HomeMy WebLinkAboutO-1775-9-99ORDINANCE NO. 1775-9-99
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING FROM LOCAL RETAIL DISTRICT TO
PLANNED DEVELOPMENT DISTRICT FOR LOCAL RETAIL USES BY
APPROVING PLANNED DEVELOPMENT DISTRICT NO. 87, FOR 3.9529 ACRES
IN THE LEWIS WETSEL SURVEY, ABSTRACT NO. 978, CITY OF ALLEN,
COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXMIT "A"
ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS,
AND CONCEPT SITE AND LANDSCAPE PLAN AND BUILDING ELEVATIONS,
ATTACHED HERETO AS EXHIBITS "B" AND "C" RESPECTIVELY;
PROVIDING A REPEALING 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 of the City of Allen, 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 Zoning Ordinance
No. 1425-5-96 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:
SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of
Allen, Texas, be amended by granting a change in zoning from a Local Retail District to Planned
Development for Local Retail Uses by approving Planned Development No. 87, for the following -described
tract of land: 3.9592 acres in the Lewis Wetsel Survey, Abstract No. 978, Collin County, Texas, and being
further described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the Development
Regulations, and with the Concept Site and Landscape Plan and Building Elevations, attached hereto as
Exhibits "B" and "C" respectively, which are hereby approved, and made part thereof for all purposes.
SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein.
SECTION 4. That 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, 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
Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. That any person, firm or corporation violating any of the provisions or teras of this ordinance
shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 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.
SECTION 8. That 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 TETE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 16"' DAY OF SEPTEMBER, 1999.
APPROVED:
Stephen Terrell, MAYOR
Ordinance No. 1775-9-99 Paget
APPROVED A✓S� TOJ FORM:
ATTEST:
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Peter G. Smith, CffY ATTORNEY
Ordinance No. 1775-9-99 Paget
LEGAL DESCRIPTION _
salty a V•c, land situated in the City of Allan, Collin G .Y, Texas out of
the Lewis .,Leel Survey, Abstract No. Q)s and acing part of a treat Of land
Conveyed t. John E. Ssvlcku, Trust.. according to the deed fl1K for fecor6 Sn
.Came, Collin County Tnu d Owing wore
V. law. 3183, Page 3?0, Dead :particularly
describe. ay at.. and bounce ae fail..:
ttQlXXleg, at • 5is' Iran ran at with red plastic cap etapad 'R.P.L.3. 5199'
In the south fight-o/nY 11X1 EKhenge PVMe•Y (NR.OJ.) p� Mlry.the
Is1
0 ... ovest corner of Block 2, High Widow• No. 2 accordingto Ina treo}
recorded In Cabinet C. P.O. 16, Nap R•RON., Collin County, I...1;
THENCE, departing Sold south right-of-way line along the net ling Of old Block
2, Sauth 00 d"rasa. 23 04hatea, N •eoWMa Hest, • dla460460.4feettNOt oT e.It t0 a
SIB' ,ran rod found in the north line of Black 2, nigh Madoas First AN atitn ,
Kc.rding to the plat thereof recorded in Vt IRN. T, Plat 49, WRAP Record*- Collin
County, Texas;
TEEKQ slang the;ortn 1". of said Black 3, .auto N d"INS, W •nota•. 00
awonN Wt. • aleto... oT m6.91 fast to a 112' Iran rhe found , the wuth.'IY
6outheut corner o/ Exchange Plaza according to the plat thereof recorded in
Cabinat 0, Page 20, Wp Record., Collin County, I.,.. also being tyle[ orth...I
COrn•f I Lot 1, Block 1, Nigh Wallowa No. acordng the
recorded In Cabinet C, page 15, Map Atco"s, Collin CMngY`oT tea plot .,ting in
the east right Of -..I line of Olsen Valley Lane (6o- R.U.H. ;
TNEKK, along the easterly lifes"'Ans" 62
hast 1829 No
eof O/d0Excg as'th n rodn at elth
minutes, 17 MNNN East,
red plastic Cap staged 'R.P.L.S. BIN';
THENCE, continuing along said sisterly line, Worth 04 d"rns, 07 manatee, N
..CanOa ee.1. • dlataMe Of 31.0 feet to an '%' found In concrete;
TeEKe, along the northerly line of said Exchange Plata, 5Nth N degree., N
ain't:.. W alconda 'Met, s distance of ".To feet to n 'H' found In Concrete;
Usage, continuing along slid northerly line, Worth a oegne•e, N arn..tes, 01
saccade east, a dlllarMl of N.0 Pat to • 515' Iran rod! found 10 the easterly
right of way line at stats Hick v Wo. 6 (106' R.o.e.l, the NginnlnQ Of w nom
Uneest Curve to the right etch • tangent buring of North 23 upness, 17
minutes, 53 uMnda East;
r
THeNCE, along fold easterly right-cf-nY line, Slang laid Curve to the right
through a central aryl! of 00 degrees. N O,srvNm: N naandg. • 'Niue of
degrwl.
5025.00 fast, N aro length st 71.N fast/ • Chard "or" of Mrin 23
40 sinutes, 44 seconds East, a IMfddistance Of 77.46 feet to a 5/6' iron rod
yet with red plastic '" at•"" 'P. P. L.B. SIN-, the e" 01 old curves
faRmis, continuing along said easterly right Of -NY ling, Horth 14 dpfeea. W
alrwto , N .0danda East, a dlobMl st M-71 fast to 4 615' Iron res set elth
res plastic up stop" 'R.P.L.6. 51901;
THENCE, continuing along sold easterly right -Of WY line, Worth 56 degfee*- 61
"in
.in.%. 01 Madnda East. • dieswncg N W.45 fest to • 510' Sron r" sat
reg plastic Cap atop" 'R.P.L.9. 510' 10 the Nuth right -of MY ]Inc of
Excnenge Par Saw I (50' R.O.R. )1
THENCE, along old south rlghtof-wry line, EOdti, N d"r . 47 "nates. W
,.;;jas.da East, 0 distance at 216.0 10" to the t•Nt at 6g411--1" and ...tolhing
112,484 Square lost, or 3.0560? Kos of land, more or lass.
S. Looms, a Registered Professional Land Surveyor, M hereby
"Couple.
ctrtlfY that the foregoing plot A.. compiled True a survey NN an the ground
kMstedNe and
under W Supervision and that to the Nat of M pro}olslonal
d1KMNnC1N.
bfli*f is tr'• and correct; that tMN an M vi.igls
.... ping Of LprovaNatb S.N t1 Or rlQlntLt}.
Conflict•. encfoacMMU.
Tit It Insurance Corporation Vista CGwattent Case
My as referenced In LOSNra
P 5213030 P. except as Shown Rare... The property shall hon. hoe
Na. N
to and Iron a public right -Of MY. The 6urnor did not nttrsct the
ecceICt' tNre pf• all eaeNeMe of record say t N an..
.up,IC arty
Z.
u
Coughs 5. donla ugg.,L.V'. ;•ns
Peglaured Professional Land gurvgyor No. 51st
4yQ:Rg
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FLOOD NOTE
Tree property described hewn lies In Zone 'A', areas deNnin" to M outside
he Federal
the son,... flood plain. as IMSOwt" on dacument. issued by that
fw".ray Wnagewent Ad..... .ntltl" w 'FlaI... I.• Pete Wp. gaplin
Panel Hurler asNKM05 0.
County. Taxa and Incorporated Areas, COwnni-,Y
R.I.. wale, Jan wfy 19. 'No.
Ordinance No. 1775-9-99
EXHIBIT
A
' DEVELOPMENT REGULATIONS
SH 5 AND EXCHANGE PARKWAY, SOUTHEAST CORNER
Revised September 16 1999
[1
A. General: The property shall be developed and used only in accordance with the Concept
Site and Landscape Plan and Building Elevations attached to and made a part of this
ordinance.
B. Base District: The property shall be developed and used only in accordance with the
"LR" Local Retail District regulations, except as modified herein:
1. Permitted Uses: The use of this property shall be limited to all uses permitted in
the LR District. In addition to those permitted uses, one (1) restaurant with drive-
through facilities and one (1) service station shall be permitted.
2. Height Regulations: The maximum height for any retail restaurant or similar
facility shall be 30 feet.
3. Front Yard Setback for Pump Island Canopy: The face of a pump island canopy
shall be setback a minimum of 24 feet from the property line, measured to the
nearest point of the canopy.
4. Maximum Floor Area Ratio: The maximum Floor Area Ratio shall be 0.22:1.
5. Parking Adjacent to East Procertv Line in Tract 3: Parking shall not be permitted
within 25 feet of the east property line adjacent to the residential.
C. Road Impmvementa:
At the time of platting, additional rights-of-way for SH 5 and Exchange Parkway
shall be dedicated as shown on the Concept Plan as depicted on Exhibit "C"
attached and made a part of this Ordinance.
D. Architectural Design Elements: To assure that all tracts will be designed and constructed
in a quality manner with aesthetic appearance all structures will maintain a harmonious
design, utilizing compatible styles, materials, color and lighting.
A minimum of forty percent (40%) of the exterior of the buildings shall be stone.
The remaining exterior of the buildings shall be glass, stucco and/or brick in
substantial compliance with the elevations as depicted in Exhibit "C" which is
attached and made a part of this Ordinance.
EXHIBIT B
Page 1 of 3
Ordinance No. 1775-9-99
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E. Exterior Lighting:
Exterior lighting fixtures and poles shall be of harmonious design on all buildings,
and shall be an earth tone color.
2. All exterior light fixtures shall be downlight or "indirect cut-off' type design so
that the light bulbs are not directly visible.
3. Fixtures located in yards adjacent to residential zoned districts may be mounted
on the buildings less than 8 feet above average grade in the area. If desired to be
mounted greater than 12 feet above grade, they shall be mounted at the property
line on appropriately colored poles and directed so as not to shine toward adjacent
properties.
F. Screening Adjacent to Single Family (east and south Property lines) -
Along the east property line there shall be a minimum landscape buffer of 13 feet.
a. The screening wall shall consist of a mixture of earthem berms and solid
screening of photinias or equivalent shrubs approved by the Planning
Director.
b. The landscaping adjacent to Lot 7 of the High Meadows #2 Addition shall
be increased to screen the adjacent residence from vehicle lights on the
commercial property.
2. Along the south property line there shall be a minimum landscape buffer of 10
feet.
G. Rooftop Mechanical Eauimmment: All rooftop mechanical equipment shall be screened on
all sides with a visual barrier to be installed and maintained at a minimum height above
finished grade equal to the height above grade of the highest point on any of the
mechanical equipment being screened. Architectural elements such as parapet walls,
mansard type screen enclosures or other architectural design techniques me acceptable
for screening rooftop equipment.
H. Operating Hours:
I. The convenience store on Lot 1 will close no later than 11:00 p.m.
2. The retail center on Lot 2 will close no later than 9:00 p.m.
Site Drainage: On-site stormnwater will be directed away from Green Valley Lane to the
major thoroughfares.
EXHIBIT B
Page 2 of 3
Ordinance No. 17759-99
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J. Signage: There will be no signage located on the rear of buildings that face a residential
property.
K. Trash pick-up: All trash pick-up services will be conducted during day time hours.
EXHIBIT B
Page 3 of 3
Ordinance No. 1775-9-99
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