O-2917-6-10ORDINANCE NO. 2917-6-10
' 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, AS PREVIOUSLY AMENDED, BY
CHANGING THE ZONING OF A 14.0E ACRE TRACT OF LAND OUT OF THE L.K.
PEGUES SURVEY, ABSTRACT NO. 702, THE F.C. WILMETH SURVEY, ABSTRACT
NO. 999, AND THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF
ALLEN, COLLIN COUNTY, TEXAS; SAID TRACT BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AND WHICH PROPERTY IS
PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 58 "LP' LIGHT
INDUSTRIAL AND "PD" PLANNED DEVELOPMENT NO. 73 "SC" SHOPPING
CENTER TO "PD" PLANNED DEVELOPMENT NO. 103 "SC" SHOPPING CENTER;
ADOPTING DEVELOPMENT REGULATIONS FOR SAID "PD" PLANNED
DEVELOPMENT NO. 103 "SC" SHOPPING CENTER; ADOPTING A CONCEPT
PLAN; ADOPTING A LANDSCAPE PLAN; ADOPTING BUILDING ELEVATIONS;
ADOPTING A SIGN PLAN; ADOPTING AN OUTDOOR SALES/DISPLAY
EXHIBIT; ADOPTING A LIGHTING EXHIBIT; ADOPTING A SCREENING
EXHIBIT; ADOPTING A DOG KENNEL DETAIL; PROVIDING FOR A CONFLICT
RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR 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, 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended, should be further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUN'T'Y, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen,
Texas, as amended, shall be further amended by changing the zoning of a14.0 t acre tract of land out of the L.K.
Pegues Survey, Abstract No. 702, the F.C. Wilmeth Survey, Abstract No. 999, and the Henry Wetsel Survey,
Abstract No. 1026, City of Allen, Collin County, Texas, said land being more particularly described in Exhibit
"A," attached hereto and incorporated herein by reference C the Property"), from "PD" Planned Development No.
58 "LP' Light Industrial and "PD" Planned Development No. 73 "SC" Shopping Center, to "PD" Planned
Development No. 103 "SC" Shopping Center.
SECTION 2. The Property shall be developed and used in accordance with the development and use
' regulations of the "SC" Shopping Center Zoning District as set forth in the Allen Land Development Code
except as supplemented or modified as follows:
A. Concept Plan: The Property shall be developed and used in accordance with the Concept Plan
attached hereto as Exhibit "B" and incorporated herein by reference.
' B. Building Elevations/Materials: In general, the Property shall be developed and used in accordance
with the building elevations attached hereto as Exhibit "C," and incorporated herein by reference.
Building elevations may include brick, stone, concrete, concrete block, metal, glass, metal panels,
natural materials (i.e. wood, etc.), glazing, and stucco. Alternate designs can be approved by the
Director of Planning and Development.
C. Area. Height. and Setback Regulations: The Property shall be developed in accordance with the
Following area, height, and setback regulations:
(1) Maximum Building Height: 60 feet
(2) Minimum front yard: 50 feet
(3) Minimum side yard: 25 feet (from Allen Station Parkway)
25 feet (from DART right-of-way)
(4) Minimum rear yard: 25 feet
(5) Landscape Easement: 10 feet along Village Drive (to become known
as Cabela Drive)
' Setback along Allen Station Parkway shall be
as illustrated on the Concept Plan
5 feet along DART right-of-way
None along southern property line
D. Schedule of permitted uses: In addition to the uses allowed in the "SC" Shopping Center District, the
Ordinance No. 2917-6-10, Page 2
Property may be used for the following purposes:
(1)
Firearms sales and service
(2)
RV Waste Disposal Facility, provided that such use shall be limited to the area of the
Property indicated on the Concept Plan and subject to the additional regulations set forth in
Paragraph 1(4)(a),below.
(3)
Outside/onsite dog kennel, provided such use shall:
(a) be limited to the area of the Property indicated on the Concept Plan;
(b) subject to the additional regulations set forth in Paragraph 1(4)(b), below; and
(c) be designed substantially in accordance with the detail attached hereto as Exhibit
'
"D," and incorporated herein by reference.
for
(4)
Outside/onsite horse coral, but only after obtaining a Specific Use Permit ("SUP") such
use.
Ordinance No. 2917-6-10, Page 2
(5) Boat and boat accessories sales and service/repairs/hoist.
(6) ATV sales, service and repairs.
(7) Outside display of hunting items (e.g., tree- stands, blinds, chairs, etc.), Camping Items (e.g.
tents, BBQ grills, etc.), and Marine Items (e.g. kayaks, canoes, single person flotation);
provided, however, such use shall be limited to the locations identified on the "Outdoor
Sales/Display Exhibit' attached hereto as Exhibit "E," and incorporated herein by reference.
(8) Outdoor food vendors (e.g. popcorn sales in self contained trailer, food items during tent sales
and special event weekends, etc.) provided, however, such use shall be limited to the
locations identified on the "Outdoor Sales/Display Exhibit."
(9) Outside sales, including vendors, subject to the following additional limitations:
(a) Such use shall be limited to the location identified on the "Outdoor Sales/Display
Exhibit."
(b) Tent sales events are limited to six (6) events through the year that average three (3)
to four (4) days in length. Tent sales events will be in compliance with the City's
tent permit application.
(c) Sidewalk sales may occur throughout the year provided:
(i) there shall be no more than twelve (12) sidewalk sales events during a
calendar year;
' (ii) each sidewalk sale event shall be limited to a duration of three (3)
consecutive days; and
(iii) all sidewalk sales shall be limited to the locations identified on the "Outdoor
Sales/Display Exhibit' at the front of the store.
E. Outdoor lighting: The outdoor lighting installed on the Property shall be subject to the following:
(I) Maximum luminaries height — thirty feet (30.0') as detailed on the Lighting Exhibit attached
hereto as Exhibit "F," and incorporated herein by reference.
(2) Pole standards shall be square or tapered wood poles with steel or aluminum base.
(3) Up and down lighting on building columns are allowed.
(4) Down lights on wood brackets attached to the sides of the building are allowed.
F. Landscaping: The Property shall be developed in accordance with the Landscape Plan to be
developed as shown on Exhibit "G," attached hereto and incorporated herein by reference. In
addition, parking spaces shall be located a distance from the center point of any city -approved
parking lot tree as shown on the Concept Plan.
' G. Screening: The Property shall be developed with screening as required by the Allen Land
Development Code, provided, however, the Director of Planning and Development shall have the
authority to allow required screening to be substituted with an alternate design, including living
screens. In addition, the Property shall be developed in accordance with the following specific
screening requirements:
Ordinance No. 2917-6-10, Page 3
(1) A screening wall eight feet (8.0') in height shall be constructed substantially as show on the
Screen Exhibit attached hereto as Exhibit "H" and incorporated herein by reference, the
t Building Elevation, and the Concept Plan to screen the truck dock from the public right-of-
way.
(2) Screening for the boat storage area shall be an 8 foot high decorative metal fence with a
continuous row of evergreen shrubs not less than forty-two inches (42.0") tall spaced no
further apart than three foot (3.0') on center.
(3) Screening for the RV Waste Disposal Facility shall be a continuous row of evergreen sbmbs
not less than forty-two inches (42.0") tall spaced no further apart than three foot (3.0') on
center.
(4) Screening for the trash dumpster/compactor and recycle dumpster shall be a combination of
burning and landscape with a combined height of eight feet (8.0') as shown on the Concept
Plan and the Landscape Plan.
(5) Screening for utility boxes and similar appurtenances located on the exterior of any building
shall be a continuous row of evergreen shrubs not less than forty-two inches (42.0") tall
spaced no further apart than three foot (3.0') on center.
H. Sign Regulations: Signs placed on the Property shall be located and designed in accordance with the
Concept Plan and subject to the following:
(1) Monument Signs shall be located as shown on the Concept Plan, generally designed as set
forth in Exhibit "1," attached hereto and incorporated herein by reference, and subject to the
' following additional regulations:
(a) Maximum number of signs shall be two (2).
(b) Maximum height shall be eight feet (8.0').
(c) Maximum copy area shall be 100 square feet on each face.
(d) Maximum structure shall be 200 square feet on each face.
(2) Light Pole Banner Signs may be utilized for seasonal advertising/display and placed around
the site and within the parking lot.
Miscellaneous:
(1) Outdoor sales and display are permitted around the site as shown on the attached "Outdoor
Sales/Display Exhibit" Additional areas can be utilized for outdoor sales/display as
approved by the Director of Planning and Development.
(2) The operation of generators and other emergency equipment is allowed to maintain
operations of the facility.
(3) The boat hoist will be limited to loading and unloading of boats and materials associated with
' the operation. Boat repairs will not be made outside at the hoist.
(4) Operation of the RV Waste Disposal Site and Dog Kennel facilities located on the Properly
shall be subject to the following:
Ordinance No. 2917-6-10, Page 4
(a) The owner or operator (whichever is applicable) of the store located on the Property
must implement a policy regarding operation and use of the RV Waste Disposal
' Facility that, as a minimum, includes the following:
(i) The RV Waste Disposal Facility shall be reserved for use only by store
customers operating Recreational Vehicles owned or leased by the customer.
(ii) The store owner or operator will not permit waste from septic haulers or
commercial portable toilet waste to be disposed in the RV Waste Disposal
Facility.
(iii) The RV Waste Disposal Facility will be unlocked by only by a store
employee who will remain on-site to supervise customer use of the facility.
(iv) Before disposal of any waste may occur at the RV Waste Disposal Facility, a
potable water connection located by the facility must be established and
made available for customer and store employee use. No disposal of waste
will be allowed during any period in which the water connection is
unavailable.
(v) After each customer use, the store employee will assure any spilled wastes
are washed into the RV Dump Site's sanitary sewer connection; that the lid
to the sewer connection is properly sealed when the cover is reinstalled, and
that the facility is locked to prevent unauthorized use when a store employee
is not present.
' The store operator is responsible for assuring that septic wastes from RV's or from
the RV Waste Disposal Facility is not released into the adjacent parking
Iot(environment and that rainwater is not unnecessarily introduced into the RV Waste
Disposal Facility's sanitary sewer connection.
(b) Use of the Dog Kennel shall be limited to customers' personal pets while the
customers are shopping in the store located on the property. Water and dog bags will
be available at this location for customers' to use. The dog kennel units must be
constructed with a woven mesh material (polypropylene mesh with a 70% block in
dark green color) across the top and on three (3) sides to provide shade. No overnight
stays are allowed. Daily maintenance will occur to ensure the Dog Kennel area is
clean and ready
SECTION 3. The provisions of this Ordinance shall be controlling with respect to the use and
development of the Property for the purposes authorized in Sections 1 and 2, above. In the event of any
irreconcilable conflict with the provisions of this Ordinance and any other ordinances of the City of Allen, 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, 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 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.
Ordinance No. 2917-6-10, Page 5
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 STM DAY OF JUNE, 2010.
APPRO D:
Stephen Terrell, Mayor
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, City Attorney Shelley B. Georg Ci y Secretary
Ordinance No. 2917-610, Page 6
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
t A 14.000 ACRE PARCEL OF LAND OUT OF THE L.K. PEGUES SURVEY, ABSTRACT NO. 702, THE
F.C. WD,METH SURVEY, ABSTRACT NO. 999, AND THE HENRY WETSEL SURVEY, ABSTRACT
NO. 1026, COLLIN COUNTY, TEXAS, BEING PART OF LOT 1, BLOCK 1, ALLEN STATION
BUSINESS PARK, PHASE II, AN ADDITION TO THE CITY OF ALLEN AS RECORDED IN CABINET
R, SLIDE 229 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT), AND BEING ALL
OF A 1.120 ACRE TRACT OF LAND AS DEEDED TO THE CITY OF ALLEN AND RECORDED IN CC
FILE NO. 20071116001556210, DRCCT, AND BEING PART OF THE 20.7275 ACRE TRACT OF LAND
AS DEEDED TO ANDREWS FAMILY PROPERTIES, LLC AND RECORDED IN COUNTY CLERKS
FILE NO. 20080303000247380 DRCCT, AS SHOWN ON THE ATTACHED EXHIBIT "A" AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
IT IS THE INTENT TO DESCRIBE A TRACT OF LAND BEING BOUNDED ON THE NORTH BY THE
SOUTH LINE OF THE RIGHT OF WAY FOR VILLAGE DRIVE, BEING BOUNDED ON THE EAST BY
THE WEST LINE OF THE RIGHT OF WAY FOR ALLEN STATION PARKWAY, BEING BOUNDED
ON SOUTH BY A LINE WHICH MARKS THE SOUTH LINE OF THE NORTH 14 ACRES OF SAD)
ANDREWS FAMILY TRACT, AND BEING BOUNDED ON THE WEST BY THE EAST LINE OF THE
RIGHT OF WAY FOR THE DALLAS AREA RAPID TRANSIT (DART);
The POINT OF BEGINNING is the northwest comer of said Andrews Family tract, being on the south line of
the Right of Way for Village Drive, and being on the east line of the Right of Way for the Dallas Area Rapid
Transit (DART);
THENCE South 70038'14" East, with the north line of said Andrews Family tract, being the south line of the
Right of Way for Village Drive, a distance of 561.77 feet to a point at the beginning of a non -tangent curve to
the right;
THENCE continue with said common line, with said curve to the right, having a radius of 1055.00 feet,
through a central angle of 07037'08", an arc distance of 140.29 feet, and having a chord which bears South
66052'14" East, a distance of 140.19 feet to a point at the beginning of a non -tangent compound curve;
THENCE continue with said common line, with said curve to the right, having a radius of 38.50 feet, through
a central angle of 09039'30", an arc distance of 6.49 feet, and having a chord which bears South 59036'07"
East, a distance of 6.48 feet to a point;
THENCE, South 54046'19" East, continue with said common line, a distance of 109.94 feet to a point at the
beginning of a non -tangent curve to the left;
THENCE continue with said common line, with said curve to the left, having a radius of 261.50 feet, through
a central angle of 01*34'00", an are distance of 7.15 feet, and having a chord which bears South 55°33'18"
East, a distance of 7.15 feet to a point at the beginning of a tangent reverse curve;
THENCE continue with said common line, with said curve to the right, having a radius of 1045.00 feet,
through a central angle of 06°09'37", an arc distance of 112.36 feet and having a chord which bears South
53°16'21" East, a distance of 112.30 feet to a point;
THENCE continue with said common line, South 50007'01" East, a distance of 62.29 feet to a point at the
' beginning of a corner clip for the southwest comer of the intersection of Village Drive with Allen Station
Parkway;
THENCE South 01014'34" East, with said comer clip, a distance of 32.89 feet to a point on the east line of the
curving Right of Way of Allen Station Parkway;
Ordinance No. 2917fr10, Page 7
THENCE South 49012'08" East, with said corner clip, a distance of 0.63 feet to a point at the beginning of a
' non -tangent curve;
THENCE with said curving west line of the Right of Way for Allen Station Parkway to the right, having a
radius of 1095.00 feet, through a central angle of 00052'19", an am distance of 16.67 feet, and having a chord
which bears South 41014'02" West, a distance of 16.67 feet to a point on a comer clip;
THENCE South 00047'07" East, with said comer clip, a distance of 22.98 feet to a point at the beginning of a
non -tangent curve;
THENCE along the west line of the Right of Way for Allen Station Parkway with said curve to the right
having a radius of 616.00 feet, through a central angle of 16044'37", an arc distance of 180.02 feet, and having
a chord which bears South 60003'58" West, a distance of 179.38 feet to a point at the beginning of a tangent
compound curve;
THENCE continue with said Right of Way line with said curve to the right, having a radius of 287.00 feet,
through a central angle of 08059'23", an arc distance of 45.03 feet, and having a chord which bears South
72056'00" West, a distance of 44.98 feet to a point of tangent;
THENCE continue with said Right of Way line South 77°25'41" West, a distance of 59.58 feet to a point at
the beginning of a tangent curve;
THENCE continue with said Right of Way line with said curve to the left, having a radius of 336.00 feet,
through a central angle of 10022'16", an arc distance of 60.82 feet, and having a chord which bears South
72014'34" West, a distance of 60.74 feet to a point of tangent;
THENCE continue with said Right of Way line South 67003'26" West, a distance of 8.13 feet to a point at the
beginning of a tangent curve;
THENCE continue with said Right of Way line with said curve to the left, having a radius of 669.28 fact,
through a central angle of 09032'33", an arc distance of 111.47 feet, and having a chord which bears South
62°11'44" West, a distance of 111.34 feet to a point at the beginning of a non -tangent compound curve;
THENCE continue with said Right of Way line with said curve to the left, having a radius of 645.00 feet,
through a central angle of 33041'08", an arc distance of 379.21 feet, and having a chord which bears South
40004'09" West, a distance of 373.77 feet to a point;
THENCE North 78040'00" West, crossing said Andrews Family tract, a distance of 449.42 feet to a point on
the west line of said Andrews Family tract, being on the east line of the Right of Way for DART;
THENCE North 11'20'00" East, with said common line, a distance of 290.81 feet to a point at the beginning
of a tangent curve to the right;
THENCE with said Right of Way curve to the right, having a radius of 6812.41 feet, through a central angle
of 03°37' 13", an arc distance of 430.43 feet, and having a chord which bears North 13°04'22" East, a distance
of 430.36 feet to a point at the beginning of a compound curve to the right;
THENCE continue with said Right of Way curve to the right, having a radius of 2814.79 feet, through a
' central angle of 0304026", an arc distance of 180.48 feet, and having a chord which bears North 18057'53"
East, a distance of 180.45 feet to the POINT OF BEGINNING, and containing 14.000 acres of land.
NOTE: Bearings are based on the north line of the Final Plat for Allen Station Business Park Phase 1.
Ordinance No. 2917-6-10, Page 8
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Ordinance No. 2917410, Page 10
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Ordinance No. 2917-610, Page 11
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Ordinance No. 2917-6-10, Page 13
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Ordinance No. 2917-6-10, Page 14
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LANDSCAPE.Pl.AN
Ordinance No. 2917810, Page 15
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Ordinance No. 2917-6-10, Page 16
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SCREENING EXHIBIT
Ordinance No. 2917-610, Page 17
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Ordinance No. 2917-610, Page 19