O-3435-11-16ORDINANCE NO. 3435-11-16
' 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, RELATING TO THE USE AND
DEVELOPMENT OF A 19.4817± ACRE TRACT OF LAND OUT OF THE HENRY
WETSEL SURVEY, ABSTRACT NO. 1026 AND A PORTION OF LOT 2A, BLOCK B,
THE VILLAGE AT ALLEN DESCRIBED IN EXHIBIT "A" HERETO AND
PRESENTLY ZONED PLANNED DEVELOPMENT "PD" NO. 73 FOR SHOPPING
CENTER "SC" BY CHANGING THE BASE ZONING TO SINGLE-FAMILY
RESIDENTIAL "R-7" AND ADOPTING DEVELOPMENT REGULATIONS, A
CONCEPT PLAN, OPEN SPACE EXHIBIT, 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 Conunission 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 amending in accordance with
Section Two, below, the development and use regulations of Planned Development No. 73 Shopping Center
"SC" relating to the development and use of the 19.4817± acre tract of land described in Exhibit "A," attached
hereto and incorporated herein by reference ("the Property").
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended ("ALDC'), except to the extent modified as follows:
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the
Single Family Residential "R-7" standards of the ALDC, except as otherwise provided herein.
B. 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.
C. SCREENING:
' (1) Screening shall be constructed and/or installed along the boundaries of the Property in general
conformance with the Concept Plan. No building permit shall be issued until the fence permit
has been issued and construction of the screening wall has commenced. No final inspection
will be conducted until the Director of Community Development or designee has determined
that construction and installation of all required screening has been completed.
(2) The screening wall located along the eastern and southern boundaries of the subject Property
on the effective date of this ordinance will remain and not be demolished, but may be repaired
as necessary. Notwithstanding the foregoing to the contrary, a 50 -foot portion of the existing
screening wall located on the eastern boundary of the Property may be removed in order to
accommodate modifications to be made to an existing box culvert in accordance with plans
approved by the City Engineer; provided, however, the removed section shall be reconstructed
with materials and installation techniques substantially similar to the remaining portions of the
existing wall, such replacement to be completed not later than ninety (90) days after completion
and acceptance by the City Engineer of the work on the box culvert but, in any case, prior to
issuance of any final inspections for buildings constructed on the Property.
(3) The existing trees located along the eastern and southern boundaries of the Property will remain
and may not be removed. Diseased and dying trees, or trees destroyed by windstorm or other
natural causes, are not required to be replaced.
D. BUILDING ELEVATIONS:
' (1) The residential units constructed on the Property shall be developed in general conformance
with the materials (both in style and mix) and architectural style set forth in the Building
Elevations attached hereto as Exhibit "C," and incorporated herein by reference.
(2) Residential units with the same building elevation shall not be constructed more frequently
than every fourth (4') lot on the same side of the street (i.e. same elevations must be constructed
on lots separated by at least three lots with different elevations).
(3) Garage doors shall be of carriage hardware design.
(4) Driveways shall be washed, exposed aggregate.
(5) Any windows on a second floor of the rear elevation of Lots Ithrough 18, Block E, must be
one or both of the following:
(a) Transom windows; and/or
(b) Opaque Glass
E. LOT DESIGN CRITERIA: The lot design criteria for the Property shall be as follows:
(1) Minimum Lot Depth: Ninety (90) feet; provided, however, the minimum lot depth of Lots 1,
7, and 13, Block B, and Lots 1 and 7, Block C, shall be as shown on the Concept Plan.
' (2) Minimum Lot Area: 4,275 square feet
(3) Minimum Dwelling Unit Size: 1,550 square feet (excluding floor area of garage)
(4) Maximum Lot Covemee: 65%
Ordinance No. 3435-11-16, Page 2
F. BUILDING SETBACKS: The minimum building setbacks for buildings constructed on the Property
shall be as follows:
(1) Front Yard Setback: 10 feet
(2) Comer Lot Side Yard Setback: 5 feet
(3) Garage Setback: 20 feet (to face of the structure)
G. SIDEWALKS: In accordance with ALDC Section 8.05.5.1, sidewalks shall be constructed or
reconstructed along Andrews Parkway, the completion of which shall occur prior to the issuance of the
fust building permit for any residential dwelling unit to be constructed on the Property. A sidewalk will
not be required along the southern side of Street D.
H. DRAINAGE: Lot to lot drainage is prohibited.
I. CLUSTER MAILBOXES: Cluster mailboxes are to be provided as shown on the Concept Plan
subject to United States Postal Service (USPS) approval.
J. NO PARKING: No on -street parking is allowed along Street A except where designated parallel or
head -in parking is provided, within the fire lane and access easement along Lots 1-6, Block E, or
anywhere that parking is otherwise prohibited by the Fire Marshal. The parking restriction will be
marked by curb striping.
K. OFF STREET IMPROVEMENTS: The developer shall improve Andrews Parkway for pedestrian
crossing.
L. STREET A: Street A shall be 28 -ft wide (as measured from back -of -curb), and as shown on the
Concept Plan.
M. OPEN SPACE: The open space shown must be developed in general conformance with the Open
Space Plan attached hereto as Exhibit "D," and incorporated herein by reference.
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, fur 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. 3435-11-16, Page 3
' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8TH DAY OF NOVEMBER 2016.
I
APPROVED:
11 ;,OIN 4
APPROVED AS TO FORM: ATTEST:
Peter 4P,. Smith, CM AT ORNEY ShVreyB.e, TRMC, CITY SECRETARY
�6 (kbl MUM 81034)
Ordinance No. 343511-16. Page 4
EXHIBIT "A"
DESCRIPTION OF PROPERTY
Being a 19.4817 acre tract of land situated in the Henry Wetsel Survey Abstract No. 1026, in the City of Allen,
Collin County, Texas and being a portion of Lot 2A, Block B of The Village at Allen, an addition to the City
of Allen, Texas according to the plat thereof recorded in Volume 2009, Page 78 of the Plat Records of Collin
County, Texas, and a portion of that certain tract of land described in a deed to The Village at Allen LP, recorded
in Instrument Number 20070305000304230, Official Public Records, Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a 1/2 inch iron rod set for the northeast comer of Lot 3, Block A, Allen Station Business Park,
Phase IH, an addition to the City of Allen, Texas according to the plat thereof recorded in Volume 2011, Page
260 of the Plat Records of Collin County, Texas, and being an interior corner of said Lot 2A, Block B
THENCE S 88° 06'22" E, crossing said Lot 2A, Block B, a distance of 194.70 feet to a 5/8 inch iron rod found
with plastic cap stamped "BDD" for comer;
THENCE N 66° 01'42" E, crossing said Lot 2A, Block B, a distance of 245.62 feet to a 5/8 inch von rod set
for comer;
THENCE N 570 24'23" E, crossing said Lot 2A, Block B, a distance of 224.05 feet to a 1/2 inch iron rod set
for comer;
THENCE N 210 49' 28" E, crossing said Lot 2A, Block B, a distance of 74.89 feet to a 1/2 inch iron rod set for
' corner;
THENCE N 02° 1 P 09" W, crossing said Lot 2A, Block B, a distance of 97.49 feet to a 1/2 inch iron rod set
for comer;
THENCE N 09° 22' 37" W, crossing said Lot 2A, Block B, a distance of 64.34 feet to a 1/2 inch iron rod set
for comer;
THENCE N 00° 05' 17" E, crossing said Lot 2A, Block B, a distance of 105.70 feet to a 1/2 inch iron rod set
for comer, said point being in the north line of said Lot 2A, Block B, and being in the south right-of-way line
of Andrews Parkway (a Variable width right-of-way);
THENCE N 88° 00' 00" E, along the north line of said Lot 2A, Block B, and the south right-of-way line of said
Andrews Parkway, a distance of 306.13 feet to a 5/8 inch iron rod found with plastic cap stamped `BDD" for
comer, said point being the beginning of a curve to the right having a radius of 238.50 feet, a delta angle of 10°
34'59";
THENCE along the north line of said Lot 2A, Block B, and the south right-of-way line of said Allen Station
Parkway, and along said curve to the right an are distance of 44.05 feet, a chord bearing and distance of S 860
42'32" E, 43.99 feet to a 5/8 inch iron rod found with plastic cap stamped "BDD" for corner, said point being
the begriming of a curve to the left having a radius of 261.50 feet, a delta angle of 150 48' 13";
THENCE along the north line of said Lot 2A, Block B, and the south right-of-way line of said Allen Station
Parkway, and along said curve to the left, an aro distance of 72.13 feet, a chord bearing and distance of S 890
' 19' 10" E, 71.90 feet to a 5/8 inch iron rod found with plastic cap stamped "BDD" for comer, said point being
the beginning of a curve to the left having a radius of 622.00 feet, a delta angle of 170 55' 16";
Ordinance No. 3435-11-16, Page 5
THENCE along the north line of said Lot 2A, Block B, and the south right-of-way line of said Allen Station
Parkway, and along said curve to the left, an are distance of 194.55 feet, a chord bearing and distance of N 730
'
49'05" E, 193.76 feet to a 5/8 inch iron rod found with plastic cap stamped "BDD" for corner;
THENCE N 25° 08'32" W, along the north line of said Lot 2A, Block B, and the south right-of-way line of
said Allen Station Parkway, a distance of 10.00 feet to a 5/8 inch iron rod found with plastic cap stamped
"BDD" for comer, said point being the beginning of a curve to the left having a radius of 612.00 feet, a delta
angle of 190 45' 21' ;
THENCE along the north line of said Lot 2A, Block B, and the south right-of-way line of said Allen Station
Parkway, an aro distance of 211.02 feet, a chord bearing and distance of N 540 58'47" E, 209.98 feet to a I/2
inch iron rod set for comer;
THENCE S 69° 17' 31" E, crossing said Lot 2A, Block B, a distance of 104.64 feet to a 1/2 inch iron rod set
for comer, said point being in the west line of Red Farts Addition, an addition in the City of Allen, according
to the plat thereof recorded in Cabinet L, Page 589, Plat Records, Collin County, Texas;
THENCE S 20° 42'29" W, along the common line of said Lot 2A, Block B, and said Red Farm Addition, a
distance of 53.70 feet to a 1/2 inch iron rod set for the common comer of said Red Farm Addition, and Spring
Meadow, an addition in the City of Allen, Texas according to the plat thereof recorded in Cabinet M, Slide 485,
of the Plat Records of Collin County, Texas;
THENCE S 20° 54'44" W, along the common line of said Lot 2A, Block B, and said Spring Meadow, a distance
of 1281.13 feet to a 5/8 inch iron rod with plastic cap stamped `BDD" found for the common comer of said Lot
2A, Block B, and said Spring Meadow;
' THENCE N 66° 01' 53" W, along the common Ime of said Lot 2A, Block B, and said Spring Meadows, a
distance of 1132.16 feet to a 5/8 inch iron rod with plastic cap stamped "BDD" found for comer, said point
being the common comer of said Lot 2A, Block B, and said Spring Meadow, and being in the east line of said
Lot 3, Block A;
THENCE N 00° 28' 13" E, along the common line of said Lot 2A, Block B, and said Lot 3, Block A, a distance
of 73.32 feet to the POINT OF BEGINNING and containing 848,623 square feet or 19.4817 acres of land more
or less.
Ordinance No. 3435-11-16, Page 6
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EXHIBIT `°B'a
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BUILDING ELEVATIONS cont.
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EXHIBTT "D"
OPEN SPACE PLAN
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Ordinance No. 3435-11-16, Page 12
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