O-3685-7-19 ORDINANCE NO.3685-7-19
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,
RELATING TO THE USE AND DEVELOPMENT OF 11.651± ACRES OF LAND
SITUATED IN THE PETER WETSEL SURVEY, ABSTRACT NO. 990 AND LEWIS
WETSEL SURVEY, ABSTRACT NO. 978, PRESENTLY ZONED AS PLANNED
DEVELOPMENT PD NO. 6 SHOPPING CENTER "SC" AND COMMUNITY
FACILITIES "CF" BY CHANGING THE ZONING TO CREATE PLANNED
DEVELOPMENT "PD" NO. 140 WITH A BASE ZONING OF COMMUNITY
FACILITIES"CF"; 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,as previously
amended, by amending changing the zoning relating to the use and development of 11.651± acres of land
situated in the Peter Wetsel Survey,Abstract No. 990 and Lewis Wetsel Survey,Abstract No. 978 described in
Exhibit"A,"attached hereto and incorporated herein by reference("the Property"),from Planned Development
PD No. 6 Shopping Center"SC"and Community Facilities"CF"to Planned Development"PD"No. 140 with
a base zoning of Community Facilities"CF,"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 as modified by the Development Regulations
set forth below:
A. BASE ZONING DISTRICT: The Property shall be developed and used in accordance with the use
and development regulations of Community Facilities"CF"except as otherwise provided below.
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"). Minor
modifications to streets that do not alter the general alignment shown on the Concept Plan may be made
at time of plat approval.
C. BUILDING ELEVATIONS:The structures constructed on the Property shall be developed in general
conformance with the Building Elevations attached hereto as Exhibit"C" and incorporated herein by
reference.
D. GENERAL HEIGHT AND AREA REGULATIONS: The Property shall be developed in
accordance with Section 4.15.3 of the ALDC except as modified below:
Minimum Front Yard Setback 25 feet
Minimum Side Yard Setback 25 feet
Minimum Rear Yard Setback 50 feet
(adjacent to Residential Uses)
Notwithstanding ALDC Section 4.15.1.Lb., the height of buildings constructed on the Property shall
not exceed thirty-five feet(35.0');provided,however:
(1) The maximum height of a building constructed on the Property may exceed thirty-five feet
(35.0') if said building is setback not less than one additional foot beyond the required
minimum setbacks(i.e. front, side,and rear)for each foot or portion of a foot that the building
exceeds thirty-five feet (35.0'); provided, however, in no case shall any building constructed
on the Property exceed a height of forty-five feet(45.0'); and
(2) The maximum height of steeples, domes, and spires may exceed a height of forty-five feet
(45.0')but only in compliance with ALDC Section 4.15.1.Lb.
E. TRAFFIC IMPROVEMENTS:
(1) Right-of-way shall be dedicated as shown on the Concept Plan at time of plat approval.
(2) A deceleration lane on Greenville Avenue shall be constructed as shown on the Concept Plan
concurrently with the construction of the driveway entrance on Greenville Avenue into 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 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.
Ordinance No.3685-7-19,Page 2
EXHIBIT"A"
LEGAL DESCRIPTION
BEING an 11.651 acre tract of land situated in the Peter Wetsel Survey,Abstract No.990 and the Lewis Wetsel
Survey,Abstract No.978,Collin County,Texas and being all of Lot 1,Block A of The Harvest,an addition to
the City of Allen according to the plat recorded in Cabinet 2013,Page 110 of the Plat Records of Collin County,
Texas (PRCCT) and being all of TRACTS 1 and 2 of FOUNTAIN PARK ADDITION SECOND SECTION,
an addition to the City of Allen according to the plat recorded in Volume 8, Page 67 of the Plat Records of
Collin County,Texas(PRCCT)and being more particularly described as follows:
BEGINNING at 5/8 inch iron rod set for corner at the intersection of the southwest line of Rivercrest Boulevard
(variable width)(80'wide at this point)with the southeast line of State Highway No. 5(125'wide at this point);
THENCE departing the southeast line of said State Highway No. 5,with the southwesterly right-of-way line of
said Rivercrest Boulevard as follows:
SOUTH 580 57'47"EAST a distance of 138.82 feet to a 5/8 inch iron rod set for corner;
NORTH 760 02' 13"EAST a distance of 14.14 feet to a 5/8 inch iron rod set for the beginning of a non-
tangent curve to the left having a radius of 751.41 feet and a chord bearing of South 740 27'29"East;
Continuing with said non-tangent curve to the left through a central angle of 30° 59' 29" for an arc
length of 406.44 feet to a 5/8 inch iron rod set for corner and being the end of said curve;
SOUTH 890 56'47"EAST a distance of 290.34 feet to a 5/8 inch iron rod set for corner in the west line
of said 16 feet wide Alley and being the beginning of a non-tangent curve to the right having a radius
of 67.50 feet and a chord bearing of SOUTH 15°32' 43"WEST;
THENCE departing the south line of said Rivercrest Drive and following the west line of said 16 feet wide
Alley as follows:
Continuing with said non-tangent curve to the right through a central angle of 30° 59' 00" for an arc
length of 36.50 feet to a 5/8 inch iron rod set for corner;
SOUTH 31002'13" WEST a distance of 553.78 feet to a 5/8 inch iron rod set for corner and being the
beginning of a curve to the left having a radius of 82.50 feet and a chord bearing of SOUTH 15° 32'
45"WEST;
Continuing with said curve to the left through a central angle of 300 58'56" for an arc length of 44.61
feet to a 5/8 inch iron rod set for the southeast corner of said Lot 1, Block A and being located in the
north line of Pebblebrook Drive(50' wide);
THENCE departing the west line of said 16'wide alley with the north line of said Pebblebrook Drive as follows:
NORTH 890 56' 47"WEST a distance of 345.33 feet to a 5/8 inch iron rod set for the beginning of a
curve to the right having a radius of 701.76 feet and a Chord Bearing of North 74°27' 13"West;
Continuing with said curve to the right through a central angle of 30°58' 31"for an arc length of 379.38
feet to a 5/8 inch iron rod set for corner;
NORTH 580 57' 47"WEST a distance of 48.93 feet to 5/8 inch iron rod set for the southeast corner of
a dedication to the State of Texas recorded in Volume 4456,Page 1589 of the Deed Records of Collin
County,Texas;
Ordinance No.3685-7-19,Page 4
THENCE departing the North Line of said Pebblebrook Drive with the easterly right-of-way line of said State
Highway No. 5 and said dedication to the State of Texas as follows:
NORTH 310 02'48"EAST a distance of 47.29 feet to a 5/8 inch iron rod set for corner;
NORTH 580 57'47"WEST a distance of 95.00 feet to a 3"inch brass disk found for comer;
NORTH 310 02'48 EAST a distance of 236.50 feet to a 3"inch brass disk found for corner;
NORTH 580 57' 12"WEST a distance of 5.00 feet to a 3"inch brass disk found for corner;
NORTH 310 02'48"EAST a distance of 358.35 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 11.651 acres or 507,535 square feet of land more or less.
Ordinance No. 3685-7-19, Page 5
biomyeffaft ftch Legend D d Axa F." aAlm J."L-wd ._
• ... "..
a..
�, � }••�++•'; �.w/g/y� �•,� J
vMKING M
D*NSIONS
„�_ \\•\•`\-'�( W�j/ / a Imo.._ ..y _ %r / wcnnrM arse
„
u
a
sr Po
f ✓
vLEGEND
00
% Wxn Wm,p Gnw j �,E. / \� / �ww1 \ ••�/ /i /T rJ lwwwxri.q.wo..�. �j ISI
`D .•.++ter j y '� EMrtMim' / - r Fw Rawl �•' tl'RMVIrGD SI CTAtl y�.y.
� ' �.'4 .�+...mrr I! � �— • e.�.
f w.. _ ... v� ,`/( �/•r - . +" — '� �' �/ % PD CONCEPT PLAN
Y
----- /:+ �•� r % CHURCH ELEVEN32
- 11651A ES(30'mer'sweSF)suxwc�asaao
�wlwnvesr'�iroowr�a�i T
cam...w� w ram�.Ix r"nr oma+sccaxo
wor=n,couax wuxrr,Taxws
4 � ^.a.f»r'.'.. •�.. �--�,1�"_�.. .-�—.._ �_. ..r— -_� w: O.�l.ns�sm� WuwS,�Oui 151St
,�c
°alJfftf
i rm roarx wwa wwn
Vii" � mew r"�"w5 none ros lnl�a
_ Iunr ireanr
y
00
A ....
SUBMITTAL DATE 06-14-19
�milim CONCEPTUAL EXTERIOR ELEVATIONS S H A N K S
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 9TH DAY OF JULY 2019.
A OVED:
Stephen Terrell,MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, Oty ATTORNEY Shelley B. George, C,CITY SE RETARY
(kbl:6/25/19:109012)
Ordinance No.3685-7-19,Page 3