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Home My WebLink AboutO-3724-12-19 ORDINANCE NO.3724-12-19 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 DEVELOPMENT AND USE OF 1.168± ACRES OUT OF THE JOHN FYKE SURVEY, ABSTRACT NO. 325, LOCATED IN DISTRICT H OF PLANNED DEVELOPMENT "PD" NO. 108 MIXED USE "MIX" AND ADOPTING A 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 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,as set forth in Section 2 of this Ordinance,the regulations relating to the development and use of 1.168± acres located in the John Fyke Survey,Abstract No. 325 ("the Property") described in "Exhibit A," attached hereto and incorporated herein by reference, and located in District H of Planned Development"PD"No. 108 Mixed-Use"MIX". 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 District H of Planned Development"PD"No. 108 as set forth in Ordinance No. 3044-10-11, as amended, and in Ordinance No. 3094-7-12, as amended (collectively"the PD 108 Ordinance"),except to the extent modified by the Development Regulations set forth below: A. 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/driveways that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan approval. B. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the architectural style set forth on the Building Elevations attached hereto as Exhibit"C." 111 C. PERMITTED USES: In addition to the uses permitted within District H of Planned Development "PD"No. 108,the Property may be used and developed as a"Daycare." EXHIBIT"A" DESCRIPTION OF PROPERTY Being all that certain lot tract or parcel of land located in the JOHN FYKE SURVEY, ABSTRACT NO. 325, City of Allen, Collin County, Texas, and being part of a tract of land described in deed to Twin Creeks Business Park Inc.. recorded in Instrument No. 20120731000930950, Official Public Records. Collin County. Texas, and being more particularly descnbed as follows BEGINNING at an "X" set in a concrete Street. at the intersection of the Northeast line of Bossy Boots Drive, an 80' rightiof-way with Northwest line of Stockton Drive, an 80' right- of-way Thence North 32"48'07" West. along said Northeast line, a distance of 170 75' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner. Thence North 57°11'53" East, passing through said Twin Creek tract, a distance of 160 00' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for comer; Thence North 44"57'43" East. continuing through said tract, a distance of 116.00' to a 1;'2' iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner, Thence South 46'49'39" East, ccntinuing through said tract, a distance of 175 00' to a 112" iron rod with a yellow plastic cap stamped "RPLS 5310" set in the said Northwest line of Stockton Drive, said point being the beginning of a non-tangent curve to the right having a central angle of 13'14'57". a radius of 960.00' and a chord bearing and distance of South • 50'34'25" West, 221.50'i Thence Southwesterly, along said Northwest line and said curve to the right, an arc distance of 221 99' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set for corner Thence South 57"11'53" West, continuing along said Northwest line, a distance of 95.76' to the PLACE OF BEGINNING and containing 50,891 square feet or 1.168 acres of land. Ordinance No.3724-12-19,Page 3 D. LANDSCAPING: (1) Detail 5 "Stockton & Bossy Boots Landscape Feature Plan" of Exhibit "C" "Concept Plan Details" as adopted by Ordinance No. 3094-7-12 is amended to reduce the radii from 72 feet to 51 feet, as shown in the Concept Plan;and (2) The Property shall be developed in general conformance with the Landscape Plan attached hereto as Exhibit"D,"and incorporated herein by reference(the"Landscape Plan"). E. DRAINAGE: The onsite drainage generated from the full development of the Property as provided in this Ordinance must be conveyed to the existing outfall on the eastern side of the adjacent property through(1)a drainage easement dedicated at the time of final plat of the Property and prior to issuance of any development permits for the Property and (2) a combination of underground and surface facilities. F. TRAFFIC IMPROVEMENTS: The hooded left-hand turn lane on Stockton Drive as shown on the Concept Plan shall be constructed and completed prior to issuance of a 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,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 10TH DAY OF DECEMBER 2019. APPR ED: Stephen rrell,Mayor APPROVED AS TO FORM: EST: Peter G. Smith, ty Attorney She . George, C etary (kbl:11/19/19:112262) Ordinance No. 3724-12-19,Page 2 ..., -...0. -: .'4,.1t::: e1';'..;''',,: •,A4:-/;:f ' :`,. , ,s, 44" v• / 4' ,,'2...}:•."'',,'''', '' 44, :,•,;',_ ,"41'.;.:''' _.•'' , 1,,,T ir :-**.- - :.a.t do 010-?'4'.•,- '''71•1!:' - ,-' , . .„fte--, teir„.r.- •'.- 1,,.,49-,,. •-' ..,Aiii,„ -4-.* ,• 1„ , ,z,., .. 'Al, t! ' 4.' '',;;• I ''''.,-t.'°•.*''',„:„1.-,./: ,itfl,•It'''''' ' ' ' • - . ' , , ..s- ••': . ' :1-/7,'.';'-'4, ''' :, : , _ '''\'' -••- - l,--41, 40. / ' , , 400 ,A+4,410 ANI,Aw.„61410,8 _Is .0. . _ . . '.. I'' - /4 I 0,44'it.,* , 44.. .41 1214.A 4 p.41 A, :*4 it,:1,..:N ',A,\ , I ra it tat....444.1 V •v-. ,i 64 04;......4 6+,4 0 4110„4„i-8# ,..v 410, , ,\,,,, ,,,,, ,,, 404"...,4r40,, 4. o 464111,4t41 1, / Arit-' 41."41,F): ,,'...,, - ,.4 4.,.....1.:,,T4frt ' 'Olt. 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[Z' 200 Buffer E The Goddard School 5 NOTE TZL',P.7,Z,t'Z'::::;7,L72;7:.°:,','.Ppl:r1=Zt:ct ... ,-'''1 -'1. ,,,,-.•,, .: i NE of Bossy Boots Dr and Stockton Dr /N/ Railroad - , ; V) •, EXHIBIT"B" CONCEPT PLAN Ordinance No.3724-12-19,Page 4 EXHIBIT"C" BUILDING ELEVATIONS I I I Ordinance No.3724-12-19,Page 6 EXHIBIT"D" LANDSCAPE PLAN Ordinance No. 3724-12-19,Page 8