, South 29 degrees, 35 minutes, 34 seconds East, departing the said southeast line of
Webster Drive and along the southwest line of said Lot 1, a distance of249.20 feet to a 1/2-inch
iron rod with "PACHECO KOCH" cap set for corner in the said northwest line of Exchange
Parkway; said point being the southernmost corner of said Lot 1;
THENCE, along the said northwest line of Exchange Parkway,the following three (3)calls:
South 60 degrees, 24 minutes, 26 seconds West, a distance of 84.68 feet to a 1/2-inch iron
rod with "PACHECO KOCH" cap set for corner; said point being an angle point in the
said northwest line of Exchange Parkway;
South 29 degrees, 35 minutes, 34 seconds East, along an offset in the said northwest line
of Exchange Parkway, a distance of 21.00 feet to a "+" cut in concrete set for corner in
the southeast line of said Twin Creeks tract; said point being an angle point in the said
northwest line of Exchange Parkway;
South 60 degrees, 24 minutes, 26 seconds West, departing the said offset in the northwest
line of Exchange Parkway and along the said southeast line of the Twin Creeks tract, a
distance of 383.55 feet to the POINT OF BEGINNING;
CONTAINING, 104,253 square feet or 2.393 acres of land,more or less.
Ordinance No. 3607-9-18,Page 5
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