O-2477-1-06ORDINANCE NO. 2477-1-06
' 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 GRANTING A CHANGE IN ZONING FROM "AO"
SPACE TO PD -PLANNED DEVELOPMENT NO. 98 FOR "R4" RESIDENTIAL,
"R5" RESIDENTIAL, "TH" TOWNHOME, AND "CC" CORRIDOR
COMMERCIAL USES, FOR 164.942* ACRES IN THE J. W. PARSONS SURVEY,
ABSTRACT NO. 705, AND THE MARY STANDIFER SURVEY, ABSTRACT
NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT
PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT
REGULATIONS ATTACHED AS EXHIBIT "C"; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABH,ITY CLAUSE; PROVIDING 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, 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 a full and fav 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 the Allen Land Development Code Zoning
Regulations and Zoning Map of the City of Allen, 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 Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting a change in zoning from "AO" Agriculture/Open Space to
Planned Development No. 98 for "R4" Residential, "115" Residential, "TH" Townhome, and "CC" Corridor
Commercial uses, for 164.942* acres in the J. W. Parsons Survey, Abstract No. 705, and the Mary Standifer
Survey, Abstract No. 812, City of Allen, Collin County, Texas, and being further described in Exhibit "A"
attached hereto.
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the
Concept Plan attached as Exhibit "B" and the Development Regulations attached as Exhibit "C," and which
are hereby approved.
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. 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 unwnstitutional,
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 form 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 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 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 l0arr DAY OF JANUARY, 2006.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
APPROVED:
Stepheifterrell, MAYOR
ATTEST:
l�h►_a i I (� f�Ps�A
Shelley B. George, LqEY SECRET
Ordinance No. 2477-1-06, Page 2
ETIIIBFF"A"
' LEGAL DESCRIPTION
TRACT A
BEING, a tract of land situated in the Mary Standifer Survey, Abstract No. 812, in the City of Allen, Collin County,
Texas, being part of a 168.067 acre tract, as described in Clerks File No. 93-0061249, in the Deed Records of Collin
County, Texas, being more particularly described as follows:
BEGINNING, at a'h inch iron rod found at most westerly southwest comer of the 168.067 acre tract;
THENCE, North 00°31'08" East, with most southerly west line of the 168.067 acre tract for a distance of 1321.82 feet to
a'/: inch iron and found at the most westerly northwest comer of the 168.067 acre tract;
THENCE, South 89045'40" East, with the most westerly north line of the 168.067 acre tract for a distance of 715.14 feet;
THENCE, Sou0r 27°03'36" Past, departing said north line for a distance of 127.75 feet;
THENCE, South 14-17'13" West, for a distance of 37.88 feet;
THENCE, South 27°06'18" East, for a distance of 726.35 feet;
THENCE, North 61°40'38" East, for a distance of 220.74 feet to the point of curvature of a curve to the left, having a
radius of 855.00 feet, a central angle of 25°28'28", and a tangent of 193.27 feet;
THENCE, along said curve to the left for an arc distance of 380.14 feet (Chord Bearing North 48056'24" East — 377.02
feet), to the point of tangency;
' THENCE, North 36-12'10" East, for a distance of 508.16 feet to the point of curvature of a curve to the right, having a
radius of 345.00 feet, a central angle of 30°51' 17", and a tangent of 95.21 feet;
THENCE, along said curve to the right for an arc distance of 185.79 feet (Chord Bearing North 51°37'49" East — 183.55
feet), to the point of tangency;
THENCE, North 67°03'27" East, for a distance of 182.42 feet to the point of curvature of a curve to the right, having a
radius of 410.00 feet, a central angle of 23°25'36", and a tangent of 85.01 feet;
THENCE, along said curve to the right for an arc distance of 167.64 feet (Chord Bearing North 78°46' 15" East —166.47
feet), to the point of tangency;
THENCE, South 89°30'5T' East, for a distance of 175.73 feet;
THENCE, South 01°12'30" West, for a distance of 339.85 feet;
THENCE, South 88147'30" East, for a distance of 176.00 feet to the west line of Glendover Park Phase IH, an addition
W the City of Allen, as described in Cabinet L, Page 842 in the Map Recerds of Collin County, Texas,
THENCE, South 01°12'30" West, with the west line of said Phase BI and the west line of Glendover Park Phase V, an
addition m the City of Allen, as described in Cabinet L, Page 188, in said Map Records, for a distance of 1939.02 feet;
THENCE, North 89°40'58" West, departing the west line of said Phase V and with south line of said 168.067 acre tract
for a distance of 798.29 feet;
' THENCE, North 08-17'14" East, for a distance of 702.70 feet;
THENCE, North 89°35'30" West, with a south line of the 168.067 acre tract for a distance of 639.57 feet;
THENCE, North 59°55'59" West, continuing with a south line of the 168.067 acre net for a distance of 278.19 feet;
Ordinance No. 2477-1-06, Page 3
' THENCE, North 16'12'10" West, continuing with a south line of the 168.067 acre tract for a distance of 291.00 feet;
THENCE, South 83°25'50" West, continuing with a south line of the 168.067 acre tract for a distance of 392.40 feet;
THENCE, South 00°18'51" West, continuing with a south line of the 168.067 acre tact for a distance of 35.00 feet to a
'h inch Gon rod found;
THENCE, North 89°41' 10" West, continuing with a south line of the 168.067 acre tact for a distance of 406.48 feet to
the POINT OF BEGINNING and contairung 83.959 acres of land.
Ordinance No. 2477-1-06, Page 4
' TRACT B
BEING, a tract of land situated in the Mary Standifer Survey, Abstract No. 812, in the City of Allen, Collin County,
Texas, being pan of a 168.067 acre tract, as described in Clerks File No. 93-0061249, in the Deed Records of Collin
County, Texas, being more particularly described as follows:
COMMENCING, at a % inch iron rod found at the most westerly northwest turner of the 168.067 acre tract
THENCE, South 89045'40" East, with the most westerly north line of the 168.067 acre tract for a distance of 715.14 feet
to the POINT OF BEGINNING;
THENCE, South 89°45'40" East, continuing with said north line for a distance of 567.14 feet to a 3/8 inch von rod
found;
THENCE, North 00°34'27" West with the most northerly west line of the 168.067 acre tract for a distance of 963.51
feet;
THENCE, North 89°25'33" East, departing said west line for a distance of 150.53 fat to the point of curvature of a
curve to the left, having a radius of 400.00 feet, a central angle of 22°22'07", and a tangent of 79.09 feet;
THENCE, along said curve to the left for an arc distance of 156.16 feet (Chord Bearing North 78°14'30" East— 155.17
feet), to the point of tangency;
THENCE, North 67003'27' East, for a distance of 233.21 feet to the point of curvature of a curve to the right having a
radius of 1425.00 feet a central angle of 23°25'35", and a tangent of 295.45 feet;
' THENCE, along said curve to the right for an are distance of 582.64 feet (Chord Bearing North 78046115" East — 578.59
feet), to the point of tangency;
THENCE, North 89030'5T' West for a distance of 363.13 feet to the west line of a 6.822 acre tract as described in
Volume 4326, Page 3617, of said Deed Records;
THENCE, South 01006'10" West with the west lines of said 6.822 acre tract a 8.222 acre tract as described in Volume
4326, Page 3625, in said Deed Records, and the west line of Glendover Park Phase VII -A, an addition to the City of
Allen, as described in Cabinet O, Page 129, in the Map Records of Collin County, Texas, for a distance of 783.76 feet;
THENCE, South 01012'30" West, continuing with the west line of Glendover Park Phase VII -A and with the west line of
Glendover Park Phase Ili, an addition to the City of Allen, as described in Cabinet L, Page 842, in said Map Records, for
a distance of 573.38 feet;
THENCE, North 88047'30" West departing the west line of said Phase III for a distance of 176.00 feet;
THENCE, North 01012'30" East for a distance of 339.85 feet;
THENCE, North 89030'57" West, for a distance of 175.73 feet to the point of curvature of a curve to the lett, having a
radius of 410.00 feet a central angle of 23025'36", and a tangent of 85.01 feet;
THENCE, along said curve to the left for an are distance of 167.64 feet (Chord Bearing South 78-46115" West — 166.47
feet), to the point of tangency;
' THENCE, South 67003'27" West for a distance of 182.42 feet to the point of curvature of a curve to the left, having a
radius of 345.00 feet a central angle of 30051' 17", and a tangent of 95.21 feet;
THENCE, along said curve to the left for an are, distance of 185.79 feet (Chord Bearing South 51`37'49" West— 183.55
feet), to the point of tangency;
Ordinance No. 2477-1-06, Page 5
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1
THENCE, South 36°12' 10" West, for a distance of 508.16 feet to the point of curvature of a curve to the right, having a
radius o1111,00 feet, a central angle of 25°28'28", and a tangent of 111,21 feet;
THENCE, along said curve to the right for an arc distance of 380.14 feet (Chord Bearing South 48°56'24" West —
377.02 feet), to the point of tangency;
THENCE, South 61040'38"
West, for a distance of 220.74 feet;
THENCE, North 27006'18"
West, for a distance of 726.35 feet;
THENCE, North 14-17'13"
East, for a distance of 37.88 feet;
THENCE, North 27003'36"
West, for a distance of 127.75 feet to the POINT OF BEGINNING and containing 47.685
acres of land.
Ordinance No. 2477-1-06, Page 6
TRACT C
BEING, a tract of land situated in the Mary Standifer Survey, Abstract No. 812, in the City of Allen, Collin County,
Texas, being part of a 168.067 acre tract, as described in Clerks File No. 93-0061249, in the Deed Records of Collin
County, Texas, being more particularly described as follows:
COMMENCING, at a 3/8 inch iron rod found at the most northerly northwest corner of the 168.067 acre tract;
THENCE, South 00°34'27' East, with the most northerly west line for a distance of 382.23 feet to the POINT OF
BEGINNING, said point being on a curve to the right, having a radius of 1200.00 feet, central angle of 25°22'27", and a
tangent of 270.15 feet;
THENCE, departing said west line and along said curve to the right for an arc distance of 531.43 feet (Chord Bearing
South 87°04'29" East — 527.10 feet) to the point of tangency;
THENCE, South 74'23'15" East, for a distance of 168.11 feet to the point of curvature of a curve to the left, having a
radius of 1000.00 feet, central angle of 45017'32", and a tangent of 417.20 feet;
THENCE, along said curve to the left for an arc distance of 790.50 feet (Chord Bearing North 82°56'25" East — 770.07
feet), to the west line to the west line of a 8.5904 acre tmct, as described in Volume 5073, Page 5827, in said Deed
Records;
THENCE, South 00°41' 1T' East, along the west line of said 8.5904 acre tract, the west line of a 19.0165 acre tract, as
described in Volume 4351, Page 1021, of said Deed Records, and the west line of a 5.8166 acre tract, as described in
Volume 4326, Page 3617, of said Deed Records, for a distance of 439.39 feet to a'h inch iron rod found;
THENCE, South 01006'10" West, continuing with the west line of the 5.8166 acre tract and with the west line of a 6.822
acre tract for a distance of 119.04 feet;
THENCE, North 89130'ST' West, departing the west line of the 6.822 acre tract for a distance of 363.13 feet to the point
of curvature of a curve to the left, having a radius of 1425.00 feet, a central angle of 23°25'35", and a tangent of 295.45
feet;
THENCE, along said curve to the left for an arc distance of 582.64 feet (Chord Bearing South 78o46'15" West — 578.59
feet), to the point of tangency;
THENCE, South 67°03'27" West, for a distance of 233.21 feet to the point of curvature of a curve to the right, having a
radius of 400.00 feet, a central angle of 22°22'07", and a tangent of 79.09 feet;
THENCE, along said curve to the right for an arc distance of 156.16 feet (Chord Bearing South 78°14'30" West —
155.17 feet), to the point of tangency;
THENCE, South 89°25'33" West, for a distance of 150.53 feet to the most northerly west line of the aforementioned
168.067 acre tract;
THENCE, North 00°34'27" West, with said west line for a distance of 769.55 feet and containing 19.179 acres of land.
Ordinance No. 2477-1-06, Page 7
' TRACT D
BEING, a tract of land situated in the Mary Standifer Survey, Abstract No. 812, in the City of Allen, Collin County,
Texas, being part of a 168.067 acre tract, as described in Clerks File No. 93-0061249, in the Deed Records of Collin
County, Texas, being more particularly described as follows:
BEGINNING, at a 3/8 inch iron rod found at the most northerly northwest comer of the 168.067 acre tract
THENCE, South 89°47'4T' Fast, with the most easterly north line of the 168.067 acre tract, for a distance of 1452.14
feet to a P.K. nail found at the northeast comer of the 168.067 acre tract, being in the west tine of a 8.5904 acre tract, as
described in Volume 5073, Page 5827, in said Deed Records;
THENCE, South 00°41' 17" East, with the west line of the 8.5904 acre tract for a distance of 354.57 feet to a point on a
curve to the right having a radius of 1000.00 feet, a central angle of 45°17'32", and a tangent of 417.20 feet
THENCE, departing said west line and with said curve to the right for an am distance of 790.50 feet (Chord Bearing
South 82°56'25" West — 770.07 feet), to the point of tangency;
THENCE, North 74123'15" West, for a distance of 168.11 feet to the point of curvature of a curve to the lett having a
radius of 1200.00 feet, a central angle of 25-22'27", and a tangent of 270.15 feet;
THENCE, along said curve to the left for an arc distance of 531.43 feet (Chord Bearing North 87°04'29" West — 527.10
feet), to the most northerly west line of said 168.067 acre tract;
THENCE, North 00134'2T' West with said west line for a distance of 382.23 feet to the POINT OF BEGINNING and
containing 14.119 acres of land.
Ordinance No. 2477-1-06, Page 8
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EXHIBIT °'C^
' DEVELOPMENT REGULATIONS
Tract A — Boyle Farm
1. BASE ZONING DISTRICT: Tract A shall be developed and used only in accordance with the "R4"
Single -Family Residential zoning district regulations of the zoning regulations of the Allen Land
Development Code and the Concept Plan, Exhibit `B," except as otherwise provided herein.
2. PERMITTED USES: The only uses permitted on Tract A are those uses permitted in the "R4"
Single -Family Residential zoning district.
3. CONCEPT PLAN: Tract A shall be developed in general conformance with 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 General Development Plan approval.
4. DENSITY: The maximum number of units shall be 190.
5. LOT AREA: The minimum lot area shall be in accordance with the base zoning district.
6. LOT WIDTH: The minimum lot width shall be eighty feet (80'), except that a maximum of eighty
(80) lots may be seventy five (75') in width.
' 7. LOT DEPTH: The minimum lot depth shall be one hundred twenty feet (120').
8. YARD DEPTH: The minimum yard depth shall be in accordance with the base zoning district.
9. YARD WIDTH: The minimum yard width shall be in accordance with the base zoning district.
10. MAXIMUM BUILDING HEIGHT: 2.5 Stories not to exceed thirty five feet (35') in height.
11. MAXIMUM LOT COVERAGE: 75 percent
12. EXTERIOR BUILDING MATERIALS: The exterior building materials shall be in accordance with
the Allen Land Development Code.
13. OPEN SPACE AND MINIMUM PARKLAND: The property shall be subject to the Allen Land
Development Code requirements for open space, dedication of flood plain and park land, or payment
of fees in lieu of park land dedication, unless a Facilities Agreement is agreed to and approved by the
City Council.
14. STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with
the Allen Land Development Code.
15. ALLEYS: Alleys shall only be required in accordance with the Allen Land Development Code.
' 16. At least three (3) public access points shall be provided to the HOA common area.
Ordinance No. 2477-1-06, Page 10
Tract B — Boyle Farm
' 1. BASE ZONING DISTRICT: Tract B shall be developed and used only in accordance with the "R5"
Single -Family Residential zoning district regulations of the zoning regulations of the Allen Land
Development Code and the Concept Plan, Exhibit "B," except as otherwise provided herein.
2. PERMITTED USES: The only uses permitted on Tract B are those uses permitted in the "R5"
Single -Family Residential zoning district. Rear alleys are not required.
3. CONCEPT PLAN: Tract B shall be developed in general conformance with 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 General Development Plan approval.
4. DENSITY: The maximum number of units shall be 200.
5. LOT AREA: The minimum lot area shall be in accordance with the base zoning district.
6. LOT WIDTH: The minimum lot width shall be sixty two feet (62').
7. LOT DEPTH: The minimum lot depth shall be one hundred twenty feet (120').
S. YARD DEPTH: The minimum yard depth shall be in accordance with the base zoning district.
9. YARD WIDTH: The minimum yard width shall be in accordance with the base zoning district.
'10. MAXIMUM BUILDING HEIGHT: 2.5 Stories not to exceed thirty five feet (35') in height.
11. MAXIMUM LOT COVERAGE: 75 percent
12. EXTERIOR BUILDING MATERIALS: The exterior building materials shall be in accordance with
the Allen Land Development Code.
13. OPEN SPACE AND MINIMUM PARKLAND: The property shall be subject to the Allen Land
Development Code requirements for open space, dedication of flood plain and park land, or payment
of fees in lieu of park land dedication, unless a Facilities Agreement is agreed to and approved by the
City Council.
14. STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with
the Allen Land Development Code.
15. ALLEYS: Rear alleys are not required.
16. At least three (3) public access points shall be provided to the HOA common area.
Ordinance No. 2477-1-06, Page II
Tmct C — Boyle Farm Townhomes Tract
' I. BASE ZONING DISTRICT: Tract C shall be used and developed in accordance with "TH"
Townhome Residential Zoning District Regulations of the zoning regulations of the Allen Land
Development Code and Concept Plan Exhibit `B," except as otherwise provided herein.
2. PERMITTED USES: The only uses permitted on Tract Care those uses permitted in "TH"
Townhome Residential Zoning District
3. CONCEPT PLAN: Tract C shall be used and developed in general conformance with 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 General Development Plan approval.
4. DENSITY: The maximum number of townhomes is one hundred twenty four (124).
5. LOT AREA: The minimum lot area shall be in accordance with the Allen Land Development Code.
6. LOT WIDTH: The minimum lot width shall be in accordance with the Allen Land Development
Code.
7. LOT DEPTH: The minimum lot depth shall be in accordance with the Allen Land Development
Code.
8. YARD DEPTH: The minimum yard depth shall be in accordance with the Allen Land Development
' Code. However, there shall be a minimum 5' front yard setback when a lot is served by a rear alley.
9. YARD WIDTH: The minimum yard width shall be in accordance with the Allen Land Development
Code.
10. MAXIMUM BUILDING HEIGHT: 2.5 stories not to exceed thirty five feet (35') in height.
11. MAXIMUM LOT COVERAGE: 75 percent
12. EXTERIOR BUILDING MATERIALS: The exterior building materials shall be in accordance with
the Allen Land Development Code.
13. OPEN SPACE AND MINIMUM PARKLAND: The property shall be subject to the Allen Land
Development Code requirements for open space, dedication of flood plain and park land, or payment
of fees in lieu of park land dedication, unless a Facilities Agreement is agreed to and approved by the
City Council.
14. STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with
the Allen Land Development Code unless otherwise set forth on the legend of the attached Concept
Plan. However, a cul-de-sac with no 100' right-of-way mm -around at its termination shall be
acceptable, provided that it is served by an alley.
15. ALLEYS: Alleys shall be required in accordance with the Allen Land Development Code. A
' maximum of two (2) units shall be allowed access by a common drive from an alley provided that
each dwelling unit has a minimum of two (2) off-street parking spaces other than the enclosed
parking spaces (the garage) and the common drive.
Ordinance No. 2477-1-06, Page 12
16. OFF STREET PARKING: Four and one half parking spaces per unit shall be provided. Two (2)
' enclosed parking spaces garage, two off-street parking spaces in the driveway of each unit, and at
least one half parking space per unit will be located within 250' of each unit.
Tract D —Boyle Farm Retail Center
1. BASE ZONING DISTRICT: Tract D shall be used and developed only in accordance with "CC"
Corridor Commercial District Regulations of the zoning regulations of the Allen Land Development
Code, and the Concept Plan Exhibit "B," except as otherwise provided herein.
2. CONCEPT PLAN: Tract D shall be developed in general conformance with 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 approval of General Development Plan approval.
3. LOT AREA: The minimum lot area shall be in accordance with the base zoning district.
4. LOT WIDTH: The minimum lot width shall be in accordance with the base zoning district.
5. LOT DEPTH: The minimum lot depth shall be in accordance with the base zoning district.
6. YARD DEPTH: The minimum yard depth shall be in accordance with the base zoning district.
7. YARD WIDTH: The minimum yard width shall be in accordance with the base zoning district
' 1, MAXIMUM BUILDING HEIGHT: 3 stories not to exceed thirty five feet (351.
9. MAXIMUM FLOOR AREA RATIO: 1.0:1
10. MAXIMUM LOT COVERAGE: 75 percent
11. EXTERIOR BUILDING MATERIALS: The exterior building materials shall be in accordance with
the base zoning district.
12. STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with
the base zoning district.
Ordinance No. 2477-1-06, Page 13