O-1485-4-97ORDINANCE NO. 1485-4-97
' AN ORDINANCE OF THIS CITY OF ALLIIN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, TO AMEND FLOOD PLAIN-PIANNED
DEVELOPMENT NO. 31 (FP -PD NO. 31) BY AMENDING THE LAND USE
PLAN AND INCREASING ITS GEOGRAPHIC LIMITS ON THE FOLLOWING -
DESCRIBED TRACT OF LAND: 22.738 ACRES OF LAND LOCATED IN THE
JOAB BUTLER SURVEY, ABSTRACT NO. 47, ALFRED SLACK SURVEY,
ABSTRACT NO. 854, AND JOSEPH WILCOX SURVEY, ABSTRACT 1017,
CITY OF ALLEN, COELIN COUNTY, TEXAS; PROVIDING FOR EX IIBIT T
LAND USE PLAN; PROVIDING FOR EXHIBIT 7" AREA AND USE
REGULATIONS; PROVIDING FOR EXHIBIT 'K" LEGAL DFSCREMON;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS (52,000.00) 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, as previously amended, should
be amended.
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 amended by changing the Zoning Map of the City of
Allen to amend Planned Development No. 31 on 22.738 acres of land located in the Joab Butler Survey,
Abstract No. 47, Alfred Slack Survey, Abstract No. 854, and the Joseph Wilcox Survey, Abstract No.
1017, City of Allen, Collin County, Texas, by increasing its geographic limits and changing the land use
plan.
SECTION2 The land use plan attached hereto as Exhibit "I" and the area and use regulations
attached hereto as Exhibit "J" are made a part hereof for all purposes and shall be adhered to in their
entirety.
SECTION 3: The property described in Exhibit "K" attached hereto shall be used in the manner and
for the purposes provided for as approved herein.
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.
SECTION & 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 COUNCTLOF THE CITY OFAIdEN, TEXAS,
ON THE 31m DAY OF APRIL 1997.
kl49t161li d �a
92
W
APPROVED AS TO FORM: ATTEST:
A. Ton ATTORNEY --Judy Mornddn, CMC, CPi'Y SECRETARY
Ordinance No. 1485-4-97 Page 2
II
IL
AREA AND USE RESTRICTIONS
' FOR TIE SOUTERVEST AND SOUTHEAST CORNERS
OF MCDERMOTT DRIVE S, SUNCREEK BOULEVARD
The commercial zoning at the southwest and southeast corners of McDermott Drive and Suncreek Boulevard
in Allen, Texas, shall amend and expand PD -31 -and shall be subject to the following restrictions: -------- - -
1. Urs",
a. Tract 2-A. The construction of buildings for the operation, or the operation of the following
businesses and activities shall not be allowed: funeral establishments, automobile showrooms, used
car lots, recreational activities involving gambling, pawn shops, outdoor circuses or entertainments,
outdoor meetings, bowling alleys, pool or billiard establishments, flea circuses or flea markets,
amusements parlors, check cashing services, amusement parks, skating rinks, and liquor stores.
b. Tract 1. Allowable uses for the Community Facilities zoning at the southwest quadrant of McDermott
Drive and Suncreek Boulevard are attached as Exhibit "A".
2. Heieht.
a. The height of the buildings on Tract I and Tract 2-A facing Tatum Drive and Suacreek Boulevard shall
be no higher than one (1) story, and the height of the buildings facing McDermott Drive shah be no
higher than two (2) stories.
b. Permitted height of any building within Tract 1 closer than 160 feet to the west right-of-way line of
Suncreek Boulevard shall conform to subparagraph 2(a) above. Buildings more than 160 feet west of
' the right-of-way line of Suncreek Boulevard shall not exceed 36 feet in height except that church
steeples may be constructed to a maximum height of 65 feet.
3. Placement of Buildings. The buildings shall be constructed so the fronts of buildings shall face McDermott
Drive, Tatum Drive, and/or Suncreek Boulevard.
4. Q=1991Wn Materials All building exterior wall construction materials that are exposed shall be
constructed of stone, brick, tiles, glazing, formed glazing, concrete masonry units, East concrete, concrete,
stucco, or similar concrete -based masonry materials, or a mixture of masonry materials.
5. Parking. Puking spaces on Tract 2-A shall be provided by surface parking only with no parking structures
whatsoever permitted on the property. Only concrete parking surfaces shall be used.
6. Screening. All heating, ventilating, air conditioning, and other equipment located on the rooftop of any
building, and all trash or dumpster facilities shall be screened from view on all sides.
7. lafrast m /Pm _ Access. Provisions of Section VII, Paragraph 3 of Ordinance 1285-9-94 shall
not apply to Tracts 1, 2-A, or 2-B as shown on the attached Exhibit 'B".
All the above conditions are in addition to and exceed previously agreed upon restrictions currently in place under
PD -31.
WCMLEUNC.USE
F
Ordinance No. 1405-4-97
Exhibit "J"
EXHIBIT "A"
. ALLOWABLE USES
Southwest corner and southwest quadrant of McDermott Drive at Suncreek Boulevard
Allen, Texas
Accessory Building
Book and Card Shops [A]
Caretaker or Guard Residence [S]
Church or Rectory
Day Care for Children [A]
Day Care for Disabled and/or Elderly [A]
Garage, Private Parking [A]
Park or Playground [A]
Radio or TV Broadcast Studio [A]
School, Denominational [S]
' [S] - by Specific Use Permit only [T] - Temporary use only [A] - Accessory use only*
*per Section 2.10 of the Comprehensive Zoning Ordinance No. 1425-5-96.
EXHIBIT "R"
BEING all That tract
of lend in the City of Allen, Collin County,
Teras, a part Of the
JOAB BUTLER SURVEY, ABSTRACT NO. 47, a part of
the ALFRED SLACK SURVEY, ABSTRACT NO.
854, n part of the JOSEPH H.
WILCOX SURVEY, ABSTRACT NO. 1017, all that
of 5.000 acre tract of
land conveyed to Jack Evans, Jr. and wife, Mary C. Evnne lrom
Quakenbush
.
and wife, Lola Ruth QUakeabush as recorded in VoElumwe.
1018, Page 210, Collin County Deed
Recordo Jack Evans and s,
tract of land vall that 1.20_7 acts
t
W. Quakenbush andwyife
, Loi8 Ruth Quakenbush as eco dedefn
Volume
1061, Page 726, Collin County Deed Records, all of that tract
I
of
and conveyed to Jack W. Evans, Jr, and wife, Mary c. Evans from
the Resolution Trust Corporation described
as Tract II as recorded
in Volume 3742, Page 115, and in Volume 3742, Page
124, Collin
County Deed Records, and being further described as follows:
BEGINNING at a 1/2 inch iron rod found at the northeast Corner of
said Tract II, said point being the intersection
of the south line
Of Farm-tO-Market Highway No. 2170 (MCDermott Drive,
a variable
width right of way) with the West line of suncreek Boulevard (a 6o
toot wide right
of way dedicated by
Page Sal, Collin County Plat Records)int as recorded in Cabinet P,
THENCE along the west line Of suncreek Boulevard as follows;
South 00 degrees 44 minutes 43 seconds East, 741.51 feet
to a 1/2 inch iron
rod found for corner;
Southwesterly, 409.05 feat along a curve to the right
which has
a central angle Of 28 degrees 34 minutes 53
seconds, a radius of 820.00 feet, a tangent of 208.87
feet,
'
and whose chord bears South 13 degrees 32 minutes
43 seconds West, 404.82 feet to a 1/2 inch iron rod found
the
at southeast corner of said Tract II, said point
being the northeast
corner of a 5.442 acre tract of land
conveyed to Plano/Allen SUncreek, Ltd.
as recorded in
Document Number 93-0032303, Collin County Deed Records;
THENCE North 62 degrees 31 minutes 38 seconds West, 78.31 feet
along the
north line of said 5.442 acre tract of land to a 1/2 inch
iron rod found the
at southwest corner of said Tract II, said point
being the southeast corner
of 13.611 acre tract of land conveyed to
Richard D. James
as recorded in Volume 1303, Page 305, Collin
County Deed Records;
along THENCE North 0 degrees 38 minutes 6seconds West, 358.19 feet
gthewest lin
r
ofsaid TractIIand alongtheeast line
,aid 13.611 acre tract of land to a 1/2 inch iron
rod found at the
southeast corner of said 1.207 acre tract of land;
THENCE alongthe south line of said 1.207 acre tract as follows:
North 88 degrees 05 minutes 46 seconds West, 341.68 feet
to a steel fence post found for corner;
North 01 degrees 47 minutes 08 seconds West, 11.33 feet
to a 1/2 inch Iron rod found for corner;
South B'degrees 48 minutes 23 seconds West, 22.17 feet
to a 1/2 inch iron rod found at the southwest corner of
said
1.207 acre tract of land;
THENCE North 01 degrees 48 minutes 16 seconds West, 126.12 feet t0
a 1/2 inch iron rod found at the northwest corner of said 1.207
acre tract of land, !aid point being the southwest corner of said
5.000
-
acre tract of land;
.7.
' THENCE North 01 degrees 48 minutes 38 seconds West, 587.95 feet to
e 1/2 inch iron rod found at the northwest corner of said 5.000
acre tract of land said point being the most northerly northeast
corner of said 13.611 acre tract of land, said point being in the
south line of Fara-to-Market Highway NO. 2170;
THENCE along the
as follows: Farm -to -Market South line of said Fa -to -Market Highway No. 2170
1
South as degrees 48 minutes 43 seconds Balt, 79.78 feet
to a 60 penny nail set in a wooden highway monument for
corner;
North 99 degrees 15 minutes 17 seconds Bast, 465.51 feet
to the POINT Or BEGINNING and CONTAINING 447,060 square
feet or 10.263 acres of land.
-8-
BEING all that tract of land in the City of Allen, COLLIN County, Texas, a
' Part of the JOAB BUTLER SURVEY, ABSTRACT NO. 47, a part of the JOSEPH H.
WILCOX SURVEY, ABSTRACT NO. 1017, all of that 8.00 acre tract of land
conveyed to Jack Evans and wife, Mary Evans, from E. W. Quakenbush and
wife, Lois Ruth Quakenbush described as Tract No: 2 as recorded in Volume - -
787, Page 721, COLLIN County Deed Records, all of that tract of land
conveyed to Jack W. Evans, Jr. and wife, Mary C. Evans from the Resolution
Trust Corporation described as Tract I as recorded in Volume 3742, Page 115
and in Volume 3742, Page 124, COLLIN County Deed Records, and being further
described as follows:
BEGINNING at a 1/2 inch iron rod found at the northwest corner of said
Tract I, said point being the intersection of the south line of
Farm -to -Market Highway No. 2170 (McDermott Drive, a variable width right of
way) with the east line of Suncreek Boulevard (a 60 foot wide right of way
dedicated by plat as recorded in Cabinet F, Page 561, COLLIN County Plat
Records);
THENCE along the south line of Farm-to-MarketHighway No. 2170 as follows:
North 69 degrees 15 minutes 17 seconds East, 503.16 feet to a 1/2
( Continued )
PG:
inch iron rod found for corner;
South 45 degrees 42 minutes 43 seconds East, 42.40 feet to a 1/2
inch iron rod found for corner;
North 89 degrees 15 minutes 17 seco:.ds East, 25.00 feet to a "X"
set in concrete at the northeast corner of said 8.00 acre tract
of land, said point being in the center of County Road No. 141
(Tatum Road, a variable width right of way);
THENCE South 00 degrees 39 minutes 37 seconds East, 871.59 feet along the
center of County Road No. 141 to a "X" set in concrete at the southeast
corner of said 8.00 acre tract of land, said point being the northeast
corner of a 2.00 acre tract of land conveyed to John Pruetz and Georgina
Pruetz as recorded in Document No. 93-0018532, COLLIN County Deed Records;
.HENC2 North 88 deCCees 47 r:nL'tes 19 secc:_3 Vie=`., 390.1y fast tJ 2 lit
inch iron rod found at the southwest corner of said 8.00 acre tract of
land, said point being the northwest corner of said 2.00 acre tract of land
said point being in the east line of said Tract I;
O
THENCE South 00 degrees 37 minutes 52 seconds East, 222.65 feet to a 1/2
1
a
inch iron rod found at the southeast corner of said Tract 1, said point
being the southwest corner of said 2.00 acre tract of land, said point
p=j
m
being in the north line of a 11.845 acre tract of land conveyed to James
Cobb and wife, Katherine A. Cobb as recorded in Volume 728, Page 338,
Z
COLLIN County Deed Records;
Q C]
THENCE along the south line of said Tract I as follows:
= GO
CJ
North 88 degrees 50 minutes 11 seconds West, 231.95 feet to a
1/2 inch iron rod found at the northwest corner of said 11.845
�
acre tract of land;
0
ti
South 01 degrees 43 minutes 30 seconds West, 47.68 feet along the
( Continued )
PG:
west line of said 11.845 acre tract of land to a 1/2 inch iron rod
found for corner, said point being the northeast corner of a 51.175
acre tract of land conveyed to Plano/Allen Suncreek, Ltd., as
' recorded in Document Number 93-0032303, COLLIN County Deed
Records;
North 88 degrees 16 minutes 50 seconds West, 32.23 feet to a
1/2 inch iron rod found at the southwest corner of said Tract
I, said point being the northwest corner of said 51.175 acre
tract of land, said point being in the east line of Suncreek
Boulevard;
THENCE along the east line of Suncreek Boulevard as follows:
Northeasterly, 424.14 feet along a curve to the left which has
a central angle of 27 degrees 36 minutes 56 seconds, a radius of
880.00 feet, a tangent of 216.27 feet, and whose chord bears
North 13 degrees 03 minutes 45 seconds East, 420.05 feet to a
1/2 inch iron rod found for corner;
North 00 degrees 44 minutes 43 seconds West, 741.51 feet to
the POINT OF BEGINNING and CONTAINING 543,427 square feet or
12.475 acres of land, more or less.
PG: 2