O-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
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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.
EXHIBIT B
Page 4 of 4
Ordinance No. 17659-99
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