O-3490-6-17ORDINANCE NO. 3490-6-17
' 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
GRANTING A CHANGE IN ZONING FROM AGRICULTURE OPEN SPACE "AO" TO
PLANNED DEVELOPMENT "PD" NO.130 FOR SINGLE FAMILY RESIDENTIAL "R-
5" AND "R-6" ON 79.0951 ACRES OUT OF THE FRANCIS DOSSER SURVEY,
ABSTRACT NO. 280 AND THE G. PHILLIPS SURVEY, ABSTRACT NO. 701, BEING
FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; ADOPTING
DEVELOPMENT REGULATIONS, A CONCEPT PLAN, BUILDING ELEVATIONS,
AND A SCREENING PLAN; 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, 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 granting a change in zoning for 79.095± acres out of the Francis
Dosser Survey, Abstract No. 280 and the G. Phillips Survey, Abstract No. 701 ("the Property") described in
"Exhibit A," attached hereto and incorporated herein by reference, from Agriculture Open Space "AO" to
Planned Development 'PD" No. 130 for Single Family Residential "R-5" and "Rfij' 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"), except to the extent modified as follows:
A. BASE ZONING DISTRICT: Except as otherwise provided in this Ordinance
(1) The portion of the Property west of Hilliard Drive and south of Baugh Drive shall be
developed and used only in accordance with the regulations applicable to a Single -Family
Residential District "R -Y'; and
(2) The portion of the Property east of Hilliard Drive and north of Baugh Drive shall be developed
' and used only in accordance with the regulations applicable to a Single -Family Residential
District "R-6".
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. 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. BUILDING ELEVATIONS: Buildings to be constructed on 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," and incorporated herein by reference, and shall be further subject to the
following:
(1) The building materials of all sides of all elevations shall be 100% masonry.
(2) Driveways shall be treated with textured and/or colored concrete.
(3) Garage doors shall be enhanced with tongue and groove wood overlay or carriage house steel
panel -patterned with or without glass.
D. LOT DESIGN CRITERIA AND BUILDING SETBACKS: The minimum lot dimensions and
building setbacks for the lot types shown on the Concept Plan shall be modified as follows:
(1) "R-5" Lots:
' (2)
Minimum Lot D th
110 feet
Minimum Rear Setback
10 feet
Minimum Side Setback
7 feet
Minimum Dwelling Unit Size
2,400 square feet
"R -B" Lots:
(3) Maximum Gross Density: 3.5 units/acre.
(4) The face of the exterior garage wall must be setback not less than twenty (20) feet from the
front lot line. The face of the exterior garage for J -Swing garages must be setback not less than
fifteen (15) feet from the front lot line.
E. SCREENING: Screening shall be constructed and/or installed along the boundaries of the Property
in general conformance with the Screening Plan attached hereto as Exhibit "D."
F. FLOODPLAIN RECLAMATION: The lot layout and developable area is contingent upon the
developer proving that the floodplain reconfiguration complies with the City's policy of prohibiting
adverse impact to the 100 -year fully urbanized floodplain through a rise or increase in velocity and/or
a decrease in valley storage within the floodplain area.
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
Ordinance No. 3490-617, Page 2
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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, fuan 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27- DAY OF JUNE 2017.
APPROVED AS TO FORM:
Peter Q Smitlit, City Attorney
(kbl 6/16117787171)
APPROVED:
ze=��
Stephen Tleffell, Mayor
ATTEST:
Shelley B. Geo , TRM retary
Ordinance No. 3490-6-17, Page 3
EXHIBIT "An
'
BEING, a tract of land situated in the Francis Dosser Survey, Abstract No. 280 and the G.
Phillips Survey, Abstract No. 701 in City of Allen, Collin County, Texas, being part of a
93.557 acre tract, as described in Doc. No. 98-0114031 and Doc. No. 98-0114030 in the
Deed Records of Collin County, Texas, being more particularly described as follows:
BEGINNING, at a h inch von rod found at the southwest comer of a 14.4615 acre tract,
as described in Dec. No 20160610000727330 in said Deed Records and being in the
north line of Star Creek Phase Six, an addition to the City of Allen, as described in Doc.
No. 2012-458 in the Plat Records of Collin County, Texas, and being in the south line of
said 93.557 acre tract;
THENCE, South 88°48'03" West, along the south line of said 93.557 acre tract and the
north line of said Star Creek Phase Six, at 678.98 feet, passing the northwest comer of
said Star Creek Phase Six and the northeast comer of Star Creek Phase Two, an addition
to the City Of Allen, as described in Doc. No. 2007-250, in said Plat Records, and
continuing for a total distance of 717 34 feet, to a Yz inch iron rod found at the southwest
comer of said 93.577 acre tract;
THENCE, North 25'18'27" West, departing the north line of said Star Creek Phase Two
and with the west line of said 93.557 acre tract, for a distance of 241.02 feet, to a'h inch
iron rod found in the cast line of said Star Creek Phase Two;
THENCE, North 00°47'40" West along the west line of said 93.557 acre tract and the
east line of said Star Creek Phase Two, at 296.08 feet passing the northeast comer of
said Star Creek Phase Two, and continuing for a total distance of 819 72 feet, to a 5/8
inch iron rod found at the northwest comer of said 93.557 acre tract being in the south
line of Ridgeview Drive, m described in Doc. No. 20120927001220490;
THENCE, North 48°20'57" East along the north line of said 93.557 acre tract and the
south line of said Ridgeview Drive, for a distance of 287.45 feet, to a */n inch iron rod
found;
THENCE, North 42°04' 15" East, continuing along said lines, for a distance of 283.30
feet, to a Yv inch iron rod found on a curve to the right having a radius of 940.00 feet, a
central angle of 35°24'33", and a tangent of 300.08 feet;
THENCE, continuing along said lines and with said curve to the right for an arc distance
of 580.93 feet (Chord Hearing North 71058'36" East - 571.73 feet), to a % inch iron rod
found al the point of tangency,
THENCE, North 89°40'53" East, continuing along said lines, for a distance of 1047.01
feel, to a''A inch iron red found, at the point of curvature of a curve to the left, having a
radius of 5060.00 feet a central angle of 02M'12", and a tangent of 104.66 feet;
THENCE, continuing along said north and south lines for an are distance of 209.29 fee[
(Chord Bearing North 88°29'47" East — 209.28 feet), to a Yz inch iron rod found;
THENCE, South 88°53'56" East, continuing along said lines, for a distance of 150.33
feet, to a'14 inch iron rod found;
Ordinance No. 3490-617, Page 4
EXHIBIT "A"
DESCRIPTION OF PROPERTY cont.
' THENCE, North 87°17'12" East, continuing along said lines, for a distance of 214.95
feel, to a'/2 inch iron rod found;
THENEC, South 50°12'48" East, continuing along said lines, for a distance of 29.49 feet,
to a''A inch iron rod found at the most easterly northeast comer of said 93.557 acre tract,
and being in the west line of Chelsea Boulevard (Variable R.O. W.), as described in Doc.
No. 20120927001220490 in said Deed Records;
THENCE, South 07°42'48" East, along the east line of said 93.557 acre tract and the
west line of said Chelsea Boulevard, for a distance of 249.07 feet, to a'h inch iron rod
found;
THENCE, South 11°31'38" East, continuing along said east and west lines, for a distance
of 150.33 feel, to a'h inch iron rod found;
THENCE, South 07°42'48" East, continuing along said lines, for a distance of 255.35
feet, to a''A inch von rod found at the point of curvature of a curve to the right, having a
radius of 394090 feet, a central angle of 06'54'51 ", and a tangent of 238.02 feel;
THENCE, continuing along said lines and with said curve to the right for an are, distance
of 475.46 feel (Chord Bearing South 04915'23" East - 475.17 feet), to a'A inch iron rod
found at the point of tangency,
' THENCE, South 00047'57" East, continuing along said lines, for a distance of 439.74
feet, to a'/a inch iron rod found in the north line of Star Creek Pbase Four, art addition to
City of Allen, as described in Doc. No. 2011-120, in said Plat Records and being the
southeast comer of said 93.557 acre tract;
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THENCE. South 88°48'03" West, along the south line of said 93.557 acre tract and with
the north line of said Star Creek Phase Four, at 853.25 feet, passing a''/c inch iron found
at the northwest comer of said Slav Creek Phase Four and the northeast Comer of said
Star Creek Phase Six, and continuing for a total distance of 1052.92 feet, to a'h inch iron
rod found in the southeast comer of said 14.4615 acre tract;
THENCE, North 01.11'57" West, departing said south line and along the east line of said
14.4615 acre tract, for a distance of 125.00 feet, to a'h inch iron rod found;
THENCE, North 00° 19'07" West, continuing along said east line, for a distance of
644.07 feel, to a Yx inch von rod found at the most easterly northeast comer of said
14.4615 acre tract;
THENCE, North 45-19'07" West, along the north line of said 14 4615 acre tract, for a
distance of 35.36 feel, to a''/x inch iron rod found;
THENCE, South 89°40'53" West, continuing along said north line, for a distance of
501.17 feel, to a Yz inch iron rod found,
THENCE, South 44°40'53" West, continuing along said north line, for a distance of
35.36 feet, to a'/2 inch iron rod found at the most westerly northwest comer of said
14.4615 acre tract;
Ordinance No. 3490-617, Page 5
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EXHIBIT "A"
DESCRIPTION OF PROPERTY cont.
THENCE, South 00°19'07" East, along the west line of said 14.4615 acre tract, for a
distance of 140.46 feel, to a h inch iron rod found a[ an ell comer of said 14.4615 acre
nact,
THENCE, South 88048'03" West, along a north line of said 14.4615 acre tract, for a
distance of 303.85 feet, to a h inch iron rod found at the most westerly northwest comer
of said 14.4615 acre tract;
THENCE, South 01°11'57" East, along the west line ofsaid 14.4615 acretract, for a
distance of637.00 feet, to the POINT OF BEGINNING and containing 79.095 acres of
land.
Ordinance No. 3490-6-17, Page 6
II
EXHIBIT "B"
CONCEPTPLAN
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411
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Ordinance No. 3490-617. Page 7
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EXH[BTT'•C"
BUILDING ELEVATIONS
Ordinance No. 3490-617, Page 8
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EXHIBIT "C"
BUILDING ELEVATIONS cont.
Ordinance No. 3490-(F17, Page 11
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EXHIBIT "C"
BUH.DING ELEVATIONS cont.
Ordinance No. 3490417, Page 12
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EXHIBIT "C"
BUILDING ELEVATIONS cont.
Ordinance No. 3490 -(*17, Page 14