O-1281-9-94ORDINANCE NO. 1281-9-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERMANENT ZONING OF
PLANNED DEVELOPMENT NO. 56 ON THE FOLLOWING -DESCRIBED
TRACT OF LAND: 57.6 ACRES OF LAND LOCATED IN THE JOHN
HUFFMAN SURVEY, ABSTRACT NO. 416, CITY OF ALLEN, COL LIN
COUNTY, TEXAS; PROVIDING FOR AREA AND USE REGULATIONS;
PROVIDING FOR A LAND USE PLAN; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY
CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
VULLEREAS, the Planning and Zoning Commission of the City of Allen, 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 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 Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should
be changed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as
previously amended, be and the same is hereby amended by changing the Zoning Map of the City of
Allen to establish permanent zoning of Planned Development No. 56 on 57.6 acres of land located in
the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas.
SECTION 2: The area and use regulations, attached hereto as Exhibit "A," and the land use plan,
attached hereto as Exhibit "B," are made a part hereof for all purposes and shall be adhered to in their
entirety.
SECTION 3: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall
be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances
not in conflict herewith shall remain in full force and effect.
SECTION 4: The property described in Exhibit "C" attached hereto shall be used in the manner and
for the purposes provided for as approved herein.
SECTION 5: 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 Comprehensive Zoning Ordinance No.
829-11-87 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 ($2,000.00) for each offense.
SECTION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
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, TEXAS,
ON THE 1ST DAY OF SEPTEMBER , 1994.
APPROVED AS TO FORM:
A. Do Crowder., CITY ATTORNEY
Ordinance No.
APPROVED:
lP
Jbe Farmer, MAYOR
ATTEST:
Mo n, CMC, CITY SECRETARY
1281-9-94 Page 2
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Ordinance NO. 1201-9-9
Flat Plan� � ,1
Enh�bdt
Land Plan For
MCD RMOTT & CUST R S CORN R
Allen,Texas 57*
Drogheda P
Fundl', LTA
ARCHITECT/ PLANNER
Mr. John Glad, RA
GLAD ASSOCIATES
21 Turtle Creek, Suite 1611 - - -
3883 Turtle Creek Blvd. 0 50 100 200 FEET
Dallas, Tx 75219
. Phone: (214) 521-2553
Fox: (214) 5221-7437
19 August 1994
1 September 1994 Council Meeting
PLANNED DEVELOPMENT ZONING DISTRICT
Southeast Corner of Custer & McDermott (FM 2170)
Allen, Texas
Applicant:
Consultant:
DROGHEDA PARTNERSHIP FUND, LTD.
c/o Kendall Land Corporation
5526 Dyer, Suite 232
Dallas, Texas 75206
GLAD ASSOCIATES
Architecture, Planning & Real Estate Consulting
Program Management Inc.
21 Turtle Creek, Suite 1611
3883 Turtle Creek Blvd.
Dallas,Texas 75219
Ordinance NO. 1281-9-94
EHhibit "B"
57.566 ACRES OF LAND
CUSTER / McDERMOTT, SOUTHEAST CORNER
ALLEN, TEXAS
PLANNED DEVELOPMENT STANDARDS
PROPERTY: Southeast Comer
Custer & McDermott (FM 2170)
Allen, Texas
LAND AREA: 57 566 AC
LOCATION: Western most boundary of Allen bordering City of Plano
LAND USE SCHEDULE:
LAND AREA
CLASSIFICATION
ZONING TRACT (ACRES) LAND USE
CF 1.5 Community Facilities (Public)
LDR 38.8' Single Family Residential
C 17.3 Shopping Center
TOTAL SITE: 57.6 AC
`Including approximately 2.5 AC of open space allocation
1
I M .
57.566 ACRES OF LAND 2
CUSTER / McDERMOTT, SOUTHEAST CORNER
ALLEN, TEXAS
PLANNED DEVELOPMENT: SUMMARY
The subject properly is located at the east boundary of Plano along McDermott Road, FM 2170. The property is
prominent in that it is the west portal to the City of Allen.
This planned development zonings describes four mixed landuses. They are neighborhood retail (C) Shopping Center),
single family residential (LDR), and a community facilities (CF) property planned for public utility needs for the City of
Allen.
ZONING SCHEDULE
LAND USE DENSITY ALLEN ZONING LAND USE
CATEGORY ACREAGE DU/AC * ORDINANCE/SECTION CLASSIFICATION
C 17.3 NA Sec. 3.01 (P) Sc
CF 1.5 NA Public, Sec. 3.01(Y) CF
LDR 38.8 4.6 Sec. 3.01 (E) SF -3
(1)
(OS) (2.5)* NA Sec. 3.01 (X) —
Approx. (1) (2)
' This approximate acreage is included in the LDR land area.
NOTES: (1) Maximum allowable density wherein this zoning district may allow a density less than stipulated (refer
to Land Use Section).
Dwelling Units Per Acre
M. MaDOWT
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Plot Plan +
Land Plan For
MCDERMOTT & CUSTER • SE CORNER
AIIen,Texas 57.6 AC
Drogheda Partnership Fund, LTD
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57.566 ACRES OF LAND
CUSTER / McDERMOTT, SOUTHEAST CORNER
ALLEN, TEXAS
LAND USE ZONING
The Land Use Plan and the zoning regulations herein comprise the zoning and development standards for this
Planned Development District.
TRACT CF: Community Facilities (Public), 1.5 Acres
The purpose of this tract is to place land into public use to provide for future facilities related to
public utilities. This tract will be dedicated to the City of Allen at the time of platting either
Tract LDR, or Tract C.
The schedule for dedication of TRACT CF at platting shall be subject to the following:
a. Dedication of said lands will be completed within five (5) business days from the date of
final plat approval of either TRACT LDR or TRACT C.
b. Should the City of Allen need the water storage site before any portion of this property is
platted, the City of Allen may require the dedication of said site., If the City of Allen fails
to complete the construction of the water tower within two years of dedication, then
ownership shall revert to the property owner and will be zoned as Community Facilities,
and the requirements of the paragraph (a) above shall remain intact.
5
57.566 ACRES OF LAND
CUSTER / McDERMOTT, SOUTHEAST CORNER
ALLEN, TEXAS
TRACT LDR: Low Density Residential, Single Family, Approximately 38.8 Acres
This tract has been developed to permit a maximum density of up to 4.6 DU/AC:
notwithstanding that all Single Family Residential District Regulations of the City of Allen
Comprehensive Zoning will be applicable based on the density equal or less than the 4.6
DU/AC criteria governing this tract.
Generally, the Section 3.01 (E) R-5, Single Family Residential District shall regulate TRACT
LDR except as modified herein.
SECTION 3.01 (E) R-5 Shall be amended herein to allow the following:
a. SIZE OF LOT; the minimum lot area shall be 5,500 SF, notwithstanding the
referenced density criteria stipulated herein.
b. LOT WIDTH; the lot width shall be not less than fifty (50) feet at the front street
building line, nor shall its average width be less than fifty (50) feet.
c. LOT COVERAGE; in no case shall more than sixty (60) percent of the total lot area
be covered by the combined area of the main buildings and accessory buildings.
Any use permitted in the R-4 Single Family Residential Distriet is also allowed within Tract
LDR.
TRACT C: Shopping Center, 17.3 Acres
This tract provides for a medium intensity concentration of shopping and related commercial
activity developed in accordance with the "SC" Shopping Center District Regulations, Section
3.01(P) of the City of Allen Comprehensive Zoning Ordinance.
The Floor Area Ratio (FAR) shall be reduced from the maximum allowable FAR of .25:1 as
per Sec. 3.01 (P) of the City of Allen Comprehensive Zoning Ordinance, subsection 4.c. The
maximum allowable FAR shall be 0.2:1. This is also a reduction of 0.05:1 from the typical
FAR for SC, retail and office uses, identified in TABLE 18 of the 1992
CITY OF ALLEN COMPREHENSIVE PLAN.
N
57.566 ACRES OF LAND
CUSTER / McDERMOTT, SOUTHEAST CORNER
ALLEN, TEXAS
OPEN SPACE ALLOCATION
As per the city of Allen Comprehensive Zoning Ordinance, Section 3.01 (X) "PD"
PLANNED DEVELOPMENT DISTRICT REGULATIONS, subsection 4; Area
Requirements; one (1) acre of land shall be designated and appropriately developed as open or
recreation space, for each seventy-five (75) dwelling units. (1 AC / 75 DU). Notwithstanding
the aforementioned criteria, in this planned development the minimum open space allocation on
this site shall be 2.5 acres.
The OPEN SPACE CONCEPT for this PROPERTY shall be generally described as follows:
a. TRACT CF at 1.5 acres shall be designated as contributing one (1) acre to the total
open space requirement as this property could remain vacant for a period of five (5) to
seven (7) years; as indicated by City of Allen Engineering Department.
b. TRACT LDR shall be considered the zoned area contributing the balance of the open
space allocation required; a minimum area of 1.5 acres.
c. The location of the open space shall be associated with the residential TRACT LDR.
Open Space Designation will be subject to the following:
d. Location, approximate configuration, and utility of open space will be determined
solely by the City of Allen at the time of platting any property in this planned
development; and be one of the referenced open space concepts 61, B2, or B3.
e. Ownership and development of said open space shall be generally with the
landowner/applicant subject to dedication of the required 1.5 acre area as follows. At
platting the City of Allen will have the option to refuse dedication and ownership of the
open space; denial or acceptance of maintenance responsibility; or to waive the
requirement for open space within this planned development.
f. Density factors for the respective zoning tracts shall not be altered or diminished by
designation of this required open space allocation. Said allocation is believed to be
offered as an amenity to the residents of this PROPERTY and to set a standard for
environmental integration of subdivided lands with a recreational and/or natural
experience.
g. An integrated open space allocation may be achieved where adjoining property,
TRACT C and TRACT LDR, elect to submit site plan(s) for preliminary plat approval
illustrating coordinated access to the required open space. However the approval
process for each applicant shall not be delayed subject to circumstances where the
City of Allen may desire to have joint development of these separate platted lands,
based on their relationship to the open space.
Respectfully Submitted
John J. Glad, GLAD
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BOUNDARY SUR V F.Y
JOAN HUFFMAN SURVEY, ABSTRA(T NO. 41 C
COUAN COUNTY. TEXAS
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EXHIBIT A.I. LEGAL DISCRIPTION
2,507,590
SQ.
FT.
/
57.566
ACRES
LEGAL
DESCRIPTION
BEING a tract of land situated In the JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, COLLIN County,
Texas, and being part of a 124 acre tract described in a deed from James L. Angle to R.E. Rasor, atal
and recorded In Volume 389. Page 499, In the COLLIN County Deed Records, and 8130 being a tract of
land conveyed to Lura Beth Smith and W.H. Razor, III, by deed recorded in Volume 1503, Page 18, In
the COLLIN County Deed Records and being more particularly described as follows:
BEGINNING at a corner fence post-1(5un 6r corner In the North line of a called 106.113 acre tract of
land conveyed to OPUBCO �PERTIES. INC. by deed recorded In Volume 1561, Page 905
COLLIN County Deed Records, said point being N 87 deg. 39 min. 15 sec. W, a distance of 101.36 feet
from the Northeast corner of said 106.113 acre tract, said corner fence post also bears N 87 deg. 43
min. W, a distance of 1349. 42 feet from the Southeast corner of said 124 acre tract;
THENCE N 87 deg. 39 min. 15 sec. W. along the North line of said 106.113 acre tract of land, a distance
of 1259.43 feet to a point for corner, said point being in the East line of Custer Road, (F.M. Hwy. 2478),
(90 toot wide right-of-wayl;
THENCE N 0 deg. 40 min. 34 sec W, along the East line of said Custer Road, a distance of 1930.81 feet
to a wooden R.O.W. monument found for corner;
THENCE N 43 deg. 20 min. 19 sec. E, a distance of 64.89 feet to a wooden R.O.W. monument found
for corner, said monument being In the South line of McDermott Road, (F.M. Hwy. 2170), ( 100 foot
wide right-of-way);
THENCE S 89 deg. 52 min. 05 sec. E, along the South line of said McDermott Road, a distance of
1205.36 feet to a 3/8 inch iron rod found for corner, said Iron being the Northwest corner of a called
65.117 acre tract of land conveyed to Mary McDermott by deed recorded In Volume 790, Page 7%,
COLLIN County Deed Records;
THENCE S 0 deg. 43 min. 44 sec. E. along the West line of said 65.117 acre tract, a distance of 846.93
feet to a point for corner;
THENCE S 0 deg. 59 min. 42 sec. E. continuing along the West line of said 65.117 acre tract, a distance
of 1179.96 feet to the POINT OF BEGINNING and containing 2,507,590 square feet or 57.566 acres of
land more or less.
is Ordinance No. 1281-9-94
Enhibit HER
LARGE
BRA IN S
FOR THIS
ORDINANCE/
RESOLUTION
NO* 1281-9-94
CAN BE
FOUND ON
CITY OF ALLEN
35MM ROLL
NUMBERED 5.
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Urban Architecture
Program Management
Real Estate Analysis
Development Planning
24 August 1994
GLAD ASSOCIATES
Mr. Tom Keener, Development Coordinator
Department of Community Development
City of Allen
One Butler Circle
Allen, TX 75002
RE: Planned Development Zoning Application,
City Council Approval
PROPERTY: Southeast Corner Custer & McDermott Roads 57.566 Acres
Dear Tom:
On behalf of Drogheda Partnership Fund, LTD. of Dallas, Texas, we would herein resubmit the enclosed
application for zoning the referenced property. This revised document includes recommendations by the City of
Allen Planning and Zoning Commission where on July 28,1884 this application received unanimous approval.
To the best of our knowledge this zoning request conforms to the City of Allen Subdivision Ordinance No.
12374-94 (Effective May 1, 1994), specifically Section 403: Special Planned Development Zoning
Districts. We also assert that this zoning request is in accordance with the intent of the City of Allen's
Comprehensive Plan.
This planned development district as established herein, is a result of the collective effort of both the City of
Allen Staff and the Owner in delineating the proper zoning on this property that embraces a unique landuse
plan that will service the needs of Allen in a planned growth program.
The Custer/McDermott intersection is a prominent entry portal into the City of Allen. This planned development
shall begin to organize the opportunities Allen may realize in preparation for the future development of it's
western border. We urge strong consideration of the value of the proposed and substantially revised landuse
mix and densities requested. Custer Road falls within the City of Plano and Allen's opportunity is to equalize
the value of development along this corridor, with consistent zoning.
We applaud the stewardship that the City Staff has exhibited in this effort. We thank you, Tom Keener, Bill
Petty, GeoApConnor and Sally Leeper in your collective service on behalf of your community.
21 Turtle Creek, Suite 1611, 3883 Turtle Creek Blvd., Dallas, TX 75219, Phone: 214-521-2553
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
57.6 Acres
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on Wednesday, August 10,' 1994
and which was issued on A u g u s t 10 , 19 9 4
by City - o f Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
(Q4LLc.
SUBSCRIBED AND SWORN to before me this /I day of ,A.D 199�/-
V. A. TODD
My COMMISSION F_XPIRES
December 5, 1996
Publisher's fee $ 15 . 7 5
PUBLIC in and for COLLIN COUNTY, TEXAS
r !
CITY OF ALLEN t
NOTICE OF PUBLIC HEARING I
Notice is hereby given that the Allen City i
f Council will conduct a public hearing at i
their regular meeting to be held on Thurs-'
day, September 1, 1994, at 7.30 p m in the
Council Chambers of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, to
consider a request to zone 57.6 acres of
land for planned development zoning to
include single family, commercial and
community facilities districts.
This request is on property located at the
southeast corner of McDermott Drive (FM
2170) and Custer Road, being 57.6 acres
situated in the John Huffman Survey, Ab-
s stract No. 416, City of Allen,'Collin County,
I Texas
{ Anyone wishing to speak either FOR or
i AGAINST this request is invited to attend
this public hearing and voice his or her
opinion.
I For further information, contact the Depart -
f ment of Community Development, City of
Allen, One Butler Circle, Texas, or by tele-
phoning 727-0120.
/s/ Judy Morrison
City Secretary_
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1281-9-94
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Sept. 7, & Sept. 10,'"1994
and which was issued on
Sept. 7,.1994
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWO to before me this
V. A. TODD ." M /A.D �9
*` MY COMMISSION EXPIRES
_; •••~w" December 5, 1996
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 0 . 5 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
September 1, 1994 (Title and Penalty
Clause only):
Ordinance No. 1281-9-94: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 829-11-87, as Previously
Amended, so as to establish Permanent
Zoning of Planned Development No. 56 on
the following -described tract of land; 57.6
acres of land located in the John Huffman
Survey, Abstract 416, City of Allen, Collin
County, Texas; Providing for Use and Area
Regulations; Providing for a Land Use
Plan; and Providing for a Penalty of Fine
Not to Exceed the Sum of Two Thousand
Dollars ($2,000) for each offense; Provid-
ing for a Severability Clause; and Providing
for the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen as heretofore amended, and
t upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
I A copy of this ordinance may be read or
I purchased in the office of the, City. Secret-
! ary, City of Allen, One Butler Circle, Texas
75002-2773.
/s/ Judy Morrison
�C ty_Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
September 1, 1994 (Title and Penalty
Clause only):
Ordinance No. 1281-9-94: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 829-11-87, as Previously
Amended, so as to establish Permanent
Zoning of Planned Development NW 56 on
the following -described tract of land; 57.6
acres of land located in the John Huffman
Survey, Abstract 416, City of Allen,' Collin
County, Texas; Providing for Use and Area
Regulations; Providing for a Land Use.
Plan; and Providing for a Penalty of Fine
Not to Exceed the Sum of Two Thousand
Dollars ($2,000) for each offense; Provid-
ing for a Severability Clause; and Providing
for the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive,
Zoning Ordinance No. 829-11-87 of the'
City of Allen as heretofore amended, and
upon conviction shall be punished by a fine,
not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
/s/ Judy Morrison
City Secretary