O-3911-5-22 ORDINANCE NO.3911-5-22
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 REGULATIONS RELATING TO THE USE AND DEVELOPMENT
OF 0.900± ACRES IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711,
LOCATED IN PLANNED DEVELOPMENT "PD" NO. 100 OFFICE "0" BY
CHANGING THE BASE ZONING TO SHOPPING CENTER"SC"AND ADOPTING A
ZONING EXHIBIT, CONCEPT PLAN, LANDSCAPE PLAN, AND BUILDING
ELEVATIONS; 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 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,
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 Zoning Map of the City of Allen,
Texas, as amended, be further amended by amending as set forth in Section 2 of this Ordinance the regulations
relating to the use and development of 0.900± acres of land in the Catherine Parsons Survey, Abstract No. 711,
described in"Exhibit A,"attached hereto and incorporated herein by reference("the Property"),located in Planned
Development"PD"No. 100 Office"O."
SECTION 2. The Property shall be developed and used only in accordance with the applicable provisions of
the Allen Land Development Code,as amended("ALDC")and the development and use regulations of Planned
Development"PD"No. 100,except to the extent modified by the Development Regulations set forth below:
A. BASE ZONING: The Property shall be developed and used only in accordance with the regulations
of the Shopping Center"SC"zoning district except as otherwise provided in this Section 2.
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(the"Concept Plan").
C. LANDSCAPE PLAN: The Property shall be developed in general conformance with the Landscape
Plan attached hereto as Exhibit"C"and incorporated herein by reference(the"Landscape Plan").
D. BUILDING ELEVATIONS: The buildings constructed on the Property shall be developed in general
conformance with the architectural style set forth on the Building Elevations attached hereto as Exhibit
"D"and incorporated herein by reference(the"Building Elevations").
E. SCREENING: The Property shall be screened in accordance with the Landscape Plan.
F. RETAINING WALL AND SLOPE EASEMENT — DEVELOPMENT AGREEMENT: Prior to
issuance of a Development Permit for the construction of any other improvements on the Property,
construction of a retaining wall located on the south side of the Property generally parallel to W.
McDermott Drive (the "Retaining Wall") as shown on the Concept Plan shall be completed and
accepted by the Director of Engineering Services or designee. The Retaining Wall shall be designed
and constructed in accordance with plans and specifications approved by the Director of Engineering
Services or designee. The City Manager is hereby authorized to negotiate and execute a development
agreement on behalf of the City with the owner and/or developer of the Property setting forth the terms
and conditions pursuant to which the City will allow the Retaining Wall to be constructed within an
existing City-owned slope and utility easement that encumbers the Property and is located parallel to
W. McDermott Road and the conditions by which the City agrees to release some or all of said
easement. The City Manager is further hereby authorized to execute on behalf of the City such
documents as necessary to release and abandon so much of said slope and utility easement as the City
Manager, in consultation with the Director of Engineer Services,determines reasonable and necessary
in association with the development of the Property and in the best interest of the City.
G. REAR YARD SETBACK: The rear yard setback for the property shall be zero feet.
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 the Allen Land Development Code, 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, 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 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 of the
caption in accordance with the provisions of the Charter of the City of Allen,and it is accordingly so ordained.
Ordinance No.3911-5-22,Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN
COUNTY,TEXAS,ON THIS THE 10" DAY OF MAY 2022.
APPROVED:
Kenneth M. Fulk,11, AYOR
APPROVED AS TO FORM: ATTEST:
Peter G.Smith,CI Y ATTORNEY Shelley B.George,CiNY C TAR
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Ordinance No. 391 1-5-22, Page 3
EXHIBIT "A"
ZONING EXHIBIT
Ordinance No. 3911- 5-22, Page 4
EXHIBIT "B"
CONCEPT PLAN
Ordinance No. 3911- 5-22, Page 5
EXHIBIT "C" LANDSCAPE PLANOrdinance No. 3911- 5-22, Page 6
01 WEST ELEVATION
FACADE MATERIAL
CALCULATION
%
02 SOUTH ELEVATION
03 EAST ELEVATION
04 NORTH ELEVATION
AT ALLEN, TEXAS
RETAIL
FACADE MATERIAL
CALCULATION
%
FACADE MATERIAL
CALCULATION
%
FACADE MATERIAL
CALCULATION
%
5 KEY PLANN
A301
RETAIL AND RESTAURANT
BEING .900 ACRES LOCATED IN THE
CATHERINE PARSONS SURVEY, ABSTRACT NO 711
CITY OF ALLEN, COLLIN COUNTY
TEXAS
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ECTELEVATIONS
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EXHIBIT "D"
BUILDING ELEVATIONS
Ordinance No. 3911- 5-22, Page 7