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Home My WebLink AboutO-3333-10-15ORDINANCE NO. 3333-10-15 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 DEVELOPMENT REGULATIONS OF TRACT M OF PLANNED DEVELOPMENT NO. 92, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR 3.76± ACRES SITUATED IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, CITY OF ALLEN, COLLIN COUNTY, TEXAS, LOCATED AT THE NORTHEAST CORNER OF STACY ROAD AND WAITERS ROAD; 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 by amending the development regulations of Tract M for Planned Development No. 92, adopting a Concept Plan, and adopting Building Elevations relating to the use and development for 3.76t acres situated in the Francis Dosser Survey, Abstract No. 280, City of Allen, Collin County, Texas ("the Property") located at the northeast comer of Stacy Road and Watters Road, and more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, and provisions of Ordinance 3166-2-12, except to the extent modified by the Development Regulations set forth below: A. CONCEPT PLAN AND BUILDING ELEVATIONS: The Property shall be used and developed in accordance with the development and use regulations of Planned Development No. 92 (PD -92) as amended by this Ordinance. In addition, the Property shall be used and developed in accordance with the Concept Plan and Building Elevations attached hereto as Exhibits "B-1" and "C-1," respectively, and incorporated herein by reference. B. DRIVE-THROUGH: Section 2, Paragraph C of Ordinance No. 3066-2-12 is repealed and not ' applicable to development of the Property. EXHIBIT "A" LEGAL DESCRIPTION A tract or parcel of land situated In the Francis Dosser Survey, Abstract No. 280, In the City of Allen, Collin County, Texas, and being all that certain tract of IoM described In deed to Stacey Watters Partners, Ltd., as recorded In Document No. 200610180015(10470, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a K" Inch Iron rod found for the southeast corner of said Stacey Watters Partners tract, same being in the north right-of-way line of Stacy Road (a variable width right-of-way), same being the southwest comer of Starcreek Phase One, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Cabinet Q Slide 658, Map Records, Collin County, Texas; THENCE Westerly, along the common line of said Stacey Watters Partners tract, and the north right -of. way line of sold Stacy Road, the following three (3) calls: South 88"52'02" West, a distance of 165.29 feet to a K" Inch Iron rod found for an angle point; North 87"18'37" West, a distance of 150.00 Net to a K" Inch eon rod found with "DAA" cap found for an angle point; South 88°52'02" West, a distance of 200.00 Net to a 5/8 Inch Iron rod found for the south end of a corner clip at the intersection of the north dight -of -Way line of said Stacy Road with the east rlghPof-way line of Watters Road (a variable width riight-of-way); ' THENCE North 45'5841" West, along send carver clip, a distance of 35.26 feet to a K" Iron rod found for the north end of said comer dip; THENCE North 00°4924" West, along the common line of said Stacey Watters Partners tract, and the east right-of-way line of sale Watters Road, a distance of 200.00 feet to a 12 Inch iron rod found with "DAA" cap for an angle point; THENCE North 04'38'14" West, continuing along the common line of Mid Stacey Watters Partners tract, and the east right-of-way line of said Watters Road, a distance of 75.15 feet to an T cut found for the northwest comer of said Stacey Watters Partners tract, same being the most westerly southwest corner of aforesaid Starcreek Phase One: THENCE along the common line of said Stacey Watters Partners tract, and said Staucreek Phase One, the following three (3) wits: North BB'S 2'02" East, a durance of 504.79 feet to an lit' cut found for the beginning of a curve to the right having a radius of 40.00 Net, and a delta angle of 90"18'351; Along said curve to the right an arc distance of 63.05 feet, and a chord bearing and distance of South 45°58'40" East, 56.72 feet to a K" iron rod found with "DAA" cap; South 00"4924" East, a distance of 269.79 feet to a POINT OF BEGINNING and containing 163,933 square feet or 3.76 acres of computed land, more or less. Ordinance No. 3333-10-15. Page 3 II II EXHIBCI"B-1" 14" r1� �!�ltf -x 190009if Ordinance No. 3333-10-15. Page 4 II EXHIBIT "Cd" BUILDING ELEVATIONS '� nwsae ry uwsri sII� M Fllll F qi .'hat■ rns r nsn��' utiti ***AAAiii!lIAAA Irn rl nH1 rI �■ MaiMEin w., s■ li mMEN a iP wE w■ w- 00 w� w 3 =I w ' �■ =aI w■ w■ reo " J i s w _ w0 a#1 m■ mama ME" rmam Ir '. me Me i unci"' w■ Y:apl. I nvl ' mo ME w■.. ME Al ° o Imo■ w ME -ME M■ ;MR ME w■ w w■ �i w■ M■ w■ w ■I 1 w■ wl I =i. ■.1 ■tea f w■ w■ =.a r■ wl me � Ordinance No. 3333.10.15 Page 5 II II EXHIBIT "C-1" BUILDING ELEVATIONS cont. Ordinance No. 3333-10-15 Page 6 I L C. STACKING DEPTH: Stacking depth for each of the driveways, as measured from the proposed right-of-way line to the drive aisle, shall be as shown on the Concept Plan attached hereto as Exhibit "B -l." 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 ISm DAY OF OCTOBER 2015. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY (kbr 9n/fa�5 x3530) APPROVED: Stephen Terrell, MAYOR ATTEST: Sheffey B. GeoW, TRMC, TTY S TARY Ordinance No. 3333-10-15, Page 2