O-2269-2-04ORDINANCE NO. 2269-2-04
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, TO
GRANT A CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT
NO. 67, ORDINANCE NO. 1609-7-98 AND ORDINANCE NO. 2105-10-02 TO
ALLOW (1) R7 -RESIDENTIAL USES ON 22.59± ACRES OF LAND, (2) TH-
TOWNHOME USES ON 4.50± ACRES OF LAND, AND (3) LR -LOCAL RETAIL
USES ON 2.081 ACRES OF LAND IN THE J. W. PARSONS SURVEY, ABSTRACT
NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE
APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B" AND
DEVELOPMENT STANDARDS AS EXHIBIT "C"; PROVIDING A SAVINGS
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
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, 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, as amended, be, and the same are hereby, amended by granting a change in
zoning by amending Planned Development No. 67, Ordinance No. 1609-7-98 and 2105-10-02 as heretofore
amended by allowing (1) R7 -Residential uses on 22.59± acres of land, (2) TH-Townhome uses on 4.50±
acres, and (3) LR -Local Retail uses on 2.086± acres of land in the J. W. Parsons Survey, Abstract No. 705,
City of Allen, Collin County, Texas and being further described in Exhibit "A" attached hereto.
SECTION 2. The property shall be developed and used only in accordance with the Concept Plan attached
hereto as Exhibit "B" and the Development Standards attached hereto as Exhibit "C," and which is 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, and all other provisions of the ordinances of the City of Allen not in
conflict with the provisions of this ordinance 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 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 terns of this ordinance
shall be subject to the same penalty as provided for in the 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 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 24ra DAY OF FEBRUARY 2004.
APPROVED:
Ak
' Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. Georgc�,41IMC, CITY SECRETARY
Ordinance No. 2269-2-04, Page 2
EXHIBrr "A"
LEGAL DESCRIPTION
' LEGAL DESCRIPTION (TRACT 1) LR ZONING
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the J.W. Parsons Survey,
Abstract No. 705, and being a part of that 134.6659 acre tract of land conveyed to Watters Branch Limited
Partnership No. 2 as recorded in Volume 4351, Page 1021, Collin County Deed Records, and being further
described as follows:
BEGINNING at the intersection of the southeast line of Ridgeview Drive (a variable width right-of-way)
with the southwest line of Alma Drive (a variable width right-of-way);
THENCE along the southwest line of Alma Drive as follows:
South 26 degrees 15 minutes 13 seconds East, 95.00 feet to a point for corner;
Southeasterly, 133.88 feet along a curve to the left which has a central angle of 03 degrees 42
minutes 23 seconds, a radius of 2069.63 feet, a tangent of 66.97 feet, and whose chord bears South 28
degrees 06 minutes 24 seconds East, 133.86 feet to a point for corner;
Southeasterly, 71.50 feet along a curve to the left which has a central angle of 01 degrees 58
minutes 54 seconds, a radius of 2067.12 feet, a tangent of 35.75 feet, and whose chord bears South 31
degrees 21 minutes 34 seconds East, 71.49 feet to a point for corner;
THENCE South 63 degrees 44 minutes 47 seconds West, 310.69 feet to a point for comer;
' THENCE North 26 degrees 15 minutes 13 seconds West, 300.00 feet to a point for comer in the southeast
line of Ridgeview Drive;
THENCE North 63 degrees 44 minutes 47 seconds East, 300.00 feet along the southeast line of Ridgeview
Drive to the POINT OF BEGINNING and containing 90,713 square feet or 2.082 acres of land.
LEGAL DESCRIPTION (TRACT 21 R-7 ZONING
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the J.W. Parsons Survey,
Abstract No. 705, a part of that 134.6659 acre tract of land conveyed to Watters Branch Limited Partnership
No. 2 as recorded in Volume 4351, Page 1021, Collin County Deed Records, a part of that 21.442 acre tract
of land conveyed to Watters Branch Limited Partnership No. 1 as recorded in Volume 4326, Page 3617,
Collin County Deed Records, a part of that 21.442 acre tract of land conveyed to Watters Branch Limited
Partnership No. I as recorded in Volume 4326, Page 3629, Collin County Deed Records, and being a part of
that 21.442 acre tract of land conveyed to Watters Branch Limited Partnership No. 1 as recorded in Volume
4326, Page 3625, Collin County Deed Records, and being further described as follows:
COMMENCING at the intersection of the southeast line of Ridgeview Drive (a variable width right-of-way)
with the southwest line of Alma Drive (a variable width right-of-way);
THENCE along the southwest line of Alma Drive as follows:
South 26 degrees 15 minutes 13 seconds East, 95.00 feet to a point for comer;
' Southeasterly, 133.88 feet along a curve to the left which has a central angle of 03 degrees 42
minutes 23 seconds, a radius of 2069.63 feet, a tangent of 66.97 feet, and whose chord hears South 28
degrees 06 minutes 24 seconds East, 133.86 feet to a point for comer;
Southeasterly, 71.50 feet along a curve to the left which has a central angle of 01 degrees 58
minutes 54 seconds, a radius of 2067.12 feet, a tangent of 35.75 feet, and whose chord bears South 31
Ordinance No. 2269-2-04, Page 3
degrees 21 minutes 34 seconds East, 71.49 feet to the POINT OF BEGINNING of this tract of land;
' THENCE along the southwest line of Alma Drive as follows:
Southeasterly, 622.83 feet along a curve to the left which has a central angle of 17 degrees 15
minutes 48 seconds, a radius of 2067.12 feet, a tangent of 313.79 feet, and whose chord bears South 40
degrees 58 minutes 48 seconds East, 620.48 feet to a point for corner;
Southeasterly, 438.98 feet along a curve to the left which has a central angle of 12 degrees 10
minutes 55 seconds, a radius of 2064.63 feet, a tangent of 220.32 feet, and whose chord bears South 55
degrees 17 minutes 45 seconds East, 438.15 feet to a point for comer;
South 61 degrees 23 minutes 12 seconds East, 320.16 feet to a point for comer,
THENCE South 89 degrees 10 minutes 55 seconds West, 1961.43 feet to a point for comer,
THENCE North 00 degrees 55 minutes 50 seconds West, 206.48 feet to a point for comer;
THENCE North 00 degrees 55 minutes 51 seconds West, 206.41 feet to a point for comer;
THENCE North 00 degrees 55 minutes 50 seconds West, 158.90 feet to a point for comer,
THENCE North 89 degrees 04 minutes 10 seconds East, 39.33 feet to a point for comer;
THENCE Southeasterly, 110.11 feet along a curve to the right which has a central angle of 28 degrees 40
minutes 37 seconds, a radius of 220.00 feet, a tangent of 56.23 feet, and whose chord bears South 76 degrees
' 35 minutes 32 seconds East, 108.97 feet to a point for comer;
THENCE South 62 degrees 15 minutes 13 seconds East, 150.00 feet to a point for corner;
THENCE North 27 degrees 44 minutes 47 seconds East, 150.00 feet to a point for comer,
THENCE North 77 degrees 44 minutes 47 seconds East, 115.00 feet to a point for corner,
THENCE North 72 degrees 44 minutes 47 seconds East, 50.00 feet to a point for comer;
THENCE North 32 degrees 44 minutes 47 seconds East, 60.00 feet to a point for comer;
THENCE North 63 degrees 44 minutes 47 seconds East, 120.00 feet to a point for corner;
THENCE North 26 degrees 15 minutes 13 seconds West, 10.00 feet to a point for comer;
THENCE North 63 degrees 44 minutes 47 seconds East, 310.69 feet to the POINT OF BEGINNING and
containing 983,999 square feet or 22.590 acres of land.
LEGAL DESCRIPTION (TRACT 3) TH ZONING
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the J.W. Parsons Survey,
Abstract No. 705, a part of that 134.6659 acre tract of land conveyed to Watters Branch Limited Partnership
No. 2 as recorded in Volume 4351, Page 1021, Collin County Deed Records, a part of that 21.442 acre tract
of land conveyed to Watters Branch Limited Partnership No. I as recorded in Volume 4326, Page 3617,
Collin County Deed Records, and being further described as follows:
COMMENCING at the intersection of the southeast line of Ridgeview Drive (a variable width right-of-way)
Ordinance No. 2269-2-04. Page 4
with the southwest line of Alma Drive (a variable width right-of-way);
THENCE South 63 degrees 44 minutes 47 seconds West, 300.00 feet along the southeast line of Ridgeview
Drive to the POINT OF BEGINNING of this tract of land;
THENCE South 26 degrees 15 minutes 13 seconds East, 310.00 feet to a point for corner;
THENCE South 63 degrees 44 minutes 47 seconds West, 120.00 feet to a point for comer;
THENCE South 32 degrees 44 minutes 47 seconds West, 60.00 feet to a point for comer;
THENCE South 72 degrees 44 minutes 47 seconds West, 50.00 feet to a point for corner;
THENCE South 77 degrees 44 minutes 47 seconds West, 115.00 feet to a point for comer;
THENCE South 27 degrees 44 minutes 47 seconds West, 150.00 feet to a point for comer;
THENCE North 62 degrees 15 minutes 13 seconds West, 150.00 feet to a point for comer;
THENCE Northwesterly, 110.11 feet along a curve to the left which has a central angle of 28 degrees 40
minutes 37 seconds, a radius of 220.00 feet, a tangent of 56.23 feet, and whose chord bears North 76 degrees
35 minutes 32 seconds West, 108.97 feet to a point for comer;
THENCE South 89 degrees 04 minutes 10 seconds West, 39.33 feet to a point for comer;
' THENCE North 00 degrees 55 minutes 50 seconds West, 47.36 feet to a point for comer;
THENCE North 01 degrees 10 minutes 13 seconds West, 157.78 feet to a point for corner;
THENCE North 63 degrees 44 minutes 47 seconds East, 574.21 feet to the POINT OF BEGINNING and
containing 196,126 square feet or 4.502 acres of land.
Ordinance No. 2269-2-04, Page 5
I
1
EXHIBIT "B"
CONCEPTPLAN
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11
Ordinance No. 2269-2-04, Page 6
EXHIBIT "C"
DEVELOPMENT REGULATIONS
' TRACT 1
The property shall be developed in accordance with the standards established for the LR zoning
district.
TRACT 2
The property shall be developed in accordance with the standards established for the R-7 zoning
district except as otherwise noted below.
1. Minimum Lot Area: 4,500 square feet.
2. Minimum Front Yard for the Primary Building: 10'. If the primary building includes an
unenclosed porch whose front face is inset and Bush with the front face of the primary building,
the minimum front building line shall be 7'/z . The minimum front yard for an unenclosed front
porch shall be 5'.
3. Minimum Rear Yard for the Primary Building: 10'.
4. Minimum Rear Yard for a Detached Garage: 18'.
' S. Minimum Side Yard: 5' if the primary building is "centered" on the lot. If a "patio home" is
constructed, the following minimum side yards shall apply. The minimum side yard shall be 3'
on one side and 7' on the opposite side of the lots. A 3' maintenance and exclusive use
easement shall be provided in the 3' side yard and dedicated on the final plat.
6. Minimum Lot Width: 40'.
7. Minimum Lot Depth: 105'.
8. Minimum Dwelling Unit Size: 1,600 square feet.
9. Maximum Percent Lot Coverage: 65%.
10. Detached free-standing garages shall be allowed. A minimum of 10' separation shall be
provided between the garage and the primary building.
11. Granny flats or quarters shall be allowed. The maximum area of enclosed space for quarters
shall not exceed six -hundred square feet (600 s.f.).
Ordinance No. 2269-2-04, Page 7
TRACT 3
' The property shall be developed in accordance with the standards established for the TH zoning
district except as otherwise noted below.
1. Minimum Lot Area: 2,200 square feet.
2. Minimum Front Yard for the Primary Building: 10'. If the primary building includes an
unenclosed porch whose front face is inset and flush with the front face of the primary building,
the minimum front building line shall be 7W. The minimum front yard for an unenclosed front
porch shall be 5'.
3. Minimum Side Yard: 5'.
4. Minimum Lot Width: 22'
5. Minimum Lot Depth: 100'
6. Minimum Unit Size: 1,400 square feet
GENERAL CONDITIONS
P
1. Where a porch is provided, each porch shall be unenclosed and have a minimum depth of 6'
and shall not be less than 50 square feet in area. Porch columns shall be appropriate to the
architecture of the structure and will include a variety of round columns, square box columns
with brick or stone bases, and/or turned wood columns.
2. Windows on the front elevations and street side yards shall be appropriate to the architecture of
the structure including, but not limited to, scale, window divisions, and shutters.
3. When dedicated, the "Open Space", as depicted on the Concept Plan, shall satisfy the city's open
space and park land dedications for the development.
Ordinance No. 2269-2-04, Page 8