O-3353-2-16ORDINANCE NO. 3353-2-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS AND ADOPTING A ZONING EXHIBIT FOR
LOTS 2R, 3 AND 4, RHDGEVIEW MEADOW CONDOS, LOTS 5.9, 11R, 12, AND 13,
BLOCK B, STARCREEK COMMERCIAL, AND 1026* ACRES OF LAND IN THE
FRANCIS DASSER SURVEY, ABSTRACT NO. 280, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE
REGULATIONS OF TRACT A WITHIN PLANNED DEVELOPMENT NO. 92;
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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations of Planned Development No. 92 and adopting a Zoning Exhibit for Lots 2R, 3 and 4, Ridgeview
Meadow Condos, Lots 5-9, I IR and 13, Starcreek Commercial, and 10.26* acres of land in the Francis
Dasser Survey, Abstract No. 280, City of Allen, Collin County, Texas described in Exhibit "A", attached
hereto and incorporated herein by reference (collectively 'the Property").
SECTION 2. Tract A-1, as designated below, shall be developed and used in accordance with the
applicable provisions of the Allen Land Development Code, as amended, (the "ALDC") and the use and
development regulations of Planned Development No. 92, as amended ("the PD 92 Regulations") except as
further modified as follows:
A. DESIGNATION OF TRACT A-1: The portions of Tract A (which Tract A is depicted in Exhibit "B"
"Zoning Concept Plan" made a part of Ordinance No. 2272-3-04) which are outlined and depicted on
the Zoning Exhibit attached hereto as Exhibit "B," and incorporated herein by reference, are hereby
collectively designated as "Tract A-1"
B. PERMITTED USES: Tract A-1 shall
be subject
to the following, which shall constitute
'
modifications to the PD 92 Regulations:
(1) In addition to the uses permitted in Tract A of PD 92, the portions of Tract A-1 (as shown in
green and identified in the legend) of Exhibit "B" hereto may be developed and used for the
' following purposes:
(a) Office
(b) Medical or Dental Office
(2) Notwithstanding anything to the contrary herein, no portion of Tract A-1 may he developed
and used for Medical Clinic purposes.
(3) For purposes of this Paragraph B:
(a) "Office Use" shall mean administrative, executive, professional, and/or managerial
premises not a part of retail, wholesale or manufacturing operations. The term
"Office Use" does not include (i) banks or financial institutions, (ii) check cashing
businesses, payday/advance loan businesses, motor vehicle title loan businesses,
money transfer businesses, credit service organizations, or credit access business as
such businesses are defined pursuant to applicable provisions of the Texas Finance
Code and/or the ALDC, or (iii) other similar businesses to those described in (i) or
(ii) of this sentence. A consumer reporting agency, as defined in 15 U.S.C.
§168la(f), may be considered an Office use.
(h) "Medical or Dental Office" shall mean an office where outpatient medical and dental
services are provided by physicians, dentists, chiropractors, optometrists, and similar
medical professionals, and includes physical therapy and counseling services related
' to medical conditions.
(c) "Medical Clinic' shall mean facilities, other than hospitals and medical and dental
offices, where patients are admitted for examinations and treatment by one or more
physicians, on either a "walk-in" or short term appointment basis and treated on an
outpatient basis, but are not admitted for overnight treatment or observation.
"Medical Clinic" includes emergency medical services offered exclusively on an out-
patient basis, such as urgent care centers, as well as licensed facilities offering
substance abuse treatment, blood banks and plasma centers, and day surgery centers.
C. BUILDING HEIGHT. The maximum building height shall be three (3) stories.
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
Ordinance No. 3353-2-16 Page 2
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 9111 DAY OF FEBRUARY 2016.
APPROVED AS TO FORM:
4 Ja :/YliA
Peter G. Sonitfi, CITY ATTORNEY
(WAW/16 ]5240)
1
1
APPR VE
Stephel erreB, MAYO
ATTEST:
Ordinance No. 3353-2-16 Page 3
EXHIBIT "A"
' DESCRIPTION OF 10.26± ACRE PROPERTY
The 10.26± acre portion of the Property consists of the following two tracts:
TRACT I:
Being a tract of land located in the Francis Dosser Survey, Abstract No. 280, City of Allen, Collin
County, Texas and being all of a tract of land described as Phase IIA in deed to Star Creek LLC,
recorded in Document Number 20070214000208610, Deed Records, Collin County, Texas and
being more particularly described as follows:
Beginning at a 3 inch Texas Department ofTransportation aluminum disk (disturbed) found in the
South line of State Highway No. 121, a variable width rightof-way, at the Northwest corner of said
Phase IIA Tract;
Thence North 64 degrees 36 minutes 21 seconds Fast, with said South line, a distance of 350.95 feel
to a 112 inch iron rod with a yellow plastic cap stamped "DAA" found at the Northwest comer of Lm
2, Block A of Starcreek Commercial, an Addition to the City of Allen, Collin County, Texas
according to the Plat thereof recorded in Book 2007, Page 15, Map Records, Collin County, Texas;
Thence South 26 degrees 01 minutes 21 seconds East, leaving said South tine and with the common
line of said Lots, a distance of 288.89 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
"DAA" found at the Southwest comer of said Lot 2 and being an interior comer of this tract;
' Thence North 64 degrees 35 minutes 28seconds East, continuing along said common line,adistance
of 235.65 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the West line
of Watters Road, a variable width right-of-way, at the Southeast comer of said Lot 2, same being the
most Easterly Northeast comer of this tract;
Thence South 29 degmes 15 minutes 02 seconds East, with said West line, a distance of 85.54 feet to
a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner;
Thence South 25 degrees 23 minutes 39 seconds East, a distance of 207.46 feet to an "X" found at
the Southeast comer of said Phase IIA tract and being a common comer of Lot 1, Block A of
Starcreek Commercial, an Addition to the City of Allen, Collin County, Texas according to the Plat
thereofmcorded in Cabinet Q, Slide 511, Map, Records, Collin County, Taxes;
Thence Westerly, along the common line of said Phase IIA tract and said Lot 1, the following three
(3) courses and distances:
South 64 degrees 36 minutes 21 seconds West, leaving said West line, a distance of 60.02 feet to an
"X" found for comer;
North 80 degrees 23 minutes 39 seconds West, a distance of 148.19 feel to an "X" found for corner;
South 64 degrees 36 minutes 21 seconds West, a distance of 644.45 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" found in County Road No. 150, abandoned by City Ordinance
Number 2379-3-05, Volume 6075, Page 4231, Deed Records, Collin County, Texas, sane being the
common West line of the above mention Phase IIA tract;
' Thence North 00 degrees 30 minutes 41 seconds West, with said common line, a distance of 547.45
feet to the Point of Beginning and containing 6.721 acres of land, more or less.
Ordinance No. 3353-2-16, Page 4
TRACT 2:
' GIVING a tract of and located In the FRANCIS D0S3.R SORWEW, AOSTRACT NO, 2110, City of
Ade,, Collin County. Texas and being o part of a trod of land described In Oad to Star Creat:
LLC. rworde t In Ooau nett Number 20070515000662150 ,D"d Records, Collin Gately, Towns;
and Ming mare particularly described m follows:
BOOM at an 'A" et h the North line of mid Star Crwk tract at the Southeast wear of
Lot 3t., ■oak B of STARCRM COMMERCIAL, an Addition to the City of Allen, CoIM County,
Tswe eeerdIng to the Pint thereof recorded In Back 2007, Page 261, Mop Records. Callin
f5eanbf Tee and at the Southwest miner of Lot 11, Block a of said Addition;
THENCE NRtlNoshrIA Bang the mosion Rive of said Star Creek tract and told Addition, the
faeawing 61ns (3) carat and tfatalowl
Nath 37 00 minute 02 abeam Fact, o distance of 41.57 feet to on 1t" found
far cant. at the bs*nfng of a curve to the right having a centra angle of 27 degrees 36
minute 20 seconds, a �odlca of 400.DD feet and c chard Dearing and dhfdnce of hash W
dogree 46 minutes 11 secures East. 190.66 fest;
Northeasterly, along acid curio to Cie right. an oro distonwe of 19272 feet to an 'A' faurd
fa raver;
North 64 regrew 36 minutes 21 aecunds East, a distance of 4&09 test to an '1' set of
it. Narthwed acrrtw of a Irmt of bond desotwd In Dead to Rcsewod Pmpwiy Compory,
recorded N Do mwt Number 20060703000614760, O"d Qacords, Win County, Tisoq
THENCE Southerly, along the comman Westerly IWa of and Rowwood Property, owi, tin
fallowing Ilan (5) courses and distances
South 25 degrees 23 minulcou 39 seconds East. IeoJng the common line of void Star Geek
tract and mid Addition. o distance of 263.37 fest to a 1/2 Inch Iron red with a )WI.
Plastic cop stomped 'DAA' set for comer;
' NOrth 64 egre" 36 mnutes 21 emane East. a distance of 65,00 fest to 0 1/2 inch Iran
rad with a yego% plastic cap stamped -OAA- est fa cane;
South 25 degree 23 minutes 39 wands Eitel, a distance of 266.00 feel to a 1/2 inch
,an rod with a Wm "tic cop damped -DAA- ed for comer,
South 64 degree 35 misrles 21 smands Wast. a datarxo of 2053 tett to a 1/2 Inch Iran
rod with a yeNOW PIOellw cap dcrnpm "DAA' set fa wear.
South 15 degrees 07 minutes 56 swwnds East. a distance of 94.47 feet to a 1/2 Nth Won
rad with o yyeellow plastic cop slanpm "DAA' act for cornu In the North line of Rkdgeds.
Wive, a vw noble width right-of-way, at the begnnatg of a non -tangent curio to the left
hm" a centre angle of 10 degrees 15 minutes 42 seconds, a rata of 1,060.00 fest and
a Mad bowing and distores of South 69 degrees 44 minutes 12 secunda riot, 169.59
test.
THENCE WeeterIA Nth soil Nath line and with mid Cures 10 the Irl, an ora distance of
169.65 fed to a 1/2 Inch son rod with a yeaew plastic cop stamped 'DAA" cel facomer,
THENCE South 64 dsgres, 36 minutes 21 "cantle 'West, continuing with eeW Nath linty, a
dixtartu of 1&72 feel to a 1/2 Inch Iran rod with a Wow plastic cap stamped 'OAA' act for
cannon.
THENCE Northerly, 14141 said North lilt and Ow Ond Obit" lin above menitoned Star Creak
tract. the WOW" than (3) eau and distance:
North 25 degrees 23 nrNut" 39 seconds West, Imvng mid Norm link a dletonce of 36200
rest to a 1/2 Inch ken rod with a yellow plastic cep stcrnpad'DAA' eat for cumw;
South 64 degrees 38 mitut" 21 "wands Wast, a detan" of 90.06 fed to 0 1/2 Inch Yon
rod with a yellow ploalic cep stamped 'DAA' set far comw;
' North 25 aegrom 29 mInules 31 seconds West, 4 distance of 196.57 lost to the POINT OF
BEGINNING and containing 3.536 acres of land, more or less.
Ordinance No. 3353.2.16. Page 5
7
EXHIBIT `B"
Zoning Exhibit for Tract A-1 of PD 92
r�I`,?.�'�b Isi[iusi�'smaalvsHt-rd M331gUtl15
1 `
1
F,7
-
'
At
ra
�nLl
IL
IW L
1-
ly I
II�,I j
Ordinance No. 3353-2-16, Page 6