O-3065-2-12ORDINANCE NO. 3065-2-12
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP BY AMENDING PLANNED
DEVELOPMENT PD NO. 86, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS, CONCEPT PLAN, AND BUILDING
ELEVATIONS RELATING TO 8.8314t ACRES OF LAND IN THE JOHN FYKE
SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING 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 AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission 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 the Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, 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 Zoning Map of the City of
Allen, Collin County, Texas, be amended by amending the Development Regulations, Concept Plan, and
Building Elevations for Planned Development PD No. 86 as adopted by Ordinance No. I8I1-3-00 and amended
by Ordinance Nos. 2603-3-07 and 2881-I-10, relating to 8.83141 acres of land in the John Fyke Survey,
Abstract No. 325, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached
hereto ("the Property").
SECTION 2. The Property shall be developed and used only in accordance with Shopping Center SC
Zoning District regulations except as follows.
A. Base Zoning and Uses: The base zoning for the Property is Shopping Center SC.
B. Drive -Through: A drive-through may be located and constructed at the eastern end of the
building to be located on Lot 1R3 if shown on the Site Plan approved in conjunction with the
development of Lot 1R3, but only if the site design of the drive-through (i) complies with the
standards of the Allen Land Development Code and (ii) is approved by the Engineering
Department.
C. Concent Plan: The Property shall be developed and used only in accordance with the
' Concept Plan attached hereto as Exhibit `B," and incorporated herein by reference.
D. Screening:
(1) No certificate of occupancy shall be issued for any building first constructed on the
Property after February 14, 2012, unless and until an eight -foot (8.0') tall masonry
Ordinance No. 3065-02.12. Page 1
screening wall has been constructed along the entire length of the southern boundary of
the Property shown on the Concept Plan and has been determined by the City's Building
Official and Director of Planning and Development to be substantially complete.
(2) A continuous landscape screen consisting of shade trees planted not less than twenty feet
(20.0 apart on center and evergreen shrubs must be installed along the southern property
line of each lot prior to issuance of a certificate of occupancy for any building first
constructed on said lot; provided, however, if (i) construction of such building is
completed and the only basis for withholding a certificate of occupancy is this Paragraph
(2), and (ii) the City's drought contingency plan prohibits the planting of new
landscaping at the time of request for a certificate of occupancy, then the Building
Official shall proceed to issue a certificate of occupancy and the landscape screen shall be
planted not later than thirty (30) days after the restriction on the planting of new
landscaping terminates.
E. Buildina Elevations: The Property shall be developed and used only in accordance with the
Building Elevations attached hereto as Exhibit "C," and incorporated herein by reference.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and
development of the Property, 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, as amended hereby, he 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, 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 terms of this ordinance
shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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 of the
caption 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 le DAY OF FEBRUARY, 2012.
APPAtVEDI..
Stephen Terrell, MAYOR
' APPROVED AS TO FORM: ATTEST:
�
A� L
Peter G. Smith CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY
Ordinance No. 3065-02-12. Page 2
EXHIBIT "A"
' LEGAL DESCRIPTION
A tract or parcel of land situated in the John Fike Survey, Abstract 325, in the City of Allen, Collin County,
Texas, being part of the called 83.463 acres tract described in the deed to Waterford Trails LP recorded in
Document No. 2000-0029586 in Volume 4634 Page 0390 in the Collin County Deed Records (CCDR), and
being more particularly described as follows:
BEGINNING at a found scribed "X" in concrete pavement at the intersection of the south right-of-way line of
Stacy Road (140' wide right-of-way) and the east right-of-way line of Watters Road (variable width right-of-
way, 140' at this point) as described in Waterford Trails Phase 1, an addition to the City of Allen recorded in
Cabinet N Page 477 in the Collin County Plat Records;
THENCE North 89049'19" East, 1193.79 feet along the south line of Stacy Road to a found scribed "X" to
concrete pavement;
THENCE South 00°34'03" West, 247.89 feet along the west right-of-way line of Curtis Lane (80' wide right-
of-way) to a comer at a rock column;
THENCE Westerly along the north side of the 16' wide alley as described in said Waterford Trails Phase 1 the
following:
THENCE South 8914945" West, 312.03 feet to a found 1/2 inch iron rod with Huitt Zolla s cap;
' THENCE South 00134'03" West, 70.35 feet to a set 1/2 inch iron rod with C&P cap;
THENCE North 90°00'00" West, 172.54 feet to a set I/2 inch iron rod with C&P cap;
THENCE South 00°00'00"
East, 38.42 feet to a set 1/2 inch iron rod with C&P cap;
THENCE South 87002'03"
West, 217.58 feet to a set 1/2 inch iron rod with C&P cap;
THENCE North 85°30'25"
West, 326.16 feet to a set 1/2 inch iron rod with C&P cap;
THENCE North 00°00'00"
Fast, 10.45 feet to a set 1/2 inch iron rod with C&P cap;
THENCE North 90°00'00"
West, 209.65 feet to a set 1/2 inch iron rod with C&P cap;
THENCE Northerly along
said east line of Watters Road the following:
THENCE Northerly an are distance of 57.41 feet along a non -tangent curve to the left with a radius
of 700.00 feet, a central angle of 4°41'58", and the chord bears North 15°45'04" East 57.40 feet o a set
1/2 inch iron rod with C&P cap;
THENCE Northerly an me distance of 266.66 feet along a compound curve to the left with a radius of
1120.00 feet, a central angle of 139830", and the chord bears North 06°34'50" East 266.04 feet o a
found scribed "X" in concrete pavement;
' THENCE North 00°14'25" West, 9.59 feet to the POINT OF BEGINNING and CONTAINING
384,696 square feet or 8.8314 acres of land, more or less.
Ordinance No. 3065-02-12. Page 3
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EXHIBIT `B"
CONCEPTPLAN
Ordinance No. 3065.02-12, Page 4
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F
Cl
EXHIBIT "C"
BUILDING ELEVATIONS
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Ordinance No. 3065-02-12, Page 5