O-3672-5-19 ORDINANCE NO. 3672-5-19
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 FOR A 5.511E ACRE
PORTION OF `TRACT 5" IN "PD" PLANNED DEVELOPMENT NO. 53 AS
ESTABLISHED BY ORDINANCE NO. 1171-5-93,AS AMENDED,AND ADOPTING A
CONCEPT PLAN AND BUILDING ELEVATIONS; PROVIDING A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, 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 the Allen Land
Development Code and Zoning Map of the City of Allen,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 and Zoning Map of the City of Allen,Texas,be amended
by amending as set forth in Section 2, below, the Development Regulations relating to the use and
development of Lot 1R, Block A, Kids R Kids Addition, an addition to the City of Allen, Texas according to
the plat recorded in Book 2013, Page 77, Plat Records, Collin County,Texas ("the Property"),being a 5.511±
acre portion of"Tract 5" in"PD"Planned Development No. 53 established by Ordinance No. 1171-5-93 (the
"PD 53 Regulations").
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 Tract 5 of the PD 53 Regulations except as
modified by the Development Regulations set forth below:
A. CONCEPT PLAN:
(1) The portions of the Property designated as Lot 1 and Lot 2 on the Concept Plan attached
hereto as Exhibit "A," and incorporated herein by reference, shall be developed in general
conformance with the Concept Plan. Minor modifications to streets that do not alter the
general alignment shown on the Concept Plan may be made at the time of Site Plan approval.
(2) The details shown on the Concept Plan for the portion of the Property designated as Lot 3 on
the Concept Plan are solely for illustrative purposes only. No development permit of any
type, including building permits, shall be granted for the development of Lot 3 until a
Concept Plan, Development Regulations, and Building Elevations establishing the site design
and development standards for Lot 3 have been approved in the same manner as a zoning
amendment.
B. BUILDING ELEVATIONS:The structures constructed on the portions of the Property designated as
Lots 1 and 2 on the Concept Plan shall be developed in general conformance with the Building
Elevations attached hereto as Exhibit`B,"and incorporated herein by reference.
C. ADDITIONAL PERMITTED USES: In addition to the uses permitted by the PD 53 Ordinance for
property located within Tract 5, the portions of the Property designated as Lots 1 and 2 as shown on
the Concept Plan may be developed and used for the following purposes:
(1) Office
(2) Medical or Dental Office
D. BUILDING MATERIALS: In addition to the building materials permitted by the PD 53 Ordinance
for property located within Tract 5, with respect to any building constructed on Lot 1 or Lot 2 as
designated on the Concept Plan,no more than ten percent(10%)of the exterior fagade may consist of
synthetic stucco (such as exterior insulation and finish system(EIFS)) used as an architectural accent
material;provided,however,the design and construction of such facade shall at all times comply with
the Building Elevations.
E. TRAFFIC IMPROVEMENTS:
(1) Prior to the issuance of a Certificate of Occupancy for any building constructed on Lot 3,
construction of the southbound right-turn lane on Alma Drive and extension of a westbound
deceleration lane on Exchange Parkway shall be completed and accepted by the City
(collectively,the"Traffic Improvements").
(2) Prior to approval of a building permit for construction of any building located on the portions
of the Property identified as Lot 1 and Lot 2 as shown on the Concept Plan, the owner(s) or
developer(s) of said Lot 1 and/or Lot 2 shall collectively place into escrow with the City, in
accordance with Section 8.25 of the ALDC, the amount of$61,849.20 to be applied to the
cost of construction of the Traffic Improvements; provided, however, if the Traffic
Improvements have been completed and accepted prior to the submission of an application
for a building permit for construction of a building on said Lot 1 or Lot 2, the collective
amount to be paid to the City pursuant to this Paragraph(2) shall be not less than 26.62% of
the actual costs of design and construction of the Traffic Improvements.
(3) The City Manager shall have authority pursuant to Section 8.25.1 of the ALDC to negotiate
and execute a development agreement with the owner(s) of the various portions of the
Property relating to construction of the Traffic Improvements that differ from the provisions
of this Subsection E without requiring an amendment to this ordinance.
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.3672-5-19.Page 2
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 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 28TH DAY OF MAY 2019.
AP VED:
Stephen rrell,Mayor
APPROVED AS TO FORM: ATTEST:
Peter G. Smith,City Attorney She ley B. Ge e,dify Secretary
(kbl:5/15/19:108045)
Ordinance No. 3672-5-19, Page 3
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Ordinance No. 3672-5-19, Page 6