O-3215-3-14ORDINANCE NO. 3215-3-14
' 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 WITHIN DISTRICT H OF THE TWIN CREEKS URBAN CENTER
PLANNED DEVELOPMENT PD NO. 108 AND ADOPT A CONCEPT PLAN, LANDSCAPE
PLAN, AND BUILDING ELEVATIONS FOR 5.154± ACRES OF LAND IN THE JOHN FYKE
SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, COLLIN COUNTY, TEXAS;
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 relating to the use and development of 5.154± acres of land in the John Fyke Survey, Abstract No.
325, City of Allen, Collin County, Texas ("the Property") located within District H of the Twin Creeks Urban
Center Planned Development PD No. 108 and more particularly described in Exhibit "A," attached hereto and
incorporated herein, and adopt a Concept Plan, Landscape Plan and Building Elevations for the Property.
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
development regulations within District H of the Twin Creeks Urban Center Planned Development
ordinance and the standards of the Allen Land Development Code ("ALDC"), except as otherwise
provided herein.
B. PERMITTED USES: Notwithstanding Table I of the Twin Creeks Urban Center Planned
Development ordinance as amended, the Property shall be developed and used only for an Assisted
Living/Memory Care Facility.
C. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
' attached hereto as Exhibit "B" and incorporated herein by reference. Minor modifications to streets
that do not alter the general alignment shown on the Concept Plan may be made at the time of Site
Plan approval.
D. ROADWAY IMPROVEMENT PLAN: The Property shall be developed in general conformance
with the Roadway Improvement Plan attached hereto as Exhibit "C," and incorporated herein by
' reference.
E. LANDSCAPE PLAN: The Property shall be developed in general conformance with the Landscape
Plan attached hereto as Exhibit "D," and incorporated herein by reference.
F. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "E," and incorporated herein by reference.
G. BUILDING SETBACKS: The minimum building setback along Stockton Drive shall be 68 feet.
The minimum building setback along Baumgartner Way shall be 25 feet.
H. BUILDING HEIGHT: The building shall be one story with a maximum height of 25 feet.
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 sa�
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 atter 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 25ra DAY OF MARCH, 2014.
APP OVED:
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
C --
Peter
Peter G. Smith, CM ATTORNEY Shelley B. George, TRMC, CITYSECRETARY
(kbl:3/5/14 65060)
Ordinance No. 3215-3-14, Page 2
E7II]BIT ..A,.
LEGAL DESCRIPTION
tsn1111 Ir,la..... 0106:+0 i 2ru7m
BEING 5.154 acres (224,509 square feet) of land in the Sohn Fyke Survey, abstract No.
325, City of Allen, Collin County, Tams saki 5.229 acres (227,771 square feet) of land
bang a portion of that certain tract of land described in a Special Warranty Deed to
Twin Creeks Business Park, Inc. (Hereinafter referred to as Twin Creeks tract), as
recorded in Instrument No. 20120731000930950, Official Pubic Itecads, Colin County,
Texas (O.P.R.C.C.T.); said 5.154 acres (224,509 square feet) being more particularly
described, by neGes and bounds, as follows:
1. South 06 degrees 01 minute 52 seconds East, a distance of 189.17 feet to the
beginning of a curve to the right, whose long chord bears South 08 degrees 24 minutes
26 seconds Wet, a distance of 226.40 feet;
2. Southerly with said curve: to the right having a radius of 454.00 fent, through a
central angle of 28 degrees 52 minutes 37 seconds, for an arc distance of 228.81 feet
to the beginning of a curve to the kft, whose kng chord bears South 17 degrees 58
ninutes 32 seconds West, a distance of 130.39 feet;
3. SmNhedy with said curve to the left having a radius of 768.00 feet, through a
central angle of 9 degrees 44 minutes 21 seconds, fa an arc distance of 130.55 feet to
the Northeast tamer of that certain batt of lard descnhed as a Fvelane, Acres and
Pubic Utility Easement (hereinafter referrers to as Firelane, Access and Public Utility
Easernent), as recorded in Instrunent No. 20121L06001417030, O.P.R.GC.T.;
THENCE crossing sad Twin Creeks tract for the following 7 courses:
Ordinance No. 3215-3-14, Page 3
BEGINNING at the Northeast comer of Said Twin Creeks tract, same being the
Northwest comer of that certain tract of land cl s abed as tot 1, Block A, lots 1, 2, 3, 4
and 5, Block A, WAL-MART SUPERCENTER (hereinafter referred to as Lot 1), an
addition to the City of Allen, Collin County, Teras, according to Me plat thereof
recorded in cabinet 2010, Page 127, Plat Records, Colin County. Teres, same also
being the South kne of tot certain tract of land described in a deed to The Key
partnership No. 2, Ltd. (hereinafter referred to as The Key Parinaskp Na 2 tract), as
recorded m Instrument No. 19931203001057640, O.P.R.CC.T.;
'
THENCE with the common line between said Twin Crean tract and said Lot 1 for the
foiowing 3 courses:
1. South 06 degrees 01 minute 52 seconds East, a distance of 189.17 feet to the
beginning of a curve to the right, whose long chord bears South 08 degrees 24 minutes
26 seconds Wet, a distance of 226.40 feet;
2. Southerly with said curve: to the right having a radius of 454.00 fent, through a
central angle of 28 degrees 52 minutes 37 seconds, for an arc distance of 228.81 feet
to the beginning of a curve to the kft, whose kng chord bears South 17 degrees 58
ninutes 32 seconds West, a distance of 130.39 feet;
3. SmNhedy with said curve to the left having a radius of 768.00 feet, through a
central angle of 9 degrees 44 minutes 21 seconds, fa an arc distance of 130.55 feet to
the Northeast tamer of that certain batt of lard descnhed as a Fvelane, Acres and
Pubic Utility Easement (hereinafter referrers to as Firelane, Access and Public Utility
Easernent), as recorded in Instrunent No. 20121L06001417030, O.P.R.GC.T.;
THENCE crossing sad Twin Creeks tract for the following 7 courses:
Ordinance No. 3215-3-14, Page 3
C
EXEIBIT "A" cont.
LEGAL DESCRIPTION
1. North 82 degrees 21 minutes 23 seconds West with the North line of said Arelane,
Ades and Public Utility Easement, a distance of 2&64 feet to the beginning of a curve;
to the left, whose long chord bears North 86 degrees 26 minutes 43 seconds West a
distance of 153.53 feet;
2. Westerly continue with the Nath line of said Prelane, Access and Public Utility
Easement and with said curve to the let having a radius of 1075.00 feet, through a
cental angle of 8 degrees 11 minutes 24 seconds, for an arc distance of 153.66 feet to
the end of said curve;
3. South 89 degrees 27 minutes 14 seconds West continue with the North line of said
Frelane, Access and Public Utility Easement, passing the Northwest comer of said
Frelane, Access and Public Utility Easement at a distance of 100.28 feet and continuing
with said course for a total distance of 189.38 feet to the beginning of a curve to the
right, whose long chord bears North 47 degrees 59 minutes 45 seconds West, a
distance of 58.16 feet;
C
6. NoMweAerly with sad curve to the right, having a radius of 43.00 feet through a
central angle of 52 degrees 48 minutes 26 seconds, for an arc dtstance of 39.63 feet on
the beginning of a curve to the left whose long chord bears North 17 degrees 31
minifies 20 semnds East, a distance of 272.43 feet;
7. Northeastrly with said curve to the left having a radius of 1040.00 feet, through a
central angle of 15 degrees 03 minutes 07 seconds, for an arc distance of 273.22 feet;
7. North 09 degrees 59 minutes 46 secunds Fast, a distance of 143.76 feet to the
Nath line of the aforesaid Twin Creeks tact;
THENCE Nath 88 degrees 57 minutes 33 seconds East with the common line between
said Twin Creels tract and the aforesaid The Key Partnership No. 2 tact, a distance of
373.38 feet to the PLACE OF BEGINNING, and containing a cakulatad area of 5.154
acres (224,509 square feet) of land.
Ordinance No. 3215-3-14, Page 4
4. Northwesterly with said curve to the right, having a radius of 43.00 feet, through a
central angle of 85 degrees 06 minutes 03 seconds for an arc distance of 63.87 feet to
the beginning of a curve to the left whose Erg chord bears North 16 degrees 36
minutes 00 seconds West, a distance of 41.02 feet;
'
5. Northwesterly with said curve no the left, having a radius of 106.00 feet, through a
central angle of 22 degrees 18 minutes 51 seconds for an am distance of 41.28 feet to
the beginning of a curve to the right whose keg chord beers Nath 01 degree 21
nannies 21 seconds West, a distance of 38.24 feat;
C
6. NoMweAerly with sad curve to the right, having a radius of 43.00 feet through a
central angle of 52 degrees 48 minutes 26 seconds, for an arc dtstance of 39.63 feet on
the beginning of a curve to the left whose long chord bears North 17 degrees 31
minifies 20 semnds East, a distance of 272.43 feet;
7. Northeastrly with said curve to the left having a radius of 1040.00 feet, through a
central angle of 15 degrees 03 minutes 07 seconds, for an arc distance of 273.22 feet;
7. North 09 degrees 59 minutes 46 secunds Fast, a distance of 143.76 feet to the
Nath line of the aforesaid Twin Creeks tact;
THENCE Nath 88 degrees 57 minutes 33 seconds East with the common line between
said Twin Creels tract and the aforesaid The Key Partnership No. 2 tact, a distance of
373.38 feet to the PLACE OF BEGINNING, and containing a cakulatad area of 5.154
acres (224,509 square feet) of land.
Ordinance No. 3215-3-14, Page 4
I
/
I
EXHIBIT
CONCEPTPLAN
Ordinance No. mom & Page 5
I
EXHIBIT "C"
ROADWAY D VROVEMENT PLAN
z V'
z
w
Uwe ao�s
g,€Ngog
a
� N
!gill
x
,/ / ✓ dzt�
Ordinance No. 3215-3.14 Page 6
1
1
EXIDEIT "D°°
LANDSCAPE PLAN
NVId 3dV.)WNVIJKNVEJ
WHI1
-� ONItl33HION3' 3�4�
'Jrunn 0319, SM33K Nv
I
i
igill
3 a ,
_\
Ordinan
@ill
1�
@@
ce No. 3215-3-14, Page 7
1
EXHIBIT "E"
BUILDING ELEVATIONS
Ordinance No. 32153-14, Page 8