O-2292-6-04ORDINANCE NO. 2292-6.04
' 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 PLANNED DEVELOPMENT 65,
TRACTS 5, 6, AND 7, TO TRACT A-15.866* ACRES FOR TH-TOWNHOME
DISTRICT; AND TRACT B-25.665* ACRES FOR SC -SHOPPING CENTER
DISTRICT; BEING 41.465* ACRES IN THE D. B. HEARNE SURVEY,
ABSTRACT NO. 427, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
FOR A CONCEPT PLAN EXHIBIT `B"; PROVIDING FOR DEVELOPMENT
REGULATIONS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY 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 of the City of Allen 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 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 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 Tracts 5, 6, and 7 of Planned
Development No. 65, as follows:
Tract A: TH — Townhome District on 15.866* acres
Tract B: SC — Shopping Center District on 25.665* acres.
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 which is hereby approved; and the Development Regulations
attached as Exhibit "C."
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 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 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 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 a DAY OF JUNE, 2004.
APPROVED:
AQrjz
StephenTerrell, MAYOR
APPROVED AS TO FORM: ATTEST:
P er G. Smith, CITYATTORNEY Shelley B�, CITY SECRktARY
Ordinance No. 2292-6-04, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' TRACT A
BEING a tract of land located in the D.B. HEARNE SURVEY, ABSTRACT NO. 427, Allen, Collin County,
Texas and being a part of a called 191.789 acre tract of land described as Property A-1 in Deed to Dawnell
Shelley, recorded in Volume 3841, Page 480, Deed Records, Collin County, Texas and being more
particularly described as follows:
COMMENCING from a 5/8 inch iron rod found in the West line of F.M. 2551, a variable width right-of-
way, at the Southeast corner of said Shelley Tract and the Northeast comer of Lot 60 of Easy Acres Addition,
an Addition in the City of Allen, Collin County, Texas, according to the Plat thereof recorded in Volume 6,
Page 87, Map Records, Collin County, Texas;
THENCE South 89 degrees 35 minutes 43 seconds West, along the South line of said Shelley Tract and the
North line of said Addition, a distance of 10.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped
"DAA" set for comer at the POINT OF BEGINNING of the tract herein described;
THENCE South 89 degrees 35 minutes 43 seconds West, continuing along the South line of said Shelley
Tract and the North line of said Addition, a distance of 862.29 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "DAA" set for at the Southeast corner of a tract of land described in Deed to Valhalla
Realty 1, LTD., recorded in Volume 5014, Page 4285, Deed Records, Collin County, Texas;
THENCE Northerly, along the East line of said Valhalla tract, the following eight (8) courses and distances:
' North 00 degrees 16 minutes OS seconds East, a distance of 251.02 feet to a point for corner;
North 14 degrees 40 minutes 37 seconds East, a distance of 99.60 feet to a point for corner;
North 12 degrees 59 minutes 10 seconds West, a distance of 166.76 feet to a point for corner,
North 04 degrees 51 minutes 38 seconds East, a distance of 345.71 feet to a point for comer,
North 01 degrees 55 minutes 35 seconds West, a distance of 128.24 feet to a point for comer at the
beginning of a non -tangent curve to the right having a central angle of 08 degrees 27 minutes 53 seconds,
a radius of 1,055.00 feet, and a chord bearing and distance of South 64 degrees 47 minutes 23 seconds
East, 155.72 feet;
THENCE Southeasterly, along said curve to the right, an are distance of 155.87 feet to a point for corner;
THENCE South 60 degrees 33 minutes 26 seconds East, a distance of 112.03 feet to a point for corner at the
beginning of a curve to the left having a central angle of 29 degrees 24 minutes 10 seconds, a radius of
1,050.00 feet and a chord bearing and distance of South 75 degrees 15 minutes 31 seconds East, 532.94 feet;
THENCE Easterly, along said curve to the left, an are distance of 538.84 feet to a point for comer;
THENCE South 89 degrees 57 minutes 36 seconds East, a distance of 95.00 feet to a point for comer in said
West line of F.M. 2551;
THENCE South 00 degrees 02 minutes 24 seconds West, along said West line of F.M. 2551, a distance of
719.34 feet to the POINT OF BEGINNING and containing 15.866 acres of land, more or less.
Ordinance No. 2292-6-04, Page 3
LEGAL DESCRIPTION
' TRACT B
BEING a tract of land located in the D.B. HEARNE SURVEY, ABSTRACT NO. 427, Allen, Collin County,
Texas and being a part of a called 191.789 acre tract of land described as Property A-1 in Deed to Dawnell
Shelley, recorded in Volume 3841, Page 480, Deed Records, Collin County, Texas and being more
particularly described as follows:
BEGINNING at the intersection of the West line of F.M. 2551, a variable width right-of-way, with the South
line of Shelley Drive, a 60 foot wide right-of-way;
THENCE South 00 degrees 02 minutes 24 seconds West, along the West line of F.M. 2551 a distance of
1,420.29 feet to a point for comer;
THENCE North 89 degrees 57 minutes 36 seconds West, a distance of 95.00 feet to a point for comer at the
beginning of a curve to the right having a central angle of 29 degrees 24 minutes 10 seconds, a radius of
1,050.00 feet and a chord bearing and distance of North 75 degrees 15 minutes 31 seconds West, 532.94 feet;
THENCE Westerly, along said curve to the right, an arc distance of 538.84 feet to a point for comer;
THENCE North 60 degrees 33 minutes 26 seconds West, a distance of 112.03 feet to a point for comer at
the beginning of a curve to the left having a central angle of 08 degrees 27 minutes 53 seconds, a radius of
1,055.00 feet and a chord bearing and distance of North 64 degrees 47 minutes 23 seconds West, 155.72 feet;
' THENCE Northwesterly, along said curve to the left, an arc distance of 155.86 feet to a point for comer;
THENCE North 01 degrees 55 minutes 35 seconds West, a distance of 536.20 feet to a point for comer;
1
THENCE North 07 degrees 22 minutes 46 seconds East, a distance of 325.29 feet to a point for comer;
THENCE North 14 degrees 40 minutes 45 seconds East, a distance of 204.81 feet to a point for corner;
THENCE North 08 degrees 26 minutes 49 seconds West, a distance of 95.78 feet to a point for corner;
THENCE North 89 degrees 08 minutes 17 seconds East, along said South line, a distance of 788.34 feet to
the POINT OF BEGINNING and containing 25.665 acres of land, more or less.
Ordinance No. 2292-6-04, Page 4
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EXHIBIT "C"
DEVELOPMENT REGULATIONS
TRACT A
The properly shall be used and developed only in accordance with the development standards established for
the TH Townhome zoning district in the Allen Land Development Code, except as provided below:
Maximum number of dwelling units: 72
Minimum Average Lot Area:
Minimum Lot Depth:
Minimum Lot Width:
Maximum Lot Coverage:
Minimum Dwelling Sim:
Front Yard Setback:
Rear Yard Setback:
Garage Door Setback:
Side Yard Setback:
Maximum Building Height:
Exterior Construction:
Trees:
Minimum Distance of Open Space between
Townhomes to Southern Boundary with Easy Acres:
Garage Requirements:
2500 square feet
100 feet
25 feet
65%
2000 square feet
10 feet
5 feet
20 feet
15 feet from side street
10 feet building separation
5 feet from open space
44 feet to top of structure
100% masonry (cement fiber products are not
considered masonry)
Two (2) 3 -inch trees per dwelling unit
50 feet
Minimum of 2 -car garage spaces per dwelling unit
with 2 additional spaces in driveway
TRACT B
The property shall be used and developed only in accordance with the development standards established for
the SC Shopping Center zoning district in the Allen Land Development Code.
Ordinance No. 2292-6-04, Page 6
OVERALL DEVELOPMENT REGULATIONS
1.
Fund will he escrowed for the future left -turn lanes on FM 2551 at the time of final plat.
2.
Right -turn lane at the intersection of Chaparral Road and FM 2551 will be built with Chaparral Road
improvements.
3.
All separation islands for parking within the Commercial tract will comply with the City of Allen
ordinances.
4.
FM 2551 mid -block right-of-way shall be 120 feet.
5.
FM 2551 intersection right-of-way shall be 140 feet.
6.
All streets shall conform to the City of Allen Land Development Code.
7.
Drive geometries, median openings, etc. shall conform to the Allen Land Development Code at the
time of General Development Plan and then platting.
g.
A minimum of 3 -foot earthen berms, landscaping, and other materials shall be used to screen and
buffer the commercial development along FM 2551, Shelley Drive, and Chaparral Road within a 20-
foot wide easement.
9.
Dark sky lighting technology shall be used.
10.
There shall be no alley on the southern edge of the Townhome development. Those units will be front
loaded.
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Ordinance No. 2292-6-04, Page 7