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Home My WebLink AboutO-3634-12-18 ORDINANCE NO. 3634-12-18 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 AMENDING THE DEVELOPMENT REGULATIONS OF TRACT A-1 OF PLANNED DEVELOPMENT “PD” NO. 92 CORRIDOR COMMERCIAL “CC” AND ADOPTING A CONCEPT PLAN, BUILDING ELEVATIONS, AND AN AMENDED ZONING EXHIBIT RELATING TO THE USE AND DEVELOPMENT OF ALL OF LOT 1, BLOCK A, STARCREEK VILLAGE AND 5.417± ACRES LOCATED IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280; 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 amending the development regulations of Tract A-1 of Planned Development “PD” No. 92 Corridor Commercial “CC”, with respect to the use and development of all of Lot 1, Block A, Starcreek Village and 5.417± acres located in the Francis Dosser Survey, Abstract No. 280 (“the Property”) described in “Exhibit A,” attached hereto and incorporated herein by reference as set forth in Section 2 of this Ordinance. 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”) and Planned Development “PD” No. 92 as set forth in Ordinance No. 2352-12-04, as amended by Ordinance No. 3353-2-16 and Ordinance No. 3398-7-16 (collectively “the PD 92 Ordinance”), except to the extent modified by the Development Regulations set forth below: A. DESIGNATION OF TRACT A-2: The portion of Tract A and Tract A-1 (which Tract A and Tract A-1 are last depicted in Exhibit “B” “Zoning Concept Plan” made a part of the PD 92 Ordinance pursuant to Ordinance No. 3398-7-16) which are outlined and depicted on the Zoning Exhibit attached here to as Exhibit “B,” and incorporated herein by reference, are hereby collectively re-designated as “Tract A-2”. B. PERMITTED USES: (1) In addition to the uses permitted in Tract A of the PD 92 Ordinance, except as provided in paragraph (2), below, Tract A-2 may be used and developed for the following purposes: Ordinance No. 3634-12-18, Page 2 (a) Office (b) Medical or Dental Office (c) Medical Clinic (d) Dance/Martial Arts Studio (e) Building Material Sales (Indoor) (f) Hardware Store (g) Bicycle Shop/Repair Service (2) No more than fifty percent (50%) of the floor area of the portions of Tract A-2 shown in yellow and identified in the legend of Exhibit “B” hereto may be used and developed as Office, Medical or Dental Office, and/or Medical Clinic uses. C. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit “C,” 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 plat approval. D. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in general conformance with the height, materials, and architectural style set forth in the Building Elevations attached hereto as Exhibit “D,” and incorporated herein by reference (“the Elevations”), and shall be further subject to the following. E. BUILDING HEIGHT: The maximum height for buildings constructed on Tract A-2 shall be three (3) stories. 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 of Two 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 11th DAY OF DECEMBER 2018. ' APPROVED: 4L Stepheh Terrell,Mayor APPROVED AS TO FORM: ATTEST: Peter G.Smith,City Attorney She ley B. George, y Secretary (kbl:I V29/18:IOd638) 1 Ordinance No. 3634-12-18,Page 3 Ordinance No. 3634-12-18, Page 4 EXHIBIT “A” DESCRIPTION OF PROPERTY Ordinance No. 3634-12-18, Page 5 EXHIBIT “B” ZONING EXHIBIT Ordinance No. 3634-12-18, Page 6 EXHIBIT “C” CONCEPT PLAN Ordinance No. 3634-12-18, Page 7 EXHIBIT “D” BUILDING ELEVATIONS Ordinance No. 3634-12-18, Page 8 EXHIBIT “D” BUILDING ELEVATIONS cont. Ordinance No. 3634-12-18, Page 9 EXHIBIT “D” BUILDING ELEVATIONS cont. Ordinance No. 3634-12-18, Page 10 EXHIBIT “D” BUILDING ELEVATIONS cont. Ordinance No. 3634-12-18, Page 11 EXHIBIT “D” BUILDING ELEVATIONS cont. Ordinance No. 3634-12-18, Page 12 EXHIBIT “D” BUILDING ELEVATIONS cont.