O-2668-10-07ORDINANCE NO. 2668-10-07
' 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 GRANTING AN AMENDMENT
TO "PD" PLANNED DEVELOPMENT NO. 73, ORDINANCE NO. 2577-11-06, AS
HERETOFORE AMENDED, TO AMEND THE DEVELOPMENT REGULATIONS,
ATTACHED AS EXHIBIT "B." AND TO PROVIDE A CONCEPT PLAN, ATTACHED
AS EXHIBIT "C," FOR THE VILLAGE AT ALLEN, 181.341± ACRES OUT OF THE
HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND THE F.C. WILMETH
SURVEY, ABSTRACT NO. 999; BEING FURTHER DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING
FORA SEVERABILITY CLAUSE; 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 fav
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 set out below.
' 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,
Texas, as heretofore amended, is hereby further amended by granting an amendment to "PD" Planned
Development No. 73, Ordinance No. 2577-11-06, being 181.341± acres of land out of the Henry Wetsel
Survey, Abstract No. 1026, and the F.C. Wilmeth Survey, Abstract No. 999, being further described in Exhibit
"A," attached hereto, and made a part hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations attached hereto as Exhibit "B," and the Concept Plan attached hereto as Exhibit "C," and which
are hereby approved, except as noted on the Development Regulations.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended 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. Planned Development No. 73, Ordinance No. 2577-11-06, shall continue in full force and
effect, except as amended herein.
' SECTION 6. 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.
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SECTION 7. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION & 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 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, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 9. 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 9TH DAY OF OCTOBER, 2007.
APPROVED AS TO FORM:
Peter G. Smith, CITY A ORNEY
APPROVED:
Stephed Terrell, MAYOR
ATTEST:
Shelley B. Georg , C, CITY S TARY
Ordinance No. 2665-10-07, Page 2
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E7II]BIT -A-
LEGAL DESCRIPTION
EXHIBIT "A"
VILLAGE AT ALLEN
BEING two tracts of land situated in the Henry Weisel Survey, Abstract No. 1026
and the F.C. Wilmeth Survey, Abstract No. 999, and being all of the same tract of
land shown on the Boundary Survey by Surdukon Surveying, Inc. (job #23074).
dated July 3, 2003, also being a portion of the some tract of lend conveyed to
Glenn Holloway Coleman by deed recorded in Volume 2332, Page 107, Deed Records
of Collin County, Texas (D.R.C.C.T.), and all of the some tract of land conveyed to
Lu F. Yarbrough by deed recorded in Volume 4375, Page 51, D.R.C.C.T., and filed
under County Clerk's File No. 99-0031898, and being more particularly described as
follows:
BEGINNING of a 5/8" Iron rod set for comer at the Intersection of the
southeasterly right—of—way line of the D.A.R.T. roil (100' R.O.W.) and the south
right—of—way the of FM 2786 (Stacy Road, 120' R.O.W.), sold 5/8" Iron rod also
being the northwest corner of said Surdukon Boundary Survey,
THENCE N8957'21"E, along the south right—of—way line of said FM 2786, a
distance of 441.73 feet to a 5/8" iron rod set for comer and the beginning of o
curve to the right having a radius of 5669.58 feet;
THENCE continuing along said south right—of—woy line and said curve to the right,
an arc distance of 119.90 feet through a central angle of 01'12'42' and a chord
bearing and distance of S89'26'15"E, 119.90 feel to a 5/8" iron rod set for comer,
THENCE S88'49'57"E, continuing along said south right—of—way line, a distance of
1648.53 feet to a 5/e" Iron rod set for corner at the northwest corner of
aforementioned Lu F. Yarbrough tract and being in the west line of a tract of land
conveyed to North Allen Investments, Ltd., by deed recorded in Volume 4223, Page
2317, D.R.C.C.T. and filed under County Clerk's File No. 98-0084894;
THENCE S00'22'06"W, leaving the south right—of—way lime of said FM 2786 and
along the east line of said Yarbrough tract and the west line of sold North Allen
Investments tract, a distance of 581.25 feet to a 1/2' Iran rod set for comer,
said iron rod being a northeast corner of said Yarbrough tract and a northwest
corner of the Reid Farm, Phase II Addition an addition to the Town of Fairview
according to the plat thereof recorded in Volume 4799, Page 495, Plat Records of
Collin County, Texas (P.R.C.C.T.)I
THENCE S20'29'46"W, along the east line of said Yorbrough tract, a distance of
1420.88 feet to a 1/2' Iron rod found for corner at the southwest comer of said
Reid Farm Addition and the northwest corner of the Spring Meadows Addition, an
addition to the Town of Fairview according to the plot thereof recorded in Volume
4852, Page 87, P.R.C.C.T., and filed under County Clerk's File No. 2001-0014054;
THENCE S20'42'01"W, 'along the east line of said Yarbrough tract and the west line
of said Spring Meadow Addition, a distance of 1281.13 feet to a 1/2" Iron found
for comer at the southeast corner of said Yarbrough tract and being an Inner ell
comer for said Spring Meadow addition;
Ordinnum No. 2668-10-07, Page 3
9¢ET n Or 2
EXHIBIT 'A'
VILLAGE AT ALLEN
THENCE N6614'36"W, along a north line of said Spring Meadow Addition and the
south line of sold Yarbrough tract, a distance of 1132.16 feet to a 5/8" iron rod
set for comer, said 5/8" Iron rod being In the west line of said Spring Meadows
Addition and the east line of a tract of land conveyed to LLG Lands, Inc., by
document filed under County Clerks File No. 93-0102582;
THENCE
N00'15'30'E. along
the east line of said LLG Lands tract and
the west line
of said
Yarbrough tract, a
distance of 73.32 feet to a 1/2" Iran rod
found for
comer,
said 1/2" iron rod
being in the west line of said Yarbrough tract and ciao
being the southeast comer
of aforementioned Surdukon Surveying, Inc.
Boundary
Survey,
THENCE NB8'31'48'W, along the south line of said Boundary Survey and the north
tine of sold LLG Lands tract, a distance of 416.72 to a capped iron rod found for
corner;
THENCE N89'02'39"W, continuing along sold common line, a distance of 1581.33
feet to a capped iron rod found for comer, said capped iron rod being the
southwest corner of said Boundary Survey and being In the southeasterly
right—of—way line of aforementioned D.A.R.T. roil and the beginning of a
non—tongent curve to the right having a radius of 2814.79 feet; _
THENCE along the southeasterly right—of—way line of said D.A.R.T. roil
right—of—way, the westerly line of said Surdukon Survey and said non—tangent
curve to the right, an orc distance of 1003.99 feet through o central angle of
20'26'12" and a chord bearing and distance of N27'31'43"E, 998.66 feet to a
5/8" iron rod set for comer;
THENCE N37'51'57"E, continuing along said southeasterly right—of—way line, a
distance of 2144.44 feet to the POINT OF BEGINNING and containing 7,899,198
square feet or 181.341 ocres of land.
SHEET 2 OF 2
Ordinance No. 2668-10-07, Page 4
EXMIT "B"
DEVELOPMENT REGULATIONS
This planned district is designed to permit flexibility and encourage a more creative, efficient and
aesthetically desirable design and placement of buildings, open spaces and circulation patterns, by allowing a
mixture or combination of uses, and to best utilize special site features, such as topography, size and shape.
The Village at Allen District is intended to promote the compatible mixed-use development of retail,
commercial, entertainment, hotel, and office. Parking facilities will be shared to the maximum extent
practicable, and pedestrian connections will be emphasized.
1. Base Zoning District
The property shown as Tract 2 on Exhibit "A," attached hereto, shall be developed and used in
accordance with "SC" Shopping Center District regulations, except as otherwise provided herein.
The property shown as Tract 1 on Exhibit "A," attached hereto, shall be developed and used only
in accordance with the "CC" Condor Commercial District regulations, except as otherwise
provided herein.
2. Area Reeulations
• Minimum lot area: None
• Minimum width of lot: None
• Minimum depth of lot: - - None
• Maximum height of building: 12 stories/160 feet
• Minimum front yard: None
' • Minimum rear yard: 0 feet
• Minimum side yard: 0 feet
• Maximum lot coverage: 95%
• Maximum Floor Area Ratio (FAR)* 0.25
• Maximum height of buildings within 300 feet adjacent to residential uses shall be subject to
the maximum height restrictions of Corridor Commercial Zoning District Regulations.
• Setback from US75 to building exterior: 50 feet
• Setback from Stacy Road to building exterior: 25 feet
• Setback from Allen Station Parkway to building exterior: 25 feet
*The FAR calculation is for the entire development. It is understood that individual sites within
the development may exceed 0.25 and be offset by others being less.
No buildings for uses noted by ** are allowed within 300 feet adjacent to residential uses.
Within this buffered area, a minimum 25 -ft. landscape buffer is required adjacent to the property
line.
3. Schedule of Permitted Uses
• Amusement Commercial (indoor)
• Antique Shop
• Auto Parts Sales
• Bakeries (Wholesale)
• Bakery or confectionery
t Banks and Financial Institutions
• Beer and Wine Package Sales
• Bicycle Shop / Repair Service
• Book, Card, or Novelty Shops
Ordinance No. 2608-10-07, Page 5
Ordinance No. 2668-10-07, Page 6
•
Building Materials Sales (indoor)
'
•
•
Catering
Clinic, Medical
•
Coffee Shop with drive-through
•
Conference Center
•
Convenience Store
•
Day Care Facility
•
Department or Discount Stores
•
Drug Store or Pharmacy
•
Event Center
•
Equipment Rental
•
Fabrics or Needlework Shop
•
Fitness and Health Center
•
Florist
•
Food Service
•
Fraternal Org., Lodge, Civic Clubs
•
Furniture / Appliance Sales
•
Garage, Public Parking
•
Grocery
•
Gymnastic / Athletics
•
Hardware Store
•
Hotel** --
•
Key Shop, Locksmith
•
Laboratories; Dental
•
Laundry / Cleaning, Pick-up only
'
•
Museum, Library, Art Gallery (Public)
•
Nursery, Retail Plant
•
Office Use
•
Office Showroom / Warehouse'*
•
Park or Playground (Public)
•
Public Service Facility
•
Restaurant (Drive-in or through)**
•
Restaurant (No Drive-in or through)
•
Retail Store
•
School, Business and Trade
•
School, Public
•
Theater
•
Upholstery Shop
•
Veterinary Hospital or Clinic
•
Loading docs, garages or any related loading or service areas**
The
following uses are permitted upon approval of a Specific Use Permit:
•
Adult Day care
•
Amusement, Commercial (Outdoor)**
•
Beer & Wine Package Sales with greater than 50% of revenue from Beer & Wine
•
Building Materials Sales(outdoor)•*
'
•
•
Firearms Sales and Service
Fueling Station
Laboratories: BIO Safety Level 2**
•
Laboratories: BIO Safety Level 3**
•
Laundry / Cleaning Plant, Retail w/Pick up
Ordinance No. 2668-10-07, Page 6
• Lawn Equipment Sales & Repair **
'
•
•
Mass Transit Commuter Pick-up
Motorcycle Sales & Service **
•
Open Storage
•
Pest Control Service
•
Private Club
•
Radio or TV Broadcast Studio
•
Restaurant / Private Club
•
Teen Club
The following uses are permitted as a temporary use:
• Concrete Batch Plant (Must be located a minimum of 500 feet from any existing residential
structure)
• Construction Office
• Real Estate Sales Office (temp)
4. Buildine Materials
• Exterior construction materials and finishes should be durable, weather and moisture
resistant, and require low maintenance. Brick, stone, concrete, metal, glass and synthetic
materials are acceptable exterior materials. Use of wood and non -rustproof metals is
permitted, but not as primary materials.
5. Outdoor Lighting
• Glare: Exterior lights shall be constructed in a manner consistent with the Property
' Maintenance Code requirements and shall be located so as to not produce direct illumination
across the boundary property line in excess of 0.25 footcandles in the retail area. In the
hotel, and office area, full cut off fixtures will be provided at the residential property line
resulting in no bleed into the residential areas.
• Maximum Luminaries Mounting Height -35 feet.
• Pole standards shall be square, straight, or round tapered; steel or aluminum with an anchor
base.
• Luminary types shall meet the requirements of Section 7.03.4.
• All wiring and associated raceways for parking area lighting shall be installed underground
except as permitted by the City.
• If a rear yard security light is mounted higher than 10 feet, it shall be placed at the property
line and directed away from adjacent properties, and meet the requirements of the Allen
Land Development Code.
• Maximum over all foot candle of 4.0 average maintained throughout.
6. Parkin Requirements
• All off-street parking shall be shared per the study performed by Walker Parking
Consultants.
• Off-street parking may be provided by either structured garage or on surface parking areas
within The Village at Allen District.
• The number and location of off-street loading spaces and truck loading berths shall be per the
Concept Plan.
• All parking, loading and maneuvering of the trucks shall be conducted off-street on private
' property.
• Required passenger vehicle parking shall be allowed within the truck loading berth area. No
passenger vehicle parking spaces will be allowed in the truck maneuvering area.
Ordinance No. 2668-10-07, Page 7
• Screening of truck loading berth and apron space will be by a combination of permanent
architectural and landscape elements, such as walls, berms, trees, and shrubs.
• Loading Docks are not required.
7. Landscanine
• Required trees may be planted in groupings to provide a more dramatic impact of the
landscaping upon approval of the Parks Department.
8. Fences and Walls
• Screening of lots abutting the residential area shall be permitted to commence after P & Z
approval of the revised PD and preliminary plat. A combination of landscape screening and
architectural features may be used if approved by the Planning and Zoning Commission upon
a recommendation by City Staff.
9. Sign Regulation
• Please refer to the "Sign Type" chart and corresponding "Sign Location Plan" attached
hereto and made part of this Planned Development Ordinance for site specific signage.
• The L.E.D. ("Pylon") sign shall be for exclusive use of the Developer and the City of Allen
and their respective permitees.
Signs for individual (tenant) uses within The Village at Allen District will be subject to the City of Allen
sign ordinance, unless otherwise detailed herein, and in no event shall individual letters exceed a
maximum height of 72 inches.
' Hotel and Event Center Simage: While it will be permissible for the Hotel and Event Center to
advertise on The Village at Allen District internal signage and excluding the L.E.D. ("Pylon") referenced
in the "Sign Type" chart attached hereto, it is understood that signage for the Hotel and Event Center
shall be architecturally harmonious with The Village at Allen signage, and shall meet all City of Allen
sign ordinance regulations, unless otherwise detailed herein. Hotel and Event Center (tenant specific)
signage, shall be considered to be separate from The Village at Allen PD sign details and specifications,
but shall be required to follow all City of Allen sign ordinance regulations.
10. Detention / Retention Pond
• All detention / retention ponds will be constructed as amenities for the property. This will
include aerator fountain and landscaping to enhance the area.
11. Commencement of Construction
• With the approval of the Preliminary Plat and Concept Plan by the Planning and Zoning
Commission and Construction Plan approval by the City of Allen engineering department,
the developer may commence construction of the underground utilities/infrastrncture, paving
of public streets, and the installation of the 8 foot masonry fence parallel to the home
owners' property line. No other work shall be approved or commenced until the Final Plat
has been approved.
12. Public Roadways. (Allen Station Parkway)
• In the event that changes in the Concept Plan, attached hereto, including but not limited to
the final placement of the Hotel and Global Entertainment complex, cause an adjustment to
' the alignment of Allen Station Parkway, said adjustment east or west within 20 feet, as
shown, shall be pemtitted without revising the Planned Development. Said changes will be
required to meet all existing building codes for construction and shall be submitted with
applicable drawings to the City of Allen for approval and permitting.
Ordinance No. 2668-10-07, Page 8
13. Concept Plao (South Parking Garage and adjacent office building to south of the south garage)
' • Prior to the issuance of a building permit for the south parking garage and/or the adjacent
office building to the south of the south parking garage, as shown on the Concept Plan, the
City Council shall, after a public hearing, approve a new Concept Plan for such structures as
well as for the earthen berms and landscaping which serves as screening of the adjacent
residential properly to the east of the properly from the development as shown on the
Concept Plan.
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Ordinance No. 2668-10-07, Page 9