O-1634-9-98ORDINANCENO. 1634-9-98
' AN ORDINANCE OF THE CITY OF ALIEN. COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, TO CHANGE THE ZONING FROM
AGRICULTURAL OPEN SPACE (AO) TO PLANNED DEVELOPMENT -
CORRIDOR COMMERCIAL. NO. 73 (PD -CC NO. 73) ON THE FOLLOWING -
DESCRIBED TRACT OF LAND: 108.99 ACRES OF LAND SITUATED IN THE
HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN
COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PLAN;
PROVIDING FOR EXHIBIT B' LEGAL DESCRIPTION; PROVIDING FOR
EXHIBIT 'C' AREA AND USE REGULATIONS; PROVIDING FOR A
PO4ALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A
SEVERABILITY CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE
OF SAID ORDINANCE
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 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously
' amended, should be revised;
NOW, THERITORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT -
SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as
previously amended, be and the same is hereby revised to change the zoning from Agricultural Open
Space (AO) to Planned Development -Corridor Commercial No. 73 (PD -CC No. 73) on the following -
described tract of land: 108.99 acres of land located in the Henry Wetsel Survey, Abstract No. 1026,
City of Allen, Collin County, Texas.
SECTION 2. The approved Land Use Plan attached hereto as Exhibit "A" and the Legal Description
attached hereto as Exhibit "B" are each made a part hereof for all purposes and shall be adhered to in
their entirety.
SECTION 3: The Area and Use Regulations attached hereto as Exhibit "C" are made a part hereof
for all purposes and shall be adhered to in their entirety.
SECTION 4: 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances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: 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 ($2,000.00) for each offense.
SF.CIION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
■ hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
L
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.
DULY PASSED AND APPROVED BY THE CITY COUNCELOF THE CITY OF ALLEN, TEXAS,
ONTHE 17t®AYOF September .1998.
Stephen Terrell, MAYOR
APP_ AS TO RM: ATTEST:
i
A. Lkrn ATTORNEY C�Mo�Mr on, CMC, CTI'Y SECRETARY
OrdinanceNo. 1634-9-98 Page 2
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ORDINANCE NO. 1634-9-98
EXHIBIT B
LEGAL DESCRIPTION
108.99 ACRES
Being a description of a 108.996 acre tract of land situated in the HENRY WETSEL SURVEY
ABSTRACT No. 1026, in Collin County, Texas and being a portion of those same tracts of land
conveyed to Yarbrough Family Limited Partnership, a Texas Limited Partnership, and described in
Exhibit B in a Special Warranty Deed recorded under Clerk's File No. 95-0023828 of the Deed Records
of Collin County, Texas (hereinafter referred to as D.R.C.C.T.), said 108.996 acre tract being more
particularlt described as follows:
COMMENCING at a A -inch steel rod set for corner at the intersection of southeast right-of-way line of
the Southern Pacific Railroad (a 100 foot wide right-of-way) with the existing south right-of-way line
FM 2786 (a 120 foot wide right-of-way);
THENCE North 89" 57' 21" East, departing said railroad and along said south right-of-way line, a
distance of 228.56 feet to a 1/2" iron rod set for corner and being the POINT OF BEGINNING;
THENCE North 89" 57' 21" East, continuing along said south line, a distance of 209.61 feet to a 1/2"
iron rod set for corner at the beginning of a curve to the right, having a central angle of 01" 14' 01 ", a
radius distance of 5669.58 feet, a chord distance of 119.92 feet and a chord bearing of South 89" 26'
11" East;
THENCE easterly along said south right-of-way line and said curve to the right, an arc distance of
119.93 feet to a 112" iron rod set for corner;
THENCE South 88" 49' 57" East, continuing along said south line, a distance of 1652.48 feet to a
' wooden right-of-way marker found for corner and being on a northwesterly line of a called 74.08 acre
tract of land conveyed to Reid Family Enterprises as shown in a deed recorded under Clerk's File No.
98-0006186 D.R.C.C.T.;
THENCE South 00° 18' 42" West, along the common line between said Yarbrough tracts and said Reid
tracts a distance of 580.51 feet to a fence corner post for corner;
THENCE South 20" 34' 25" West, at a distance of 1417.91 feet passing the west common corner of
said Reid tract and a tract of land conveyed to Roman Catholic Diocese of Dallas as described in a deed
recorded under Clerk's File No. 98-006186 D.R.C.C.T., and continuing along a west line of said Roman
Catholic tract for a total distance of 2691.56 feet to a 112" iron rod found for corner from which a
wood fence corner post bears south 29" 14' 59" West a distance of 2.5 feet;
THENCE North 66" 21' 35" West, along the common line between said Roman Catholic tract and said
Yarbrough tract, a distance of 1135.32 feet to a 1/2" iron rod set for corner and being also an angle
point in a northeast line of a tract of land conveyed to LLG Lands, Inc., and described in a deed
recorded under Clerk's File No. 93-0102562 D.R.C.C.T.;
THENCE North 00" 05' 55" East, departing said Roman Catholic tract and along the common line
between said LLG tract and said Yarbrough tract, a distance of 65.33 feet to a 112" iron rod found for
corner;
THENCE North 00" 38' 05" East, departing said LLG tract and along the common line between said
Yarbrough tract and a tract of land conveyed to Linda Bush Coleman etal, a distance of 1044.43 feet
to a 1/2" iron rod set for corner;
THENCE North 00" 09' 25" West, continuing along a common line between said Yarbrough & Coleman
' Tracts at a distance of 346.6 feet passing a fence corner, and generally following said fence line for a
total distance of 1570.14 feet to the POINT OF BEGINNING and containing 108.99 acres of land more
or less.
This legal description was supplied by the client.
ORDINANCE NO. 1634-9-98
EXHIBIT "C"
Use and Area Regulations
The property may be developed under the Corridor Commercial District (CC)
regulations, as outlined in Ordinance No. 1425-5-96, as it currently exists or may be
amended subject to the following additional conditions:
A. Permitted Uses: All uses within the Corridor Commercial District shall be
permitted, except as stated herein:
The following uses shall not be permitted within the Corridor Commercial
District:
Auto Sales & Repair (New and Used)
Auto Sales & Repair (Used)
Boat Display Sales and Repair (New and Used)
Farm Implement Sales and Service
Food Processing (Heavy)
Truck Sales and Repair -New
2. The following uses, as permitted in the Corridor Commercial District,
shall be setback a minimum of three -hundred (300) feet from any adjacent
property zoned for single-family residential uses:
Amusement, Commercial (Outdoor)
Auto Glass, Muffler, Brake, Oil, Lube, Tires, Batteries
Auto Laundry
Auto Painting or Body Shop
Bottling Works
Building Material Sales (Outside Storage)
Garage, Auto Repair
Hotel or Motel
Laboratories: Bio Safety Level 2
Laboratories: Bio Safety Level 3
Lawn Equipment Sales & Repair
Manufacturing, Light
Motor Cycle Sales & Service (Indoor)
Office Showroom / Warehouse
Printing or Newspaper Establishment
' Restaurant (Drive -In or Through)
Soft Drink Bottling Plant
Warehouse / Distribution Center (No Outside Storage)
ORDINANCE NO. 1634-9-98, EXHIBIT C CONT.
3. The following use, as permitted within the Corridor Commercial District,
' shall be permitted only as an Accessory Use, and shall be setback a
minimum of three -hundred (300) feet from any adjacent property zoned
for single-family residential uses:
Machine Shop or Welding
4. The following additional use shall be permitted within the Corridor
Commercial District, and shall be setback a minimum of three -hundred
(300) feet from any adjacent property zoned for single-family residential
uses:
Drags, Pharmaceutical Manufacturing
B. Loading or Service Areas:
The loading docks, garages or any related loading or service areas shall be setback
a minimum of three -hundred (300) feet from any adjacent property zoned for
single-family residential uses.
C. General Regulations:
1. Prior to submission of a final plat on any portion of this property, the
property owner(s) shall enter into a facility agreement with the City of
Allen to determine the timing and/or funding of the thoroughfare
improvements adjacent to this property.
2. Compliance with the July 15, 1998 memo from George Conner regarding
traffic recommendations, attached hereto.
3. In the event that the proposed east/west collector street does not provide
access to the U. S 75 service road, and the traffic generated at the
intersection of Stacy Road the proposed north/south collector requires
signalization, the pro rata share of the signalization shall be the
responsibility of the land owner(s) and/or developer(s) of the property.
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