O-2577-11-06ORDINANCE NO. 2577-11-06
' 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
GRANTING A CHANGE IN ZONING FROM "CC" CORRIDOR COMMERCIAL AND
"PD" PLANNED DEVELOPMENT NO. 73 TO PLANNED DEVELOPMENT NO. 73 TO
ALLOW "SC" SHOPPING CENTER DISTRICT USES FOR 181341± 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 DEVELOPMENT REGULATIONS, ATTACHED
AS EXHIBIT "B" AND A CONCEPT PLAN, ATTACHED AS EXHIBIT "C";
PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A 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 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 set out below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
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 a change in zoning from "CC" Corridor
Commercial and "PD" Planned Development No. 73 to Planned Development No. 73 to allow "SC" Shopping
Center District Uses for 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, from "CC" Condor Commercial District to `5C" Shopping Center District.
SECTION2: The property shall be developed and used only in accordance with the Development
Regulations attached as Exhibit `B," and the Concept Plan attached hereto as Exhibit "C," and which are
hereby approved.
SECIION 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. 1634-9-98, 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
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Code, as amended hereby, which shall remain in full force and effect.
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 8: Any person, fam 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, TEXAS, ON
THE 28TH DAY OF NOVEMBER, 2006.
APPROVED AS TO FORM:
6� ���
Pete G. Smith, CJTWATTORNEY
APPROVED:
Stephen QFerrell, MAYOR
ATTEST:
Wc,�-.:
Vin- Ti
Ordinance No. 2577-11-06, Page 2
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EXICBIT"A"
LEGAL DESCRIPTION
EXHIBIT "A'
VILLAGE AT ALLEN
BEING two tracts of land situated in the Henry Wetsel Survey, Abstract No. 1026
and the F.C. Wilmelh Survey, Abstract No. 999, and being all of the some tract of
land shown on the Boundary Survey by Surdukw Surveying. Inc. (job #23074),
dated July 3, 2003, also being a portion of the some tract of land 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 at a 5/8" iron rod set for comer at the intersection of the
southeasterly right—of—way line of the D.A.R.T. rail (100' R.O.W.) and the south
right—of—way line of FM 2786 (Stacy Road, 120' R.O.W.), said 5/8" iron rod also
being the northwest corner of said Surdukan Boundary Survey,
THENCE N89'57'21"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 a
curve to the right having a radius of 5669.58 feet;
THENCE continuing along said south right—of—way line and sold curve to the right,
an arc distance of 119.90 feet through a central angle of 0112'42" and a chord
bearing and distance of S89'26'15"E, 119.90 feel to a 5/8" iron rod set for comer;
THENCE 586'49'57"E, continuing along said south right—of—way line, a distance of
1648.53 feet to a 5/8" iron rod set for corner at the northwest comer 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—woy line of said FM 2786 and
along the east line of said Yarbrough tract and the west line of said North Allen
Investments tract, a distance of 581.25 feet to a 1/2" Iron rod set for corner,
said iron rod being o 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.);
THENCE S20'29'46"W, along the east line of said Yorbrough tract, a distance of
1420.88 feet to 0 1/2" iron rod found for corner at the southwest corner of said
Reid Farm Addition and the northwest corner of the Spring Meadows Addition, on
addition to the Town of Fairview according to the plot thereof recorded in Volume
4852, Pogo 87, P.R.C.C.T., and fled under County Clerk's File No. 2001-0014054;
THENCE 520'42'01"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" Iran found
for corner at the southeast corner of said Yarbrough tract and being an inner ell
comer for sold Spring Meadow addition;
Ordinance No. 2577-11-06, Page 3
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EXHIBIT "A"
VILLAGE AT ALLEN
THENCE N6614'36"W, along a north line of saitl 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 coma, 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 Clerk's file No. 93-0102562;
THENCE NOO'15'30"E, along the east line of sald LLG Lands tract and the west line
of said Yarbrough tract, a distance of 73.32 feet to a 1/2" Iron rod found for
corner, said 1/2" Iron rod being in the west line of said Yarbrough tract and also
being the southeast comer of aforementioned Surdukan Surveying, Inc. Boundary
Survey,
THENCE N88'31'48"W, along the south line of said Boundary Survey and the north
line of said LLG Lands tract, o 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 corner, 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. rail and the beginning of a
non—tongent curve to the right having a radius of 2814.79 feet;
THENCE along the southeasterly right—of—woy line of sold D.A.R.T. rail
right—of—way, the westerly line of said Surdukan Survey and sold non—tangent
curve to the right, an arc distance of 1003.99 feet through o central angle of
20'26'12" and a chord bearing and distance of N2731'43"E, 998.68 feet to a
5/8" iron rod set for comer;
THENCE N37'51'57"E, continuing along sold 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 acres of land.
Ordinance No. 2577-11-06, 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, sin and shape.
The Village at Allen District is intended to promote the compatible mixed-use development of retail,
commercial, entertainment, and office. Parking facilities will be shared to the maximum extent practicable
and pedestrian connections will be emphasized.
1. Base Zonine District
The property shall be developed and used only in accordance with the "SC" Shopping Center Zoning
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/I60 feet.
• Minimum front yard: None
• Minimum rear yard 0 feet
• Minimum side yard 0 feet
' • Maximum lot coverage 95%
• Maximum Floor Area Ratio' 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.
*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 properly line.
3. Schedule of Permitted Uses
• Amusement, Commercial (indoor)
•
Antique Shop
•
Auto Parts Sales
•
Bakeries (Wholesale)
•
Bakery or Confectionery
•
Banks and Financial Institutions
•
Beer and Wine Package Sales
•
Bicycle Shop / Repair Service
•
Book, Card, or Novelty Shops
•
Building Materials Sales (indoor)
•
Catering
' • Clinic, Medical
• Convenience Store
• Day Care Facility
• Department or Discount Stores
• Drug Store or Pharmacy
Ordinance No. 2577-11-06, Page 5
•
Equipment Rental
•
Fabrics or Needlework Shop
•
Fitness and Health Center
•
Florist
•
Food Service
•
Fratemal 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 docks, 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 Sale & Service
•
Fueling Station
•
Laboratories: BIO Safety Level 2 *"
•
Laboratories: BIO Safety Level 3 **
•
Laundry, Self-service
•
Laundry / Cleaning Plant Retail w/Pick up
•
Lawn Equipment Sales & Repair **
•
Mass Transit Commuter Pick-up
•
Motor Cycle Sales & Service **
•
Open Storage
•
Pest Control Service
Private Club
Radio or TV Broadcast Studio
•
Restaurant / Private Club
•
Teen Club
Ordinance No. 2577-11-06, Page 6
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. Hotel Site Plan
Prior to the approval of any plat for the hotel site as shown on the concept plan and prior to the
issuance of any building permit for the construction of the hotel, a further detail site plan for the hotel
site as shown on the concept plan shall be submitted to the City Council for review and approval
following a public hearing.
5. 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.
6. Outdoor Liehtime
Olare: 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 foot-candles in the retail area. In the hotel, office area, zero foot-
candles across property line will be allowed.
• Maximum Luminaire Mounting Height — 35 feet
• Pole standards shall be square, straight, or round tapered; steel or aluminum with an anchor
' base.
• Luminaire 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.
7. Parkine
Requirements
•
All off-street parking shall be provided using the following computation:
•
Commercial / Retail / Restaurant — 4.5 spaces per 1000 square feet of gross lease -able area
•
Office — 4 spaces (min) per 1000 square feet of gross lease -able area
•
Off-street parking may be provided by either structured garage or on surface parking areas
within Village of Allen district.
•
Where the required off-street parking is not located on the same lot with the building or use
served or where such spaces are collectively or jointly provided and used, the developer's
association agreement will be provided to the City.
•
The number of off-street loading spaces and truck loading berths shall be per the Concept
Plan.
•
Location of the 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 space will be allowed in the truck maneuvering area.
•
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.
Ordinance No. 2577-11-06, Page 7
Loading Docks are not required.
I8. Landscaping
Required trees may be planted in groupings to provide a more dramatic impact of the
landscaping upon approval of the Parks Department.
9. Fences and Walls
• Screening of lots abutting the residential area shall be completed at time of public
infrastructure improvements being accepted by the City of Allen. 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.
10. Sign Regulation
• Monument Signs — Total of 18 signs, their approximate location as shown on Concept Plan.
o Height — 15 feet
o Maximum copy area — 150 sq. ft. (each face)
o Maximum structure — 250 sq. ft
o Front yard setback — 8 feet (minimum)
• Pylon Sign — Total of one (1) sign, its approximate location as shown on Concept Plan.
o Height — 50 feet
o Maximum copy area— 150 sq. ft. (each face)
11. Detention / Retention Pond
• All detention / retention ponds will be constructed as an amenity for the property. This will
include a fountain and appropriate landscaping to enhance the area.
Ordinance No. 2577-11-06, Page 8
' EX IIBIT `C^
CONCEPTPLAN
This exhibit is available for view in the City Secretary's Office.
Ordinance No. 2577-11-06, Page 9
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