The URL can be used to link to this page

Home My WebLink AboutO-3567-4-18ORDINANCE NO. 3567.4-18 ' 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, RELATING TO THE USE AND DEVELOPMENT OF A 32.016: ACRE TRACT OF LAND SITUATED IN THE THOMAS PHILLIPS SURVEY, ABSTRACT NO. 727 AND THE J. W. PARSONS SURVEY, ABSTRACT NO. 705, PRESENTLY ZONED AS CORRIDOR COMMERICAL "CC" AND PLANNED DEVELOPMENT 'TD" NO. 98 CORRIDOR COMMERICAL "CC" BY CHANGING THE ZONING TO CREATE PLANNED DEVELOPMENT 'TD" NO. 135 WITH A BASE ZONING OF CORRIDOR COMMERICAL "CC" AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AND BUILDING ELEVATIONS; 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 1. 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 relating to the use and development of 32.016* acres situated in the Thomas Phillips Survey, Abstract No. 727 and the J. W. Parsons Survey, Abstract No. 705 described in "Exhibit A," attached hereto and incorporated herein by reference (`the Property"), which is presently zoned as Corridor Commercial "CC" and Planned Development "PD" No. 98 Corridor Commercial "CC" by changing the zoning to create Planned Development "PD" No. 135 with a base zoning of Corridor Commercial "CC" to be used and developed in accordance with the use and development regulations set forth in Section 2 of this Ordinance. SECTION 2. The Property shall be developed and used in accordance with 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 Corridor Commercial "CC" zoning regulations of the Allen Land Development Code, except as otherwise provided herein. ' B. PERMITTED USES: In addition to the uses permitted within the "CC" zoning district, the Property may be used and developed for a "College University or Trade School." I 1 C. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit 'B, • and incorporated herein by reference (the "Concept Plan'). 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. D. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in general conformance with the materials and architectural style set forth on the Building Elevations attached hereto as Exhibit `V," and incorporated herein by reference. E. TRAFFIC IMPROVEMENTS: The median opening spacing and centerline radius on Bending Branch Way shall be constructed as shown on the Concept Plan and completed prior to issuance of the certificate of occupancy for any building 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 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 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 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24- DAY OF APRIL 2018. APP E Stephen •eell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smi City Attorney Shelley B. Georg , TF C, Cit S , my (kb14111/1898116) Ordinance No. 3567.4.18, Page 2 BEGINNING at a capped 5/8" iron rod stamped "KHA" found for corner at the northwest corner of said 104.106 acre tract, said upped iron rod being in the south Right Of Way line of State Highway No 121; THENCE N 66°18'20' E following the south Right Of Way line of State Highway No. 121 a distance of 913.04'w a rapped 1/2" iron rod stamped "4613" set for corner; THENCE 5 23'33'16" E a distance of 665.23'to a capped 1/2" iron rod stamped "4613" set for corner; THENCE N 80°59'37" E a distance of 102.94' to a capped 1/2" iron rod stamped "4613" set for corner; THENCE S 23'33'16" E a distance of 773.39'to a capped 1/2" iron rad stamped "4613" set for corner In the north Right Of Way line of Ridgeview Drive (120' ROW), said iron rod being in a run tangent curve to the left; THENCE along said non tangent curve to the left following the north Right Of Way line of Ridgeview Drive through a central angle of 40636'57". a radius of 106000', an are length of 751.41', with a chord bearing of S 71"49'58" W, and a chord length of 735.78', 'THENCE EXHIBIT "A" LEGAL DESCRIPTION ' corner at the beginning of a curve to the right; BEING tract of land situated in the Thomas Phillips5urvey,Abstract No 727 and thef.W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, Texas, and being part of a called 104.106 acre tract conveyed W Meadow Road/ford, LP as recorded in County Clerks No. 20110615000615300, OfRcial Public Records of Collin County, Texas and also being part of a called 10.332 acre tract conveyed to Meadow Road/ford, LP as recorded in County Clerks No. 20160127000096900, Official Public Records of Collin County, Texas and being more Particularly described by metes and bounds as follows: BEGINNING at a capped 5/8" iron rod stamped "KHA" found for corner at the northwest corner of said 104.106 acre tract, said upped iron rod being in the south Right Of Way line of State Highway No 121; THENCE N 66°18'20' E following the south Right Of Way line of State Highway No. 121 a distance of 913.04'w a rapped 1/2" iron rod stamped "4613" set for corner; THENCE 5 23'33'16" E a distance of 665.23'to a capped 1/2" iron rod stamped "4613" set for corner; THENCE N 80°59'37" E a distance of 102.94' to a capped 1/2" iron rod stamped "4613" set for corner; THENCE S 23'33'16" E a distance of 773.39'to a capped 1/2" iron rad stamped "4613" set for corner In the north Right Of Way line of Ridgeview Drive (120' ROW), said iron rod being in a run tangent curve to the left; THENCE along said non tangent curve to the left following the north Right Of Way line of Ridgeview Drive through a central angle of 40636'57". a radius of 106000', an are length of 751.41', with a chord bearing of S 71"49'58" W, and a chord length of 735.78', 'THENCE 551'31'31" W following the north Right Of Way line of Ridgeview Drive a distance of 153.77' W a capped 5/8" iron rad stamped "KHA" found for corner; THENCE N 38038'44" W a distance of 50.00'to a capped 5/8" iron rod stamped "KHA" found for corner at the beginning of a curve to the right; THENCE along said curve to the right through a central angle of 09°11'30". a radius of 576.09', an arc length of 92.42', with a chard bearing of N 39"OB'29" W, and a chord length of 92.32', THENCE N 29055'21" W a distance of 99.81'to a capped 5/8" iron rod stamped "KHA" found for corner; THENCE along said curve to the left through a central angle of 11043'32". a radius of 600.00', an am length of 122.79', with a chord bearing of N 35°4203" W, and a chord length of 122.58'W a capped 5/8" iron rod stamped KHA found for corner THENCE N 41"33'49" W a distance of 65.28'to a capped 5/8" Iron rod stamped "KHA" found for corner; THENCE N 69'13'39" W a distance of 99.90'to a capped 5/8" iron rod stamped "KHA" found for corner; Ordinance No. 3567.4.18, Page 3 EXHIBIT "A" LEGAL DESCRIPTION cont THENCE N 38'28'34" W a distance of 514.24' W a upped 5/8" iron rod stamped"KHA" found for Corner; THENCE 5 6F25'57' W a distance of 2537 to a upped 5/8" iron rod stamped "KHA" found for corner; THENCE N 01'31'57' W a distance of 372.51'to a upped 5/8" iron rod stamped"KHA" found for corner; THENCE N 00°33'46" E a distanu of 110.21' to a upped 5/8" iron rod stamped "KHA" found for corner; to the POINT OF BEGINNING, and containing 1,394,633 Square Feet or 32.016 Acres of land. Ordinance No. 3567-4-18. Page 4 I 1 II EXHIBIT "B" CONCEPT PLAN i iR� AFFd" r �� 131 :f' 3. !!" ®." I l�gq itli I�i�MRiii"��fSFaf��9i' � ?•a �°'il!! � Ilii! a:�•fo;' u��Fa�"$•,! __..._ — d i ' 'll'FI Fo"l�ild't g S��I F�oF � i• K R S .:. S�� , „• ti's lie �'.,d/,;,a, � :�,.aam�: .__�R IIR I, 9 WEi I � 31 p�9j �I s' I yy ff e t i _.i.- . yi I °ems ii !�p 1 EXHIBIT "C" ":ix snMn1V01NH031 SNMU31 /)tom .w..ra,3 wvwv 30 31107 N11107 (C31 tt Ordinance No. 3567-4.18, Page 6 C) o n o w 9 I 1 EXHBIT "C" BUILDING ELEVATIONS cont. SIN 5 N I Md 3 d /I\ o ''i elpl'l3BMHpl�.lT3'JXpNll6 rrrr 0rrSp SOd AVO IVO IN H031 3931100 NI1100 t41t11�H^r^ L'TjOT��Y Illll �ldls 1Bil Ordinance No. 3567-4-18, Page 7