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HomeMy WebLinkAboutO-3911-5-22 ORDINANCE NO.3911-5-22 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 REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF 0.900± ACRES IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, LOCATED IN PLANNED DEVELOPMENT "PD" NO. 100 OFFICE "0" BY CHANGING THE BASE ZONING TO SHOPPING CENTER"SC"AND ADOPTING A ZONING EXHIBIT, CONCEPT PLAN, LANDSCAPE 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 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 as set forth in Section 2 of this Ordinance the regulations relating to the use and development of 0.900± acres of land in the Catherine Parsons Survey, Abstract No. 711, described in"Exhibit A,"attached hereto and incorporated herein by reference("the Property"),located in Planned Development"PD"No. 100 Office"O." 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 the development and use regulations of Planned Development"PD"No. 100,except to the extent modified by the Development Regulations set forth below: A. BASE ZONING: The Property shall be developed and used only in accordance with the regulations of the Shopping Center"SC"zoning district except as otherwise provided in this Section 2. 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(the"Concept Plan"). C. LANDSCAPE PLAN: The Property shall be developed in general conformance with the Landscape Plan attached hereto as Exhibit"C"and incorporated herein by reference(the"Landscape Plan"). D. BUILDING ELEVATIONS: The buildings constructed on the Property shall be developed in general conformance with the architectural style set forth on the Building Elevations attached hereto as Exhibit "D"and incorporated herein by reference(the"Building Elevations"). E. SCREENING: The Property shall be screened in accordance with the Landscape Plan. F. RETAINING WALL AND SLOPE EASEMENT — DEVELOPMENT AGREEMENT: Prior to issuance of a Development Permit for the construction of any other improvements on the Property, construction of a retaining wall located on the south side of the Property generally parallel to W. McDermott Drive (the "Retaining Wall") as shown on the Concept Plan shall be completed and accepted by the Director of Engineering Services or designee. The Retaining Wall shall be designed and constructed in accordance with plans and specifications approved by the Director of Engineering Services or designee. The City Manager is hereby authorized to negotiate and execute a development agreement on behalf of the City with the owner and/or developer of the Property setting forth the terms and conditions pursuant to which the City will allow the Retaining Wall to be constructed within an existing City-owned slope and utility easement that encumbers the Property and is located parallel to W. McDermott Road and the conditions by which the City agrees to release some or all of said easement. The City Manager is further hereby authorized to execute on behalf of the City such documents as necessary to release and abandon so much of said slope and utility easement as the City Manager, in consultation with the Director of Engineer Services,determines reasonable and necessary in association with the development of the Property and in the best interest of the City. G. REAR YARD SETBACK: The rear yard setback for the property shall be zero feet. 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 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. Ordinance No.3911-5-22,Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN. COLLIN COUNTY,TEXAS,ON THIS THE 10" DAY OF MAY 2022. APPROVED: Kenneth M. Fulk,11, AYOR APPROVED AS TO FORM: ATTEST: Peter G.Smith,CI Y ATTORNEY Shelley B.George,CiNY C TAR 1 kbL:4,r 3'2O2 1288'6 Ordinance No. 391 1-5-22, Page 3 EXHIBIT "A" ZONING EXHIBIT Ordinance No. 3911- 5-22, Page 4 EXHIBIT "B" CONCEPT PLAN Ordinance No. 3911- 5-22, Page 5 EXHIBIT "C" LANDSCAPE PLANOrdinance No. 3911- 5-22, Page 6 01 WEST ELEVATION FACADE MATERIAL CALCULATION % 02 SOUTH ELEVATION 03 EAST ELEVATION 04 NORTH ELEVATION AT ALLEN, TEXAS RETAIL FACADE MATERIAL CALCULATION % FACADE MATERIAL CALCULATION % FACADE MATERIAL CALCULATION % 5 KEY PLANN A301 RETAIL AND RESTAURANT BEING .900 ACRES LOCATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO 711 CITY OF ALLEN, COLLIN COUNTY TEXAS AT TS XETEFO SAM.Fahim Uddin K han2179 0REGISTERED ARC H I T ECTELEVATIONS 1 EXHIBIT "D" BUILDING ELEVATIONS Ordinance No. 3911- 5-22, Page 7