O-1545-11-97ORDINANCE NO. 1545-11-97
AN ORDINANCE OF THE C1TY OF ALIEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, TO CHANGE THE ZONING ON 128898 ACRES
FROM AGRICULTURE OPEN SPACE (AO), FLOOD PLAIN -SHOPPING
CENTER (FP -SC). AND FLOOD PLAIN- PLANNED DEVELOPMENT NO. 55
(FP -PD NO. 55) TO A REVISED FLOOD PLAIN -PLANNED DEVELOPMENT
NO. 55 (FP -PD NO. 55) ON THE FOLLOWING -DESCRIBED TRACTS OF
LAND: 35530 ACRES OF LAND LOCATED IN THE CATHERINE PARSONS
SURVEY, ABSTRACT NO. 711, AND 93368 ACRES OF LAND LOCATED IN
THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, CITY OF ALLEN,
COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 'C' LEGAL
DESCRIPTION; PROVIDING FOR EXHIBIT 'DLAND USE PIAN;
PROVIDING FOR EXHIBIT 'E' AREA AND USE REGULATIONS;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,(110.00) 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, as previously amended, should
be revised.
NOW, THEREFORE, 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 by changing the Zoning Map of the City of Allen
from Agricultural Open Space (AO), Flood Plain -Shopping Center (FP -SC), and Flood Plain -Planned
Development No. 55 (FP -PD No. 55) on the following -described tracts of land: 3.5530 acres of land
located in the Catherine Parsons Survey, Abstract No. 711, and 9.3368 acres of land located in the
Michael See Survey, Abstract No. 543, City of Allen, Collin County, Texas.
SECTION 2 The property described in Exhibit "C;' Legal Description, attached hereto and made
a part hereof for all purposes, shall be used in the manner and for the purposes provided for as
approved herein.
SECTION 3: The approved Land Use Plan and Area Use Regulations, attached hereto as Exhibits
"D" and "E," respectively, 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.
SECTIONS: 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.
1
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.
SECTION 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 (mown the affected parts
would be held unconstitutional.
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 COUNCIL OF THE CITY OF ALIEN, TEXAS,
ONTHE 6TH DAYOF NOVEMBER 1997.
VSS7�
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
A Don r, CITY RNI:Y J Mo n, CMC, CITY SECRETARY
Ordinance No. 1545-11-97 Page 2
EXHIBIT "C"
BEING a 9.3368 acre [racc of land situated in the MICHAEL SEE SORVET,
NO.
ABSTRACT
543, And being par[ of a called 6.075 act. trace of land
and n called 4.101
acre crate of land, beth tracts As comveyed [o Rebate C, lavia As recorded
deeds
in
recorded in Volume 1258, Page 498 and Volume 1736, Page 42, Deed Records,'
Collin County. tags, (D.R.C.C.T.)
respectively, and being more particularly
descriBEGINNING
at a 1/2" iron rod set for comer in the north line of said 6.075
'
acre tract and being the northwest corner of a 1.0479 acre tract dedicated
as
street right-of-way for Angel Drive (65, R.O.W.) according to the Nap recorded
in Cabinet
I. Page 564, M.R.C.C.T. and bearing S 89 degrees 55 minutes 11
seconds W, a distance
of 32.50 fee[ from the northeast corner of said 6.075
acre tract;
THENCE along the vest right -mf -way line of Angel Drive the following eight (8)
couraes:
(1) S 00 degrees 03 minutes 42 seconds E. a distance of 450.53 feet to a 1/2"
iron
rod sec at the beginning of a curve to the right having a central angle of
7 degrees 32
minutes 31 seconds, a radius of 574.38 feet And a chord which
bears S 3 degrees 42
minutes 33 seconds W, a distance of 75.55 feet;
(2) Southwesterly, along said curve an arc distance of 75.61 feet to a 1/2"
iron rod set at the point of a reverse curve to the left having a central angle
7 degrees
of 32 minutes 31 seconds, a radius of 639.38 feet and a chord which
bears
f
S 03 degrees 42 minutes 33 seconds W, a distance of 84.10 feet;
s
(3) Southwesterly, along said curve an are distance of 84.16 feet to a 1/2e
iron rod at for comer;
(4) S 89 degrees 56 minutes 18 seconds W, a distance of 7.00 feet to a 1/2"
iron rod set for corner;
(5) S 00 degrees 03 minutes 42 seconds E, A distance of 208.71 feet to A 1/2"
iron
rod sec for corner;
(6) N 89 degrees 56 minutes 18 seconds E. a distance of 7.00 feet to a 1/2"
iron rod set at the beginning of a non -tangent cuto the left having a
rye
central angle of 7 degrees 32 minutes 31 seconds, a radius of 639.38 feet and a
chord
which bears S 03 degrees 49 minutes 57 seconds E, a distance of 84.10
feet;
(7) South... terly, along said curve an arc distance of 84.16 feet to a 1/2"
iron rod set at the point of a reverse curve to the right having a central
Angle of 5 degrees 26 minutes 18 seconds, A radius of 574.38 feet and
a chord
which bears 8 04 degree. 53 minutes 03 seconds E. a distance of 54.50 feet;
(8) Southeasterly, along said curve an arc distance of 54,52 feet to • 1/2"
iron rod set in the south line of the said 4.101 acre tract, and being in the
north line of a 431.673 acre tract as conveyed to Allen Central Joint Venture
according to the Deed recorded in Collin County Clerk's File No. 92-0051578;
(^'
T
MENCE N 89 degrees 25 minutes 37 seconds W, along said common line, passing at
a distance of 330.50 feet a 3/4" iron pipe found and departing the north line
of said 431.673 acre tract And continuing along said south line a total
distance of 358.68 feet to a 1/2" iron rod sec for corner;
1
THENCE S 82 degrees 06 minutes IS seconds W, continuing along the south line of
U
said 4.101 ac a tract, a distance of 55.10 feet to a 1/2" iron rod found for
r _
the southwestcomerof said 4.101 a to tract;
G Z
THENCE N 08 degrees 35 minutes 46 seconds W. with the vest line of said 4.101
Z L
acre tract, a distance Of 286.93 feet to a 5/8" iron rod found for corner;
X
V W
THENCE N 04 degrees 22 50 s condo E. with the vest line of sand 4.101
O
acre tract, and along rhehe west vest line of said 6.075 were tract, distance of
l0
feet co a 1/2' heat rod found for the northwest comer Oo f the sold 6.075
C
'p
acre t
acre tract, and also the northeast corner of said 2-657 acre tract, and being
'
m -
in the south line of a 0.775 acre tract conveyed to Allen -Central Joint Venture;
L
THENCE N 89 degrees 55 minutes 11 seconds E. along the north line of acid 6.057
acre tract and the south line of said 0.775 acre tract, s distance of 403.66
feet to the POINT OF BEGINNING, and containing 406,713 square feet or 9.3368
acres of land.
BEING a tract of land in the Catherine Parsons survey, Abstract
ofmthat711, certainuated in 174.057 acretractlandacon eyed l[o HCSMoleent
by deed recorded in Volume 580, Page 213 of tRe Deed Records se
Collin County, Texas, and bel ng more Particularly described asof
follows;
BEGINNING at An iron rod at the most Southerly Southeast
Of said 174.057 acre tract, said corner
Point being on the North line of
an old road;
THENCE South 89.09'57' West along the South line of said 174.057
acre tract, 674.14 feet to an iron rod on the Southeasterly
right-of-way line of McDermott Road. (F,M. 2170);
THENCE along said Southeasterly right-of-way
Road (P.M. 2170) as follows: line of McDermott
North 0.29• West, 24.61 feet to an Iron rod on a curve to
the left having a tangent bearing of North 61'45.04' East at
this Pdint; Northeasterly along said curve to the left
having a central angle of 7'29'041, a radius of 868.51 feet
and a tangent of 56.81 feet, an are distance of 113.45 feet
to an iron rod;
North 54.16' East, 267.1 feet to an iron rod at the
beginning of a curve to the right;
Northeasterly along said curve to the right having a central
angle of 28'49'21' a radius of 768.51 feet and a tangent of
197.48 feet, an arc distance of 386.6 feet to an iron rod on
An East line of the 174.057 acre tract;
THENCE South 0'46-03' East along said East line of the 174.057
acre tract, 369.98 feet to the PLACE OF BEGINNING, and containing
3.5530 acres of land, more or less.
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T ¢ AND 9 LIhFAR PARK (Tract 5 eliminated and included in Tract 4 - 1997
Watters Branch and Tributary amendment)
_-
FLOOD PLAIN- --
This purpose of this tract is to place land into public use for a park. The tracts will be dedicated to
the City of Allen at the time adjacent land is planed and developed, or at an earlier time If requested
by the City of Allen. Developer of adjacent tracts will be required to construct an 9 foot hike and
bike trail to City standards.
TRACT 4. 6. AND 7 - COMMERCIALIOFFICF
I, Purpose This district is characterized by development of major office and commercial
activity. The regulations in this district are intended to preserve ahigh quality business park
and employment center with regard to architecture, aesthetics, noise, access and circulation.
2. Use Regulations
The following uses are permitted in Tracts 4, 6, and 7-
a. Office Buildings
b. Office Show-Room
C. Business School or Commercial Trade School
d. Health or Sports Clubs
e. Restaurant with no drive-in (drive-thm allowed)
f. Veterinarian Clinic with no outside nuns
g. Pet Store
h. Bakeries
i, Theaters (indoor only)
' j. Building materials sales (inside)
k. Banks and financial institutions
1. Commercial amusement (indoor)
M. Studios, photo, music, an, health, etc.
n. Furniture sales
o. Auto parts sales (indoor)
P. Department or discount stores -
q. Antique shops with no outdoor display or storage
r. Cleaner or laundry
S. Hardware store
I. Barber or beauty shops
U. Florist or garden shops (indoor) except that outdoor shall be allowed in
V. Household appliance sales Tract 4 only
W. Pharmacy
X. Groceries and supermarkets
Y. Uses similar to the above mentioned permitted uses as determined by the City
provided activities conducted observe the requirements of all City Ordinances.
Z. Accessory Buildings and uses incident to any of the above uses as defined in the
Comprehensive Zoning Ordinance.
as. In tracts 6 and 7 only, such uses as may be permitted under Section 2.06 of the
Zoning Ordinance for Specific Uses in the General Business District shall be allowed
by Specific Permit.
Ordinance No. 1545-11-97
_, Exhibit "Es
SIKH IFUKU UKY. ILLZlabyb—b 6 15 _ sep US Yr 11:6r No_.UUL-P.Ur
The following additional use; in Tracts 6 and 7 only, are allowed by Specific Permit only:
1. Electronics Products Manufacturers
2- Distribution Centers with no outside storage allowed
3- Auto laundry (car wash)
4. New boat sales or repairs and used boat sales and repairs
5. New automobile sales and repairs
6. Used automobile sales with new car dealership only
7- Motorcycle sales and services
8. Hotel and Motel
9. Service station
On Tract 4 only the following is allowed as a temporary use:
a. Concrete or asphalt batch plant
3. Height Regulations The maximum height for the main building shall be 3 standard stories
but shall not exceed forty-five (45) feet in height provided that any building or portion
thereof constructed cut of the proposed Watters Road as shown on the Planned Development
Plat which is a part of this Ordinance, may be erected above said limit if set back from all
street lines and required yard lines is one (1) foot for each one (1) foot of its height above
said limit, provided however, that no building shall exceed fifteen (15) stories in height.
4. Area Regulations Except as listed below, all area regulations for Tracts 4, 6, and 7 shall
be as listed for the General Business District in the Zoning Ordinance.
a. Size of Yards:
1. Front yard - there shall be front yard having a minimum depth of twenty -
live (25) feet and no building may be located closer than 100 feet to U.S.
Highway 75 (Central Expressway) or FM2170 (McDermott Road).
2. Side Yards - a side yard of not less than fifteen (15) feet in width shall be
provided on the side of a lot adjoining a side street or alley.
3. Rear yard - no rear yard is required except that a rear yard of not less then
twenty-five (25) feet in depth shall be provided on that portion of the lot
abutting or across a rear street or alley from an "R" district.
4. Buffer along U.S. Highway 75 (Central Expressway) and FM 2170 -
consistent with City Zoning policy, there shall be maintained a twenty-five
(25) feet landscape buffer immediately adjacent to F.M. 2170 in which no
building structure or parking shall be permitted. Special provision may be
considered where insufficient depth may create a hardship.
5. Buffer along Watters Road - consistent with City Zoning policy, there
shall be maintained a fifteen (15) feet landscape buffer immediately
adjacent to Watters Road in which no building structure or puking shall
permitted. Special provision may be considered where insufficient depth
may create a hardship. Along Watters Road this buffer shall contain high
beam, screen wall or continuous hedge.
b. Lot Coverage, No requirement except that required by establishment of yards or
landscaping requirements.
C. Floor Area Ratio. The ratio or total floor area of all buildings to total land area
shall be a maximum of I;1 provided however that the City Council may, upon site
plan review, approve a maximum of 2:1.
5. Building Rcgulai ons
Types of Materials All main building exteriors shall be constructed of stone, brick, cement,
concrete, glazing or similar materials.
STRO.TFORD GRP. TEL L14 b% 6015
., _ 214-696-6015
6. Traffic MaraKameat Imp nt
Sep 05 97 .11:38 No.002 P.08
1• Areas acresa the main driveway (former Angle Drive) must be a mtnlmum of 100 feet firm the
south R.O.W. fine of McDonnell Drive;
2 A free fight arm
Drive; tare V'14be consqucted ham nodhbour4 Watters Road t0 eastbound McDermott
3. A fight tum deceleration lane will be provided r ,,ftund McDennaa to southbound main drive
(Angel Drive);
4. A right bum deceleraaon lane WAI be provided eastbound MCDem att to southbound first driveway
east of them;
S. The Main Driveway (f)rmer Angel Drive) will have a four lane section at McDermott Drive for a
minimum of 300 feet or unlit the first major east west ddve, whichever Is greater, and
6. A traffic signal will be Installed (at the land owners expense) prior to the issuance of a ceromte of
occupancy for retell that exceeds 200,000 square feet