O-3200-1-14ORDINANCE NO. 3200-1-14
' 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
CHANGING THE ZONING OF 74A7± ACRES OUT OF THE CATHERINE PARSONS
SURVEY, ABSTRACT NO. 711, COLLIN COUNTY, TEXAS, DESCRIBED IN
EXHIBIT "A," ATTACHED HERETO, LOCATED IN AND SUBJECT TO THE
DEVELOPMENT AND USE REGULATIONS OF DISTRICT "D" OF PLANNED
DEVELOPMENT `TD" NO. 108, BY DESIGNATING THE PROPERTY AS
"DISTRICT D-1" AND ADOPTING AMENDED DEVELOPMENT AND USE
REGULATIONS FOR SAID PROPERTY; APPROVING A CONCEPT PLAN;
PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR 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, 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended, should be further amended as follows:
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 Zoning Map of the City of Allen,
Texas, as amended by changing the zoning of 74.47± acres of land out of the Catherine Parsons Survey, Abstract
No. 711, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and
incorporated herein by reference ('the Property"), which is located and subject to the development and use
regulations of District "D" of Planned Development "PD" No. 108 by designating the Property as "District D-1"
and amending the development and use regulations applicable to the Property set forth in Exhibit "B" of
Ordinance No. 304410-11 ("the PD -108 Development Regulations") as follows:
A. Purpose Statement: Notwithstanding Sections 2.5 and 7.1 of the PD -108 Development Regulations,
the purpose of District D-1 is stated as follows:
District D-1 is intended to provide a variety of detached residential product types to target young
professionals and older active adults. The area shall provide civic space that is central to the
community and meets the needs of the residents. Pedestrian connectivity throughout the community
and to adjacent uses is important.
' B. Thorouetpfare Standards: Notwithstanding Section 3.4 of the PD -108 Development Regulations,
inclusive of Illustrations 1 through 5, the thoroughfare standards and authorized on -street parking
locations within District D -I shall be designed, constructed, and/or located in accordance with
Exhibits "C;' "C -I;' "C-2," "C-3," and "C-4," attached hereto and incorporated herein by reference.
C. Streetscapes: Notwithstanding Illustrations 7 and 9 as set forth in Section 3.5 of the PD -108
Development Regulations:
(1) The streetscape patterns for the segment of Exchange Parkway west of Raintree Circle
located within District D -I shall be designed and developed in accordance with Exhibit "C-
5," attached hereto and incorporated herein by reference.
(2) The streetscape patterns for the segments of Watters Road and Bray Central Drive located
within District D-1 shall be designed and developed in accordance with Exhibit "C-6,"
attached hereto and incorporated herein by reference.
D. Street Trees: Notwithstanding Paragraph 1 of Section 3.6 of the PD -108 Development Regulations,
street trees in District D-1 will be located within the parkway strips in accordance with Exhibits "C-
1" through "C-6," and, whenever feasible, tree species and spacing should be matched on both sides
of the street for spatial continuity and uniform canopy cover, unless otherwise specified.
E. Signatte: In accordance with Section 3.8 of the PD -108 Development Regulations, District D -I may
be developed with entry signs located and sized as indicated in Exhibit "D," attached hereto and
incorporated herein by reference, which are adopted herewith as part of the Concept Plan.
F. Screening: Exhibits "D" and "D-1," attached hereto and incorporated herein by reference, shall be
controlling with respect to the location, design, and construction of screening walls within District D-
1 to extent of any conflict with Section 3.5 of the PD -108 Development Regulations.
G. Oven Space and Trall Diagram: District D-1 shall be developed with open space areas and public
' trails substantially in accordance with Exhibit "E," attached hereto and incorporated herein by
reference. To the extent of any conflict in the provisions of Exhibit "E" hereto and Section 3.7 and
Exhibit "D" of the PD -108 Development Regulations, Exhibit "E" hereto shall control.
H. Design Standards: Notwithstanding anything to the contrary in the PD -108 Development
Regulations, the following design standards shall apply to District D-1:
(1) The residential product types and the lots on which they are constructed shall comply with the
following design standards.
* Side yards that front a street.
(2) All front entry lots shall be constructed with stamped concrete driveways.
' (3) All fences located adjacent to an alley shall be set back eleven feet (11.0') from the alley
fight -of -way.
(4) All fences located in a side yard that is adjacent to a street shall be set back fifteen feet (15')
from the front property line.
Ordinance No. 3200-1-14 Page 2
Min.
Min.
Min.
Min.
Min.
Min.
Dwelling
Product
Min. Side
Lot
Max. Lo[
Lot
Lot
Front
Rear
Unit
Type
Setback
Area
Coverage
Width
Depth
Setback
Setback
Size
(sq.ft.)
(s .ft)
A
60'
115'
15'
10'
5'/15'*
7,200
55%
1,800
B
45'-50'
105'
15'
S'
3'/ vm-
4,830
60%
1,800
C
40'
100'
15'
6'
3'/,115'*
4,000
65%
1,800
D
31'
90'
15'
6'
3'/3'/15'*
2,700
70%
1,800
* Side yards that front a street.
(2) All front entry lots shall be constructed with stamped concrete driveways.
' (3) All fences located adjacent to an alley shall be set back eleven feet (11.0') from the alley
fight -of -way.
(4) All fences located in a side yard that is adjacent to a street shall be set back fifteen feet (15')
from the front property line.
Ordinance No. 3200-1-14 Page 2
(5) No franchise utility appurtenance, which extends above adjacent grade (including but not
limited to gas meters, telephone pedestals, electric transformers, etc.), shall be permitted
' within the six-foot rear building setback. Those elements shall be placed in an easement
outside of the six-foot rear building setback. Similarly, no landscaping, extending above
adjacent grade (vertical hardscape, shrubbery, trees, etc.) shall occupy the rear building
setback.
(6) Mailboxes within District D-1 shall be clustered mailboxes satisfying United States Postal
Service requirements and located so that on -street parking cannot obstruct mail delivery.
I. Applicability: Paragraph 2 of Subsection 7.2.1 shall not be applicable to District D-1.
J.
Density: Notwithstanding Section 7.2.2 of the PD -108 Development Regulations, the minimum
required and maximum allowed density within District D-1 shall be 3.8 dwelling units per acre and
6.2 dwelling units per acre, respectively.
K. Conceptual Elevations and Lot Layout: The buildings to be constructed within District D-1 shall
Te designed, constructed, and laid out on lots within District D-1 substantially in accordance with
Exhibits "G," "H," and "I," attached hereto and incorporated herein by reference. To the extent of
any conflict with this Paragraph K and Section 7.2.3 of the PD -108 Development Regulations, this
Paragraph K shall be controlling.
L. Height and Area Regulations: The following height and area regulations shall apply to District D -I
in lieu of those set forth in Section 7.2.4 of the PD -108 Development Regulations:
' Small groups of lots that front a commonly shared civic space, without a public street directly
in front of the lot separating it from the civic space, are allowed as shown on the Concept
Plan provided that:
(a) A minimum of 40 feet from front -face of building to front -face of building is
provided;
(b) Parking is provided by 2 garage or driveway spaces, and 1.5 spaces per lot;
located within a distance no greater than 400 feet of the lot that it serves as
shown on Exhibits "C" and "C-1' ; and
(c) The maximum distance of the commonly shared civic space shall not exceed
450 square feet from right-of-way to right-of-way.
M. Garages: The garage regulations set forth in Section 7.2.5 of the PD -108 Development Regulations
shall be modified with respect to District D-1:
(1) Subsections 7.2.5.2, 7.2.5.3, 7.2.5.6, and 7.2.5.7 are deleted.
(2) Paragraph a. in Subsection 7.2.5.5 is modified to read as follows:
5. For garages/driveways located in the rear of the lot and accessed from an alley, the
face of the garage shall be located as follows:
' a. setback 6 feet from the alley right-of-way; or
b. setback 20 feet or greater from the alley right-of-way.
(3) A new Subsection 7.2.5.8 is added to read as follows:
Ordinance No. 3200-1-14. Page 3
8. All JSwing garage doors on corner lots adjacent to Street Q shall face away
' from Street Q.
N. Homeowners Association: In addition to the provisions of Section 1.5 of the PD -108 Development
Regulations relating to Homeowners Associations ("HOA") , the development of the Property within
District D -I and the HOA established in accordance with such development shall be subject to the
following:
(1) The HOA shall he responsible for:
(a) maintaining and irrigating all community parkland, civic spaces, and street medians
constructed with landscaping;
(b) maintain in a healthy, growing condition all street trees;
(c) maintaining and repairing all sidewalks; and
(d) maintaining all front yards.
(2) Prior to approval of any final plat for the subdivision of any tract within District D-1, the
developer of the Property (or portion thereof) shall enter into an agreement with the City
authorizing and setting forth the developer's and/or HOA's obligations with respect to
performance of maintenance within medians located within public streets and other public
rights-of-way.
' (3) The restrictive covenants for the Property shall include a prohibition for parking within
driveways of a rear entry lot within District D-1 with a garage set back less than 20 feet from
the alley right-of-way, which restrictive covenant shall be enforceable by the HOA.
O. Floodplain Reclamation: Reconfiguration of the Floodplain shall be permitted for the development
of the property within District D-1 provided the following conditions are met in the post -development
runoff condition: no loss of valley storage, zero rise in water surface elevation, and zero increase in
water velocity.
SECTION 2. The Property shall be used and developed in accordance with (i) the PD -108 Development
Regulations as modified by Section 1 of this Ordinance and (ii) the Concept Plan attached hereto as Exhibit
"B" and incorporated herein by reference, which Concept Plan is hereby approved in accordance with Section
1.3.3 of the PD -108 Development Regulations.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of
the Property, 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, 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, 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 cortunitted 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
Ordinance No. 3200-1-14. Page 4
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be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations as
previously amended, and upon conviction shall he 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 of the
caption 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 14m DAY OF JANUARY, 2014.
APPROVED AS TO FORM:
��P e G. SmihCil Attorney
abHW140936)
APPROVED: ���, �(��\y///�
Stephen Terrell, ANQ—ayor
ATTEST:
SheShe IeMC, City�City
Ordinance No. 3200-1-14, Page 5
EXHERIT "A"
PROPERTY DESCRIPTION
' BEING a tract of land situated in the CATHERINE PARSONS SURVEY, ABSTRACT
NUMBER 711, Collin County, Texas and being a portion of Tract 10 and Tract 11 as described in
Deed to Bossy Boots Holdings, LTD., according to the document filed in Volume 5398, Page
6417, Deed Records, Collin County, Texas, and being more particularly described as follows.
COMMENCING a an "X" cut in concrete found for the intersection of the west line of Watters
Road, a 110 fool right-of-way, and the east line of Bray Central Drive, a 90 foot right-of-way, for
the most southerly comer of Bray Cenral One Addition, an Addition to the City of Allen, Collin
County, Texas, according to the plat thereof filed in Cabinet 2010, Slide 26, Map Records, Collin
County, Texas;
THENCE with the southwesterly line of said addition and said east line the following four (4)
courses and distances:
North 50 degrees 32 minutes 07 seconds West, a distance of 224.79 feet to a 1/2 inch iron
rod found for a comer;
North 55 degrees 43 minutes 47 seconds West, a distance of 110.45 feet to a 1/2 inch iron
rod found for a corner,
North 50 degrees 32 minutes 07 seconds West, a distance of 131.56 feel to a 1/2 inch iron
rod with a yellow plastic cap stamped "DAA" ad for comer at the beginning of a curve to
the right having a central angle of 22 degrees 44 minutes 31 seconds, a radius of 2,376.00
fed and a chord bearing and distance of North 39 degrees 09 minutes 52 seconds West,
936.91 fed;
Northwesterly, with said curve to the right, an arc distance of 943.08 fed to a 1/2 inch iron
rod with yellow plastic cap stamped "DAA" set for the northwest comer of the above
mentioned Bray Central One Addition, same point being the POINT OF BEGINNING of
the tract herein described;
THENCE continuing with the common east line of said Bray Central Drive and west line of said
tract, the following four (4) courses and distances:
Northerly, with a curve to the right, having a central angle of 27 degrees 24 mimnes 47
seconds, a radius of 2,376.00 feet and a chord bearing and distance of South 14 degrees 05
minutes 13 seconds East, 1,125.98 feet;
Northwesterly, with said curve to the right, an arc distance of 1,136.79 fed to a 5/8 inch
torn rod found for comer,
Ordinance No. 3200-1.14. Page 6
EXHIBIT "A"
PROPERTY DESCRIPTION (Continued)
' North 00 degrees 22 minutes 49 seconds West, continuing with said common line, a
distance of 1,146.11 feet to a 1/2 inch iron rod with yellow plastic cap stamped "DAA"
ad for comer;
North 04 degrees 48 minutes 51 seconds East, a distance of 110.45 feel to a 1/2 inch iron
rod found for a comer,
North 00 degrees 22 minutes 49 seconds West, a distance of 213.73 feet to a 1/2 inch iron
rod with yellow plastic cap stamped "DAA" set for the northwest corner of said tract at
the intersection of said common line and the south line of Exchange Parkway, a variable
width right-of-way;
'[HENCE leaving said common line and with said south line the following four (4) course and
distances:
North 88 degrees 54 minutes 49 seconds East, a distance of 24.58 feet to a 1/2 inch iron
rod with yellow plastic cap stamped "DAA" set for a comer;
North 89 degrees 47 minutes 41 seconds East, a distance of 140.00 feet to a 5/8 inch hon
rod found for a comer;
North 85 degrees 51 minutes 02 seconds East, a distance of 145.38 feel to a 1/2 inch iron
rod found for a comer;
' North 89 degrees 47 minutes 41 seconds East, a distance of 321.65 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "DAA" set for comer;
1
THENCE South 00 degrees 12 minutes 19 seconds East, leaving said south line, a distance of
233.33 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer at the
beginning of a curve to the left having a central angle of 37 degrees 11 minutes 20 seconds, a
radius of 1.200.00 feetand a chard bearing and distance of South 18 degrees 47 minutes 59 seconds
East, 765.28 feet;
THENCE Southeasterly, with said curve to the let an arc distance of 778.88 feet to a 1/2 inch
hon rod with a yellow plastic cap stamped "DAA" set for comer;
THENCE South 37 degrees 23 minutes 39 seconds East, a distance of 252.08 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "DAA" set for comer at the beginning of a curve to the
left having a central angle of 53 degrees 08 minutes 24 seconds, a radius of 750.00 feet and a chord
bearing and distance of South 63 degrees 57 minutes 51 seconds East, 670.94 feet;
THENCE Southeasterly, with said curve /o the left, an arc distance of 695.60 feel to a 1/2 inch
iron rod with a yellow plastic cap stamped "DAA" set for comer;
Ordinance No. 3200-1-14. Page 7
EXHIBIT "A"
PROPERTY DESCRIPTION (Continued)
' THENCE North 89 degrees 27 minutes 57 seconds East, a distance of 261.01 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "DAA" set for comer in the west line of the above
mentioned Watters Road;
1
THENCE South 00 degrees 32 minutes 03 seconds West, continuing with said west line, a
distance of 1,120.26 feet to a 1/2 inch von rod found for the southeast comer of the above
mentioned Bossy Boots Holdings, LTD. tract, same point being the northeast comer of the above
mentioned Bray Central One Addition;
THENCE South 89 degrees 50 minutes 18 seconds West, leaving said west line and with the
common somh line of said tract: and north line of said Bray Central One Addition, a distance of
1,632.24 feet to the POINT OF BEGINNING and containing 74.470 acres of land, more or less.
Ordinance No. 3200-1-14, Page 8
1
EXHHHT'B"
CONCEPTPLAN
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Ordinance No. 3200-1-14, Page 9
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EXHIBIT "C-1"
STREET WIDTH CROSS-SECTIONS
Ordinance No. 3200.1-14. Page 11
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EXHIBIT "C-2"
STREET WIDTH CROSS-!
Ordinance No. 3200.1-14, Page 12
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EXHH3IT "C-3"
STREET WIDTH CROSS-SECTIONS
1�
it
141
Ordinance No. 3200-1-14 Page 13
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EXHMIT "C-4"
STREET WIDTH CROSS-SECTIONS
Ordinance No. 3200-1-14, Page 14
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EXHIBIT "C-5"
STREET WIDTH CROSS4
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Ordinance No. 3200.1-14, Page 15
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EXHIBIT "C -B'
STREET WIDTH CROSS-!
Ordinance No. 3200-1-14 Page 16
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EXHIBIT "D"
SCREENING & SIGNAGE DIAGRAM
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Ordinance No. 3200-1-14, Page 17
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EXHIBIT "D.I"
SCREENING EXHIBIT
Ordinance No. 3200-1-14 Page 1S
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EXHIBIT "E"
OPEN SPACE & TRAILS DIAGRAM
Ordinance No. 3200-1-14, Page 19
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EXHMIT"F"
CONCEPTUAL ELEVATION & LOT LAYOUT
31' PRODUCT TYPE
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Ordinance No. 3200-1-14, Page 20
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EXHIBIT "G"
CONCEPTUAL ELEVATION & LOT LAYOUT
40' PRODUCT TYPE
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Ordinance No. 3200.1.14. Page 21
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EXHIBIT'7P'
CONCEPTUAL ELEVATION & LOT LAYOUT
46'/49' PRODUCT TYPE
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Ordinance No. 3200-1-14. Page 22
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EXHIBIT -r
CONCEPTUAL ELEVATION & ILLUSTRATIVE
60' PRODUCT TYPE
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Ordinance No. 3200.1-14, Page 23