O-1747-7-99ORDINANCE NO. 1747-7-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
' COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
AMENDING THE DEVELOPMENT REGULATIONS FOR TRACT ONE OF
PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93, FOR 37.0783
ACRES IN THE L.K. PEGUES SURVEY, ABSTRACT NO 702 AND JOHN FYKE
SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AND BEING FURTHER DESCRIBED IN EXHIBIT "M" ATTACHED HERETO;
PROVIDING FOR DEVELOPMENT REGULATIONS, CONCEPT PLAN,
LANDSCAPE PLAN, AND ELEVATIONS ATTACHED HERETO AS EXHIBITS
"N," "O;' "P," AND "Q," RESPECTIVELY; 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 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, as previously amended, be amended by amending the Development Regulations for Tract One
of Planned Development No. 54, Ordinance No. 1172-5-93, for the following -described tract of land: 37.0853
acres in the L.K. Pegues Survey, Abstract No. 702, and John Fyke Survey, Abstract No. 325, City of Allen,
Collin County, Texas, and being further described in Exhibit "M" attached hereto and made a pan hereof for
all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations, Concept Plan, Landscape Plan, and Elevations, attached hereto as Exhibits "N," "Q" "P,"
and "Q," respectively, and made part hereof for all purposes, provided however a Detail Site Plan and
color architectural renditions of the exterior building elevations must be approved by the City Council prior
to the approval of any plat for any portion of the property and prior to the issuance of any building permit.
SECTION 3. 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, thaz 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, form 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 THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 15Th DAY OF JULY, 1999.
APPROVED:
ei4&—f-1w
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CVY ATTORNEY Judy Mo n, CMC, CITY SECRETARY
Ordinance No. 1747-7-99 Page 2
LEGAL DESCRIPTION
BEING a tract of land situated in the L.K. Pegues Survey, Abstract No. 702, and the John Fyke
Survey, Abstract No. 325, Collin County, Texas and being a portion of the tract called 280 acres as
conveyed to F -W -B Allen Joint Venture 1 by deed recorded in Volume 1870, Page 330 of the Deed
Records , Collin County, Texas, and also being a portion of the tract called 40.482 acres and a
portion of the tract called 31.112 acre conveyed to F -W -B Allen Joint Venture 1 by deed
recorded in Volume 1776, Page 687 of the Deed Records, Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a 5/8' iron rod with red plastic cap found at the intersection of the north right-
of-way line of Exchange Parkway (110' R.O.W.) and the west right-of-way line of U.S. Highway
75, (300' R.O.W) as recorded in Cabinet F, Page 649, Map Records, Collin County, Texas, said
5/8" iron rod being the southeast comer of a 66.6793 acre tract conveyed to Janice B. Briftingham
according to the deed filed for record in Collin County Clerk's File Number 93-0071697, Deed
Records, Collin County, Texas, 5/8' iron rod also being the beginning of a non -tangent curve to
the right whose tangent bearing is South 26 degrees, 55 minutes, 03 seconds West;
THENCE, departing said west right-of-way line, along said north right-of-way line, along said curve
to the right through a central angle of 67 degrees, 22 minutes, 45 seconds, a radius of 33.00 feet,
an arc length of 38.61 feet, a chord bearing of South 60 degrees, 36 minutes, 25 seconds
West, a chord distance of 36.61 feet to a 5/8" iron rod with red plastic cap stamped "RPLS
'
5199" found for the beginning of a tangent curve to the right;
THENCE, continuing along said north right-of-way line, along said curve to the right through a
central angle of 22 degrees, 37 minutes, 12 seconds, a radius of 228.00 feet, an arc length of
90.01 feet, a chord bearing of North 74 degrees, 23 minutes, 36 seconds West, a chord
distance of 89.43 feet to a 5/8' iron rod with red plastic cap stamped "RPLS 5199" found for the
end of said curve;
THENCE, continuing along said north right-of-way line, North 63 degrees, 05 minutes, 00
seconds West, a distance of 90.50 feet to a 1/2" iron rod found, the beginning of a tangent curve
to the left;
THENCE, continuing along said north right-of-way line, along said curve to the left through a
central angle of 90 degrees, 00 minutes, 00 seconds, a radius of 163.00 feet, an am length of
256.04 feet, a chord bearing of South 71 degrees, 55 minutes, 00 seconds West, a chord
distance of 230.52 feet to a 12' iron rod found, the end of said curve;
THENCE, continuing along said north right-of-way line, South 26 degrees, 55 minutes, 00
seconds West, a distance of 71.08 feet to a 1/2" iron rod found, the beginning of a tangent curve
to the right;
'
THENCE, continuing along said north right-of-way line, along said curve to the right through a
central angle of 66 degrees, 06 minutes, 41 seconds, a radius of 33.00 feet, an arc length of
38.08 feet, a chord bearing of South 59 degrees, 58 minutes, 20 seconds West, a chord
distance of 36.00 feet to a 12' iron rod found the beginning of a tangent curve to the right;
EXIIMI 174TH M
' THENCE, continuing along said north right-of-way line, along said curve to the right through a
central angle of 16 degrees, 07 minutes, 05 seconds, a radius of 228.00 feet, an arc length of
64.14 feet, a chord bearing of North 78 degrees, 54 minutes, 47 seconds West, a chord
distance of 63.93 feet to a 1/2' iron rod found, the beginning of a tangent curve to the left;
THENCE, continuing along said north right-of-way line, along said curve to the left through a
central angle of 25 degrees, 54 minutes, 07 seconds, a radius of 1055.00 feet, an arc length
476.94 feet, a chord bearing of North 83 degrees, 48 minutes, 18 seconds West, a chord
distance of 427.89 feet to a 5/8" iron rod with red plastic cap stamped "RPLS 5199" set at the end
of said curve;
THENCE, departing said north dghtof-way line, North 00 degrees 02 minutes 00 seconds West,
a distance of 962.11 feet to a 5/8" iron rod with red plastic cap stamped "RPLS 5199" set in the
south line of a tract of the remainder of the 158.037 acre tract of land conveyed to The Key
Partnership No. 2 Ltd., according to the deed filed for record in Collin County Clerks File No. 93-
0105764;
THENCE, along said south line, North 89 degrees, 58 minutes, 00 seconds East, a distance
of 382.77 feet to a 1" iron rod found in the center of a gravel road;
THENCE, continuing along said common line, and along the center of a gravel road, North 00
degrees, 17 minutes, 00 seconds West, a distance of 132.00 feet to a 1" iron rod found in the
center of a gravel road;
THENCE, departing center of said gravel road, continuing along said common line, North 86
degrees, 33 minutes, 00 seconds East, a distance of 1211.95 feet to a 1/2' iron rod found in the
west right -of- way line of U.S. Highway 75, the northeast comer of said 66.6793 acre tract;
THENCE, along said west right-of-way line, South 29 degrees, 16 minutes, 12 seconds West,
a distance of 247.03 feet to a 5/8" iron rod found;
THENCE, continuing along said west right-of-way line, South 28 degrees, 01 minutes, 09
seconds West, a distance of 253.10 feet to a 5/8" iron rod with red plastic cap stamped "RPLS
5199"set for comer,
THENCE, continuing along said west right-of-way line, South 21 degrees, 19 minutes, 26
seconds West, a distance of 96.44 feet to a found for comer;
THENCE, continuing along said west right-of-way line, South 26 degrees, 43 minutes, 43
seconds West, a distance of 51.48 feet to a'X' found for comer;
' THENCE, continuing along said west right-of-way line, South 26 degrees, 55 minutes, 42
seconds West, a distance of 616.84 feet to THE POINT OF BEGINNING and containing,
1,361,251 square feet, or 31.250 acres of land more or less.
Ordinance No. 1747-7-"
EXHIBIT M
Page 2 of 2
TRACT 1
' PD 54
"CC -E" CORRIDOR COMMERCIAL DISTRICT REGULATIONS
1. Concept Plan: The property shall be developed in accordance with the Concept Plan,
Elevations and Landscape Plan which shall be made a part of the ordinance.
2. Base Zonine District The development of this property shall be in accordance with the
provisions of the Commercial Corridor District (CC) as set forth in Section 3.01(5) of the
City of Allen Comprehensive Zoning Ordinance, except as specifically provided herein.
3. Use Regulations: A building or premises shall be used for the uses specifically provided for
on Table 1. The main uses on the property shall include a Wal-Mart Supercenter; an
Automotive Center as a secondary use; Food stores 5,000 S.F. or more, and a Service
Station. The pad sites will be developed with retail, restaurant and office uses.
4. Height Regulations: The maximum height for any retail restaurant or similar facility shall
be three stories or 40 feet whichever is higher.
5. Minimum Front Yard Setback:
a. The minimum front yard set back along US 75 and Exchange Parkway shall be 100
feet.
b. The minimum front yard set back along all other streets shall be 50 feet.
C. The face of a gasoline service station pump island canopy shall be setback a
minimum of 40 feet from the property line, measured to the nearest point of the
canopy.
6. Maximum Floor Area Ratio: The maximum Floor Area Ratio shall be 0.22:1.
7. Road Improvements:
At the time of platting, additional right-of-way for US 75 will be dedicated to allow
for the ultimate construction of three (3) service lanes and eight (8) main lanes, and
a deceleration lane from the southern driveway on southbound US 75 to westbound
Exchange Parkway. The US 75 improvements will require approximately 30 feet of
additional right-of-way, and the deceleration lane will require an additional 11 feet
of right-of-way.
b. At the time of platting, 31 feet of land shall be dedicated on Exchange Parkway to
provide for the future construction of two additional lanes and a continuous right
EXHIBIT "N"
Page 1 of 4
Ordinance No. 1747-7A9
turn lane. At the time of development the continuous right tum lane will be
constructed. The additional lanes will be constructed when traffic warrants it.
C. Curtis Lane will be relocated on a temporary easement dedicated by the Brittingham
Family, around the perimeter of Lot 1. Construction costs will be paid by either
Wal-Mart or Wynne -Jackson, whichever entity begins construction first.
d. Prior to the Certificate -of -Occupancy for the development which exceeds 100,000
square feet, a left turn bay and a traffic signal shall be funded and installed by the
developer at the western most driveway on Exchange Parkway, west of US 75.
Development Regulations:
1. Building Materials: All main building exterior wall construction materials that are exposed
shall be constructed of a combination of brick, split and smooth face concrete or
combination thereof, with less than five (5 %) being EIFS.
2. Architectural Design Elements: To assure that all tracts will be designed and constructed in
a quality manner with an aesthetic appearance sensitive to the overall design goals of Twin
Creeks, all buildings within Tract 1 shall be of harmonious design, utilizing compatible
styles, materials, color and lighting.
3. Service Facilities, Outdoor Storage and Trash Containers: Allowable service facilities,
outdoor storage areas, and trash containers, shall be screened from the remainder of the
' site area, adjacent land uses, and publicly dedicated streets.
4. No outdoor display or sales of merchandise shall be allowed.
5. Exterior Lighting:
a. Exterior lighting fixtures and light poles shall be earth tone in color and shall be of
harmonious design with all buildings.
b. All exterior light fixtures shall be downlight or "indirect cutoff" type design so that
the light bulbs are not directly visible.
C. Fixtures located in the yards adjacent to residential zoned districts may be mounted
on the buildings less than 12 feet above average grade in the area. If desired to be
mounted greater than 12 feet above grade, they shall be mounted at the property line
on appropriately colored poles and directed so as not to shine toward adjacent
properties.
6. Utilities: All on-site utilities and utility connections shall be located underground, including
electrical, telephone and television cables and wires. Transformers or other utility
' company apparatus shall be adequately screened within the guidelines of the affected utility
company.
EXIMIT "N"
Page 2 of 4
Ordinance No. 1747-7-99
7. landscaping: Landscaping shall be as indicated on the attached landscape plan, and shall
' be in accordance with Section 3.05 of the City of Allen Comprehensive Zoning Ordinance,
as amended except as provided herein:
a. A minimum of ten percent of the gross land area, and five percent of all parking
areas shall be landscaped. The parking area shall include the parking spaces,
maneuvering areas, islands, and all land to the back -of- curb of the parking lot area.
b. A minimum landscape easement of 25 feet shall be provided along Exchange
Parkway and US 75. The developer shall install meandering sidewalks, berms,
plant materials and automatic irrigation systems. A meandering sidewalk shall be
designed to occur between the property line and the landscape easement. The
sidewalk will not protrude into the right-of-way. This undulation should occur
approximately every 300 feet of frontage. If parking is placed abutting this
landscape easement, then the 2 -foot bumper overhang is not permitted within this
landscape easement. This easement may be designated as a utility and/or pedestrian
easement as appropriate.
C. The medians of all divided thoroughfares shad also he landscaped with trees,
ground cover and/or grass and funded per the terms of the facilities agreement.
8. Site Screening Materials: Acceptable screening materials include masonry and/or
' landscaping in combination with masonry fencing, as well as solid landscaped hedges in
conjunction with color coated chain link or ornamental metal in combination with masonry
pilasters. Wood fencing as well as metal or wood slats in chain link shall be prohibited
screening materials in the non-residential areas of Twin Creeks.
LI
9. Rooftop Mechanical Eguinment: All rooftop mechanical equipment shall be screened on all
sides with a visual barrier to be installed and maintained at a minimum height above
finished grade equal to the height above grade of the highest point on any of the mechanical
equipment being screened. Architectural elements such as parapet walls, mansard type
screen enclosures or other architectural design techniques are acceptable for screening
rooftop equipment.
10. Architectural Control Committee (ACC): A written approval from the Twin Creeks
Architectural Control Committee with the ACC's comments and recommendations shall be
encouraged and may be required by the City of Allen to be a part of any formal submittal
to the City of Allen for zoning, platting, site plan, or building permit. The developer or
builder shall obtain such approval from the ACC.
11. Parking: All parking surfaces shall be of concrete construction in accordance with City
standards.
EXMIT "N"
Page 3 of 4
Ordioanee No. 1747-7-99
TABLE 1
PERMTTTED USES
Tract 1- PD 54
These uses shall be permitted, unless otherwise noted as follows:
S = permitted by Specific Use Permit
A = permitted as an Accessory Use
T = Temporary
Accessory building
Auto part sales, indoor with service bays
Apparel and accessory stores
Bakery and confectionery
Banks and financial institutions
Book, card or novelty
Carnival or circus -T
Clinics, doctors or dentist
Retail cleaning plant with pick-up
Commercial amusements -indoors
Commercial amusements -outdoors
Concrete batch plant -T
Day care for children -A
Department or discount stores (with auto service bays)
Drugstore or pharmacy
Construction building -Temporary -T
Fitness and health center
Florist
Food stores (5,000 square feet or more)
Greenhouse, plant nursery
Gasoline service station w/ pump island canopy
Hotel or motel
Museum, library, art gallery
Office - general
Outside display and sales of seasonal items
Personal service
Photo lab/services-A
Private club- A
Restaurant/private club -S
Restaurant - with drive-thru service
Restaurant - without drive-thm service
Retail stores and shops (indoor)
Small job print shop
Theaters (indoor)
Tires, batteries & accessories (with service bays)
Utility business office
Wholesale/discount/retail club
OX IT "N"
Page 4 of 4
Ordinance No. 1747-7A9
�� . I u.pu u.mu r vi a.uiv rn
am a:roo.r wvsna.0 1tltl W + •1tlM
NV7d MUN0Z)
III
lfl'l jl'I Ih ill q?li e• ��I�� ���
Il,ri I �ilf f r u i i' I
PEIlif I
h'It !!Ill i'I;i �I II'li "ll I'll
I R ll fill,
hl; a ,Iill ,lij! , ;If{i
Irta.u.l Ila I; h.m IN hall 1{, hail
f�,�t irll ` � �i,j •' ill � f Iii l; ii'
Ili I�'I'11`' `Ilil �i
III{is ilii �,lii �'j III I{'! jl H i j i1j i
Ii!fl' If 71 II' � 1;�� I�1 I"' II III III III UII
liT! 11 I•ii�lj lia It? lilt! 161{ fy Il Ilii
�I
E
V
d
jai
\
\.
O
w
jai
1' 1H07
F
1
MON
F
1
6
�� WAL*MART
Wal -Maft Supercenter
1
haldl
1 �
EXHIBIT
Ordinance No. 1747-7-99