O-3375-4-16ORDINANCE NO. 3375-4-16
' 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 REZONING 22.6811 ACRES OF
LAND LOCATED IN THE JOSEPH DIXON SURVEY, ABSTRACT NO. 276, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS CORRIDOR
COMMERCIAL ("CC") TO PLANNED DEVELOPMENT NO. 78 (PD 78) FOR
CORRIDOR COMMERCIAL ("CC"); AND BY AMENDING IN THEIR ENTIRETY
THE USE AND DEVELOPMENT REGULATIONS OF SAID PD 78, INCLUDING
ADOPTION OF AN AMENDED CONCEPT PLAN, BUILDING ELEVATIONS; AND
LANDSCAPE PLAN, AND A NEW SIGN PLAN AND CARTS AND KIOSKS SITE
PLAN; 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 (a) changing the zoning of
22.6811 acres of land located in the Joseph Dixon Survey, Abstract No. 276, City of Allen, Collin County,
Texas, being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference
("the Unplatted Tract") which is presently zoned as Corridor Commercial "CC", to Planned Development
District No. 78 (PD 78) for Corridor Commercial ("CC") and (b) by amending in their entirety as set forth in
Section 2, below, the use and development regulations of said PD 78 as adopted pursuant to Ordinance No.
1666-12-98, and amended by Ordinance Nos. 1765-9-99 and 3050-11-11, the land being located within said
PD 78 being the Unplatted Tract and Lot 1R, Block 1, Allen Premium Outlets Addition (the Unplatted Tract
and said Lot 1R hereafter collectively referred to herein as "the Property").
SECTION 2. The Property shall be developed and used to accordance with the provisions of the Allen
Land Development Code, as amended, ("ALDC") applicable to the use and development of property located
in a Corridor Commercial ("C(7") zoning district except to the extent modified by the Development
Regulations set forth below:
' A. 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.
B. LANDSCAPE PLAN: The landscaping for the Property shall be in general conformance with the
Landscape Plan attached hereto as Exhibit "C" and incorporated herein by reference. The
' landscaping for Lot 3 shall be installed substantially in accordance with the Landscape Plan prior to
the issuance of a certificate of occupancy for any tenant space within the Building 5 addition (labeled
as `Building 5" on the Concept Plan, which is that portion of building extending left of "BLDG 5,"
also as labeled on the Concept Plan) or Building 6, as labeled on the Concept Plan. The landscaping
for all other lots shall be installed substantially in accordance with the Landscape Plan prior to the
issuance of a certificate of occupancy for any building on the respective lots.
C. BUILDING ELEVATIONS: The buildings constructed and/or reconstructed on the Property shall
be developed in general conformance with the Building Elevations attached hereto as Exhibit "D" and
incorporated herein by reference.
D. SIGN PLAN: The signage for the Property shall be in general conformance with the Sign Plan
attached hereto as Exhibit "E" and incorporated herein by reference.
E. USES: The Property may be developed and used only in accordance with the following uses,
notwithstanding in the differences between this Ordinance and the provisions of Sections 4.20.2 and
4.20.3 of the ALDC:
(t) The Property may be used for the following purposes as a matter of right, but subject to any
limitations described:
Accessory Building
Amusement, Commercial (Indoor)
Antique Shop, provided that no Outside Storage/Display is permitted
Bakery or Confectionary (Retail)
Banks and Financial Institution
Bicycle Shop/Repair Service, provided that no Outside Storage is permitted
Book, Cud or Novelty Shops
Department or Discount Stores
Drug Store or Pharmacy
Fabrics or Needlework Shop
Firearms Sale & Service
Fitness and Health Center
Florist (No Outside Storage)
Fraternal Organisation, Lodge, Civic Clubs
Furniture/Appliance Sales
Garage Private Parking
Garage, Public Parking if Ancillary to Service Adjacent Improvements
Grocery
Hardware Store
Hotel (limited or full service), but only on Lot 1 and Lot 2, Block A as shown on the Concept
Plan
Key Shop, Locksmith
Museum/Art Gallery
Nursery, Retail plant
Office Use
Park or Playground (Public)
Parking LottStructure (Commercial)
Personal Service
Printing or Newspaper Establishment
Radio or TV Broadcast Studio
Recreation Area
Ordinance No. 3375.416. Page 2
Restaurant (Drive -In or Through)
Restaurant (No Drive -hr or Through)
' Retail Store (Indoor)
Swim or Tennis Club
Theater (Indoor)
Utility Business Office
(2) The Property tray be used for the following purposes only after approval of a Specific Use
Permit:
Bus Stations or Terminals
Church, Temple or Rectory
Communication Switching Stations
Gymnastics and Sports Training Center
Lawn Equipment Sales
Mass Transit Commuter Pick -Up Service
Playfield or Stadium
Private Club
(3) The Property may be used temporarily following issuance of a Temporary Use Permit issued
in accordance with Section 6.04 of the ALDC as amended:
Carnival or Circus
Concrete or Asphalt Batch Plant
Construction Building
' Fairgrounds or Rodeo
Helistop
(4) The following uses constitute permitted accessory uses which may occur on the Property in
association with a primary Permitted Use:
Day Care for Children
Day Care for Disabled and/or Elderly
Swimming Pool (hotel related)
F. BUILDING SETBACKS: The buildings constructed and/or reconstructed on the Property shall he
set back from the property boundaries as shown on the Concept Plan.
G. BUILDING MATERIALS: The building materials on the exterior buildings the Property shall be
as shown on the Building Elevations.
H. DRIVEWAYS, DRIVEWAY SPACING AND STACKING DEPTH: Prior to the issuance of a
certificate of occupancy for any tenant space within the Building 5 addition (labeled as "Building 5"
on the Concept Plan, which is that portion of building extending left of "BLDG 5," also as labeled
on the Concept Plan) or Building 6, the driveways along U.S. 75 shall be constructed or
reconstructed, if necessary, to establish a minimum distance between driveways of 260 feet and a
stacking depth for the driveways, as measured from the proposed right-of-way line to the drive aisle,
of not less than 40 feet.
' 1. ROADWAY IMPROVEMENTS: The deceleration lanes and concrete sidewalks, as shown on the
Concept Plan, shall be constructed with the development and completed before issuance of a
certificate of occupancy for any tenant space within the Building 5 addition (labeled as "Building 5"
on the Concept Plan, which is that portion of building extending left of "BLDG 5," also as labeled
on the Concept Plan) or Building 6, as labeled on the Concept Plan.
Ordinance No. 3375-4-16, Page 3
J. PARKING SETBACK: The parking on the Property shall be constructed and/or reconfigured as
' necessary to be setback from the Property boundaries as shown on the Concept Plan.
K. REQUIRED PARKING: The parking spaces on Lot 3 (as shown on the Concept Plan) shall be
constructed prior to the issuance of a certificate of occupancy for any tenant space within the
Building 5 addition (labeled as "Building 5" on the Concept Plan, which is that portion of building
extending left of "BLDG 5," also as labeled on the Concept Plan) or Building 6, as labeled on the
Concept Plan.
L. LANDSCAPE BUFFER: The landscape buffers along the perimeter of the Property shall be located
and landscaped as shown on the Concept Plan and Landscape Plan, respectively.
M. ROOFTOP EQUIPMENT: All roof top mounted equipment shall be screened from view from
ground level view of pedestrians within the parking areas of the Property.
N. CARTS AND KIOSKS:
(1) A maximum of twelve (12) outdoor kiosks and/or carts, for the sale of retail goods and food,
may be located on the Property in the locations shown on the attached Carts and Kiosks Site
Plan attached hereto as Exhibit "F."
(2) Cans and Kiosks locations may not obstruct fire lanes/emergency access.
O. TEMPORARY USES AND SPECIAL EVENTS:
' (1) Temporary Uses and Special Event Uses shall not be limited by number in a calendar year,
but shall in every instance require the issuance of a temporary use permit in accordance with
Section 6.04 of the ALDC, as amended.
(2) Temporary Uses and Special Event Uses locations may not obstruct fire Imes/emergency
access.
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 he 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 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 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 after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 3375-4-16. Page 4
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 20 DAY OF APRIL 2016.
APPROVED AS TO FORM:
44'-A�'
Peter G. Smith, CITY ATTORNEY
(WQIM1676 )
APPRO
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, - MC, CITY SHCRETARY
Ordinance No. 3375.416. Page 5
EXHBIT "A"
LEGAL DESCRIPTION OF THE UNPLATTED TRACT
' BEING a tract out of the JOSEPH DIXON SURVEY, ABSTRACT NO. 276, City of Allen, Collin County,
Texas, and being a portion of a tract of land described in a deed to Allen Commerce Center, L.P., recorded in
County Clerk's Instrument No. 20061127001670390, Official Public Records, Collin County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 -inch iron rod with plastic cap stamped "WIER & ASSOC INC" at the intersection of
the South right-of-way of Allen Commerce Parkway, a variable width right-of-way, with the Northwest right-
of-way of U.S. Highway No. 75, a variable width right-of-way;
THENCE along said Northwest right-of-way of U.S. Highway No. 75 and the East line of said Allen
Commerce Center tract, the following courses and distances:
South 27 deg. 47 min 19 sec. West, a distance of 134.87 feet to a 5/8 -inch iron rod found;
South 34 deg. 13 min 56 sec West, a distance of 1036.30 feet to a 5/8 -inch iron rod found for comer;
South 37 deg. 00 min 17 sec West, a distance of 423.53 feet to a 1/2 -inch iron rod with plastic cap
stamped "WIER & ASSOC INC" found for corner, said point being the South corner of said Allen
Commerce Center tract, and being the East corner of Lot 1R, Block 1, Allen Premium Outlets, an
addition to the City of Allen, Collin County, Texas, according to the Plat thereof recorded in County
Clerk's Instrument No. 20061213010005400, Official Public Records, Collin County, Texas;
THENCE North 53 deg. 27 min 28 sec West, departing said Northwest right-of-way of U.S. Highway No. 75,
along said Southwest line of Allen Commerce Center tract and said Northeast line of Lot 1-R, a distance of
572.46 feet to a 1/2 -inch iron rod with plastic cap stamped "WIER & ASSOC INC" found for corner, said
point being the Southwest comer of said Allen Commerce Center tract and the Southeast comer of Lot 1,
Block 1, TX DC2, an addition to the City of Allen, Collin County, Texas, according to the Plat thereof
recorded in County Clerk's Instrument No. 20100929010001830, Official Public Records, Collin County,
Texas;
THENCE departing said Northeast line of Lot 1-R, along the East line of said Lot 1, the following courses
and distances:
North 36 deg 53 min 08 we East, a distance of 488.76 feet to a point for comer from which a 1/2 -inch
iron rod with plastic cap stamped "PACHECO" found bears North 27 deg 44 min 31 sec West, a
distance of 0.28 feet;
North 00 deg 00 min 00 we West, a distance of 658.95 feet to a "V" cut in concrete found for comer
on said South right-of-way of Allen Commerce Parkway, said point being the Northeast corner said
Lot 1 and the Northwest comer of said Allen Commerce Center tract;
THENCE North 89 deg 40 min 47 sec East, along said South right-of-way of Allen Commerce Parkway and
the North line of said Allen Commerce Center tract, a distance of 709.81 feet to a 1/2 -inch iron rod with
plastic cap stamped "WIER & ASSOC INC" found for corner, said point being the beginning of a curve to the
right having a radius of 815.00 feet, a central angle of 25 deg 59 min 05 sec, a chord bearing of South 77 deg
' 19 min 41 we East, and a chord length of 366.46 feet;
THENCE continuing along said South right-of-way of Allen Commerce Parkway and the North line of said
Allen Commerce Center tract, and along said curve to the right, an, are distance of 369.62 feet to the POINT
OF BEGINNING.
Ordinance No. 3375.4.16. Page 6
CONTAINING within these metes and bounds 987,965 square feet acres or 22.681 Acres of land, more or
' less.
Bearings shown here on are based upon an on -the -ground Survey performed in the field on the 25th day of
September, 2013, utilizing a G.P.S. measurement (WGS 84) of North 89 deg 40 min 47 sec East, along the
South rightrof-way line of Allen Commerce Parkway as shown on plat recorded in Volume 2009, Page 395,
Official Public Records, Collin County, Texas.
Ordinance No. 3375-4-16, Page 7
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