O-3499-7-17ORDINANCE NO. 3499-7-17
t 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 TAE DEVELOPMENT REGULATIONS OF DISTRICT D OF PLANNED
DEVELOPMENT "PD" NO. 108, AND ADOPTING A CONCEPT PLAN, SCREENING
PLAN, ROADWAY PLAN, AND BUILDING ELEVATIONS RELATING TO THE USE
AND DEVELOPMENT OF A 33.66± ACRE TRACT OF LAND SITUATED IN THE
CATHERINE PARSONS SURVEY, ABSTRACT NO. 711; 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 Zoning Map of the City of Allen,
Texas, as heretofore amended be amended by amending the development regulations of District D of Planned
Development "PD" No. 108, and adopting a Concept Plan, Screening Plan, Roadway Plan, and Building
Elevations relating to the use and development of a 33.66± acre tract of land situated in the Catherine Parsons
Survey, Abstract No. 711 ("the Property") described in "Exhibit A," attached hereto and incorporated herein
by reference, 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") and District D of Planned Development "PD" No. 108
Single -Family "SF", as set forth in Exhibit "B" of Ordinance No. 3044-10-11 (`the PD -108 Regulations")
except to the extent modified by the Development Regulations set forth below:
A. 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.
B. 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 on all sides of all elevations shall be 100% masonry except for doors,
windows, and decorative railings. Cementous Fiberboard siding may be used for architectural
features located above the roof line.
(2) Driveways on front -entry products shall have a treated surface.
' (3) Garage doors on all front -entry products shall have carriage hardware design.
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C. 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) "TH"Townhome Lots:
Front Yard Setback
20 feet; porches and stoops may encroach
up to 7 feet
Side Yard Setback
0 feet
Comer Side Yard Setback
5 feet
Rear Yard Setback
10 feet
Minimum Lot Width
25 feet
Minimum Lot Depth
90 feet
Minimum Dwelling Unit Size
1,400 square feet(excluding garage)
Maximum Lot Coverage
80%
(2) `R-7" Single Family Type 1 Lots:
Front Yard Setback
10 feet; porches and stoops may encroach
up to 7 feet
Side Yard Setback
5 feet
Rear Yard Setback
10 feet
Minimum Lot Size
4,275 square feet
Minimum Lot Width
45 feet
Minimum Lot Depth
95 feet
Minimum Dwelling Unit Size
1,800 square fee[(excluding garage)
(3) "R-7" Single Family Type 2 Lots:
Front Yard Setback
10 feet; porches and stoops may encroach
up to 7 feet
Side Yard Setback
5 feet
Rear Yard Setback
20 feet
Minimum Lot Size
4,400 square feet
Minimum Lot Width
40 feet
Minimum Lot Depth
110 feet
Minimum Dwelling Unit Size
1,800square feet(excluding garage)
D. GARAGE SETBACK: Not less than 20 feet (to face of the structure).
E. BUILDING HEIGHT: The maximum building height shall be thirty-six (36) feet.
F. 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."
' G. ROADWAY: The roadways shall be constructed on the Property in general conformance with the
Roadway Plan attached hereto as Exhibit "E."
Ordinance No. 3499-7-17, Page 2
H. NO PARKING: Prior to approval of a final plat for any of the Townhome Lots, a restrictive covenant
shall be signed and recorded by the owner of the Property that includes a prohibition of parking along
' streets adjacent to the frontage of the Townhome, except where designated head -in parking is provided.
The parking restriction will be marked by "No Parking" signage. Nothing in this ordinance shall be
construed as precluding the designation by the City Council or the City Fire Marshall of fire lanes or
other areas where parking of vehicles is prohibited.
1. 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. If the open spaces
in the development cannot accommodate the required trees, the unplanted tree must be mitigated.
J. CLUSTER MAILBOXES: Cluster mailboxes are to be provided as shown on the Concept Plan
attached hereto as Exhibit "A," subject the United States Postal Service (USPS) approval.
K APPLICABILITY: Paragraph 2 of Subsection 7.2.1 of the PD -108 Regulations shall not apply to
development of the Property.
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 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.
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Ordinance No. 3499-7-17, Page 3
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COL.LIN
COUNTY, TEXAS, ON THIS THE 25- DAY OF JULY 2017.
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APPROVED AS TO FORM:
Peter G. Staid, City Attorney
(8b19/II117'87M)
1
1
APPROVED: �/��/—(�//�
Stephen
ATTEST:
��
Shelley B. Geoft, TRMC, City Secretary
Ordinance No. 3499-7-17 Page 4
EXHEBIT "A"
' BEING A 33.66 ACRE TRACT OF LAND SITUATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO
711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE 109.79 ACRE TRACT OF
LAND DESCRIBED TO JBGL EXCHANGE, LLC IN SPECIAL WARRANTY DEED RECORDED IN INSTRUMENT
NUMBER 20121231001665590, OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY TEXAS, (OP R C.0 T), SAID
33.66 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY (A
VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AND THE EAST RIGHT OF WAY LINE OF KENNEDY DRIVE (A
VARIABLE WIDTH PUBLIC RIGHT-OF-WAY) AS SHOWN ON THE MINOR REPLAT OF THE VILLAGES AT TWIN
CREEKS, PHASE ONE, AN ADDITION TO THE CITY OF ALLEN, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 2015, PAGE 488, PLAT RECORDS OF COLLIN COUNTY TEXAS (P R OC T);
THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID EXCHANGE PARKWAY THE FOLLOWING;
NORTH 119'44' 5T EAST, A DISTANCE OF 855 45 FEET TO A POINT FOR CORNER;
SOUTH 86' 29'22- EAST, A DISTANCE OF 145 23 FEET TO A POINT FOR CORNER;
NORTH 89' 4T 34' EAST, A DISTANCE OF 179.97 FEET TO THE INTERSECTION WITH THE WEST
RIGHT-OF-WAY LINE OF WATTERS ROAD (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY),
THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID WATTERS ROAD THE FOLLOWING,
SOUTH 0' 14' 32" WEST, A DISTANCE OF 844 95 FEET TO A POINT FOR CORNER;
SOUTH 0' 32' 03" EAST, A DISTANCE OF 534.00 FEET TO FEET TO A POINT IN THE NORTHEASTERLY
RIGHT -OF -WAV LINE OF SAID KENNEDY DRIVE,
THENCE ALONG THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID KENNEDY DRIVE THE FOLLOWING:
' SOUTH 44'2T5T WEST, A DISTANCE OF 35.36 FEET TO A POINT FOR CORNER,
SOUTH 89' 27' 5T WEST, A DISTANCE OF 321 81 FEET TO THE POINT OF CURVATURE OF CURVE TO
THE RIGHT HAVING A RADIUS OF 500.00 FEET:
1
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 22' 24' 55" FOR AN ARC LENGTH
OF 195.61 FEET, HAVING A CHORD BEARING OF NORTH 79' 19 36" WEST AND A CHORD DISTANCE
OF 194.37 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF
725.04 FEET;
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 11' 52' 01" FOR AN ARC LENGTH
OF 15018 FEET, HAVING A CHORD BEARING OF NORTH 62' 11' 07" WEST AND A CHORD DISTANCE
OF 14989 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF
67.50 FEET;
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 15' 15'w FOR AN ARC
LENGTH OF 17.96 FEET, HAVING A CHORD BEARING OF NORTH 48' 37' 14' WEST AND A CHORD
DISTANCE OF 17 93 FEET TO POINT OF TANGENCY OF SAID CURVE;
NORTH 40' 59 21" WEST, A DISTANCE OF 6076 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 27 50 FEET;
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF M' 3B' S4" FOR AN ARC
LENGTH OF 21 43 FEET, HAVING A CHORD BEARING OF NORTH 18' 39' 53' WEST AND A CHORD
DISTANCE OF 20.89 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT
HAVING A RADIUS OF 77.50 FEET;
Ordinance No. 3499-7-17, Page 5
' EXHEBIT "A"
DESCRIPTION OF PROPERTY cont.
WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 95' 06 38' FOR AN ARC
LENGTH OF 128,51 FEET, HAVING A CHORD BEARING NORTH 43' 50'44" WEST AND A CHORD
DISTANCE OF 114.29 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 27 W FEET.
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 39' 58' Ir' FOR AN ARC
LENGTH OF 19.18 FEET, HAVING A CHORD BEARING NORTH 71' 21' 54" WEST AND A CHORD
DISTANCE OF 1880 FEETTOTHE POINT OF TANGENCY OF SAID CURVE;
NORTH 51' 22'4T WEST, A DISTANCE OF 53.70 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 67.50 FEET;
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13' 59'06' FOR AN ARC
LENGTH OF 16AS FEET, HAVING A CHORD BEARING OF NORTH 44' 23' 12" WEST AND A CHORD
DISTANCE OF 16.43 FEET TO THE POINT OF TANGENCY OF SAID CURVE,
NORTH 37' 23' 39' WEST, A DISTANCE OF 19083 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 1,175 00 FEET;
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 33' 58' OB" FOR AN ARC
LENGTH OF 88881 FEET, HAVING A CHORD BEARING NORTH 20' 24'36" WEST AND A CHORD
DISTANCE OF 888 45 FEET TO THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 500 00 FEET:
WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13' 2T 45" FOR AN ARC
LENGTH OF 117.48 FEET, HAVING A CHORD BEARING OF NORTH 3" 18' 19' EAST AND A CHORD
DISTANCE OF 117 21 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT
' HAVING A RADIUS OF 500.00 FEET,
WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 10° 14' 31" FOR AN ARC
LENGTH OF 89.38 FEET, HAVING A CHORD BEARING OF NORTH 4. 54' 56" EAST AND A CHORD
DISTANCE OF 89.26 FEET TO THE POINT OF TANGENCY OF SAID CURVE;
NORTH 0' 12' 19" WEST, A DISTANCE OF 53.45 FEET TO A POINT FOR CORNER;
NORTH 44' 47' 27" EAST, A DISTANCE OF 66.56 FEET TO THE POINT OF BEGINNING, CONTAINING
A COMPUTED AREA OF 1,468,089 SOUARE FEET OR 33.66 ACRES OF LAND, MORE OR LESS
NOTES
THIS DOCUMENT WAS PREPARED UNDER 22 TAC §883 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 IS PREPARED.
BEARINGS CALLED FOR HEREIN ARE BASED ON THE PLAT OF THE VILLAGE OF TWIN CREEKS PHASE
ONE AS RECORDED IN VOLUME 2015, PAGE 489, P R.0 C T.
' V.V222 "d 2221057918urveyOeenpfonnno579Nem_a_zonin�5-1-17 am Page 2 o(2
Ordinance No. 3499-7-17. Page 6
EXHIBIT "B"
CONCEPTPLAN
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Ordinance No. 3499-7-17, Page 7
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EXHIBIT "C"
BUILDING ELEVATIONS
Ordinance No. 3499-7-17, Page 8
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EXHIBIT "C"
BUILDING ELEVATIONS coot.
Ordinance No. 3499-7-17, Page 9
EXHIBIT"D"
SCREENING PLAN
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Ordinance No.3499-7-17, Page 10
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EXHIBIT "D"
SCREENING PLAN cont.
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Ordinance No. 3499-7-17. Page 11
EXHIBIT "D"
ROADWAY PLAN
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Ordinance No. 3499-7-17, Page 12