O-3440-11-16ORDINANCE NO. 3440-11-16
' 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, BY AMENDING THE
DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, BUILDING
ELEVATIONS, AND A SIGN PLAN RELATING TO THE USE AND DEVELOPMENT
OF A 9.661+ ACRE PORTION OF TRACT 1-R-1, BLOCK F, BRAY CENTRAL ONE
ADDITION, DESCRIBED IN EXHIBIT "A" HERETO, WHICH PROPERTY IS
LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED
DEVELOPMENT "PD" NO. 108 MIXED USE "MIX"; 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, 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,
t 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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations of Planned Development "PD" No. 108 Mixed Use "MIX" ("PD No. 108") and adopting a Concept
Plan, Building Elevations, and a Sign Plan relating to the development and use of a 9.661± acre portion of Tract
1-R-1, Block F, Bray Central One Addition ("the Property') described in Exhibit "A," attached hereto and
incorporated herein by reference.
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 the PD -108 Ordinance 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
development regulations within District E of the Twin Creeks Urban Center Planned Development PD
No. 108 ordinance and the standards of the Allen Land Development Code ("ALDC"), except as
otherwise provided herein.
B. PERMITTED USE: "Indoor Commercial Amusement", "Hotel", and "Theater" shall be permitted
uses on the Property in addition to the permitted uses set forth in Table L Schedule ojPrincipal Uses
' in Exhibit "B" to Ordinance No. 3044-10-11, as amended ("the PD -108 Ordinance").
C. CONCEPT PLAN: The Property shall be developed in substantial conformance with the Concept
Plan attached hereto as Exhibit "B," and incorporated herein by reference. 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.
' D. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in
substantial conformance with the height, materials, and architectural style set forth on the Building
Elevations attached hereto as Exhibit "C," and incorporated herein by reference.
E. SETBACKS: The building to be constructed on the Property shall be set back from the property
boundaries as shown on the attached Concept Plan.
F. SIGN PLAN: The location, design, and size of signs located on the Property shall substantially
conform with the Sign Plan attached hereto as Exhibit "D," and incorporated herein by reference. Non-
standard LED accent lighting may be permitted.
G. CIVIC SPACE: The requirement for providing Civic Space in relation to the development and use of
the Property set forth in Section 3.3 of the PD -108 Ordinance may be satisfied by the development and
maintenance of improvements on Lot 6, Block F, Bray Central One Addition ("Lot 6" or `the Civic
Space Area") subject to an agreement (`the Civic Space Agreemenf) among the owners of (i) the
Property and (ii) Lot 8, Block F, Bray Central One Addition ("Lot 8') (collectively "the Owners') and
the City, that, as a minimum:
1. Requires and results in conveyance of a 100% fee simple interest in Lot 6 to the City;
2. Requires the Owners, their successors and assigns to pay for certain repair and maintenance
costs of the Civic Space Area as a public recreational area and certain improvements
' constructed or installed therein ("the Civic Space Improvements");
3. Requires the Owner of Lot 8 to complete the construction and/or installation of the Civic Space
Improvements required by Ordinance No. 3336-11-15;
4. Requires the Owner of the Property to design and construct certain improvements to the Civic
Space Area, including paved pedestrian access to the Civic Space Area in compliance with
applicable federal and state laws regarding accessibility for people with disabilities, and other
accessibility -related site improvements as may be required to provide access between the
Property and the Civic Space Area.
5. Grants the City the right to levy assessments against the Property, and Lot 8 to enforce the
obligations of the Owners to pay the maintenance costs of the Civic Space Area and the Civic
Space Improvements and establishes the manner in which such costs will be allocated among
the Owners;
6. Grants the City the right to enforce payment of the Owners' obligations to pay the costs
described in paragraphs 2, 3, and 4, above, including the ability to place liens and foreclose in
a judicial or non judicial proceeding; and,
7. Requires establishment of an escrow fund with a minimum required balance to be funded by
the Owners out of which the costs of repairs and maintenance of the Civic Space Area and
Civic Space Improvements as set forth in the Civic Space Agreement may be paid by the City.
' Approval of my plat or replat of the Property and/or any building permits for any portion ofthe Property
shall not be granted until (i) the Civic Space Agreement has been approved as to form by the City
Attorney, signed by the Owners and the City, and recorded in the Real Property Records of Collin
Ordinance No. 3440-11-16, Page 2
1
County, Texas, and (ii) 100% of the fee simple interest in Lot 6 (i.e. the Civic Space Area) has been
conveyed to the City.
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 ofthe 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 sutra 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22ND DAY OF NOVEMBER 2016.
APPROVED AS TO FORM:
Gi� J 4i4,b
Peter G. Smith, My Attorney
Ikbl 11/15/16813831
APPROVED:
Stephen Terrell, Mayor
VA0t1 aF.9W
She ley B. G yS
e, Cit— a ary
Ordinance No. 3440-11-16, Page 3
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EXHHHT"A"
LEGAL DESCRIPTION
9.661 ACRES
BEING a tract of land situated in the William J. Jackson Survey, Abstract No. 484, City of Allen,
Collin County, Texas, being part of Lot 1-R-1, Block F, Bray Central One Addition an addition to
the City of Allen, Texas according to the plat thereof recorded in Cabinet N, Slide 964, Map
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING at a point in the southeast right-of-way line of Raintree Circle (80 -foot wide right-of-
way), being the north comer of a 0.270 acre tract of land described in Special Warranty Deed to
Nash -Allen, Inc. recorded in Instrument No. 20151013001294290, Official Public Records of
Collin County, Texas, and being the beginning of a curve to the left having a central angle of
9"59'46", a radius of 1890.00 feet, a chord bearing and distance of North 49"10'43" East, 329.33
feet;
THENCE with said southeast right-of-way line of Raintree Circle, the following courses and
distances to wit:
In a northeasterly direction, with said curve to the left, an am distance of 329.74 feel to a
point at the beginning of a non -tangent curve to the right having a central angle of 6°29'50",
a radius of 500.00 feet, a chord bearing and distance of North 47°45'33" Fast, 56.67 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 56.70 feet to a
point at the beginning of a reverse curve to the left having a central angle of 11'07'48", a
' radius of 500.00 feet, a chord bearing and distance of North 45'28'35" East, 96.97 feet;
In a northeasterly direction, with said curve to the left, an arc distance of 97.13 feet to a
point at the beginning of a compound curve to the left having a central angle of 6"01'41",
a radius of 1901.00 feet, a chord bearing and distance of North 36"51'50" East, 199.91
feet;
In a northeasterly direction, with said curve to the left, an am distance of 200.00 feet to
south end of a right-of-way corner Gip at the intersection of the southwest right-of-way line
of Allen Road (80 -foot wide right-of-way) and said southeast right-of-way line of Raintre ,
Circle;
THENCE with said right-of-way comer clip North 87'50'57" East, a distance of 20.83 feet to the
north end of said right-of-way corner clip, and being the beginning of a non -tangent curve to the
right having a central angle of 0°47'30", a radius of 3987.83 feet, a chord bearing and distance of
South 67°47'33" East, 55.09 feet;
THENCE with said southwest right-of-way line of Allen Road, the following courses and distances
to wit:
In a southeasterly direction, with said curve to the right, an arc distance of 55.09 feet to a
point at the beginning of a compound curve to the right having a central angle of 9°38'44",
a radius of 500.00 feet, a chord bearing and distance of South 62°3428" East, 84.07 feet;
In a southeasterly direction, with said curve to the right, an am distance of 84.17 feet to a
point at the beginning of a reverse curve to the left having a central angle of 7"30'02", a
radius of 500.00 feet, a chord bearing and distance of South 61 °30'05" East, 65.41 feet;
In a southeasterly direction, with said curve to the left, an arc distance of 65.45 feet to a
point at the beginning of a reverse curve to the right having a central angle of 1'48'03", a
Ordinance No. 3440-11-16, Page 4
EXHIBIT "A"
DESCRIPTION OF PROPERTY cont.
radius of 3976.83 feet, a chord bearing and distance of South 64°21'05" Fast, 124.99 feet;
In a southeasterly direction, with said curve to the right, an arc distance of 124.99 feet to
the north end of a right-of-way comer clip at the intersection of the northwest right-of-way
line of U.S. Highway 75 (a variable width right-of-way) and said southwest right-of-way
line of Allen Road;
THENCE with said right-of-way corner clip, South 18°11'27" East, a distance of 35.31 feet to the
south end of said right-of-wey comer clip;
THENCE with said northwest right-of-way line of U.S. Highway 75, the following courses and
distances to wit:
South 26"54'20" West, a distance of 64.14 feet to a point for comer;
South 0°59'28" East, a distance of 326.77 feet to a point for comer,
South 11°59'25" West, a distance of 148.61 feet to a point at the beginning of a non -
tangent curve to the left having a central angle of 1 °04'56, a radius of 11602.20 feet, a
chord bearing and distance of South 24"32'36" West, 219.17 feet;
In a southwesterly direction, with said curve to the left, an arc distance of 219.17 feet to
the east comer of Lot 6, Block F, Bray Central One Addition an addition to the City of Allen,
Texas according to the plat thereof recorded Instrument No. 20080204010000370 of said
Official Public Records;
THENCE departing said northwest right-of-way line of U.S. Highway 75 and with the north line of
Ordinance No. 3440-11-16, Page 5
said Lot 6, the following courses and distances to wit:
'
North 65°59'53" West, a distance of 226.90 feel to a point for corner;
North 20"59'53" West, a distance of 66.29 feet to a point for comer,
North 65°59'53" West, a distance of 271.75 feet to a point at the beginning of a non -
tangent curve to the right having a central angle of 1°46'13", a radius of 2120.00 feet, a
chord bearing and distance of South 53°27'41" West, 65.50;
In a southwesterly direction, with said curve to the right, an arc distance of 65.50 feet to
the east corner of said 0.270 acre tract;
THENCE with the northeast line of said 0.270 acre tract, North 34'15'33" West, a distance of
230.08 feet to the POINT OF BEGINNING and containing 9.661 acres or 420837 square feet of
land.
Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202),
North American Datum of 1983.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish Interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which It was prepared.
Ordinance No. 3440-11-16, Page 5
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EXHIBIT `B"
CONCEPTPLAN
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EXHEBIT "C"
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_EXHHtIT "D"
SIGN PLAN
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