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Home My WebLink AboutO-1693-2-99ORDINANCE NO. 1693-2-99 ' 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 GRANTING A CHANGE IN ZONING BY AMENDING FLOODPLAIN PLANNED DEVELOPMENT NO. 26 (FP -PD -NO. 26) TO ALLOW FOR A PRIVATE RECREATION CENTER ON TRACT 1-E IN THE MICHAEL LEE SURVEY, ABSTRACT NO. 543, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS AND CONCEPT PLAN ATTACHED HERETO AS EXHIBITS "B" AND EXHIBIT "C", 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 FOR THE EFFECTIVE DATE OF SAID ORDINANCE. 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 revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning by amending Floodplain -Planned Development -No. 26 (FP-PD-No.26) to allow for a Private Recreation Center on Tract 1-E on the following - described tract of land: 5.048 acres in the Michael Lee Survey, Abstract No. 543, 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. The property shall be developed and used only in accordance with the Development Regulations attached hereto as Exhibit "B" and made part thereof for all purposes, and shall be developed generally in accordance with the Concept Plan attached hereto as Exhibit "C" and made a part hereof. SECTION 3. 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 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. SECTIONS. 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 18th DAY OF FEBium?Y '1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Judy Mo n, CMC, CITY SECRETARY Ordinance No. 1693-2-99 Page ' L<HIBIT "A" SITUATED in Collin County, Texas, in the Michael Lee Survey, Abstract No. 543, being a resurvey of part of the 5.36 acres of land described in a deed from Dorothy H. Harris and Jayne H. King to Wallace E. Harris, Jr., dated September 1971, recorded in Volume 901, Page 240 of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at an existing iron pin set beside a corner post at the Southeast corner of said 5.36 acre tract; , 'THENCE South 82001133" Nest 348.76 feet with the South line of said 5.36 acre tract and with an established fence to an existing iron pin set at the Southwest corner of said 5.36 acre tract for a corner; THENCE North 9035' East 819.23 feet with the Ftest line of said 5.36 acre tract to an existing iron pin set in the South Right -of -Nay line of Farm Road No. 2170 in the West line of said 5.36 acre tract for a corner; 'Tr837CE South 89°28'16" East 221.0 feet to an axistincr iron pin set in said South Right -Of -way line and in the East line of said 5.36 acre tract for a corner; THENCE South 0054'25" [•lest 757.48 feet with the East line of said 5.36 acre tract and with an established fence and hedge row to the PT OF BEGINNING and containing 5.048 acres of land, more or less. ' EXHIBIT A Ordinance NO. 1693-2-99 EXHIBIT "B" DEVELOPMENT REGULATIONS FOR TRACT IE OF PD 26 A. PURPOSE. This district is characterized by development of office, commercial, and recreation uses. The regulations in this district are intended to preserve a high quality office, recreation area, employment center, and retail and commercial uses with regard to architecture, aesthetics, noise, tree preservation, greenbelt access and circulation. The property shall be developed and used only in accordance with the General Business District regulations, except as herein amended: B. USE REGULATIONS. The following uses are permitted in Tract IE 1. Office Buildings 2. Office Show -Room 3. Business School or Commercial Trade School 4. Health or Sports Club 5. Restaurant with no drive-in (drive-thru allowed) 6. Service Stations 7. Veterinarian Clinic with no outside runs 8. Pet Store 9. Hotel or Motel 10. Bakeries 11. Motorcycle Sales and Service 12. Banks and Financial Institutions 13. Studios, Photo, Music, Art, Health, etc. 14. Furniture Sales 15. Auto Parts Sales (indoor) 16. Antique Shops 17. Cleaner or Laundry 18. Barber or Beauty Shops 19. Florist or Garden Shops (indoor) 20. Household Appliance Sales 21. Pharmacy 22. Groceries and Supermarkets 23. Accessory Buildings and uses incident to any of the above uses. 24. Such uses as may be permitted under Section 2.06 of the Zoning Ordinance for Specific Uses in the General Business District shall be allowed by Specific Permit only. 25. Auto laundry (car wash) by Specific Permit only Ordinance No. 1693-2-99 Page 4 26. Private recreation area: Private recreation area use may consist of indoor and outdoor recreational amenities including, but not limited to, club houses, game courts, swimming pools, spas, fitness and training equipment, tennis courts, putting and pitching greens, open space and other similar recreation facilities and their accessory uses. C. HEIGHT REGULATIONS. 1. The maximum height for any main building shall be three (3) standard stories, and shall not exceed forty-five (45) feet in height. The maximum height for the Management/Leasing Office is one (1) standard story. D. AREA REGULATIONS. Except as provided below, Tract 1-E shall be subject to the General Business District Regulations. 1. Size of yards: a. Front yard: the minimum front yard shall be twenty-five (25) feet; b. Side Yards: the minimum side yards shall be fifteen (15) feet in width on the side of a lot adjoining a side street or alley; ' C. Rear Yard: no rear yard is required except that a rear yard of not less than twenty-five (25) feet in depth shall be provided on that portion of the lot abutting or across a rear street or alley from an "R" District; d. Buffer along FM 2170: there shall be maintained a twenty-five (25) foot landscape buffer immediately adjacent to FM 2170 in which no building, structure or parking shall be permitted. e. Set back from southwest comer: The Management /Leasing Office must be set back at least two hundred (200) feet from the southwest comer of the Property as shown on the attached Concept Plan. 2. Lot Coverage: There shall be a maximum lot coverage of 50% of the total lot area, including the combined area of main buildings and accessory buildings 3. Floor Area Ratio: The ratio of total floor area of all buildings to total land area shall be a maximum of 1:1 E. BUILDING REGULATIONS. ' All main building exteriors shall be constructed of stone, brick, tiles, cement, concrete, glazing or similar materials. Ordinance No. 1693-2-99 Page 5 F. TRAIL HEAD. ' A Trail head consisting of paved parking and circulation areas shall be provided in the southern half of the Property in the general location shown on the attached Concept Plan. Public access to the parking and the trail head shall be maintained at all times. G. TREE PRESERVATION. The tree cluster identified on the Concept Plan shall be preserved. No trees will be removed from the southwest comer below grade of the hike and bike trail except as approved by the Director of the City's Park Department. H. SCREENING. The eastem boundary of the subject property adjacent to a Management /Leasing Office, as identified on the Concept Plan, shall be screened with a continuous landscaped screen or solid masonry wall or combination of both (from the trail head south along the east property boundary). I. LIGHTING. Lighting for tennis courts constructed on the Property, shall be directed away from the ' adjacent greenbelt. Lights for tennis courts shall not be illuminated past 11:00 p.m. J. HOURS OF OPERATION. Outdoor recreation areas shall not be used or available for use later than 11:00 p.m. K. ACCESS WITH ADJACENT COMMERCIAL. Prior to platting the subject property the owner of the Property, or developer, will work with the adjacent property owners to address access issues, such as the provision of a shared driveways, mutual access easements or similar methods to provide to adequate circulation and drive approaches for both properties. L. FLOOD PLAIN. The flood plain area shall be identified and dedicated at the time of platting the property. M. CONCEPTPLAN Prior to the development of the property for uses other than the private recreation area uses as ' herein described, a concept plan shall be reviewed by the Planning and Zoning Commission and approved by the City Council, per Section 4.03 of the Comprehensive Zoning Ordinance. Ordinance No. 1693-2-99 Page 1 1 N 7YNOfiMIZININ 09HJ (i) WWld 3118 zg7OI IEEEEOsv uvn .13HOV 1� McDERMOTT DRIVE (VARIABLE WDTH R.O.W.)