O-3496-7-17ORDINANCE NO. 3496-7-17
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
AMENDING THE DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT
PLAN, BUILDING ELEVATIONS, AND OPEN SPACE EXHIBIT FOR THE MIXED
USE EMPLOYMENT AREA OF PLANNED DEVELOPMENT "PD" NO. 121;
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 by amending the development
regulations of the Mixed -Use Employment area of Planned Development "PD" No. 121 as original enacted by
Ordinance No. 3322-8-15 ("the PD -121 Ordinance") as set forth in Section 2, below.
SECTION 2. The property within PD -121 designated on the Concept Plan in the PD 121 Ordinance as "Mixed
Use Employment" ("the MUE Zone"), said property being more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference, shall be developed and used in accordance with the development
regulations of PD -121 and the applicable provisions of the Allen Land Development Code ("ALDC"), except
to the extent modified by the Development Regulations set forth below:
A. BASE ZONING DISTRICT: The MUE Zone shall be developed and used only in accordance with
the Multi -Family Residential District MF -18 standards of the ALDC, except as otherwise provided
herein.
B. PERMITTED USE: "Dwelling, Multi -family" shall be a permitted use on the Property in addition to
the permitted uses set forth in Table 2: Zoning District Land Use Table in the PD -121 Ordinance.
C. MUE ZONE CONCEPT PLAN: The MUE Zone shall be developed in general conformance with
the MUE Zone Concept Plan attached hereto as Exhibit "B," and incorporated herein by reference,
which shall be controlling over any conflicts with the Concept Plan and Street Concept Plan set forth
in the PD -121 Ordinance. Minor modifications to site circulation that do not alter the general alignment
' shown on the MUE Zone Concept Plan may be made at the time of Site Plan approval. No building
permits shall be issued by the City for construction of any building within the MUE Zone until a detailed
site plan for development within the MUE Zone has been approved.
D. BUILDING ELEVATIONS: Buildings to be constructed within the MUE Zone shall be developed
in general conformance with the materials and architectural style set forth on the MUE Zone Building
' Elevations attached hereto as Exhibit "C," and incorporated herein by reference.
E. LANDSCAPING: Landscaping shall be constructed and/or installed within the MUE Zone in
substantial conformance with the MUE Zone Open Space Exhibit attached hereto as Exhibit "D," and
incorporated herein by reference.
F. OPEN SPACE: The MUE Zone shall be developed with not less than 1.70 acres of open space for
Building 1 and not less than 0.75 acres of open space for Building 2, as shown on the MUE Zone Open
Space Exhibit and the MUE Zone Concept Plan.
G. PARKING: The parking ratio for Building 1 shall be 1.70 spaces per dwelling unit; with not less than
97% of the required off-street parking for Building 1 being located within the parking structure
constructed as shown on the MUE Zone Concept Plan. The parking ratio for Building 2 shall be 1.71
spaces per dwelling unit; with not less than 99% of the required off-street parking for Building 2 being
located within the puking structure constructed as shown on the MUE Zone Concept Plan.
H. BUILDING SETBACKS: The building and accessory structures constructed within the MUE Zone
shall be set back from the MUE Zone boundaries as shown on the MUE Zone Concept Plan.
I. MAXIMUM LOT COVERAGE: 75%.
J. DENSITY: The maximum density shall be 57 dwelling units per acre for Building 1 and 63 dwelling
units per acre for Building 2.
' K, AVERAGE DWELLING UNIT SIZE: The average dwelling unit size shall be 900 square feet with
no dwelling unit having a floor area of less than 600 square feet.
L. MINIMUM MIXED USE RATIO: None of the first -floor units of the multifamily structure are
required to be retail ready. The fust floor shall be fourteen (14) foot clear story along the street frontages
as shown on the MUE Zone Concept Plan.
M. BUILDING HEIGHT: No building constructed within the MUE Zone shall exceed five (5) stories;
and shall in no case be taller than seventy-three (73) feet at the ridge line of the roof and fifty-five (55)
feet at the plate height of the roof. No garages constructed within the MUE Zone shall exceed seven
(7) stories; and shall in no case be taller than seventy-nine (79) feet.
N. SIDEWALKS: The width and location of the sidewalks shall be as shown on the MUE Zone Concept
Plan.
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.
Ordinance No. 3496-7-17, Page 2
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EXHIBIT "A'•
DESCRIPTION OF MUE ZONE
I:IYK]:1 •]J:[19�:Ica] T•T:ll3i[-
BEING A 10 765 ACRE (468,921 SGUARE FEET) TRACT OF LAND SITUATED IN THE THOMAS G
KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING A
PORTION OF THE REMAINDER OF A CALLED 11143 ACRE TRACT OF LAND DESCRIBED IN AN
AMENDED COTENANCY AGREEMENT TO WILLIAM S MONTGOMERY, JR TRUSTEE OF THE
WILLIAM S. MONTGOMERY, JR TRUST UTA MMM 2005 DESCENDANTS TRUST (10 W% INTEREST),
WILLIAM SLACK MONTGOMERY, JR TRUSTEE OF THE WILLIAM SLACK MONTGOMERY, JR
FAMILY TRUST 1994 U/A AUGUST 3, 1994 (1125% INTEREST), ELLEN MONTGOMERY
MOCAFFERTY (10.00% INTEREST), ELLEN MONTGOMERY MCCAFFERTY, TRUSTEE OF THE
ELLEN MONTGOMERY MOCAFFERTY FAMILY TRUST 1994 UTA AUGUST 3, 1994 (1125%
INTEREST), NENA CARROLL MONTGOMERY (10237% INTEREST), NENA CARROLL
MONTGOMERY, TRUSTEE OF THE NENA CARROLL MONTGOMERY FAMILY TRUST 1994 U/A
AUGUST 3,1994 (11 25%INTEREST), LELAND MILLER MONTGOMERY (10 50% INTEREST), LELAND
MILLER MONTGOMERY, TRUSTEE OF THE LELAND MILLER MONTGOMERY FAMILY TRUST 19,94
U/A AUGUST 3, 1994 (1125% INTEREST, AND WRETCHED LAND, LP (13283% INTEREST),
RECORDED IN INSTRUMENT NO 20141210001368060, OFFICIAL PUBLIC RECORDS OF COLLIN
COUNTY, TEXAS (O.P R.0 CT), SAID 10 765 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMNENCING AT A 12 -INCH IRON ROD WITH CAP STAMPED'HALFF ASSOC INC" FOUND FOR
THE SOUTHEAST CORNER AT THE TERMINUS OF MONTGOMERY BOULEVARD IF K A BELAIR
DRIVE, A 9 FOOT PUBLIC RIGHT -OF -WAV AT THIS POINT) DESCRIBED IN AN AGREED FINAL
JUDGMENT TO THE CITY OF ALLEN, TEXAS, RECORDED IN VOLUME 5724, PAGE 38, OFFICIAL
PUBLIC RECORDS OF REAL PROPERTY OF COLLIN COUNTY, TEXAS (OP, R.R P C C T), SAME
BEINGTHE NORTHEAST CORNER OF MONTGOMERY RIDGE, PHASE 1, AN ADDITION TOTHECITY
OF ALLEN, COLLIN COUNTY, TEXAS, ACCORDING TOTHE PLATTHEREOF RECORDED IN VOLUME
2015, PAGE 310, PLAT RECORDS OF COLON COUNTY, TEXAS (P R CT) AND BEING IN THE
COMMON LINE OF SAID 111 43 ACRE TRACT OF LAND AND THE REMAINDER OF A CALLED 32 41
ACRE TRACT OF LAND (ANGEL FIELD EAST) DESCRIBED IN A SPECIAL WARRANTY DEED TO
MONTGOMERY FARM GARDEN DISTRICT, LTD RECORDED IN INSTRUMENT NUMBER
20060929001402580 (0 P R C C T),
TBENCESCUTH 8817'55" EAST ALONG SAID COMMON LINE, A DISTANCE OF 487 95 FEET TOTHE
POINT OF BEGINNING,
THENCE SOUTH 88.1 T55" EAST CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 682 72
FEET TO A POINT FOR CORNER,
THENCE DEPARTING SAID COMMON LINE OVER AND ACROSS SAID CALLED 111 43 ACRE TRACT
OF LAND, THE FOLLOWING CALLS'
1 SOUTH 19'51'19"WEST, A DISTANCE OF 32 31 FEET TO A POINT FOR CORNER,
2 SOUTH 05°55'58" EAST, A DISTANCE OF 139 82 FEET TOA POINT FOR CORNER,
3 SOUTH 10-20-04" WEST, A DISTANCE OF 225 04 FEET TO A POINT FOR CORNER;
4 SOUTH 0930'41"WEST, A DISTANCE OF 104 26 FEET TO A POINT FOR CORNER,
5. SOUTH 05"18'52"WEST, A DISTANCE OF 168 72 FEET TO A POINT FOR CORNER',
6 SOUTH 01°3936" EAST, A DISTANCE OF 23964 FEET TO A POINT FOR CORNER IN THE
NORTHEASTERLY RIGHT -0F -WAV LINE OF PROPOSED MONTGOMERY BOULEVARD,
Ordinance No. 34967-17 Page 4
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EXHIBIT"A"
DESCRIPTION OF MOE ZONE (cont.)
THENCE ALONG THE NORTHEASTERLY RIGHT -OF -WAV LINE OF SAID MONTGOMERY
BOULEVARD, THE FOLLOWING CALLS
1 NORTH 76°4796" WEST, A DISTANCE OF 4313 FEET TO A POINT FOR CORNER,
2 NORTH 28"48'54" WEST, A DISTANCE OF 34 fib FEET TO A POINT FOR CORNER,
3 NORTH 17°11'55" EAST, A DISTANCE OF 125 90 FEET TO A POINT FOR CORNER,
4 NORTH 72°48'05" WEST, A DISTANCE OF 64 00 FEET TO A POINT FOR CORNER,
5, SOUTH 1711'55" WEST, A DISTANCE OF 121 23 FEET TO A POINT FOR CORNER,
6 SOUTH 67.2T38 WEST, A DISTANCE OF 3198 FEET TO THE POINT OF CURVATURE OF
CURVE TOT HE RIGHT HAVING A RADIUS WHICH BEARS NORTH 29° T34" EAST, A
DISTANCE OF 405 00 FEET,
7 NORTHWESTERLY WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF
19°25'36", FOR AN ARC LENGTH OF 137 32 FEET, A CHORD BEARING OF NORTH 50°4938"
WEST, AND A CHORD DISTANCE OF 136 66 FEET TO A POINT FOR CORNER,
8 NORTH 41°0644' WEST, A DISTANCE OF 167 77 FEET TO THE POINT OF CURVATURE OF
CURVE TO THE LEFT HAVING A RADIUS OF 49500 FEET,
9 NORTHWESTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
33"40'47", FOR AN ARC LENGTH OF 290 97 FEET, A CHORD BEARING OF NORTH 57.5T13'
WEST, AND A CHORD DISTANCE O 286 W FEET TO A POINT FOR CORNER,
10 NORTH 74-473T'WEST, A DISTANCE OF 43.31 FEET TO A POINT FOR CORNER,
11 NORTH 29-4737"WEST, A DISTANCE OF 21 21 FEET TO A POINT FOR CORNER,
12. NORTH 15°1723" EAST, A DISTANCE OF 215 FEET TO A POINT FOR CORNER,
13 NORTH 744737" WEST, A DISTANCE OF 32 00 FEET TO A POINT FOR CORNER,
THENCE DEPARTING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID PROPOSED MONTGOMERY
BOULEVARD OVER AND ACROSS SAID 111 43 ACRE TRACT OF LAND, THE FOLLOWING CALLS'
1 NORTH 1512'23" EAST, A DISTANCE OF 4223 FEET TO A POINT OF CURVATURE OF
CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET,
2 NORTHEASTERLY WITH SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
13"29'52", FOR AN ARC LENGTH OF 23 56 FEET, A CHORD BEARING OF NORTH 08°27'27"
EAST, AND A CHORD DISTANCE OF 23 W FEET TO A POINT FOR CORNER,
3 NORTH 01o4731" EAST, A DISTANCE OF 265 40 FEET TO A POINT FOR CORNER,
4 SOUTH 88017'29" EAST, A DISTANCE OF 43 58 FEET TO A POINT FOR CORNER,
5 NORTH 01"4731" EAST, A DISTANCE OF 13712 FEET TO THE POINT OF BEGINNING AND
CONTAINING A COMPUTED AREA OF 10 765 ACRES OR 468,921 SQUARE FEET OF LAND
Ordinance No. 34967-17, Page 5
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BUILDING 2 SITE
TOTAL SITE AREA -a 295 ACRES (18],090 S.F.)
LOT AREA -1049 ACRES (176,374 S F.)
ROW N)
W. DEDICATN -0248 ACRES (10,716 S.F )
SITE DENSITY -62.24 UISTVACRE (252 UNITS 14019 ACRES)
LOT COVERAGE
TOTAL BUILDING COVERAGE -1138 AC. (588%)
_TOTAL PAVING (PARKING 6 DRIVE MEAS) -x0.49 AC, (012%)
OPEN SPACE PROVIDED - t 075 AC (18.5%)
(DOES NOT INCLUDE PARKING ISLANDS, LANDSCAPE EASEM
OPEN SPACE EXHIBIT
for
"DAVIS AT MONTGOMERY RIDGE"
BUILDING 1 & 11
10.705 ACRES IN
ALLEN. TEXAS
NOTES
1, YELLOW AREA REPRESENTS OPEN SPACES
OPEN SPACE PROVIDED DOES NOT INCLUDE
If
10LANDSCAPE EASEMENT ALONG MONTGOMERY
RIDGE. PARKING I6LFlNDs, ROW DEDICATION, OR
INTERIOR COURTYARDS
0
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BUILDING SITE
TOTAL SITE AREA- 8489 ACRES (261,616 BY)
SITE DENSITY -S6.n UNRSIACRE (363 UNITS 16.469 ACRES)
1
COVERAGE
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_LOT
NG COVERAGE - t3.18 AC (49
•TOTAL
PAVIING (PARKINGG& DRIVE AREAS) - �1,O8 AC (167%)
_ .. OPEN SPACE PROVIDED - t 170 AC P63%)
(DOES NOT INCLUDE PARKING ISLANDS. LANDSCAPE EASEM
BUILDING 2 SITE
TOTAL SITE AREA -a 295 ACRES (18],090 S.F.)
LOT AREA -1049 ACRES (176,374 S F.)
ROW N)
W. DEDICATN -0248 ACRES (10,716 S.F )
SITE DENSITY -62.24 UISTVACRE (252 UNITS 14019 ACRES)
LOT COVERAGE
TOTAL BUILDING COVERAGE -1138 AC. (588%)
_TOTAL PAVING (PARKING 6 DRIVE MEAS) -x0.49 AC, (012%)
OPEN SPACE PROVIDED - t 075 AC (18.5%)
(DOES NOT INCLUDE PARKING ISLANDS, LANDSCAPE EASEM
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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 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 Ilm DAY OF JULY 2017.
APPROVED:
Stephen TIrrell, Mayor
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APPROVED AS TO FORM:
Peter G. Smith, City A11forney
(u) 612N17 8)420)
ATTEST:
i
Ordinance No. 34967-17, Page 3