O-3295-4-15ORDINANCE NO. 3295-4-15
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND
ADOPTING BUILDING ELEVATIONS FOR A PORTION OF TRACT 15 OF
PLANNED DEVELOPMENT PD NO. 54, SAID PORTION BEING 5.37± ACRES OF
LAND IN THE CATHERINE PARSONS SURVEY, ABSTRACT NUMBER 711, CITY
OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be amended.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations for a portion of Tract 15 of Planned Development PD No. 54, said portion being 5.37± acres in the
Catherine Parsons Survey, Abstract Number 711, City of Allen, Collin County, Texas ("the Property") and
more particularly described in Exhibit "A" attached hereto and incorporated herein by reference, and adopting
a Concept Plan and Building Elevations,
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, except to the extent modified by the Development Regulations
set forth below:
A. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B" and incorporated herein by reference. Minor modifications to
streets/driveways that do not alter the general alignment shown on the Concept Plan may be made at
the time of site planning.
B. LANDSCAPE PLAN: The Property shall be developed in general conformance with the Landscape
Plan attached hereto as Exhibit "C" and incorporated herein by reference.
C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
' Building Elevations attached hereto as Exhibit "D", and incorporated herein by reference.
D. BUILDING SETBACKS: The building setbacks for the Property shall comply with the provisions
set forth in Planned Development No. 54; provided, however, the Rear Yard Setback for Lot 1 as
shown on the Concept Plan shall be 34 feet.
E. OFF-STREET LOADING:
' (1) The truck loading area on Lot 1 shall be located as shown on the Concept Plan. Enhanced
landscaping shall be placed within the parking lot islands immediately north of the truck
loading area, as identified on the Landscape Plan.
(2) The doors within the truck loading area on Lot 1 shall be painted the same color as the
principal color of the main building, as shown on the Building Elevations.
(3) The screening wall for the truck loading area on Lot 1 shall be of sufficient height to
adequately screen from view of the property to the east and south of Lot I a vehicle and/or
trailer with a height of 14 feet or less when parked in the loading area. The actual height of
the screening wall for the truck loading area shall be determined at the time of approval of the
detailed site plan for the portion of the Property which includes Lot 1.
STREET STANDARDS:
(1) The driveway spacing shall be permitted at the distances shown on the Concept Plan.
(2) The fire lane to be constructed along the southern end of the Property as shown on the
Concept Plan must be completed prior to the issuance of a building permit for any building
on Lot I or Lot 4.
G. STREET IMPROVEMENTS: Prior to issuance of a certificate of occupancy for any building
' constructed on the Property, construction of the following improvements on the streets adjacent to the
Property as shown on the Concept Plan shall be completed and accepted by the City:
(1) A double left tum lane constructed on northbound Alma Drive at its intersection with
Exchange Parkway; and
(2) A hooded left tum lane constructed on southbound Alma Drive and aligned with the
southernmost driveway on Lot 4 of the Property.
H. SCREENING:
(1) The screening for the Property shall consist of an eight foot (8') masonry wall along the
southern property boundary as shown on the Concept Plan and the landscaping to be installed
along the southern property boundary as shown on the Landscape Plan. No building permit
shall be issued for any building to be constructed on the Property prior to the issuance of a
fence permit for the construction of the masonry wall. No Certificate of Occupancy shall be
issued for any building constructed on the Property until (1) the City's Building Official and
Director of Community Development have determined the masonry wall is substantially
complete in conformance with the fence permit issued by the City's Community
Development Department, applicable provisions of the Allen Land Development Code and
this Ordinance and (2) the landscaping to be planted along the southern boundary of the
Property as shown on the Landscape Plan has been planted.
(2) The design of the eight foot (8') masonry wall to be constructed along the southern property
' boundary as shown on the Concept Plan and the materials used in construction of said wall
shall be substantially the same as shown in the Building Elevations and Screening Plan set
forth in Exhibits "C" and "D" of Ordinance #3151-5-13 attached hereto and incorporated
herein as Exhibits "E" and "F," respectively.
Ordinance No. 3295-4-15, Page 2
L OPERATIONS: At no time shall the following occur in the area of Lot I, south of the rear wall of
the building located on Lot 1 to the south property line of Lot 1, or anywhere on Lot 1 in view of the
' residential property located to the south of and adjacent to Lot 1:
(1) The shipping or receiving of goods, materials, inventory, equipment, and/or any other
personal property into or out of the building(s);
(2) The location, placement or storage of trash, debris, refuse and/or recyclables and/or any
containers in which such trash, debris, refuse and/or recyclables might otherwise be
contained, regardless of whether such containers are in actual use; or
(3) The temporary or permanent location, placement, or storage of goods, materials, inventory,
equipment, motorized or non -motorized vehicles and/or any other personal property, whether
or not placed in a storage container.
J. FIRE CODE REQUIREMENTS: The wall hydrant located on Lot 1, as shown on the Concept
Plan, shall be provided to meet hose pull requirements. Additional provisions may be required by the
Fire Marshal to meet hose pull requirements.
K. HOURS OF OPERATION: Restaurants with drive through lane service shall not be open for
business to customers between the hours of 12 midnight and 4:00 a.m.
L. DEED RESTRICTIONS: Prior to approval of a final plat for any portion of the Property, the owner
of the Property shall sign in recordable form and record in the Official Public Records of Collin
County, Texas, a restrictive covenant approved as to form by the City Attorney which provides:
' (1) The restrictive covenants may not be amended or terminated without the approval of the City
following a public hearing in manner similar to that which is required for amendment of
zoning regulations;
(2) The City shall have the right to enforce the provisions of the restrictive covenant, including
filing an action in a court of competent jurisdiction, at law or in equity, against the person
violating or attempting to violate the restrictions, either to prevent the violation or to require
its corrections;
(3) The City shall have the right to withhold any building permit or other permit for
development, certificate of occupancy or final inspection necessary with respect to any
portion of the Property not in compliance with the restrictive covenants until the restrictions
are satisfied, and
(4) The following uses shall not be permitted on the Property:
a. any use causing unreasonably loud noises;
b. manufacturing facility;
c. dry cleaner (excluding, either f i] I dry cleaner which does not use perchloroethylene or
any other Hazardous Substances, or [ii] 1 facility for drop off and pick up of clothing
cleaned at another location);
' it. any facility for the sale, lease or rental of automobiles, trucks, motorcycles, recreational
vehicles, boats or other vehicles;
Ordinance No. 3295-4-15, Page 3
e. car wash, tire store, automobile repair shop or service station or any facility storing or
selling gasoline or diesel fuel in or from tanks;
' f. used clothing or thrift store, a "Salvation Army" or "Goodwill" type store or similar
business, or a "second hand" store where principle business is selling used merchandise;
g. a donation drop-off facility;
h. any facility whose primary business is a smoke shop (including cigars, cigarettes, vapor
cigarettes and e -cigarettes);
i. a "surplus" store selling under stock or overstock merchandise or liquidation outlet;
j. amusement center, carnival, virtual reality, laser tag, jump/trampoline facility, game
arcade, or a children's recreational facility or play center of any kind, including, but not
limited to, concepts such as "Boomerang's," "Funmstic," "Chuck E. Cheese," "Jump
Zone" and "Peter Piper Pizza", or other stores operating under similar business plans and
operations;
k. spa or massage parlor (excluding (i) I "Massage Envy" or similar therapeutic massage
retailer operating in a first-class manner, and (ii) 1 nail salon occupying no more than
2,500 square feet of Gross Floor Area);
I. adult book shop or adult movie house;
m. mortuary or funeral parlor;
n. coin operated laundry;
o. cocktail lounge, but or tavem or sale of alcoholic beverages, whether or not packaged
(excluding the sale of alcoholic beverages in conjunction with the operation of a
restaurant);
p. night club;
q. bowling alley, pool hall, or skating rink;
r. animal raising or storage facility (except incidental to a full -line retail pet supply store);
s. pawn shop, auction house, Flea market, swap meet, orjunk yard;
t. the drilling for and/or removal of subsurface substances, dumping, disposal, incineration
or reduction of garbage or refuse, other than in enclosed receptacles intended for such
purposes;
u. hotels or lodging facilities intended for human use;
v, gun range or shooting club;
' w. any facility related to the occult sciences, such as palm readers, astrologers, fortune
tellers, tea leaf readers or prophets;
x. frozen food locker or sales facility, or milk distribution center;
Ordinance No. 3295-4-15, Page 4
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y. nursing home, old age center, or governmental facility (other than a post office),
recruiting center or employment center; and
z. the operation of a restaurant with a drive-through window between the hours of 12:00
midnight and 4:00 a.m. Central Time.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not
expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain
in full force and effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law
and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terns of this Ordinance
shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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 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 ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 14TH DAY OF APRIL, 2015.
APPROVED AS TO FORM:
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Peter G. Smit 1, CITY ATTORNEY
nbl 4ry13 W063)
APPROVED:
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Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, TRMC, CITY SECRETARY
Ordinance No. 3295-415, Page 5
EXHIBIT "A"
' LEGAL DESCRIPTION
LEGAL DESCRIPTION. Being a tract of land out of Catharine Parsons Survey, Abstract No. 711
and situated in the City of Allen, Collin County, Texas, and surveyed by Miller Surveying, Inc. of
Hurst, Texas in May 2014, said tract being a portion of the same tract of land described as
"TRACT 15" in the deed to Bossy Boots Holdings, Ltd. recorded in Volume 5398, Page 6447 of
the Deed Records of Collin County, Texas and being more particularly described by metes and
bounds as follows:
Beginning at across in concrete found for the southwest corner of said Tract 15, said cross
being the northwest corner of Twin Creeks Phase IV B, an addition to the City of Allen, Texas
according to the plat thereof recorded in Cabinet K, Slide 160 of the Plat Records of Collin
County, Texas and also being in the easterly right-of-way line of Alma Road;
Thence North 00 degrees 25 minutes 16 seconds West with the westerly boundary line of said
Tract 15 and with said right-of-way line a distance of 107.41 feet to a 1/2 inch "MILLER 5665"
capped steel rod set for an angle point in said westerly boundary line;
Thence North 03 degrees 23 minutes 35 seconds East continuing with said westerly boundary
line and said easterly right-of-way line a distance of 150.33 feet to a 1/2 inch "MILLER 5665"
capped steel rod set for an angle point in said westerly boundary line;
' Thence North 00 degrees 25 minutes 16 seconds West continuing with said westerly boundary
line and said easterly right-of-way line a distance of 185.73 feet to a 1/2 inch "MILLER 5665"
capped steel rod set for the southerly end of a corner clip for said easterly right-of-way line and
the southerly right-of-way line of Exchange Boulevard;
Thence North 45 degrees 02 minutes 12 seconds East with said corner clip a distance of 21.06
feet to a 1/2 inch "MILLER 5665" capped steel rod set for the northerly end thereof, said rod
being in the northerly boundary line of said Tract 15;
Thence South 89 degrees 30 minutes 19 seconds East with said northerly boundary line and
said southerly right-of-way line a distance of 460.79 feet to a 5/8 inch capped steel rod found
for an angle point in said northerly boundary line,
Thence South 00 degrees 01 minutes 30 seconds East continuing with said northerly boundary
line and said southerly right-of-way line a distance of 6.29 feet to a 5/8 inch capped steel rod
found for an angle point in said northerly boundary line,
Thence South 89 degrees 50 minutes 32 seconds East continuing with said northerly bound and
said southerly right-of-way line a distance of 122.72 feet to a 1/2 inch "MILLER 5665" capped
steel rod set;
' Thence South 00 degrees 28 minutes 52 seconds West a distance of 232.20 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Ordinance No. 3295415, Page 6
EXHIBIT "A"
' LEGAL DESCRIPTION cont.
Thence South 89 degrees 37 minutes 50 seconds East a distance of 14.48 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
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Thence South 00 degrees 22 minutes 11 seconds West a distance of 35.40 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence North 89 degrees 32 minutes 22 seconds West a distance of 225.15 feet to a 1/2 inch
"MILLER 5665" capped steel rod set;
Thence South 00 degrees 09 minutes 28 seconds West a distance of 178.80 feet to a 1/2 inch
"MILLER 5665" capped steel rod set in the southerly boundary line of said Tract 15, said rod
being in the northerly right-of-way line of a public alley dedicated by said plat;
Thence South 89 degrees 35 minutes 27 seconds West with the southerly boundary line of said
Tract 15 and with the northerly right-of-way line of said alley a distance of 391.81 feet to the
point of beginning and containing 5.3732 acres of land, more or less.
Ordinance No. 3295415, Page 7
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EXHIBIT •B"
CONCEPTPLAN
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Ordinance No. 3295-4-15, Page 8
EXHIBIT "C"
LANDSCAPE PLAN
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Ordinance No. 3295-0-15, Page 9
EXHIBIT"C"
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BUILDING ELEVATIONS cont.
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ORDINANCE #3151-5-13 - BUILDING ELEVATIONS
Ordinance No. 3295-4-15, Page 14
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EXHIBIT"F"
ORDINANCE #3151-5-13 - SCREENING PLAN
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