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Home My WebLink AboutO-3445-12-16ORDINANCE NO. 3445-12-16 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR LOT 1, BLOCK A, ALLEN STATION BUSINESS PARK #3 (COMMONLY KNOWN AS 420 E. EXCHANGE PARKWAY), WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. 58 FOR LIGHT INDUSTRIAL "LI"; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING 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 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, have concluded that Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be amended. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION I. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended by amending the development regulations of Planned Development No. 58 for Light Industrial "LI" and adopting a Concept Plan and Building Elevations for property described as Lot 1, Block A, Allen Station Business Park #3, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2011, Page 260, Plat Records, Collin County, Texas (commonly known as 420 E. Exchange Parkway) ("the Property"). SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, ("ALDC") except to the extent modified by the Development Regulations set forth below: A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the Light Industrial "Ll" District except as otherwise provided in this Ordinance. B. CONCEPT PLAN: The Property shall be developed in substantial conformance with the Concept Plan attached hereto as Exhibit "A," 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 Site Plan approval. C. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in ' substantial wnformance with the height, materials, and architectural style set forth on the Building Elevations attached hereto as Exhibit "B," and incorporated herein by reference. D. SETBACKS: ' (1) The minimum front yard setback adjacent to Andrews Parkway shall be eighty-five feet (85.0'). (2) The minimum parking setback adjacent to Andrews Parkway shall be fifteen feet (15.0'). (3) The nummin parking setback adjacent to Exchange Parkway shall be twenty-five feet (25.0'). E. STREET IMPROVEMENTS: The Developer shall construct all improvements necessary to install the deceleration lanes on Exchange Parkway and Andrews Parkway in general conformance with the Concept Plan attached hereto as Exhibit "A." No Certificate of Occupancy for any structure located on the Property shall be issued until completion of construction and acceptance by the City Engineer of such deceleration lanes. F. DRIVEWAYS: Driveway throat lengths and spacing shall be constructed as shown on the Concept Plan, unless approved otherwise by the Director of Engineering. G. FLOODSTUDY: City authorization for construction of any improvements on any area of the Properly located within the regulatory flood plain is subject to approval of a flood plain study by the City of Allen Engineering Department and require approval by the Federal Emergency Management Agency ("FEMA") through a Conditional Letter of Map Revision ("CLOMR") and Letter of Map Revision ("LOMR'). The CLOMR shall be approved by FEMA prior to issuance of any grading or development permit that impacts the regulatory floodplain. A LOMR shall be approved by FEMA prior to any issuance by the City of a Certificate of Occupancy of any building or final acceptance of any ancillary improvement, (such as parking) that encroaches upon the regulatory floodplain. An environmental ' study shall be prepared and submitted to the City of Allen Engineering Department and all applicable permits from the U.S. Amy Corps of Engineers must be obtained prior to any disturbance of wetland or treed areas. 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 Zoning Regulations, 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 Zoning Regulations, 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 ofthe 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 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 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. Ordinance No. 3445-12-16, Page 2 1 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 13TH DAY OF DECEMBER 2016. APPROVED AS TO FORM: Peter G. Smith, rrY ATTORNEY (W 112911681860) APPROVE Stephen Terrell, MAYOR ATTEST: 1 lV �7.� Shelley B. Georg RMC, CITY SECRETARY Ordinance No. 3445-12-16, Page 3 7-1 ~ 1Ci lw- '.8S ��. c � r, �� 1 IS�tTT„T•• �' / •.. G 11 131\ � m, _ s j�/ •rte E �2 � � SS � � 1 __ � _ +"�yy y��,�� au�C ♦aex�wy%3ai"� a.r.l.p Y' `r. \ 93RS� �4 - t d a.'Rlk`f`Y+44`64't`'�. } •brw�w w•s ..— CALCULAII. ML e� PD AMENDMENT CONCEPT PI N— •• 3 E Y�Y KriEAMU -i-i i i i1i- i- i1 i- i1 MUM ElE9a M wa®.meaEw f vsmyea.uaman>� * ARCHITECTS