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Home My WebLink AboutO-3433-11-16ORDINANCE NO. 3433-11-16 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM COMMUNITY FACILITIES "CF" AND PLANNED DEVELOPMENT "PD" NO. 6 SHOPPING CENTER `5C" TO PLANNED DEVELOPMENT "PD" NO. 125 FOR A 39.7432± ACRE TRACT OF LAND DESCRIBED IN EXHIBIT "A" HERETO CONSISTING OF A 4.278E ACRE AND A 1.970± ACRE TRACT OF LAND OUT OF THE PETER WETSEL SURVEY, ABSTRACT NO. 990, AND LOT 1, BLOCK A, ALLEN HIGH SCHOOL ADDITION; ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION 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 AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, 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, the City Council has concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be further amended as follows: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as amended, be further amended by granting a change in zoning from Community Facilities "CF' and Planned Development "PD" No. 6 Shopping Center "SC" to Planned Development "PD" No. 125 for the 39.7432 acre tract of land, described in Exhibit "A," attached hereto and incorporated herein by reference ("the Property"). SECTION 2. The Property shall be developed and used only in accordance with the applicable provisions of the Allen Land Development Code, as amended ("'ALDC") except as modified by the following Development Regulations: A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with provisions applicable to the Community Facilities District "CF" except as otherwise provided in this Ordinance. B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit `B," and incorporated herein by reference. Minor modifications to streets that do not alter the general alignment shown on the Concept Plan may be made at the time of plat ' approval. C. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in general conformance with the height, materials, and architectural style set forth on the Building Elevations attached hereto as Exhibit "C," and incorporated herein by reference. D. SCREENING: Screening shall be constructed and/or installed along the boundaries of the Property in general conformance with the Concept Plan attached hereto as Exhibit `B." Notwithstanding the ' foregoing to the contrary, the owner of the Property may construct the screening wall along the eastern boundary of the Property with a wrought iron appearance and masonry columns upon written approval of the Director of Community Development following submission and review of design documents submitted by the Property owner for alternative screening design. E. TRAFFIC IMPROVEMENTS: 1. Driveway Curb Radii, throat lengths, and spacing shall be in accordance with the Concept Plan attached hereto as Exhibit `B." 2. Pebblebrook Drive shall be widened and constructed to a collector -width street satisfying the standards as set forth in Section 8.05.2 of the ALDC, and accepted by the City, prior to issuance of a certificate of occupancy for the new school to be constructed on the Property. SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code, 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 Allen Land Development Code, as amended hereby, which shall remain in full force and effect. ' SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. 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 Allen Land Development Code Zoning Regulations as previously amended, and upon conviction shall be punished by a fine not to exceed the sum ofTwo Thousand Dollars ($2,000) for each offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and publication of the caption 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 STa DAY OF NOVEMBER 2016. APPROVED: '�� W -K Stephen Terrell, Mayor APPROVED AS TO FORM: ATTEST: (d(L Petkr .S�th, Atta ney Sheefey�B. George, ity Secretary (WP 1111/1681029) Ordinance No. 3433-11-16, Page 2 1 EXHIBIT "A" WHEREAS, Allen Independent School District Is the owner of a tract of land situated in the Peter Wetsel Survey, Abstract Number 990, City of Allen, Collin County, Texas, and being all of Lot 1, Block A, Allen High School Addition, an addition to the City of Allen, Collin County, Texas, as recorded in Volume C, Page 448 of the Plat Records, Collin County Texas, and all of a 4.278 acre tract of land as recorded in Clerk's File Number 201604180OD459840 and all of a 1.970 acre tract of land as recorded in Clerk's File Num her 20160512000581590 and being more particularly described BEGINNING at an "X" cut found in an interior ell corner of said Lot 1, Block A, also being the northwest comer of lot 1, Block 1, Mr. Quik Addition, as recorded in Volume C, Page 499 of said plat records; THENCE, South 01°00'00" West, with an east line of said Lot 1, Block A, and the west line of said Lot 1, Block 1, for a distance of 240.00 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." in the north right of way line of Main Street (110' R.O.W.), a right of way plat as recorded in Volume H, Page 670 in said plat records; THENCE, North 89°25'00" West, with said north line, for a distance of 670.00 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." in the south line of said Lot I, Block A; THENCE, North 44012'19" West, departing said north line and with said south line, for a distance of 49.31 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." in the east line of Jupiter Road (65' R.O.W.) and the west line of said Lot I, Block A; THENCE, North 01 000'00" East, with the west line of said Lot I, Block A, passing at 930.09 feet the southeast corner of Tract 5, Allen Towne Center, an addition to the City of Allen, Collin County, Texas, as recorded in Volume E, Page 139 in said Plat Records, and continuing with the east line of said Tract 5 and said west lice for a total distance of 1264.80 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." in the east right of way line of Greenville Avenue (Variable R.O.W.) also being the most westerly northwest comer of Lot I, Block A; THENCE, South 89°25'00" East, with said east line and the north line of said Lot 1, Block A. for a distance of 2.20 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." at the southwest comer of said 4.278 acre tract; THENCE, North 30047'45" East, departing said north line and with said east line and with the west line of said 4.278 acre tract, for a distance of 212.03 feet to Texas Department of Transportation Monument found; THENCE, South 60°07'37" East, with said east and west lines for a distance of 10.04 feet to Texas Department of Transportation Monument found; THENCE, North 30052'37" East, with said east and west lines for a distance of 379.21 feet to a 12 inch iron rod set with a yellow cap stamped "CORW IN ENG. INC:' at the northwest corner of said 4.278 acre Inset, also being in the south line of said 1.970 acre tract; THENCE. North 59°08'00" West, with said south and east lines, for a distance of 10.19 feet to a Texas ' Department of Transportation Monument found at the southwest comer of said 1.970 acre tract; Ordinance No. 3433-11-16. Page 3 EXHHiIT "A" DESCRIPTION OF PROPERTY cont. ' THENCE, North 30052'35" East, with the west line of said tract and said east line, for a distance of 217.78 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." at the northwest corner of said 1.970 acre tract, also being the southwest comer of Phase I Pebblebrook Village, an addition to the City of Allen, Collin County, Texas, as recorded in Volume C, Page 513 in said Plat Records; THENCE, South 59008'00" East; departing said east line and with the north line of said 1.970 acre tract and the south line of said Phase 1 Pebblebrook Village Addition, for a distance of 394.09 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." at the southeast comer of said Phase 1 Pebblebrook Village Addition, also being in the west litre of said Lot 1, Block A; THENCE, North 30052'00" East, with the east line of said Phase I Pebblebrook Village and the west line of said Lot 1, Block A, for a distance of 260.81 feet to an "X" cut set in concrete at the northeast comer of said Phase I Pebblebrook Village, also being the most northerly northwest comer of said Lot 1, Block A, also being in the south line of Pebblebrook Drive (60' R.O.W.), being on a curve to the left having a radius of 751.58 feet, a tangent of 78.24 leer and a central angle of 11°53'08"; THENCE, with said curve to the left and said south line and the north line of said Lot 1, Block A, for an am distance of 155.91 feet (Chord Bearing South S4°10'26" East) to a 12 inch iron rad set with a yellow cap stamped "CORWIN ENG. INC."; THENCE, North 89°53'00" East, with said south and north lines, for a distance of 290.35 feet to a 12 inch imn rod set with a yellow cap stamped "CORWIN ENG. INC." at the northeast corner of said Lot I, Block A, also being the west line of Fountain Park Second Section, an addition to the City of Allen as ' recorded in Volume 8, Page 67, in said Plat Records, being on a curve to the right having a radius of 67.00 feel, a tangent of 18.57 feet and a central angle of 30°58'57"; THENCE, with said curve to the right and the east line of said Lot 1, Block A and the west line of said Fountain Park Second Section, for an arc distance of 36.23 feet (Chord Bearing South 15"22'32" West — 35.79 feet) to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC."; THENCE, South 30°52'00" West, with said east and west lines, passing at 6.71 feet, the southwest comer of said Fountain Park Second Section, also being the northwest comer of Fountain Park Third Sermon, an addition to the City of Allen, Collin County, Texas, as recorded in Volume B, Page 127 in said plat records, and continuing with the west line of said Fountain Park Third Section for a total distance of 619.37 feet to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." on a curve to the left having a radius of 750.00 feet, a tangent of 200.03 feet and a central angle of 29'52'00"; THENCE, continuing with said east and west lines and with said curve to the left for an arc distance of 390.95 feet (Chad Bearing South 15"56.00" West — 386.54 feet) to a 12 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC."; THENCE, South 01000'00" West, with said east and west lines, passing at 34.24 feet the southwest comer of said Fountain Park Third Section, also being the northwest comer of Fountain Park Fourth Section, an addition to the City of Allen, Collin County, Texas, as recorded in Volume B, Page 239 in said plat records, and continuing with said east line and the west line of said Fountain Park Fourth Section, passing at 350.00 feet the southwest comer of said Fountain Park Fourth Section, aim being the northwest comer of Fountain Park Fifth Section, an addition to the City of Allen, Collin County, Texas, as recorded in Volume E, Page 82 in said plat records, and continuing with said east line and the west line ' of said Fountain Park Fifth Section, passing at 344.90 feet the southwest comer of said Fountain Park Fifth Section, also being the northwest comer of Lot I, Block 1, Sonic Addition, an addition to the City of Ordinance No. 3433-11-16, Page 4 1 EXHIBIT "A" DESCRIPTION OF PROPERTY cont. Allen, Collin County, Texas, as recorded in Volume G, Page 370 in said plat records, and continuing with said east line and the west line of said Lot 1, Block 1, Sonic Addition, for a total distance of 832.33 feet to a 112 inch iron rod set with a yellow cap stamped "CORWIN ENG. INC." at the most easterly southeast comer of said Lot I, Block A, also being the northwest comer of Lot 2, Block 1, of said Mr. Quik Addition; THENCE, North 89°25'00" West, with the south line of said Lot 1, Block A and the north line of said Lot 2, Block 1, passing at 100.00 feet the northwest comer of said Lot 2, Block I, also being the northeast comer of said Lot 1, Block 1, Mr. Quik Addition, and continuing with said south line and the north line of said Lot I, Block 1, for a total distance of 200.00 feet to the POINT OF BEGINNING and containing 39.7432 acres of land. Ordinance No. 3433-11-16, Page 5 1 II kdl JJJJiJi I EXIIIBIT'B" k Ordinance No. 3433-11-16, Page 6 1 EXHIBIT "C^ Ordinance No. 3433-11-16, Page 7