HomeMy WebLinkAboutO-1728-5-99ORDINANCE NO.
1728-5-99
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
1425.5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING
CONDITION VLD OF THE DEVELOPMENT REGULATIONS OF PLANNED
DEVELOPMENT NO. 68, ORDINANCE NO. 1615-7-98, TO INCREASE THE
MAXUffiM HEIGHT FOR PARCEL 5 FROM 50 FEET TO 80 FEET FOR 3.2089
ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF
ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT
`'H" ATTACHED HERETO; PROVIDING FOR AMENDED DEVELOPMENT
REGULATIONS, AND BUILDING ELEVATIONS ATTACHED HERETO AS
EXHIBITS "P' AND "J", RESPECTIVELY; PROVIDING FOR A REPEALING
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 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, as previously amended, be and the same is hereby amended, by amending condition VI.D of the
Development Regulations of Planned Development No. 68, Ordinance No. 1615-7-98, for Parcel 5 to increase
the maximum height from 50 feet to 80 feet for the following -described tract of land: 3.2089 acres in the
William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, and being further described in
Exhibit "H" attached hereto and made a pan hereof for all purposes.
SECTION 2. That the property shall be developed and used only in accordance with the amended
Development Regulations and Building Elevations, attached hereto as Exhibits "P' and "J", respectively
and made pan hereof for all purposes, and which me hereby approved.
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, Planned Development No. 68, Ordinance No.
1615-7-98, except as amended herein, and 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. That 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 terms 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 THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2e DAY OF MAY, 1999.
APPROVED:
RO
- T
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY JAfly MWison, CMC, CITY SECRETARY
Ordinance No. 1728-5-99 Paget
LEGAL DESCRIPTION
1 PARCEL 5
E
BEING a tract of land situated in the City of Allen, Collin County, Texas and
being a part of the William Perrin Survey, Abstract No. 708, and being part of
a tract of land described as 16.6861 acres conveyed by Kendall Land
'Corporation to Modstone Partners, Ltd. by deea dated August 17, 1992, as
reccrded in County Clerk's File No. 92-0055975, Land Records, Collin County,
Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the east right-of-way line of U.
S. Highway No. 75 (a variable width right-of-way), said point being the
northwest corner of the above said 16.6861 acre tract;
-HENCE South 75 deg. 58 min. 16 sec. Eas- a distance of 349.37 feet to a
point for corner;
THENCE South 14 deg. 01 min. 44 sec. Wes, a distance of 400.00 feet to a
point for corner;
-HENCE Ncrth 75 deg. 58 min. 16 sec. West a distance of 349.53 feet to a
point for corner;
-HENCE Ncrth 14 deg. 03 min. 06 sec. East along the east right-of-way line
of scid U.S. Highway No. 75 a distance of 4.00.00 feet to the POINT OF
BEGINNING and containing 139,779 square feet or 3.2089 acres of Iona.
EXHIBIT H
Ordinance No. 1728 -5 -99 -Page 3
' PLANNED UNIT DEVELOPMENT DISTRICT
ZONING CONDITIONS
N.E.C. Hwy. 75 & Bethany Drive, Allen, TR
General Requirements and Parcel Stipulations
I. Statement of Purpose
The development goals for this property have been significantly elevated since
the inception of the original zoning on this property many years ago. The
nature of officelindustrial parks has changed dramatically during this time.
The earlier concept plan of office/industrial has now been replace with a more
service support development for the surrounding industrial developments.
This area is now envisioned to be capable of supporting a full service hotel, sit
down restaurants and service retail.
IDUM
This Planned Development District shall not affect any regulation found in the
Comprehensive Zoning Ordinance, Ordinance No. 1425-5.86, as amended
' prior to adoption of this ordinance, except as specifically provided herein.
III. General Reeulations
All regulations of the CC (Corridor Commercial) District set forth in the
Comprehensive Zoning Ordinance are included by reference and shall apply,
except as otherwise specified in this ordinance.
1. Concent Plan: The concept plan set forth under Item IIC illustrates
the character of development expected to be required by the detail plan
when submitted.
V. OMIT
EXHIBIT I
Ordinance No. 1728-5-99 - Page 4
n
LJ
Vl. General Requirements of the Planned Unit Development
A.
The Land Use and Concept Site Plans accompanying this application
shall become a part of this ordinance. All final site plans for each Parcel
shall substantially conform to the Concept Site Plan.
B.
Each parcel shall provide for mutual access and internal circulation
through and around each parcel.
C.
The building setback on Bethany shall be a minimum of 80 feet for
Parcels 2 and 3. The building set back on Hwy. 75 shall be a minimum of
80 feet for Parcels 4 and 5. The building setback on Bethany and Hwy, 75
shall be a minimum of 50 feet for Parcel 1 only.
D.
Building height shall be a maximum of 35 feet except Parcel 5, the hotel
site, which shall be 80', exclusive of towers, cupolas, spires and other
woor
architectural features and elements.
E.
A harmonious relationship shall exist between various buildings within
the cohesive development. Building styles should be complimentary and
compatible building materials shall be used on all buildings. Materials
to be used for construction shall include: 30% brick -minimum and
stucco, concrete or glass. Roof materials may be metal or tile roof, no
mansard will be permitted. Wood siding shall not be allowed.
The design shall show that due regard has been given to orientation of
structures to street, and especially, the creation and utilization of vistas
and open space.
"Prototype" or "theme", designs for structures thA are = in concert
with the surrounding development are discouraged, and are allowed
only when they include and incorporate building materials, colors and
similar distribution of those materials as shown on the attached
"Concept Architectural Elevation."
All rear and side building facade walls shall be architecturally constant
in conjunction and appearance with typical front elevations of these
buildings.
EXHIBIT I
Ordinance NO. 1728-5-99 - Page 5
F. Glare and Illumination
Lighting shall be in accordance with Section 3.06, Class II, City of Allen Zoning
Ordinance. The items below are in addition to City Requirements. In the event
that there is a conflict, the most restrictive will apply.
1. Glare
a. Any use will be operated so as not to produce glare or direct
illumination across the bounding property line from a visible
source or illumination of such intensity as to create a nuisance or
detract from the use or enjoyment of adjacent property.
b. All outside lights will be made up of a light source and reflector so
selected that acting together the light beam is controlled and not
directed across any bounding property lines of the cohesive
development above a height of three (3) feet at a maximum
intensity of 0.5 foot candles.
2. Illumination
a. Parking Lot and Loading Area Lighting:
1) The mounting height of luminary fixtures will not exceed
25' in height.
2) Standards, poles and fixture housings will be of a bronze or
dark brown color for all parcels and shall be compatible with
the design of fixtures of adjacent building within the
cohesive development.
3) All lighting fixtures will be restricted to down -light or cut-
off type of what is commonly referred to as a "shoe -box"
fixture.
4) All lighting for this category shall be metal halide.
b. Security Lighting:
1) Pole and wall -mounted fixtures mounted 8 feet or more
above surrounding grade will be of a down -light or cut-off
type.
2) All lighting for this category shall be either metal halide.
EXHIBIT I
.Ordinance No. 1728-5-99 - Page 6
EXHIBIT I
Ordinance No. 1728-5-99 - Page 7
3) All other lighting shall be in accordance with Section 3.06,
City of Allen Zoning Regulations.
G. All restaurants shall be full service/sit-down type. Restaurants are not
allowed to utilize drive-thru or walk-up windows.
H. A special use permit is required for a private club in order to sell
alcoholic beverages. A separate submission is required for each parcel.
I. Landscaping:
Landscaping shall meeet or exceed the City of Allen Zonning Ordinance
Section 3.05. The items below are in addition to City Requirements:
1. A minimum percentage of each site shall be landscaped according to the
following requirements. Landscaped areas, for the purposes of meeting
this requirement, shall include all outside plantable ground surface
including buffers, parking lot landscaping, and other required
landscaped areas. All landscaped areas will be planted with trees,
shrubs, grass and/or other living ground cover.
a. A minimum of ten (10) percent of the platted area of each lottsite
shall be landscaped. This includes perimeter landscape buffers
and interior parking lot landscape.
2. A 25 foot landscape buffer shall be provided adjacent to US 75 and a 10
foot landscape buffer adjacent Bethany rights-of-way in which no
building, structure, or parking shall be permitted. A 15 foot landscape
buffer shall be provided adjacent Bethany right-of-way for Parcel One. A
uniform, consistent design of these buffers shall be developed by the
project developer and consist of sod grasses, ground covers, trees,
shrubs, decorative walls, earthen berms, and other commonly used and
accepted landscape treatments. The project developer shall be
responsible for the installation of landscape materials along all ROW's at
the time of development of any one parcel.
3. Two and one-half (2 1/2) foot high walls, berms or decorative fences, and
shrubs (3 gallon minimum) shall be used to screen parking from
adjacent streets. When berms are used, the following design
requirements shall be met:
a. Berms shall have a minimum height of 24 inches above the
average grade of the street and parking lot curbs.
EXHIBIT I
Ordinance No. 1728-5-99 - Page 7
L b. Berms shall vary in height and be contoured for a "natural" look.
A straight line 'levee"- effect shall be avoided. —
c. Berms shall be teardrop in form with the tails overlapping
adjacent berms. Adequate drainage will be allowed between tails
of adjoining berms.
d. Berms should have shrubbery planting added to their lowest points
in order to more fully screen the views of vehicles in parking lots
and loading areas.
4. Interior Parking Lot Landscaping:
Any parking area shall provide for interior landscaping in addition to the
required perimeter landscape buffer. Interior landscaping shall include all
areas within the paved boundaries of the parking lot as well as planting
islands, curbed areas, corner lots, parking spaces, and all interior driveways
and aisles except those with no parking spaces located on either side. The
landscaping shall consist of the following:
a. There shall be one large tree for every 20 parking spaces or portion
thereof per city ordinance. In addition, there shall be one small
tree for every 30 parking spaces or portion thereof. The placement
of trees shall be coordinated with the location of lights used to
illuminate a parking area so they will be of such stature that they
will not interfere with these lights at maturity.
b. A landscaped area of not less than four (4) feet by four (4) feet shall
be provided for each tree located within a parking lot.
C. No parking space shall be further than 50 feet from a tree.
d. Parking lot landscape islands shall be a minimum six (6) feet
wide.
e. Landscape areas 20 square feet or less shall be planted in
ground cover.
J. Screening and Fences:
1. Trash containers, maintenance facilities, and trucks based on the
premises shall either be housed in closed buildings or otherwise
completely screened from public view in a manner architecturally
compatible with the building.
EXHIBIT I
Ordinance No. 1728-5-99 - Page 8
L VI. Parcel Specific Requirements
A. Parcel One
1. Uses allowed within this Parcel shall be limited to service
station/convenience store, with the use of an automobile car wash as an
accessory to main use, a bank or another type of financial institution.
B. Parcel Two, Three and Four
1. Uses allowed within this Parcel shall be limited to restaurant and to
those listed retail service and commercial type uses.
2. No individual building used for retail purposes shall exceed 15.000 s.f. in
area.
3. Permitted uses shall include:
Retail Service Use:
A. Art Supplies
B. Bakery or Confectionery (Retail)
C. Barber and Beauty Shops
D. Book, Card or Novelty Shops
E. Cleaning (Small Shop and Pick-up)
F. Clinic, Doctor or Dentist Office
G. Florist (No Outside)
H. Key Shop, Locksmith
I. Office Supplies
J. Travel Agent
Commercial Type Uses:
A. Banks and Financial Institutions
B. Small Job Print Shop
C. Real Estate Sales Office
D. Utility Business Office
E. Office building
C. Parcel Five
1. Use allowed within this parcel shall be limited to a full service hotel use
with restaurant inside the building. A full service hotel shall be
described as: full service restaurant, meeting/ conference rooms,
concierge suites, and typical guest rooms.
' EXHIBIT I
Ordinance No. 1728-5-99 - Page 9
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