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Home My WebLink AboutO-1765-9-99ORDINANCE NO. 1765-9-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT REGULATIONS FOR TRACT 1 OF PLANNED DEVELOPMENT DISTRICT NO. 78, ORDINANCE NO. 1666-12-98; PROVIDING FOR DEVELOPMENT REGULATIONS, CONCEPT PLAN, PHASING PLAN, BUILDING ELEVATIONS, ELEVATIONS OF SCREENING OF TRASH ENCLOSURES AND ELECTRICAL ROOMS, AND CONCEPTUAL LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B," "C," "D," "E," "F" AND "G" RESPECTIVELY, AND BY GRANTING A CHANGE IN ZONING ON TRACT 2 OF PLANNED DEVELOPMENT DISTRICT NO. 78 TO AN AGRICULTURE -OPEN SPACE DISTRICT ON 75.00 ACRES OF LAND IN THE J. DIXON SURVEY, ABSTRACT NO. 276, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 Planting 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 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 Zoning Ordinance No. 1425-5-96 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: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, be amended by amending the Development Regulations for Tract 1 of Planned Development 78, and to grant a change in zoning on Tract 2 from Planned Development District No. 78 to Agriculture -Open Space (AO) for the following -described tract of land: 75.00 acres in the James Dixon Survey, Abstract No. 276, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Development Regulations, Concept Plan, Phasing Plan, Building Elevations, Elevations of Screening of Trash Enclosures and Electrical Rooms, and Conceptual Landscape Plan, attached hereto as Exhibits "B," "C," "D," "E," "F" and "G" respectively, are hereby approved, and made part thereof for all purposes. ' SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 8. That 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 TILE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2ND DAY OF SEPTEMBER , 1999. APPROVED: glephed'Terrell, MAYOR APPROVED AS AS TO�FORM:: [ ATTEST: I Peter G. Smith, CNrY ATTORNEY Ju Mo n, CMC, CITY SECRETARY ORDINANCENO. 1765-9-99 PAGE I L I S3NOV 000'OZ — Z lOVUL — w,••.� ., . S3NOv 000'59 - 1 13M-a- aa�w1>aulM ,,, 1101H%3 ONINOZ ;{IEEg;i!t;lf!I!;'!I e,E,fE(�II�{EEI I'. i " i EI•i;;,Eft!p j a !!i,lt N; {!EIf11i{IriE,J, a 1!•11; a E;!fiit!i,�' fill, I! I � ; f � I wq\ I 1 W.. I " x 0= i mos o- ry I�E � I' I 1 I N U I � a Os I In I _—_—__--_ w,1a uo DEVELOPMENT REGULATIONS AUGUST 23. 1999 A. GENERAL: The property shall be developed and used only in accordance with the Concept Site Plan, Phasing Plan, Building Elevations and Conceptual Landscape Plan attached to and trade a part of this ordinance. USES: The property shall be developed and used only in accordance with "CC" Corridor Commercial District Regulations except as amended herein: 2. ALLOWABLE USES 1. Accessory Building 2. Amusement, Commercial (Indoor) 3. Antique Shop (No Outside Storage/Display) 4. Auto, Glass, Muffler, Brake, Oil, Lube, Tires, Battery 5. Auto Laundry 6. Auto Painting or Body Shop 7. Auto Parts Sales (Indoor) 8. Auto Sales & Repair (New and Used) 9. Auto Sales & Repair (Used) WSUP 10. Bakery or Confectionery (Retail) 11. Banks and Financial Institutions 12. Bicycle Shop/Repair Service (No Outside Storage) 13. Book, Card or Novelty Shops 14. Building Materials Sales (Inside Only) 15. Building Materials Sales (Outside Storage) WSUP 16. Bus Stations or Terminals w/SUP 17. Carnival or Circus (Temporary) 18. Carpentry, Painting Shop 19. Church or Rectory 20. Clinic, Doctor or Dentist Office 21. Communication Switching Stations WSUP 22. Concrete or Asphalt Batch Plant (Temporary) 23. Construction Building (Temporary) 24. Day Care for Children (Accessory) 25. Day Care for Disabled and/or Elderly (Accessory) 26. Department or Discount Stores 27, Drug Store or Pharmacy 28. Fabrics or Needlework Shop 29. Fairgrounds or Rodeo (Temporary) 30. Field Office (Temporary) 31. Fitness and Health Center 32. Florist (No Outside Storage) 33. Food Processing (Light) in Restaurants Only 34. Food Stores EXi1IBIT B Page 1 of 4 Ordinance No. 1765-9-99 E 35. Fraternal Organization, Lodge, Civic Clubs 36. Funeral Homes and Mortuaries 37. Furniture and Household Appliance Sales 38. Garage, Auto Repair (Accessory) 39. Garage, Private Parking 40. Garage, Public Parking if Ancillary to Service Adjacent Improvements 41. Gun and Accessory Shop 42. Gymnastics Training Center (or Athletic Facility Indoor) 43. Hardware Store 44. Health Service 45. Helistop (Temporary) 46. Hospital w/SUP 47. Hotel or Motel 48. Install -Radio, Stereo, Cellular Phones 49. Key Shop, Locksmith 50. Laboratories: Dental 51. Lawn Equipment Sales & Repair w/SUP 52. Manufacturing, Light 53. Mass Transit Commuter Pick -Up Service w/SUP 54. Motorcycle Sales & Service (Indoor) 55. Museum, Library, Art Gallery 56. Nursery, Retail Plant 57. Nursing Home w/SUP 58. Office Building 59. Office Showroom/Warehouse 60. Park or Playground (Public) 61. Parking Lot/Structure (Commercial) 62. Personal Service 63. Playfield or Stadium w/SUP 64. Printing or Newspaper Establishment 65. Private Club w/SUP 66. Radio or TV Broadcast Studio 67. Real Estate Sales Office 68. Recreation Area 69. Rental (No Outside Storage) 70. Restaurant (Drive -In or Through) 71. Restaurant (No Drive -In or Through) 72. Restaurant/Private Club w/SUP 73. Retail Store (Indoor) 74. School, Business and Trade 75. School, Public, Proprietary or Denominational w/SUP 76. Service Station 77. Swim or Tennis Club 78. Swimming Pool, Semi -Public (Accessory) 79. Theater (Indoor) 80. Utility Business Office EXIIIBIT B Page 2 of 4 Ordinance No. 1765-9-99 81. Veterinarian (No Outside Runs) 3. AREA REGULATIONS: A. There shall be a minimum front yard having a depth of not less than 130 feet adjacent to US Highway 75 and not less than 50 feet adjacent to Stacy Road and CR 196. The US Highway 75 setback includes 30 feet reserved for future right- of-way acquisition on US 75. It is intended that the ultimate front yard depth along US 75 be a minimum of 100 feet after the future highway widening. 1. Canopies may be located not less than 50 feet from the future street right- of-way line. 2. Electrical/Mechanical equipment areas may protrude into the required setbacks a maximum of twelve (12) feet, for a maximum of 40 feet per equipment area. 3. At the time of Site Plan approval, the building footprints may be adjusted, but shall not extend over the building setback lines except as provided herein. B. Parking shall be allowed in that portion of the required front yard lying further ' than 25 feet from the street right-of-way line adjacent to US 75 and Stacy Road and further than 15 feet from the street right-of-way line adjacent to CR 196. C. All buildings greater than 15,000 square feet shall be setback a minimum of 100 feet from US 75 and Stacy Road, and 70 feet from CR 196. Any building 15,000 square feet or less shall be setback a miribrmm of 50 feet from Stacy Road and CR 196. 4. PHASING OF DEVELOPMENT: Based of the Traffic Impact Analysis, the phasing of development shall be subject to the following: A. The approximate square footage of development is 490,000 square feet of gross leaseable floor area, more or less, including pad sites along Stacy Road. B. Prior to the issuance of a Certificate of Occupancy for no more than 175,150 square feet of gross leaseable floor area, Stacy Road shall be built as a six- lane divided thoroughfare adjacent to the site. Prior to the issuance of a Certificate of Occupancy for the development, the signal at US 75 and Stacy Road shall be financed and installed, subject to TxDot's authorization. At the time that TxDot determines that it is warranted, the signal will be activated. The City and the developer shall utilize best efforts to assure the installation and activation of this signal in a timely mamter. A minimum of 3 lanes of CR 196 shall be built from Stacy Road to the northern most driveway serving the first phase of development. In the event that Stacy Road is constructed west of CR 196 to Watters Road EXHMIT B Page 3 of 4 Ordinance No. 1765-9-99 during the first phase of this development, then the traffic signal at C.R. 196 shall be installed. However, Certificates of Occupancy for development of the pad sites shall not be subject to Stacy Road improvements or signalization. C. Prior to the issuance of a Certificate of Occupancy for 275,188 gross leaseable square feet of floor area, two lanes of concrete frontage road shall be constructed from Stacy Road exit ramp to the northern property line. D. Prior to the issuance of a Certificate of Occupancy for 348,000 gross leaseable square feet of floor area, a minimum of 3 lanes of CR 196 shall be extended to the northern property line, the intersection of Stacy Road and CR 196 will be signalized. 5. PROPERTY ACCESS: Driveway spacing shall be as follows: 1. The main entrance drive into the property from Stacy Road shall be a located a minimum of 350 feet from the midpoint of the arc of US 75 and Stacy Road. This is a partial (hooded) median opening with eastbound left turn into this property. 2. The second entrance drive into the property from Stacy Road shall be located not less than 200 feet from a point which is the center of the first drive described in, Property Access /!1, above to the center of the proposed drive. 3. The center point of the second drive may be a minimum of 200 feet from the eastern boundary of CR 196; and 4. There shall be a maximum of four (4) entry points from this site onto CR 196. 5. The driveway locations on Stacy Road as set forth in Paragraphs 1 through 3 above may be varied by a maximum of 25 feet, but in no event shall driveway spacing be less than 200 feet from center line to center line. 6. At the time of platting sufficient right-of-way shall be dedicated to provide for a continuous right -turn lane on westbound Stacy Road. 7. At the time of platting, sufficient right-of-way shall be dedicated to provide for a deceleration lane on CR 196 at the main driveway. 6. FACILITIES AGREEMENT: Prior to the filing for recordation of the first plat on the property, a facilities agreement or similar agreement will be entered into between the city and the owner/developer, which addresses the funding and timing of required thoroughfare improvements. 7. ROOFTOP EOUIPMENT: All roof top mounted equipment shall be screened from view from the ground level view of pedestrians within the parking areas of this development. 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