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HomeMy WebLinkAboutO-3975-12-22ORDINANCE NO. 3975-12-22 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 REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF A 12.785+/- ACRE TRACT OF LAND SITUATED IN THE H. SEABORN AND R. CLEMENTS SURVEY, ABSTRACT NO. 879; PRESENTLY LOCATED IN PLANNED DEVELOPMENT “PD” NO. 40 CORRIDOR COMMERCIAL, BY CHANGING THE ZONING AND CREATING PLANNED DEVELOPMENT “PD” NO. 149 FOR CORRIDOR COMMERCIAL “CC” AND ADOPTING DEVELOPMENT REGULATIONS, A ZONING EXHIBIT, 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, are hereby further amended by changing the zoning regulations relating to the development and use of 12.785+/- acres out of the H. Seaborn and R. Clements Survey, Abstract No. 879, City of Allen, Collin County, Texas, more fully described in Exhibit “A,” attached hereto and incorporated herein by reference (the “Property”), which is presently zoned as Planned Development “PD” No. 40 Corridor Commercial by changing the zoning and creating Planned Development “PD” No. 149 for Corridor Commercial uses subject to 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 the provisions of the Allen Land Development Code, as amended (“ALDC”), applicable to the use and development of property located within a Corridor Commercial “CC” zoning district except to the extent modified 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”). B. PERMITTED USES: In addition to the permitted within the Corridor Commercial “CC” district pursuant to ALDC Section 4.20.2, the Property may be developed and used for Warehouse/Distribution Center purposes. C. PROHIBITED USES: Notwithstanding ALDC Section 4.20.2, the Property shall not be developed and used for either a concrete batch plant (non-temporary) or concrete batch plant (temporary). Ordinance No. 3975-12-22, Page 2 D. MINIMUM OFFICE USE: Not less than 20% of the gross floor area in each of Building “A” and Building “B” as shown on the Concept Plan shall be developed and used as office space. E. HEIGHT, AREA, AND SETBACK REGULATIONS: Buildings constructed on the Property shall comply with the height, area, and setback regulations of the Corridor Commercial (CC) District except as follows: (1) Maximum Height: The height of buildings constructed on the Property shall not exceed: (a) 50 feet, if all portions of the building are located 200 feet or more from property located within any residential zoning district or otherwise developed for any residential purpose; (b) 45 feet, if any portion of the building is located less than 200 feet from property located within a multifamily or townhome residential zoning district or otherwise developed for a multifamily or townhome residential purpose; and (c) 35 feet, if any portion of the building is located less than 200 feet from property located within a single-family detached residential zoning district or otherwise developed for a single-family detached residential purpose. (2) Front Setback: Lots adjacent to Highway 121 shall have a front yard setback of 50 feet. (3) SH 121 Landscape Buffer: A landscape buffer shall be developed adjacent to the State Highway 121 right of way, as shown on the “Concept Plan”, of which not less than 15 feet of the width of such landscape buffer shall be encumbered by utility, drainage, or other easements, but which encumbrance restriction shall not include public trail or sidewalk easements. F. BUILDING ELEVATIONS: Façades for the buildings constructed on the Property shall be designed and constructed subject to the following architectural concepts: (1) All building facades should be designed with an architectural rhythm, which may be expressed by changing materials, or color, or by using design elements such as fenestration, columns or pilasters, or by varying the articulation of portions of the façade; (2) Architectural features shall be applied to corners and at intermediate locations on all primary building facades not less than every 150 linear feet. Architectural elements shall include changes in building materials and other ornamental features. The building corners shall be set forward from the remaining façade not less than six (6) feet and an additional height up to 20% of the height of the main façade must be applied. Non-opaque Glazing shall cover at least 25% of façade area within 75 linear feet of each architectural feature; (3) The images portrayed in the Building Elevations set forth in Exhibit “C”, attached hereto and incorporated herein by reference (“Building Elevations”) are intended to convey a general range of architectural features that would be approved as described in the regulatory text. Approval of final elevations by the Director of Community Development or designee shall be based on application of the text; and (4) No more than sixteen contiguous (16) loading dock doors shall be permitted on Building “A” as portrayed in the Building Elevations set forth in Exhibit “C”. G. SCREENING STANDARDS: All landscape buffers, tree placement, parking tree requirements, and screening shall comply with applicable provisions of the ALDC except as follows: Ordinance No. 3975-12-22, Page 3 (1) Screening is required to be installed along Drive “A” and Drive “B” in the areas shown on the Concept Plan for loading and tractor trailer parking areas for Building “A” and Building “B” and must consist of the following: (a) Service court / loading dock doors cannot face and public street or alley; (b) All screen walls must match the material of the principal building; (c) Loading docks visible from public view must be screened subject to the following: (i) All screening walls/wing walls shall be the length of the proposed trailer at the service court doors; (ii) Height of all screening walls/wing walls must be not less than ten (10) feet from building finish floor but shall not exceed sixteen (16) feet in height; and (iii) The construction materials of the wall shall match material used on the principal building located on the same lo.t (d) One (1) evergreen shrub with a height at the time of planting of not less than 36-inches measured from the top of the root ball shall be planted for every four (4) feet along the east side of the wall facing Drive “A” and the west side of Drive “B”. (e) One (1) shade tree with the trunk diameter at the time of planting of not less than four (4) caliper inches measured at six (6) inches above the root ball must be planted on a distance of not more than 30-feet on center adjacent to Drive “A” and Drive “B”. (f) One (1) ornamental tree with the trunk diameter at the time of planting of not less than four (4) caliper inches measured at six (6) inches above the root ball must be planted on a distance of not more than 30-feet on center adjacent to Drive “A” and Drive “B”. (2) Mechanical and Service Screening shall be required as follows: (a) All buildings shall be designed such that no mechanical equipment (HVAC, etc.) is visible from the public street or alley, open space, or adjacent properties; whether the equipment is located on the ground, exterior wall, or roof; (b) Rooftop mechanical equipment must be screened by a parapet raised at least one foot above the top of the mechanical equipment; and (c) All ground mounted mechanical equipment will be screened with opaque fencing, masonry wall, or landscaping in the form of one large shrub planted every 4 linear feet around the boundary of equipment. H. PARKING STANDARDS: (1) On-site Cross Access: Prior to the approval of a site plan for the Property in accordance with the ALDC, the owner(s) of the Property shall execute and record in the Real Property Records a perpetual cross-access easement for vehicle and pedestrian travel and cross-easements for parking that burdens the entire Property for the benefit of the current and future owner(s), tenants, customers, and guests of any building constructed on the Property (2) S.H. 121 Frontage: Parking is permitted within the front yard setback adjacent to S.H. 121 to the extent shown on the Concept Plan. Ordinance No. 3975-12-22, Page 4 I. CROSS ACCESS: (1) The northern cross access between the Property and the property to the east of the Property shall be constructed as a controlled Fire Access Lane as shown on the Concept Plan. (2) The southern cross-access between the Property and the property to the east of the Property as shown on the Concept Plan may only be constructed if a cross access easement is recorded. If cross access is constructed, a nine (9) foot high headache bar shall be installed on the connecting drive between the properties. J. TREE MITIGATION: Development of the Property shall comply with Section 7.06 of the ALDC, except as follows: (1) Not including replacement trees, negative tree credits assessed for the removal of Hackberry trees and Sugarberry trees will be reduced by 25%; (2) Negative tree credits will not be assessed for a tree that is removed following the City arborist's determination the tree is at the end of its life, diseased, dead or dying per a tree condition survey; (3) Negative tree credits will not be assessed for the removal of Siberian Elm (Ulmus pumila) or hybridized elms of Siberian Elm following the City arborist' s determinati on, or Chinaberry trees (Melia azedarach); and (4) Tree credits will be provided for street trees in accordance with ALDC Section 7.06.3.3. K. FLEXIBLE DESIGN STANDARDS: (1) Exceptions to the development standards relating to building design or construction set forth in this Ordinance may be granted by the Director of Community Development for the purpose of improving performance in energy and water use and consumption, carbon dioxide emissions reduction, and improved indoor environmental quality. The standards used for best practices in sustainable design and the measures used to describe a building’s environmental performance shall follow those principles, practices, and standards set forth by any of the following organizations: (a) U.S. Green Building Council (USGBC) – Leadership in Energy and Environmental Design (LEED); or (b) EPA and U.S. Department of Energy – Energy Star for Homes and Businesses; or (c) The Sustainable Sites Initiatives (SITES); or (d) Congress for the New Urbanism (CNU); or (e) BRE Environmental Assessment Method (BREEAM). (2) A request for an exception to the building design standards of this Ordinance shall be submitted and approved before implementation by the Director of Community Development, Director of Engineering, and Chief Building Official, who shall have the authority, but not the obligation, to approve the alternative design(s) without being processed as a zoning amendment in accordance with the ALDC provided such design alternatives are generally consistent with the intent of this Ordinance and such exception does not: Ordinance No. 3975-12-22, Page 5 (a) result in the approval of a land use not otherwise authorized by this Ordinance or the ALDC; (b) increase the allowable intensity or density of any land use; and (c) effectively result in an amendment to this Ordinance or the ALDC. L. SITE PLAN AND CONCEPT PLAN ADMINISTRATION: (1) Site Plan Review Process. (a) Site Plan Details. Site plan details to be provided on a site plan shall comply with Section 6.05.3 of the ALDC. (b) Site Plan Review Standards. The Director of Community Development is authorized to approve a site plan if such site plan conforms to the standards set forth in this Ordinance and the ALDC. (c) Amendments to Approved Site Plans. The Director of Community Development is authorized to approve changes to approved site plans that comply with the provisions in this Ordinance. (2) Amendments to the Concept Plan. (a) Minor Modifications. Except as otherwise provided in this Ordinance, the Director of Community Development shall have the authority to administratively approve minor changes to the Concept Plan, Site Plan, or Elevations (i.e., “Minor Modifications”). “Minor modifications” include changes that: (i) Do not materially change the circulation on the Property; (ii) Do not move a street more than 100 feet from the location shown on the Concept Plan and the move does not result in a change in the general circulation plan set forth on the Concept Plan; or (iii) Reconfigure size and location of buildings shown on the Concept Plan provided compliance with the screening requirements of loading areas set forth in Section 2.F are maintained. (b) Major Modifications. Changes to the Concept Plan or Site Plan that do not qualify as Minor Modifications shall be processed as an amendment to a zoning ordinance pursuant to the ALDC. (c) Modifications Mandated by Law. Any modification to a street location shown on the Concept Plan that is necessitated by a Federal, State, or Local action may be administratively approved by the Director of Engineering, including, but not limited to, the intersection of Drive “A” and/or Drive “B” with the State Highway 121 service road. 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. Ordinance No. 3975-12-22, Page 7 EXHIBIT “A” DESCRIPTION OF THE PROPERTY AND ZONING EXHIBIT Being 12.785 acres of land situated in the H. Seaborn and R. Clements Survey, Abstract No. 879, Collin County, Texas, and being a portion of a tract of land conveyed to the Wines Irrevocable Trust (50% interest) by deed recorded in Volume 2774, Page 647, and The MGA Family Limited Partnership (50% interest) by deed recorded in Volume 5997, Page 1572, Deed Records of Collin County, Texas, said 12.785 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with cap stamped “TNI” set at the southwest corner of the remainder of Wines and MGA tract, same being the northeast corner of the remainder of tract of land conveyed to the Rantzow Family Trust (50% interest) by deed recorded in Volume 4439, Page 3749 and the Galarneau Family Trust (50% interest) by deed recorded in Volume 5175, Page 3141, of said Deed Records, said point also being on the southeasterly right-of-way line of the Sam Rayburn Tollway, Highway 121 (Variable width right-of- way), from which a found concrete monument with brass cap bears S 70° 06’ 18” W, 189.65 feet. THENCE along said right-of-way line the following courses and distances: N 70° 06’ 18” E, a distance of 174.88 feet to a found concrete monument brass cap; N 58° 13’ 44” E, a distance of 188.07 feet to a found concrete monument brass cap; N 64° 35’ 51” E, a distance of 303.44 feet to the northeast corner of the remainder of Wines and MGA tract, from which a found ½ inch capped iron rod bears N 64° 35’ 51” E, 0.88 feet. THENCE S 00° 31’ 53” E, a distance of 1102.99 feet to the center of the creek; THENCE along the center of said creek the following courses and distances: N 77° 36’ 17” W, a distance of 138.61 feet; S 82° 14’ 05” W, a distance of 66.61 feet; N 81° 41’ 40” W, a distance of 138.45 feet; S 56° 58’ 34” W, a distance of 23.85 feet; S 86° 08’ 21” W, a distance of 163.37 feet; N 85° 36’ 05” W, a distance of 13.04 feet; S 88° 10’ 54” W, a distance of 59.39 feet to the common line of said Wines and MGA tract and said Rantzow and Galarneau tract; THENCE N 01° 04’ 14” W, with said line a distance of 798.51 feet to the POINT OF BEGINNING and containing 12.785 acres of land.