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Home My WebLink AboutO-2158-4-03ORDINANCE NO. 2158-4-03 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 AMENDING PLANNED DEVELOPMENT NO. 21 TO ALLOW GARDEN OFFICE USES FOR 4.901 ACRES OF LAND, MORE OR LESS LOCATED IN THE L. K— PEGUES SURVEY NO. 702, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF EXHIBIT "B" CONCEPT PLAN; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHdTY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; 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, have concluded that the Allen Land ' Development Code Zoning Regulations and Zoning District 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 District Map of the City of Allen, Texas, be and the same are hereby, by amending Planned Development No. 21, as heretofore amended, to allow Garden Office "GO" uses for 4.901 acres of land, more or less located in the L K. Pegues Survey No. 702, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2: Property shall be developed and used only in accordance with the following development conditions: (1) Except as otherwise provided the property shall be used and developed in accordance with "GO" Garden Office Zoning District Regulations of the Allen Land Development Code pursuant to regulations for "GO" — Garden Office and shall be used only in accordance with the Concept Plan attached hereto as Exhibit "B" which is a part hereof for all purposes and the following Development Regulations. (2) Permitted Uses: The property shall be used for professional and medical related uses only. (3) Building Height: Buildings shall be single story with no roof top mounted equipment. (4) Roof Materials: Roofing material shall be composition shingles, similar in appearance to wood shake shingles, such as Timberline (5) Architectural Style: Buildings shall be designed to appear as residential style architecture and have a 360 -degree focus with no apparent "back side." (6) Except as provided herein no egress or ingress shall be allowed onto Exchange Place except for emergency vehicles. (7) Emergency access gate entrance on Exchange Place shall align with the alley to the south adjacent to Lot 24. (8) Buildings must be oriented towards and addressed from Exchange Parkway. (9) Dumpsters must be residential style and located away from Exchange Place. (10) Frontage along Exchange Place shall be landscaped with a combination of a berm, shrubbery, and trees. (11) During construction, all ingress and egress shall be from Exchange Parkway. (12) The areas along and adjacent to US 75, the ramp from the US 75 service road to Exchange Parkway, and the northern portion of the property along Exchange Parkway shall be landscaped in a manner to create a grove of trees along the sloped areas of the subject property adjacent to these roadways. (13) The property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit `B" and which hereby approved. SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect, except that Planned Development No. 21, as heretofore amended, shall continue in full force and effect except as amended herein. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, as amended hereby, which shall remain in full force and effect. SECTIONS. 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, into or corporation violating any of the provisions or terns of this ordinance shall be subject to the same penalty as provided for in the 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 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 22ND DAY OF APRIL, 2003. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G.G. Smith, OM ATTORNEY Shelley B. George, C, CITY SECRETARY Ordinance No. 21584-03, Page 2 Exhibit "A" ' METES AND BOUNDS Being a tract of land situated in the Henry Weisel Survey, Abstract No. 1026 Collin County, Texas and being more particularly described as follows; BEGINNING at the intersection of the easterly right-of-way line of U.S. Highway 75 and the north right-of-way line of Exchange Place; THENCE along the easterly right-of-way line of U.S. Highway 75 North 26035'00" East a distance of 242.92 feet to a point; THENCE along a curve to the right with a central angle of 58°41'16", a radius of 34.50', and an arc length of 35.34' to a point; THENCE along a non -tangent curve to the right with a central angle of 21°11'41", a radius of 229.50', and an arc length of 84.90' to a point; THENCE South 63°27'57" East a distance of 87.00 feet to a point; THENCE along a curve to the left with a central angle of 90000'00", a radius of 196.50', and an arc length of 308.66' to a point; ' THENCE North 26131'57" East a distance of 19.74' to a point; THENCE along a curve to the right with a central angle of 67022'46", a radius of 34.50' and an arc length of 40.57' to a point, said point being in the southerly right-of-way line of Exchange Parkway; THENCE along a curve to the right with a central angle of 22°37'12", a radius of 229.50' and an arc length of 90.61', said curve being along the south right-of-way line of Exchange Parkway to a point; THENCE along the south right-of-way lines of Exchange Parkway South 63027'57" East a distance of 195.71' to a point; THENCE along a curve to the left with a central angle of 11046'27", a radius of 1762.95' and an arc length of 362.28' to a point for corner, said point being in the west right-of- way line of the Southern Pacific Railroad; THENCE along the west right-of-way line of the Southern Pacific Railroad south 11020'00" West a distance of 61.10' to a point for corner, said point being in the north right-of-way line of Exchange Place; THENCE along the north right-of-way line of Exchange Place North 89°46'00" West a distance of 1192.60'to the POINT OF BEGINNING ' CONTAINING 4.901 acres more or less. Ordinance No. 2158-4-03, Page 3 EXII>BIT "B" 8 I � ¢ g! X94 a.giy Z J 3iii I v i Ordinance No. 21584-03 Page 4