O-3066-2-12ORDINANCE NO. 3066-2-12
' 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 NO. 92 BY AMENDING THE DEVELOPMENT REGULATIONS
AND ADOPTING A CONCEPT PLAN AND BUILDING ELEVATIONS FOR
'TRACT M' OF PD 92 BEING 3.76± ACRES OF LAND IN THE FRANCIS DOSSER
SURVEY, ABSTRACT NO. 280, 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 and adopting a Concept
Plan and Building Elevations for Tract M of Planned Development PD No. 92 being 3.76f acres in the Francis
Dosser Survey, Abstract No. 280, City of Allen, Collin County, Texas, and being further described in Exhibit
"A" attached hereto ("the Property") (the Property being the remainder of the same land described as Tract M
in Exhibit "A" of Ordinance No. 2272-3-04).
SECTION 2. Exhibit "E" titled "Development Regulations" of Ordinance No. 2272-3-04 shall be
amended by amending the Development Regulations applicable to Tract M under the heading "Tracts M and
O" to read as follows:
TRACTS M AND O
The property located in Tracts M and O shall be used and developed in accordance with the
zoning regulations for the Shopping Center SC district in the Allen Land Development Code,
except as otherwise provided below:
A. Prohibited Uses: The following uses will NOT be permitted on Tracts M and O:
1. Auto Part Sales
' 2. Automotive Repairs
3. Building Materials Sales
4. Equipment Rental
5. Laboratories
6. Pawn Shops
Restaurant with drive-through(as to Tract M, only).
IB. Use Subiect to Specific Use Permit: All or a portion of Tracts M and O may be
used and developed for a fueling station upon approval of a specific use permit for
such use.
C. Drive -Through: With respect to Tract M, only, and only if constructed in
association with a use other than a restaurant, a drive-through may be located and
constructed in association with the building to be located on Lot 1 as shown on the
adopted Concept Plan for Tract M, if shown on the Site Plan approved in conjunction
with the development of Lot 1, 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.
D. Driveway Access: With respect to the development of Tract M, two (2) points of
access along Stacy Road will be allowed at the locations shown on the Concept Plan
approved for Tract M, provided the extension of the deceleration lane shown on said
Concept Plan is constructed and completed.
E. Screening: With respect to the development of Tract M, screening shall be
constructed and/or installed along the northern and eastem property boundaries and
shall consist of an existing 6.5 -foot masonry wall, shade trees and a continuous
evergreen shmb screen.
SECTION 3. The Property shall be used and developed in accordance with the development and use
regulations of Planned Development No. 92 (PD 92) as amended by this Ordinance. In addition, the Property
shall be used and developed in accordance with the Concept Plan and Building Elevations attached hereto as
Exhibits `B" and "C," respectively, and incorporated herein by reference.
SECTION 4. 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 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Allen Land Development Code, 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, as amended hereby, which shall remain in full force and effect.
SECTION 6. 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 7. 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 S. 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 14 To DAY OF FEBRUARY, 2012.
Ordinance No. 3066-2-12 Page 2
APPROVED AS TO FORM:
Peter G. Smith, C ATTORNEY
1
APPROVED:
Stephe errell, MAYOR
ATTEST:
Shelley B. C EE� TARY
Ordinance No. 3066-2.12. Page 3
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EXHIBIT "A"
LEGAL DESCRIPTION
A tract or parcel of land situated In the Francis Domer Survey, Abstract No. 280, h the Clry of Allen,
Collin County, Texas, and being all that certain tract of land described in deed to Stacey Watters
Partners, Uri., as recorded in Document No. 20061018001500470, Deed Records, Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a K" Ysrh Iron rod found for the southeast comer of said Stacey Watters Partners tract,
same being in the north right-of-way line of Stacy Road (a variable width right-of-way), same being the
southwest comer of Stamreek Phase One, an addition to the City of Allen, Collin County, Texas,
according to the plat thereof recorded in Cabinet O, Slide 658, Map Records, Collin County, Texas;
THENCE Westerly, along the common line of said Stacey Watters Partners tract, and the north rlghtof-
way line of said Stacy Road, the following three (3) ah:
South BB'52'02' West, a distance of 165.29 feet to a W inch Won rod found for an angle point;
North 97'18'37" West, a distance of 150.00 het to a K" inch iron rod found With "DAA' cap
found for an angle point;
South 89'52'02" West, a distance of 200.00 feet to a S/8 Inch Iron rod found for the south end
of a comer clip at the intersection of the north right-of-way line of said Stacy Road with the east
' rightof-way ll a of Watters goad (a variable wNlth rightN-way';
THENCE North 4558'41" West, along saki corner ckp, a distance of 35.26 feet to a K' Iron rod found for
the north end of seal comer clip;
THENCE North 00'4924" West, along the common lire of said Stacey Watters Partners tact, and the
east rightof-way line of said Walters goad, a distance of 200.00 feet to a 12 Inch iron rod found with
'DAA" cap for an angle point
THENCE North 00'3614" West cottinuhg along the common line of said Stacey Watters Partners tract,
and the east rlgMot-way Ilne of said Watters Roa 1, a distance of 75.15 feet to an'X' cut found for the
northwest comer of said Stacy Watters Partners tact, same being the isfost westerly southwest corner
of aforemid Starcreek Phase One;
THENCE along the common line of said Stacey Watters Partners tract, and said Starcreek Phase One, the
following three (3) calls:
North g8'S2'02' East, a durance of 504.79 feet to an'X' cut found for the beginning of a curve
to the right having a radius of 40.00 feet, all a delta angle of 90'18'35";
Along said curve to the right an arc distance of 63.05 feet, and a chord tearing and distance of
South 45'5640" East 56.72 feet to a W iron rod found with 'DAA" cap;
South 00'4924" East, a distance of 269.79 feet to a POINT OF BEGINNING and containing
163,933 square feet or 3.76 acres of computed land, more or less.
Ordinance No. 3066-2-12, Page 4
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EXHIBIT "B"
CONCEPTPLAN
Ordinance No. 3066-2-12 Page 5
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