O-3450-1-17ORDINANCE NO. 3450-1-17
' 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 10.839± ACRE TRACT OF LAND IN THE JAMES T.
ROBERTS SURVEY, ABSTRACT NO. 777 AND THE HENRY WETSEL SURVEY,
ABSTRACT NO. 1026, PRESENTLY ZONED AS `5C" SHOPPING CENTER BY
CHANGING THE ZONING TO CREATE "PD" PLANNED DEVELOPMENT NO. 126
WITH A BASE ZONING OF "TH" TOWNHOME RESIDENTIAL DISTRICT AND
ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, HARDSCAPE
PLAN, 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 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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended relating to the use and development
regulations of a 10.8391 acre tract of land in the James T. Roberts Survey, Abstract No. 777 and the Henry
Wetsel Survey, Abstract No. 1026 ("the Property") described in "Exhibit A," attached hereto and incorporated
herein by reference, which is presently zoned as "SC" Shopping Center by changing the zoning to create `RD"
Planned Development No. 126 with a base zoning of "TH" Townhome Residential District to be used and
developed in accordance with 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 ("ALDC"), as amended, 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
"TH" Townhome Residential District standards of the ALDC, except as otherwise provided in this
Ordinance.
B. 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 platting.
C. LOT DESIGN CRITERIA: The lot design criteria for the Property shall be as follows:
(1) Lot Width: The minimum lot width shall be 25'.
' (2) Lot Area: The minimum lot area shall be 2,250 square feet.
(3) Dwelling Unit Size: The minimum dwelling unit size shall be 1,300 square feet of air
conditioned space.
D. GARAGE SETBACK: Not less than twenty (20) feet (to face of the structure).
E. 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) Each of the three elevation types shall be used on at least four (out of the 18) buildings in the
development.
(3) Garage doors shall be metal, patterned with a wood -like texture.
(4) The driveways shall be treated with a decorative concrete aggregate, with one of the following
finishes:
1. Exposed Aggregate
2. Stained Concrete
' 3. Salt Finished Concrete
(5) Any windows on a second floor of the side elevations of Lots 8-9, and the rear elevation of
Lots 24 through 29, Block A, must be opaque glass/privacy window.
F. BUILDING HEIGHT: The maximum building height shall be thirty-nine (39) feet.
G. SCREENING: Screening on the Property shall be developed in general conformance with the
Hardscape Plan attached hereto as Exhibit "D," and incorporated herein by reference. No building
permit shall be issued until the fence permit has been issued and construction of the screening wall has
commenced. No final building inspections shall be conducted for any building constructed on the
Property until the Director of Community Development or designee has determined that construction
and installation of all required screening has been completed and conforms to the Hardscape Plan and
other applicable city ordinances.
H. NO PARKING: No on -street parking is allowed on the Property except where designated head -in
parking is provided or anywhere that on -street parking is otherwise authorized by the Fire Marshal.
Areas where on -street parking is prohibited must be marked by curb striping indicating "No Parking."
L TREE PLANTING: No fewer than two (2) shade trees (as defined in Appendix C of the ALDC) with
a trunk diameter of not less than three (3) caliper inches at time of planting, shall be planted for each
dwelling unit within the Property for which a building permit has been issued. At least one of the
' required shade trees must be planted on each lot, with the remaining required shade tree to be planted
either on the lot with the dwelling unit or within the open space areas of the Property. The Director of
Community Development shall have the authority to withhold final inspections of buildings constructed
on the Property if it is determined that the required number of shade trees has not been planted as of
Ordinance No. 3450-1-17, Page 2
the date of the suspension. Such suspension shall be lifted upon determination by the Director of
Community Development that the required by number of shade trees has been planted.
' 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 & 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 he 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.
' DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 24TH DAY OF JANUARY 2017.
APPROVED:
*dmw
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CM ATTORNEY Shelley B. George, C, CITY SECREYARY
Ordinance No. 3450-1-17, Page 3
EXHIBIT "A"
LEGAL DESCRIPTION
' BEING a tract of land situated in the James T. Roberts Survey, Abstract No. 777 and the Henry Weisel Survey, Abstract
No. 1026, in the City of Allen, Collin County, Texas, and being part of a called 15.918 -acre tract of land described in deed
to H311, LLC, recorded in Instrument Number 20110309000257440, of the Official Public Records, Collin County, Texas,
and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 -inch von rod found on the easterly right-of-way line of Greenville Avenue (State Highway No. 5),
a 100' right-of-way for the southwest comer of said 15.918 -acre tram and being the beginning of a non -tangent curve to
the right having a central angle of 03°23'06", a radius of 5037.99 feet, a chord bearing and distance of North 24°10'44"
East, 297.59 feet;
THENCE in a northeasterly direction, with said curve to the right, along the easterly right-of-way line of said Greenville
Avenue, and along the westerly line of said called 15.918 -acre tract, an arc distance of 297.63 feet to a point for comer;
THENCE departing the easterly right-of-way line of said Greenville Avenue and crossing said called 15.918 -acre tract,
the following courses:
South 642447" East, a distance of 257.73 feet to a point for comer;
North 30°20'27" East, along the southeasterly line of Lot 6, Block A, Allen Center North Addition, an addition
to the City of Allen according to the plat thereof recorded in Volume 2016, Page 358 of the Plat Records of Collin
County, Texas, a distance of 416.40 feet to a point at the beginning of a tangent curve to the right having a central
angle of 12° 10'37", a radius of 98.00 feet, a chord hearing and distance of North 36°2546" East, 20.79 feet;
In a northeasterly direction, with said curve to the right, continuing along the southeasterly line of said Lot 6, an
arc distance of 20.83 feet to a point at the beginning of a reverse curve to the left having a central angle of
12° 1937", a radius of 102.00 feet, a chord bearing and distance of North 36°25'46" East, 21.64 feet;
In a northeasterly direction, with said curve to the left, continuing along the easterly line of said Lot 6, an arc
distance of 21.68 feet to a point for comer;
North 30°20'27" East, continuing along the southeasterly line of said Lot 6 and along the southeasterly line of Lot
1, Block A, Allen Center North Addition an addition to the City of Allen according to the plat thereof record in
Cabinet 2009, Page 389 of the Plat Records of Collin County, Texas, a distance of 58.29 feet to a point for corner;
South 89°4332" East, departing the southeasterly line of said Lot 1, a distance of 498.82 feet to a point for comer
on the easterly line of said called 15.918 -acre tract, same being the westerly line of Stacy Road Pump Station, an
addition to the City of Allen according to the plat thereof recorded in Cabinet G, Page 91 of said Plat Records;
THENCE South 00°16'28" West, along the easterly line of said called 15.918 acre tract and along the westerly line of
said Stacey Road Pump Station, a distance of 339.19 feet to a point for comer at the southwest comer of said Stacey Road
Pump Station, being the southerly line of said called 15.918 acre tract, same being on the northerly line of Silhouette, Phase
1, an addition to the City of Allen according to the plat thereof record in Cabinet R Page 45, Map Records of Collin
County, Texas;
THENCE along the southerly line of said called 15.918 -acre tract and along the northerly line of said Silhouette, the
following:
South 55'14'54" West, a distance of 655.66 feet to a point for comer;
North 84°34104" West, a distance of 409.10 feet to a point for comer;
' North 66°56'10" West, a distance of 185.35 feet to the POINT OF BEGINNING and containing 10.839 acres
(472,129 sq. ft.) of land, more or less.
Ordinance No. 3450-1-17, Page 4
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