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Home My WebLink AboutO-1634-9-98ORDINANCENO. 1634-9-98 ' AN ORDINANCE OF THE CITY OF ALIEN. COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, TO CHANGE THE ZONING FROM AGRICULTURAL OPEN SPACE (AO) TO PLANNED DEVELOPMENT - CORRIDOR COMMERCIAL. NO. 73 (PD -CC NO. 73) ON THE FOLLOWING - DESCRIBED TRACT OF LAND: 108.99 ACRES OF LAND SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PLAN; PROVIDING FOR EXHIBIT B' LEGAL DESCRIPTION; PROVIDING FOR EXHIBIT 'C' AREA AND USE REGULATIONS; PROVIDING FOR A PO4ALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE, 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 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously ' amended, should be revised; NOW, THERITORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT - SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby revised to change the zoning from Agricultural Open Space (AO) to Planned Development -Corridor Commercial No. 73 (PD -CC No. 73) on the following - described tract of land: 108.99 acres of land located in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas. SECTION 2. The approved Land Use Plan attached hereto as Exhibit "A" and the Legal Description attached hereto as Exhibit "B" are each made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The Area and Use Regulations attached hereto as Exhibit "C" are made a part hereof for all purposes and shall be adhered to in their entirety. 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: 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 ($2,000.00) for each offense. SF.CIION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council ■ hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. L 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 COUNCELOF THE CITY OF ALLEN, TEXAS, ONTHE 17t®AYOF September .1998. Stephen Terrell, MAYOR APP_ AS TO RM: ATTEST: i A. Lkrn ATTORNEY C�Mo�Mr on, CMC, CTI'Y SECRETARY OrdinanceNo. 1634-9-98 Page 2 EEi 1 vi! N x it Ylt' i�€ I! Si iy d. m f !- ` zo z LL I; ati S SI iS� t: 34 fA t < Z p 00 B 4(i 1 €t �€`� z F!Si n� i v i€ a = W 1 s s Stiill vl , ii t! i 'tSli j;i lcl� iS 1lt,df.. 11:r �Z N O WO •E�i '1 i eL SS iE is iiSj .tit il!': 1 a x R al Z R 1iw ajj Il IT F, rill, lits 1i€ Ii lis! a o J Y WLL 30 s0 u •� U U U � 4 w H Z pm i f m Hmo. o°<0 .w go. d z i mnese y � H. �� I mi m °s o 1 i % t ORDINANCE NO. 1634-9-98 EXHIBIT B LEGAL DESCRIPTION 108.99 ACRES Being a description of a 108.996 acre tract of land situated in the HENRY WETSEL SURVEY ABSTRACT No. 1026, in Collin County, Texas and being a portion of those same tracts of land conveyed to Yarbrough Family Limited Partnership, a Texas Limited Partnership, and described in Exhibit B in a Special Warranty Deed recorded under Clerk's File No. 95-0023828 of the Deed Records of Collin County, Texas (hereinafter referred to as D.R.C.C.T.), said 108.996 acre tract being more particularlt described as follows: COMMENCING at a A -inch steel rod set for corner at the intersection of southeast right-of-way line of the Southern Pacific Railroad (a 100 foot wide right-of-way) with the existing south right-of-way line FM 2786 (a 120 foot wide right-of-way); THENCE North 89" 57' 21" East, departing said railroad and along said south right-of-way line, a distance of 228.56 feet to a 1/2" iron rod set for corner and being the POINT OF BEGINNING; THENCE North 89" 57' 21" East, continuing along said south line, a distance of 209.61 feet to a 1/2" iron rod set for corner at the beginning of a curve to the right, having a central angle of 01" 14' 01 ", a radius distance of 5669.58 feet, a chord distance of 119.92 feet and a chord bearing of South 89" 26' 11" East; THENCE easterly along said south right-of-way line and said curve to the right, an arc distance of 119.93 feet to a 112" iron rod set for corner; THENCE South 88" 49' 57" East, continuing along said south line, a distance of 1652.48 feet to a ' wooden right-of-way marker found for corner and being on a northwesterly line of a called 74.08 acre tract of land conveyed to Reid Family Enterprises as shown in a deed recorded under Clerk's File No. 98-0006186 D.R.C.C.T.; THENCE South 00° 18' 42" West, along the common line between said Yarbrough tracts and said Reid tracts a distance of 580.51 feet to a fence corner post for corner; THENCE South 20" 34' 25" West, at a distance of 1417.91 feet passing the west common corner of said Reid tract and a tract of land conveyed to Roman Catholic Diocese of Dallas as described in a deed recorded under Clerk's File No. 98-006186 D.R.C.C.T., and continuing along a west line of said Roman Catholic tract for a total distance of 2691.56 feet to a 112" iron rod found for corner from which a wood fence corner post bears south 29" 14' 59" West a distance of 2.5 feet; THENCE North 66" 21' 35" West, along the common line between said Roman Catholic tract and said Yarbrough tract, a distance of 1135.32 feet to a 1/2" iron rod set for corner and being also an angle point in a northeast line of a tract of land conveyed to LLG Lands, Inc., and described in a deed recorded under Clerk's File No. 93-0102562 D.R.C.C.T.; THENCE North 00" 05' 55" East, departing said Roman Catholic tract and along the common line between said LLG tract and said Yarbrough tract, a distance of 65.33 feet to a 112" iron rod found for corner; THENCE North 00" 38' 05" East, departing said LLG tract and along the common line between said Yarbrough tract and a tract of land conveyed to Linda Bush Coleman etal, a distance of 1044.43 feet to a 1/2" iron rod set for corner; THENCE North 00" 09' 25" West, continuing along a common line between said Yarbrough & Coleman ' Tracts at a distance of 346.6 feet passing a fence corner, and generally following said fence line for a total distance of 1570.14 feet to the POINT OF BEGINNING and containing 108.99 acres of land more or less. This legal description was supplied by the client. ORDINANCE NO. 1634-9-98 EXHIBIT "C" Use and Area Regulations The property may be developed under the Corridor Commercial District (CC) regulations, as outlined in Ordinance No. 1425-5-96, as it currently exists or may be amended subject to the following additional conditions: A. Permitted Uses: All uses within the Corridor Commercial District shall be permitted, except as stated herein: The following uses shall not be permitted within the Corridor Commercial District: Auto Sales & Repair (New and Used) Auto Sales & Repair (Used) Boat Display Sales and Repair (New and Used) Farm Implement Sales and Service Food Processing (Heavy) Truck Sales and Repair -New 2. The following uses, as permitted in the Corridor Commercial District, shall be setback a minimum of three -hundred (300) feet from any adjacent property zoned for single-family residential uses: Amusement, Commercial (Outdoor) Auto Glass, Muffler, Brake, Oil, Lube, Tires, Batteries Auto Laundry Auto Painting or Body Shop Bottling Works Building Material Sales (Outside Storage) Garage, Auto Repair Hotel or Motel Laboratories: Bio Safety Level 2 Laboratories: Bio Safety Level 3 Lawn Equipment Sales & Repair Manufacturing, Light Motor Cycle Sales & Service (Indoor) Office Showroom / Warehouse Printing or Newspaper Establishment ' Restaurant (Drive -In or Through) Soft Drink Bottling Plant Warehouse / Distribution Center (No Outside Storage) ORDINANCE NO. 1634-9-98, EXHIBIT C CONT. 3. The following use, as permitted within the Corridor Commercial District, ' shall be permitted only as an Accessory Use, and shall be setback a minimum of three -hundred (300) feet from any adjacent property zoned for single-family residential uses: Machine Shop or Welding 4. The following additional use shall be permitted within the Corridor Commercial District, and shall be setback a minimum of three -hundred (300) feet from any adjacent property zoned for single-family residential uses: Drags, Pharmaceutical Manufacturing B. Loading or Service Areas: The loading docks, garages or any related loading or service areas shall be setback a minimum of three -hundred (300) feet from any adjacent property zoned for single-family residential uses. C. General Regulations: 1. Prior to submission of a final plat on any portion of this property, the property owner(s) shall enter into a facility agreement with the City of Allen to determine the timing and/or funding of the thoroughfare improvements adjacent to this property. 2. Compliance with the July 15, 1998 memo from George Conner regarding traffic recommendations, attached hereto. 3. In the event that the proposed east/west collector street does not provide access to the U. S 75 service road, and the traffic generated at the intersection of Stacy Road the proposed north/south collector requires signalization, the pro rata share of the signalization shall be the responsibility of the land owner(s) and/or developer(s) of the property. 11