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HomeMy WebLinkAboutO-1615-7-981615-7-98 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY CHANGING THE ZONING FROM LIGHT INDUSTRIAL -CONDITIONAL (LI -C) TO PLANNED DEVELOPMENT - CORRIDOR COMMERCIAL NO. 68 (PD -CC NO. 68) ON THE FOLLOWING - DESCRIBED TRACT OF LAND: 10.02 ACRES OF LAND LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT W LAND USE PLAN; PROVIDING FOR EXHIBIT 'BAREA AND USE REGULATIONS; PROVIDING FOR EXHIBIT "C LEGAL DESCRIPTION; PROVIDING FOR EXHIBIT 'D" CONCEPT' PLAN, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,0110.00) 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, THEREFORE, 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 by changing the zoning from Light Industrial - Conditional (LI -C) to Planned Development -Corridor Commercial No. 68 (PD -CC No. 68) on the following tract of land: 10.02 acres of land located in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas. SECTION2: The property described as 10.02 acres in the William Perrin Survey, Abstract 708, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3. The Land Use Plan, attached hereto as Exhibit "A" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 4. The area and use regulations attached hereto as Exhibit "B" and the Legal Description attached hereto as Exhibit "C" are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 5: General conformance with the Concept Plan attached hereto as Exhibit "D" is necessary to assure proper circulation. ' SECTION 6: 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 7. 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. SECTION 8: 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. SECTION 9 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 APPROVEDITi TETE CITY COUNCH.OFTHECITYOFAIdEN,TFXAS, ON THE 16TH DAY OF ,JULY .1998. Stephen Terrell, MAYOR ' APPROVED AS TO FORM: L_A^TTGE/ST: -Don Crowder,..CITY ATTORNEY 7 1 CITY SECRECARY Ordinance No. 1615-7-98 Page 2 u 0 Ordinance No. 1615-7-98 Exhibit "A" e G= I S.MGNWAY75 e-- N.MGNWAYl5- ------------------- ------------ Et ---Et LAND USE PLAN i 1 P.U.D. NEC. Hwy. 75 &_Bethany Allen, Texas March 19 1998 Revised May 19, 1998 8803PUDAPPliwtion A. ZONING CONDITIONS 10 Ordinance No. 1615-7-98 Exhibit "B" PLANNED UNIT DEVELOPMENT DISTRICT ZONING CONDITIONS N.E.C. Hwy. 75 & Bethany Drive, Allen, TX General Requirements and Parcel Stipulations I' - L y,-, 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 office/industrial parks has changed dramatically during this time. The earlier concept plan of officelindustrial 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. II. Statement of Effect This Planned Development District shall not affect any regulation found in the Comprehensive Zoning Ordinance, Ordinance No. 1425-5-96, as amended prior to adoption of this ordinance, except as specifically provided herein. 1I1. 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. IV. Development Plans 1. Concept 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 ' u 8803PUDApplioetion VI. 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 50', exclusive of towers, cupolas, spires and other 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 JhgJ gm ppI 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. 12 8803PUDApplication ' 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 S 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. 13 8803PUDApplimtion 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 lot/site 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. 14 8803PUDAPPEM60D ' 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. 15 8803PUDApplimbon ' VI. Parcel Specific Recuirements 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. 'navel 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. 1e 8803PUDApplication ' LEGAL -DESCRIPTION -- PARCEL 1 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 Madstone Partners, Ltd. by deed dated August 17, 1992, as recorded in County Clerk's File No. 92-0055975, Land Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 3/8 inch iron rod found at the intersection of the north right-of-way line of Bethany Road (a 110 foot right-of-way) with the east right -of --way line of U. S. Highway No. 75 (a variable width right-of-way), said point being the most southeast end of a right-of-way corner clip of the said 16.6861 acre tract; THENCE North 38 deg. 46 min. 15 sec. West with said east right-of-way line of U. S. Highway No. 75 a distance of 60.45 feet to a 3/8 inch iron rod found for corner; THENCE North 14 deg. 01 min. 57 sec. East with said east right-of-way line of U. ' S. Highway No. 75 a distance of 29.78 feet to a _ inch iron rod found for corner; THENCE North 08 deg. 23 min. 28 sec. East with said east right-of-way line of U. S. Highway No. 75 a distance of 175.12 feet to a point for corner; THENCE South 81 deg. 36 min. 32 sec. East a distance of 205.00 feet to a point for corner; 0 THENCE South 02 deg. 55 min. 15 sec. East a distance of 213.12 feet to a point for corner, said point being on the north right-of-way line of said Bethany Road and the beginning of a curve to the right having a central angle of 02 deg. 46 min. 55 sec., a radius of 673.22 feet; THENCE along said curve an arc distance of 32.69 feet to a point; THENCE South 88 deg. 25 min. 30 sec. West a distance of 176.01 feet to the POINT OF BEGINNING and containing 51,845 square feet or 1.1902 acres of land. 8803PUDApplication Ordinance No. 1615-7-98 Exhibit "C" ' LEGAL DESCRIPTION PARCEL 2 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 Madstone Partners, Ltd. by deed dated August 17, 1992, as recorded in County Clerk's File No. 92-0055975, Land Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 3/8 inch iron rod found at the intersection of the north right-of-way line of Bethany Road (a 110 foot right-of-way) with the east right-of-way line of U. S. Highway No. 75 (a variable width right-of-way), said point being the most southeast end of a comer clip of the said 16.6861 acre tract; THENCE North 88 deg. 25 min. 30 sec. East continuing along the northern right-of-way line of said Bethany Road a distance of 176.01 feet to the beginning of a curve to the left having a radius of 673.22 feet, a central angle of 02 deg. 46 min. 55 sec., THENCE along said curve an arc length of 32.69 feet to the POINT OF ' BEGINNING; THENCE North 02 deg. 55 min. 15 sec. West a distance of 236.61 feet to a point for comer; n THENCE North 77 deg. 06 min. 12 sec. East a distance of 227.21 feet to a point for corner; THENCE South 11 deg. 41 min. 05 sec. East a distance of 220.69 feet to a point on the north line of said Bethany Road; THENCE South 64 deg. 20 min. 55 sec. Along the north line of said Bethany Road a distance of 14.43 feet to the beginning of a curve to the right, said curve having an internal angle of 21 deg. 22 min. 07 sec., a radius of 673.22 feet, a chord that bears South 74 deg. 59 min. 26 sec. West, and a chord length of 249.63 feet; THENCE along said curve and the northerly right-of-way line of said Bethany Road an arc length of 251.08 feet to the POINT OF BEGINNING and containing 57,796 square feet or 1.3280 acres of land. 8803PUDAppliwtion ' LEGAL DESCRIPTION PARCEL 3 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 Madstone Partners, Ltd. by deed dated August 17, 1992, as recorded in County Clerk's File No. 92-0055975, Land Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the southeast corner of said 16.6861 acre tract, said point also being on the north line of Bethany Road (a 110 foot right-of-way), and being the southwest comer of the Replat of Bethany Tech Center Addition as recorded in Cabinet "F, Page 273, Map Records, Collin County, Texas and the beginning of a curve to the left, said curve having a central angle of 09 deg. 43 min. 08 sec., a radius of 781.42 feet, a chord that bears South 69 deg. 10 min. 30 sec., and a chord distance of 132.39 feet; THENCE along the north line of said Bethany Road an are length of 132.55 feet to a inch iron rod set for comer; THENCE South 64 deg. 20 min. 55 sec. West along the north line of said Bethany Road a distance of 123.57 feet to a _ inch iron rod set for the POINT OF BEGINNING; THENCE South 64 deg. 20 min. 55 sec. West continuing along the north line of said Bethany Road a distance of 210.37 feet to a point for comer; THENCE North 11 deg. 41 min. 05 sec. West a distance of 220.69 feet to a point for corner; THENCE North 77 deg. 06 min. 12 sec. East a distance of 6.52 feet to a point for corner; THENCE North 64 deg. 20 min. 55 sec. East a distance of 150.74 feet to a point for corner; THENCE South 25 deg. 39 min. 05 sec. East a distance of 212.73 feet to the POINT OF BEGINNING and containing 39,128 square feet or 0.8983 acres of land. 10 8803PUDApplimtion ' LEGAL DESCRIPTION_ PARCEL 4 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 Madstone Partners, Ltd. by deed dated August 17, 1992, as recorded in County Clerk's File No. 92-0055975, Land Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 3/8 inch iron rod found at the intersection of the north right-of-way line of Bethany Road (a 110 foot right-of-way) with the east right-of-way line of U. S. Highway No. 75 (a variable width right-of-way), said point being the most southeast end of a corner clip of the said 16.6861 acre tract; THENCE North 38 deg. 46 min. 17 sec. West with said east right-of-way line corner clip of U. S. Highway No. 75 a distance of 60.45 feet to a 3/8 inch iron rod found for corner; THENCE North 14 deg. 01 min. 57 sec. East following the east line of said U. S. Highway No. 75 a distance of 29.78 feet to a _ inch iron rod found for comer; THENCE North 08 deg. 23 min. 28 sec. East following the east line of said U. S. Highway No. 75 a distance of 175.12 feet to the POINT OF BEGINNING; THENCE North 08 deg. 23 min. 28 sec. East continuing along the east right-of-way of said U. S. Highway No. 75 a distance of 225.94 feet to an iron pin found for corner; THENCE North 14 deg. 03 min. 06 sec. East, continuing along the east line of U.S. Highway No. 75, a distance of 145.34 feet to a point for corner; THENCE South 75 deg. 58 min. 16 sec. East, leaving the east line of U.S. Highway No. 75, a distance of 439.43 feet to a point for comer; THENCE South 25 deg. 39 min. 05 sec. East a distance of 163.06 feet to a point for corner; THENCE South 64 deg. 20 min. 55 sec. West a distance of 150.74 feet to a point for corner; THENCE South 77 deg. 06 min. 12 sec. East a distance of 233.73 feet to a point for comer; 11 8803PUDApplication THENCE South_02 deg. 55 min_ 15 sec.. East a distance of 2&49 feet to a -point for corner; THENCE North 81 deg. 36 min. 32 sec. West a distance of 205.00 feet to the POINT OF BEGINNING and containing 147,711 square feet or 3.3910 acres of land. 12 8803PUDApplication --- LEGAL DESCRIPTION - PARCEL 5 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 Madstone Partners, Ltd. by deed dated August 17, 1992, as recorded 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; THENCE South 75 deg. 58 min. 16 sec. East a distance of 349.37 feet to a point for corner; THENCE South 14 deg. 01 min. 44 sec. West a distance of 400.00 feet to a point for comer; ' THENCE North 75 deg. 58 min. 16 sec. West a distance of 349.37 feet to a point for comer; THENCE North 14 deg. 03 min. 06 sec. East along the east right-of-way line of said U.S. Highway No. 75 a distance of 400.00 feet to the POINT OF BEGINNING and containing 139,779 square feet or 3.2089 acres of land. ' 13 8803PUDAppliwtion I lb Ktl i� N Ordinance No. 1615-7-98 Exhibit 'D' axria xLcat INd7d Elll;-L EMS MEDMOJld�. lb Ktl i� N Ordinance No. 1615-7-98 Exhibit 'D'