O-3312-6-15ORDINANCE NO. 3312-6-15
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, RELATING TO THE USE AND
DEVELOPMENT OF 10.498± ACRES OF LAND LOCATED IN THE DAVID
WETSEL SURVEY, ABSTRACT NO. 977, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, PRESENTLY ZONED AS SHOPPING CENTER (SC) AND PLANNED
DEVELOPMENT NO. 113 FOR MULTI -FAMILY (ME -18) BY CREATING
PLANNED DEVELOPMENT NO 120 FOR TOWNHOME RESIDENTIAL (TH) AND
ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AND
BUILDING ELEVATIONS; 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 relating to the use and development
regulations 10.498± acres of land located in the David Wetsel Survey, Abstract No. 977, City of Allen, Collin
County, Texas, being more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference (`the Property") which is presently zoned as Shopping Center (SC) and Planned Development No.
113 for Multi -Family (MF -18) by establishing Planned Development No. 120 for Townhome Residential
(TH) to be used and developed in accordance with 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, except to the extent modified by the Development Regulations
set forth below:
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance
with the Townhome Residential District (TH) standards of the ALDC, except as otherwise
provided herein.
' 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 the time of platting.
C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with
' the Building Elevations attached hereto as Exhibit "C, and incorporated herein by reference.
D. BUILDING SETBACKS: The side yard setbacks for the Property shall be modified as
follows:
Side Yard Setback: 5 Feet
2. Comer Lot Side Yard: 5 Feet
E. DRIVEWAYS: The driveways shall be treated with a decorative concrete aggregate, with
one of the following finishes:
1. Exposed Aggregate
2. Stained Concrete
3. Salt Finished Concrete
F. SCREENING: Screening on the Property shall be developed in general conformance with
the Concept Plan.
G. TREE PLANTING: Two shade trees shall be planted for each dwelling unit. A minimum
of one tree shall be planted within the front yard of each dwelling unit. If the remaining
shade tree cannot be planted within the front yard, it shall be planted within the open space
' areas of 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 he controlling.
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SECTION 4. Should any word, sentence, paragraph, subdivision, clause, pbrase 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. 3312-6-15, Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 23RD DAY OF JUNE 2015.
APPROVED AS TO FORM:
Peter G. Smith, CITVATTORNEY
(k6 W11115:72007)
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APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, C, CITY SECRETARY
Ordinance No. 3312-6-15. Page 3
EXHEBIT "A"
LEGAL DESCRIPTION
LEGAL DESCREMON
PARKVIEW AUDITION
10.498 ACRES
BEING a use of lend smaLd no the DAVID WEISEL SURVEY, ABSTRACT NO 977, or the
City of AIm Collin County, Texas and bring a8 of Ids 3R and 4 of PARKVIEW ADDITION,
LOT 211 LOT 3R and LOT 4, an Addition ru the City of AIIQ Com Cordy, Texas wcadmg
to the Plat thereof recorded or Cabdet K, Slide 708, Map Rermdt, Colli. County, Texas and
being put of a tract of land conveyed to Narm to Dmel Johnson acceding m the doowmt
filed of sword ander Vohmc 1939, Page 298, Dmd Records, Collin County, Tens and being
mine particoluly desos3ed as follows:
BEGINNING at so 'X found m the cmaek paving on the east true of State highway NO. 5
((ke®ville Avenue), a variable width nghtof-wry, d the naWwest came of sad Los 4, said
point being m the south lose of Lot I of PARKVIEW AMMON, an Addition to the City of
Alko, Collin Canty, Tens according to the Plat fled 6u record on Cabmd G, Slide 624, Map
Records, Collin Comfy, Tezas;
THENCE South 60 deprn 03 mimes 01 scaada Fast, with the coon line of said Lot 4 and
Los 1, a distumre of 68.95 ket to a 12.1 iron rod wins a yellow plastic cap found for corm;
THENCE Neth 02 degrees 39 minutes 53 seoo.ds East along uid vnsl heq a distance of
27.74 fed to a I2 inch iron rod with a ydlow Plastic cap faand m ud west line sand the cast tine
of the above mentioned Lot 22 said pout being the soutimest comer of lot 1, Bloch I of
SheNm Asses Additiau, an Addition to the City of Allen, Collin Country, Teas according to the
Plat theeof rccatind u C bud L Slide 590, Map Records, Colt. Comfy, Texas',
THENCE Northenslvly, along the common tae of said Lot l and said Johnson tract the
following three (3) muses and distances:
South 87 degrees 29 minutes M seconds Fast a drstame of 17100 led to a I2 mch von
rod mth a yellow plastic asp found for comer,
Nash 50 degrees 05 musks 33 secunda East a distance of 67.95 fed to a 12 Loch iron
rod Loth a ye0ms plastic sip stamped `DAA" setfor cmm;
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Ordinance No. 3312-6.15, Page 4
THENCE South 87 degrees 30 minks 45 wand, East mohmrmg with said commw Ione, a
dramuce of 141.61 led to a 12 duh ora rod with a yellow plastic cap found at the southwest
.of said Int 1;
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THENCE South 87 degrees 27 mmnes 24 seconds East passing at a dstance of 20 00 feet a 1.2
mach am rod wth a red plastic cap found at the most oonhely rmlheast come of not Lot 4,
and mamming for a told distame 314,98 fed to a 12 inch trm rod with a yellow plastic cap
food an the west Ise of the above mesrtiomd Johan tract for the ruttiest cmm of said lot
3R;
THENCE Neth 02 degrees 39 minutes 53 seoo.ds East along uid vnsl heq a distance of
27.74 fed to a I2 inch iron rod with a ydlow Plastic cap faand m ud west line sand the cast tine
of the above mentioned Lot 22 said pout being the soutimest comer of lot 1, Bloch I of
SheNm Asses Additiau, an Addition to the City of Allen, Collin Country, Teas according to the
Plat theeof rccatind u C bud L Slide 590, Map Records, Colt. Comfy, Texas',
THENCE Northenslvly, along the common tae of said Lot l and said Johnson tract the
following three (3) muses and distances:
South 87 degrees 29 minutes M seconds Fast a drstame of 17100 led to a I2 mch von
rod mth a yellow plastic asp found for comer,
Nash 50 degrees 05 musks 33 secunda East a distance of 67.95 fed to a 12 Loch iron
rod Loth a ye0ms plastic sip stamped `DAA" setfor cmm;
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Ordinance No. 3312-6.15, Page 4
EXHIBIT "A"
LEGAL DESCRIPTION cont.
South 87 degrees 29 minter 54 wonds Fist, a distance of 108.83 feet to a 12 inch am
and with a ymllm plastic cap stamped -DAA" set m the wast true of Juputa Road a 70'
right -of -wry, said pont bemg the southeast cans of said Lot 1;
THENCE Scarth 02 degrees 31 records 33 commons Weak along said west line, a dulanco of
553 33 feet to 12 hah trm rod with a yellow plastic cap romped `DAA" set at the woWeut
tamer of said Johnson tract and the mtheast corm of Victoria Garda>t an Addition to the Ctly,
of Allen, Collin Canty, Taus, according to the Plat thereof recardad m ®biat M Slide 1, Map
Records, Collin Couwy, Tans;
THENCE North 87 degrees 28 mummer 38 seconds West. along the common lime of said
Johnson trap and said Victoria Gardm a distance of 330.00 fret to a 12 nch dew mdwith a red
plastic cap fond at the southwest comer of said Johoxn tract and the southeast career of the
above onen¢ond Lac 4,
THENCE South 69 degrees 48 mimmes 00 seconds Werk along the compo lime of said Lot 4
and said Vhctona Garden, a donne of 353.91 feet to a 12 much room rod fend at the southwest
cameo of said Lot 4 and the nedruen coney of mid Victoria Cmdm, said pont bang the
somhem comer ofFloodway Rightaf Way Tract One ofthe Pahview Addition. an Addition to
the City of AlkQ Collm County, Teen, according to the Plat therenf recorded or Cabimet G.
' Slide 768, Maas Records, Collor Comfy, Tans;
THENCE northwemerly, along the coon lice of said Lot 4 and said Floodaay Right -of -Way
Tenet 1, the follawmg four (4) courw and disnoces'
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North 27 degrees 16 monster 41 seconds West, a distance of 88.55 fief to a 12 each cron
rod (bent) fend for coy,
North 23 degas 59 mettles 34 seconds West, a duhnc of 200.41 fat to a 12 mrh iron
red with a and plastic cap found for comer,
North 26 degas 51 comites 11 seconds West, a distance of 128 47 fat to a 12 inch one
rod with a red plastic cap fend for corer,
North 63 degrees 25 mmdes 07 seconds West. a danuce of 100.12 feet to a 12 inch ono
rod with a red plaster cap found m the above mentioned not Ione of State Highway NO.
5;
THENCE South 24 degees 30 counter 14 seconds West with mid east hue, a diahnne of 9103
fret to a 12 an& tion rod witlr a ycUm plastrc cap shaped "DAA" set for the eon center
of the above mattoud Tran I and muth comer of a trut of land conveyed b 1kDOT,
according an the Plat filed for rend or Doai®ont N®ber 98-0120534, Map Rends, Collor
County, Teaar;
N\PImml4*Com1',1015 CamoT6111SPadaiw L011A Doxnemudx Pate 2rt3
Ordinance No. 3312.6.15 Page 5
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EXHIBIT "A"
LEGAL DESCRIPTION cont.
THENCE Nash 51 degrees 10 >®ees 31 secunda West, kaawg said common corns, a
distance of 10.89 fed to a IR mrh is. rod with a yellotr plastic cap stamped "DAA" set for
comer,
THENCE Ov and across said TsDOT tract the fo0mrmt; four (4) courses and duourc s:
North 30 degrees 01 surname; 36 seconds East, a destaux of 54.60 feet to a 12 mcb von
and with a yellow plasec cap stamped "DAA" sd for comer;
Nath 59 degrees 58 minutes 24 seconds Weal, a durance of 16 00 fret to a 12 inch iron
and with a yellm plaahc cap stamped 'DAA'sd fw coma:
Nath 23 degrees 25 mimnes 06 wands Fast, a distance of 160.00 feet to a 12 men von
rod with a yellow Plastic cap stamped "DAA" W fa coma,
North 30 degrees 01 nmmtes 36 seconds East, a dimmae of 124.22 feet to a 12 inch von
sod with a yet = plastic cap stamped "DAA" set for comer m the above mentioned Lot
I,
THENCE South 59 de rets 58 ro miles 29 seconds East, troth the sommoa lose of the ahme
mentioned Lot 4 and I w 1, a dirhne of 12 51 fed m the POLNT OF BEGINNING and
comours.g 10498 asses of land man a less.
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Ordinance No. 3312-6.15, Page 6
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EXHHtIT `B"
CONCEPTPLAN
Ordinance No. 3312.6.15 Paae 7
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EXHIBIT"C"
' BUILDING ELEVATIONS cont.
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Ordinance No.3312-6-15.Page 9
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EXHIBIT "C"
BUILDING ELEVATIONS cont.
Ordinance No. 3312.615. Page 10
EXHIBIT "C"
BUILDING ELEVATIONS cont.
Ordinance No. 3312-6-15, Page 11
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