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HomeMy WebLinkAboutO-3318-7-15ORDINANCE NO. 3318-7-15 ' 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 CHANGING THE BASE ZONING OF A 6.5t ACRE TRACT OF LAND SITUATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, DESCRIBED IN EXHIBIT "A" HERETO AND LOCATED IN PLANNED DEVELOPMENT NO. 3 FROM SHOPPING CENTER (SC) TO LIGHT INDUSTRIAL. (LI); ADOPTING A CONCEPT PLAN, LANDSCAPE PLAN, DEVELOPMENT REGULATIONS, 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, be further amended by changing the base zoning of a 6.5t acre tract of land situated in the William Perrin Survey, Abstract No. 708 described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") and located in Planned Development No. 3 from Shopping Center (SC) to Light Industrial (LI). SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, except to the extent modified by the Development Regulations set forth below: A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the Light Industrial LI standards of the ALDC, except as otherwise provided herein. B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "A" and incorporated herein by reference. Minor modifications that do not alter the general alignment shown on the Concept Plan may be made at the time of platting. C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "B" and incorporated herein by reference. ' D. LANDSCAPE PLAN: The Property shall be developed in general conformance with the Landscape Plan attached hereto as Exhibit "C" and incorporated herein by reference. E. BUILDING SETBACKS: The minimum building setbacks for structures constructed on the Ordinance No. 3318-7-15, Page 2 Property shall be as follows: ' (1) Front Yard: 25 feet (2) Side Yard: 10 feet (3) Rear Yard: 45 feet F. PERMITTED USES: In addition to the uses permitted in the LI District, the following shall be permitted uses on the Property: (1) Auto Parts Sales (2) Bicycle Shop/Repair (Indoor Activity and Indoor Storage Only) (3) Building Material Sales (Indoor Activity and Indoor Storage Only) (4) Key Shop/Locksmith (5) Lawn Equipment Sales and Repair (Indoor Activity and Indoor Storage Only) (6) Trade School G. OUTDOOR STORAGE AND DISPLAY: (1) Notwithstanding any provision of the ALDC or Code of Ordinances to the contrary, ' including, but not limited to, ALDC Section 6.06.9, the display or storage of, materials, supplies, equipment, waste material, or other personal property, and the performance of services in association with a permitted use occurring on the Property shall be permitted only on the interior of a fully enclosed building. (2) Service vehicles may be parked on the Property overnight but shall not be visible from public rights-of-way. H. OFFICE, WAREHOUSE, AND OFFICE-SHOWROOM/WAREHOUSE: The following regulations shall apply to the development and use of any portion of the Property for Office, Warehouse, and Office-Showroom/Warehouse purposes: (1) A building developed on the Property the primary use of which is for Office purposes may be developed with a Showroom area as an accessory use; provided, however, the area of the building used for Showroom purposes shall not exceed the 20% of the area of the building not being used for Office purposes. (2) A building developed on the Property the primary use of which is for Warehouse purposes (other than a use classified as an Office-Showroom/Warehouse), shall not contain an area used for Showroom purposes. (3) Notwithstanding the definition of Office-Showroom/Warehouse set forth in ALDC, Appendix ' "A," the Warehouse area of an Office-Showroom/Warehouse use developed on the Property must be greater than 50% of the total floor area of the building with the remaining portions of the building being used for Office and/or Showroom purposes. Ordinance No. 3318-7-15, Page 2 (4) Each (i) individual tenant space leased within a multi -tenant building or (ii) condominium unit sold or leased within a multi -unit building which is developed on the Property shall be deemed to be a "building" for purpose of applying this Paragraph H to such spaces used for Office, Warehouse, or Office-Showroom/Warehouse purposes. (5) For purposes of this Paragraph H, "Showroom" shall mean an area within a building accessible to the public with or without an appointment which is used solely for the display of goods to be sold or distributed and/or the demonstration of services which are being offered. Nothing in this definition shall be construed as authorizing the performance of services within the Showroom area. (6) A building or tenant space used for Office, Office/Showroom/Warehouse, or Warehouse purposes may be permitted to vary from the minimum and/or maximum percentages relating to floor areas specified in this Section H upon approval of a Specific Use Permit in accordance with Allen Land Development Code §6.01, as amended from time to time. I. TRUCK DOCK LOADING AREA: (1) There shall be no storage of goods, materials, supplies, trash or refuse, or other personal property, or the parking of vehicles of any kind in the southern truck dock loading area as shown on the Concept Plan except during the active loading and unloading of items from vehicles. (2) The truck loading area shall be located as shown on the Concept Plan. The screening (enhanced landscaping) shall be of sufficient height to adequately screen from view a vehicle and/or trailer from Greenville Avenue as identified on the Landscape Plan. The actual height of the screening for the truck loading area shall be determined at the time of approval of the detailed site plan. 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 terns 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. Ordinance No. 3318-7-15, Page 3 1 C 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 28rn DAY OF JULY 2015. APPROVED: StephclLtYOR APPROVED AS TO FORM: ATTEST: eter G. Smith, CITY ATTORNEY Shelley B. Georg C, CWY SECRETARY (kb17119115 7949) Ordinance No. 3318-7-15, Page 4 EXEIIBrr "A" Being a tract of land situated in the William Perrin Survey, Abstract No 708, in the City of Allen, Collin County, Texas, and a portion of Tract M of Allen Business Center, an Addition to the City of Allen, Colin County, Texas, according to the plat thereof recorded in Volume F, Page 724, Map Records, Collin County, Texas, being that same tract of land conveyed to Allen Commercial Partnership by Deed recorded in County Clerk's File No. 96-0051225, Deed Records, Collin County, Texas, Save and Except that tract of land conveyed to the State of Texas by Deed recorded in Volume 4534, Page 1836, Deed Records, Collin County, Texas, Save and Except that tract of land conveyed to the State of Texas by Deed recorded in Volume 4534, page 1820, Deed Records, Collin County, Texas, Save and Except that tract of land conveyed to Adalusia Properties, Inc. by Deed recorded in County Clerk's File No. 20090608000702520, Official Public Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for comer in the North 59 degrees 25 minutes 00 seconds West, a distance of 15.65 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for corner; South 30 degrees 35 minutes 00 seconds West, a distance of 30.57 feet to a 1/2 Inch iron rod with a yellow cap stamped "TXHS" set for corner; South 59 degrees 25 minutes 00 seconds East, a distance of 15.00 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for comer; South 30 degrees 35 minutes 00 seconds West, a distance of 408.98 feel to a monument found for corner, said point being the Northeast corner of Lot 1, Block A of F.N.B. Addition, an Addition to the City of Allen, Collin County, Texas, according to the map recorded in Cabinet F, Page 396, Map Records, Collin County, Texas; Thence North 59 degrees 25 minutes 00 seconds West along the Northeast line of said Lot 1, Block A, a distance of 290.16 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for corner, said point being the Northwest corner of said Lot 1, Block A; Ordinance No. 3318-7-15, Page 5 Northwest line of Stale Highway No. 5 (Greenville Avenue) (a variable with right-of- way), said point being the Southeast corner of a tract of land conveyed to Littleton Rosewood, L.P. by Deed recorded in Volume 5329, Page 5737, Deed Records, Collin County, Texas; Thence traversing along the Northwest line of said State Highway No. 5 as follows: South 30 degrees 35 minutes 00 seconds West, a distance of 174.43 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for comer; North 59 degrees 25 minutes 00 seconds West, a distance of 15.65 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for corner; South 30 degrees 35 minutes 00 seconds West, a distance of 30.57 feet to a 1/2 Inch iron rod with a yellow cap stamped "TXHS" set for corner; South 59 degrees 25 minutes 00 seconds East, a distance of 15.00 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for comer; South 30 degrees 35 minutes 00 seconds West, a distance of 408.98 feel to a monument found for corner, said point being the Northeast corner of Lot 1, Block A of F.N.B. Addition, an Addition to the City of Allen, Collin County, Texas, according to the map recorded in Cabinet F, Page 396, Map Records, Collin County, Texas; Thence North 59 degrees 25 minutes 00 seconds West along the Northeast line of said Lot 1, Block A, a distance of 290.16 feet to a 1/2 inch iron rod with a yellow cap stamped "TXHS" set for corner, said point being the Northwest corner of said Lot 1, Block A; Ordinance No. 3318-7-15, Page 5 EXHIBIT "A" LEGAL DESCRIPTION cont. Thence South 30 degrees 35 minutes 00 seconds West along the Northwest line of said Lot 1, Block A. a distance of 79.58 feet to a 5/8 inch iron found for corner, said point being the Northeast corner of Lot 1, Block 1 of Racetrac No. 863 - Bethany Center II, an Addition to the City of Allen, Collin County, Texas, according to the map recorded in Volume 2009, Page 428, Map Records, Collin County, Texas; Thence North 59 degrees 25 minutes 00 seconds West along the Northeast line of said Lot 1, Block 1, a distance of 154.19 feet to an "X" set for corner, said point being the Southeast corner of a tract of land conveyed to Brow, LLC (tract 1) by Deed recorded in Instrument No, 20140918001014770, Oficial Public Records, Collin County, Texas; Thence North 30 degrees 35 minutes 00 seconds East along the Southeast line of said Brow, LLC tract and passing through at a distance of 493.56 feet the common Northeast corner of said Brow, LLC tract and the Southeast corner of Tract KA of Allen Business Center II, an Addition to the City of Allen, Collin County, Texas, according to the map recorded in Cabinet F, Page 724, Map Records, Collin County, Texas, and continuing along the Southeast line of said Tract KA, a total distance of 693.56 feet to a 1/2 inch iron rod found for comer, said point being the common Northeast corner of said Tract KA and the Southwest corner of aforementioned Littleton Rosewood tract; ' Thence South 59 degrees 25 minutes 00 seconds East along the Southwest line of said Litteton Rosewood tract, a distance of 445.00 feet to the Point of Beginning and containing 284,746 square feet or 6.5369 acres of land. 1 Ordinance No. 3318-7-15, Page 6 EXHIBIT "B" CONCEPTPLAN i Ordinance No. 3318-7-15, Page 7 3111AN33a9 uo a31N33 HO313H1 jell EER ! ! ! i Ordinance No. 3318-7-15, Page 7 I I / E__ LANDSCAPEPLAN p n . _. ..]IEi, / H�j k I I EXHHSIT "D" BUILDING ELEVATIONS Xl valltl 3111AN33N9 u0 1131N3� H3313H1 � I�Iii ;l�j't IIII, d a 3 r :i J I I I _rte MELDING ELEVATIONS _O ._��:� Jill �H/! ! , �k , \ !\ ' | | a /� ! vj � k �H/!