O-1666-12-98ORDINANCE NO. 1666-12-98
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN
ZONING FROM AGRICULTURE -OPEN SPACE (AO) TO PLANNED
DEVELOPMENT -CORRIDOR COMMERCIAL BY APPROVING PLANNED
COMMERCIAL -NO. 78 (PD -CC -NO. 78) FOR 75
ACRES IN THE J. DIXON SURVEY, ABSTRACT NO. 276, CITY OF ALLEN,
COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS AND
CONCEPT PLAN ATTACHED HERETO AS EXHBTTS "B" AND EXHIBIT "C",
RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR 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
THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the Planing 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 revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as
previously amended, be amended by granting a change in zoning from Agriculture -Open Space (AO) to
Planted Development -Corridor Commercial by approving Planned Development -Corridor Commercial -No.
78 (PD -CC -NO. 78) on the following -described tract of land: 75 acres in the J. Dixon Survey, Abstract No.
276, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations attached hereto as Exhibit "B" and made part thereof for all purposes, and shall be developed
generally in accordance with the Concept Plan attached hereto as Exhibit "C" and made a part hereof.
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 we 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
H
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, furrr 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 17th DAY OF DECEMBER , 1998.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Peter G. Smfth, CITY ATTORNEY J dy Mo n, CMC, Cr" kcLRETARY
Ordinance No. 1666-12-98 Page 2
FIELD NOTE DESCRIPTION
STATE OF TEXAS
LINTY OF COLLIN
EXHIBIT A
Ordinance No.
1666-12-98
BEING a tract of land situated in the J. DIXON SURVEY, Abstract No. 276, City of Allen,
Collin County, Teas and being more particularly described as follows;
BEGINNING at 0 1/2 inch iron rod set of the intersection of the centerllne of STACY ROAD
and the centerline of COUNTY ROAD NO. 196; .
THENCE
departing
the centerline of said
STACY
ROAD and
along the
Centerline of said
COUNTY
ROAD NO.
196 North DO'22'10"
East a
distance of
1973.61
feet to 0 1/2
inch iron rod set
for corner;
THENCE departing the centerline of said COUNTY ROAD NO. 196 South 89'37'50"
West o distance of 2399.16 feet to a 1/2 inch iron rod set for corner In the westerly
Right -of -Way line of U.S. HIGHWAY NO. 75 ( variable width Right -of -Way );
THENCE along, the westerly Right -of -Way line of said U.S. HIGHWAY NO. 75 as follows;
South 35'03'00" West o distance of 508.14 feel to 0 1/2 inch iron rod found
for corner;
South 37'53'00" West a distance of 1245.94 feet to 0 1/2 inch iron rod set
for corner;
South 43'36'00" West a distance of 201.00 feet to a point for corner which o
Wood R.O.W. Monument found bears South 1838'50" West o distance of
1.35 feet;
South 37'53'00" West a distance of 418.99 feet to a Wood R.O.W.
Monument found for corner;
South 64'04'30" West a distance of 89.74 feet to a 1/2 inch iron rod set for
corner;
North 89'44'00" West a distance of 260.06 feet to a point for corner which o
Wood R.O.W. Monument found bears South 39'59'52" West a distance of
1.37 feet;
South 00'16'00" West a distance of 45.00 feel to a 1/2 inch Iron rod set for
corner in the centerline of said STACY ROAD;
THENCE departing the westerly Right -of -Way line of said U.S. HIGHWAY NO. 75 and along
the centerline of said STACY ROAD North 89'56'59" West a distance of 618.06 feet
to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 75.000 acres or 3,267,000 square feet of
land more of less. ,
2.
DEVELOPMENT REGULATIONS
USES: The property shall be developed and used only in accordance with "CC" Corridor
Commercial District Regulations except as amended herein.
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) w/SUP
10. Bakery or Confectionery (Retail)
It. 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) w/SUP
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 w/SUP
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
35. Fraternal Org., 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)
EXHIBIT B
(Ordinance #1666-12-98)
L
P
Page 2
3.
43. Hardware Store
44. Health Service
45. Helistop (Temporary)
46. Hospital w/SUP
47. Hotel or Motel
48. hrstall-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/Warehouw
60. Park or Playground (Public)
61. Puking Lot/Structure (Commercial)
62. Personal Service
63. Playfield or Stadium w/SUP
64. Priming 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 Denom. w/SUP
76. Service Station
77. Swim or Tennis Club
78. Swimming Pool, Semi -Public (Accessory)
79. Theater (Indoor)
80. Utility Business Office
81. Veterinarian (No Outside Runs)
AREA REGULATIONS:
A. There shall be a minimum front yard having a depth of not less than 100 feet adjacent to
U.S. Highway 75 and not less than 50 feet adjacent to Stacy Road and City Road #196.
(Ordinance # 1666-12-98)
Page 3
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 U.S. 75 and Stacy Road and further than 15
feet from the street right-of-way line adjacent to City Road #196.
C. All buildings greater than 15,000 square feet shall be setback a minimum of 100 feet from
all public street rights-of-way. Any building 15,000 square feet or less shall be setback a
minimum of 50 feet from Stacy Road and City Road 196.
4. PHASING OF DEVELOPMENT: Based on the Traffic Impact Analysis approved by the City, the
phasing of development shall be subject to the following:
A. The maximum square footage of development shall be 681,000 square feet of gross
leaseable area.
B. Prior to the issuance of a certificate of occupancy for the first 300,000 square feet of gross
leaseable area development, Stacy Road shall be constructed as a six (6) lane divided
thoroughfare adjacent to the property and traffic signalization shall be installed at the
intersection of U.S. 75 and Stacy Road subject to TxDot's authorization. At the time that
TxDot determines that it is warranted, the traffic signal shall be activated. The City and
the developer shall utilize best efforts to assure the installation and activation of this traffic
signal in a timely manner. A minimum of three (3) lanes of City Road 196 shall be
constructed from Stacy Road to the northern most driveway serving the first phase of the
development. In the event that Stacy Road is constructed west of City Road 196 to Watters
Road, during this first phase of development, traffic signalization shall be installed at City
Road 196. Certificates of occupancy for pad sites within the first phase of development
shall not be subject to the aforesaid Stacy Road improvements or traffic signalization.
C. Prior to the issuance of a certificate of occupancy for an additional 154,518 gross leaseable
square feet of development, a minimum of 3 lanes of City Road 196 shall be constructed
and extended northward to the additional northern most driveway serving the second phase
of development.
D. Prior to the issuance of a certificate of occupancy for an additional 154,518 gross leaseable
square feet of development, a minimum of three (3) lanes of City Road 196 shall be
constructed and extended northward to the additional northern most driveway serving the
third phase of development and traffic signalization shall be installed at the intersection of
Stacy Road and City Road 196.
E. Prior to the issuance of a certificate of occupancy for an additional 68,054 gross leaseable
square feet of development, a minimum of three (3) lanes of City Road 196 shall be
constructed and extended to the northern most limits of the property.
5. PROPERTY ACCESS: Driveway spacing shall be as follows
1. The main entrance drive into the Property from Stacy Road may be located a minimum of
350 feet from the midpoint of the arc of U.S. 75 and Stacy Road. This is a partial (hooded)
median opening with eastbound left turn into this property.
t�irl.Wce # 1666-12-98)
Page 4
2. The second entrance drive into the Property from Stacy Road may be located a minimum of
200 feet from a point which is the center of the first drive described in 1. above to the
center of the proposed drive.
3. The center point of the second entrance drive may be a minimum of 250 feet from the
eastern boundary of City Road 196; and
4. There shall be a maximum of four (4) entry points from the property onto City Road 196.
5. The driveway locations on Stacy Road as set forth in Paragraphs 1 through 3 above may be
varied by a maximum of 20 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 mm lane on westbound Stacy Road.
7. At the time of platting, sufficient right-of-way shall be dedicated to provide for a
deceleration time on City Road 196 at the main driveway.
6. FACILITIES AGREEMENT: Prior to the final approval of the first plat for the property, a
' facilities agreement shall be entered into between the City and the owner/developer to reflect the
agreement of the City and the owner/developer as to the funding and phasing of the construction of
roadways and thoroughfare improvements.
7. ROOFTOP EOUIPMENT: All roof top mounted equipment shall be screened from view from
ground level view of pedestrians within the puking areas of property.
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(Ordinance #1666-12-98)
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