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Home My WebLink AboutO-3094-7-12ORDINANCE NO. 3094-7-12 ' 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 ADOPTING A CONCEPT PLAN, CONCEPT PLAN DETAILS, AND OVERALL LANDSCAPE PLAN FOR DISTRICT H OF PLANNED DEVELOPMENT NO. 108, BEING 30.301± ACRES OUT OF THE JOHN FYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXfIIBIT "A" ATTACHED HERETO; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING 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, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, 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 Zoning Map of the City of Allen, Collin County, Texas, as amended, be further amended by adopting a Concept Plan, Concept Plan Details, and Overall Landscape Plan, attached hereto as Exhibits B, C, and D, respectively, and incorporated herein by reference, relating to the use and development of 30.301± acres out of the John Fyke Survey, Abstract 325, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property"), the Property being located in District H of Planned Development PD No. 108. SECTION 2. The Property shall be developed and used only in accordance with the provisions of the Allen Land Development Code, the Development Regulations governing District H of Planned Development PD No. 108, as amended, and the Concept Plan, Concept Plan Details, and Overall Landscape Plan, adopted and approved pursuant to Section 1, above. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, 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, fum 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 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 24'm DAY OF JULY, 2012. APPROVED: JZ Stephen well, Mayor APPROVED AS TO FORM: ATTEST: ' Peter G. Smith, City 4domey Shelley B. George TRMC, City Skiretary (W.M V12:56M) 1 Ordinance No. 30947-12, Page 2 Ordinance No. 3094-7-12, Page 3 EXIQEIT "A" LEGAL DESCRIPTION DESCRIPTION of a 30.301 ape tract of land situated in the John Fyke Survey, Abstract No. 325. Coin County, Texas; said tract being part of a tract of land described in Special Warranty Deed to Bossy Boots Holdings, Ltd. recorded in Volume 5398, Page 6447 of the Deed Retards of Corn County, Texas: said 30.301 acre tract being more parlicu lary described as follows: BEGINMNG. at a Minch ion rod with'Pacheco Koch' cap set far comer at the intersection of the northeast right-ofway line of Bossy Boots Drive (an 80 -foot wide right- of-way( and the northwest fight -of -way fine of Exchange Porkway (a variable width right- of-way(; said point being the beginning of a non-iongent curve to the left; THENCE, in a northwesterly direction, along the sold northeast line of Bossy Boots Drive, the following three (3) calls Along said curve to the left, having a central angle of 03 degrees, 22 minutes, 27 seconds, a radus of 2040.00 feet, a chord bearing and distance of North 31 degrees, 17 minutes, 20 seconds West, 12D.12 feet, an arc dstance of 120.14 feet to a 1/24nch iron rod found at the end of said awe: North 32 degrees, 58 minutes, 33 seconds West, a distance of 925.81 feet to a 1/2 - inch iron rod wth'Pacheco Koch- cap set at the beginning of a tangent curve to the left: Along said curve to the left, haying a central angle of 30 degrees, 42 minutes. 07 seconds. a radius of 1040.00 feet. a chard bearing and distarux of Nath 48 degrees. 19 minutes. 36 seconds West, 550.64 feet, an arc distance of 55728 feet ' to a 12tinch iron rod with Pacheco Koch- cap set fa corner, said pant being the southeast corner of that certain tract of land described in Warranty Deed to the Alma Montessori Academy LLC recorded in Instrument No. 20070531000734400 of said Deed Records and the beginning of a non -tangent curve to the right THENCE, in a northerly direction, departing the said northeast fine of Bossy Boots Drive and along the east line of the said Montessori tract, the following two (21 coW Along said curve to the right, having a central angle of 45 degrees, 56 minutes. 39 seconds, a radius of 30.00 feet, a chord bearing and distance of North 02 degrees, 07 minutes. 17 seconds East, 23.42 feet, an arc distance of 24.06 feet to a 12inth ion rod with "Pacheco Koch" cap set at the end of said curve: Norton 25 degrees, 05 minutes, 37 seconds East, a distance of 58.89 feet to a 1 /2tinch iron rod with Pacheco Koch' cap set far corner, in the south line of that certain tract of land described in Special Warranty Deed to the Immanuel Lutheran Church of Allen. Texas recorded under County Clerk's Fie No. 95-0097205 of said Deed Records; THENCE, North 88 degrees. 57 minutes. 33 seconds East, deparfing the said east line of the Montessori tract and long the said south lone of the Immanuel Lutheran Church tract, the south right-of-way line of a 16 -foot wide alley dedicated by the plat of Quail Run Phase L an addition to the City of Allen, Texas recorded in Cabinet Q, Slides 1-4 of the Map Records of Coin County, Teras, the south line of Lot 3, Block X of said Quail Run Phase 1, the south terminus of Stockton Drive (a 454001 wide right-of-way) and the south ' line of that certain tract of land described in Special Warranty Deed to The Key Ordinance No. 3094-7-12, Page 3 Ordinance No. 3094-7-12, Page 4 E70EBIT "A^ LEGAL DESCRIPTION (Continued) ' Partnership No. 2, Ltd. recorded under County perks File No. 934105764 of sold Deed Records, at a drctance of 112.36 feet passing a 112 -inch iron found at the southeast comer of sold Immanuel Lutheran Church tract and the southwest comer of said aley, at a distance of 1125.23 feet passing the southeast comer of said slay and the southwest comer of sold Lot 3, at a distance of 1135.41 feet passing the southeast comer of mid Lot 3 and the west comer of the said south terminus of Stockton Drive, at a distance of 118126 feet passing the east comer of said terminus and the southwest comer of said Key Partnership tract, then continuing in all a total distance of 1595.10 feet to a 1 /2 -inch iron rod with'Pacheco Koch" cap set for caner: said point being the northwest comer of that certain tract of land described in Special Warranty Deed to Wal -Mort Stores Texas. LP. recorded in Instrument No. 20061205001710510 of said Deed Records and being South 88 degrees, 57 minutes, 33 seconds West, a distance of 18351 feet from a 5/8 -Inch iron rod with "Dunawaycap foul at the northeast comer of said Wal -Mat tract and the northeast comer of said Bossy Boots Holdings tract THENCE, in a southerty direction. departing the mid south ice of the Key Partnership tract and along the west ine of the said Wal-Mart tract, the following five (5) calls- South 06 degrees, 01 rinimtes. 52 seconds East, a distance of 189.17 feet (Deed: 188.97 feet) to a 1/2 -inch ion rod with "Pacheco Koch' cap set at the beginning of a tangent curve to the right Along mid curve to the right, having a central angle of 28 degrees. 52 minutes, 36 seconds, a radius of 454.0) feet, a chord bearing and distance of South 0) degrees, 24 minutes, 26 seconds West 226.40 feet, an arc distance of 228.81 feet to a 1/2 -inch iron rod with'Pacheco Koch" cap set at the end of mid curve: said pant being the ' beginning of a reverse curve to the left; Along said curve to the heft. having a central angle of 40 degrees, 20 minutes, 00 seconds, a radius of 766.00 feet. a chard bearing and distance of South 02 degrees, 40 minutes, 43 seconds West, 529.54 feet, an arc distance of 540.63 feet to a 1/2 -inch iron rod with'Pacheco Koch" cap set at the end of said curve: South 17 degrees, 29 minutes, 17 seconds East, a distance of 44.48 feel to a 1/2 -inch ch iron rod wiih'Pocheco Koch" cap set for caner, South 25 degrees, 54 minutes, 39 seconds West, a distance of 4357 feet to a 112 -inch iron rod with "Pacheco Koch" cap set for corner in the sold northwest line of Exchange Parkway. said point being the southwest comer of said Wal-Mart tract and in a nor' tangent curve to the left THENCE, in a southwesterty crreclion, along the said northwest line of Exchange Parkway, the following two 12) cols: Along curve to the let, having a central angle of 08 degrees, 05 minutes, 43 seconds, a radius of 1055.00 feet, a chord bearing and distance of South 64 tlegrees, 26 minutes, 46 seconds West, 148.94 feet, an ac distance of 149.06 feet to a 5/8- nch iron rod found of the end of mid curve: South 60 degrees. 23 minutes, 54 secerds West. a distance of 53422 feet to the POINT OF BEGINNING: Ordinance No. 3094-7-12, Page 4 1 1 D EX111B1717"A" LEGAL DESCRIPTION (Continued) CONTANING, 1,319,901 square feet or 30.301 aces of land, more a less. Ordinance No. 3094-7-12, Page 5 I EXHIBIT "B" CONCEPTPLAN ° C i Illi' 11Ii ( q It wig lavmiI l' p',p',til�t�!.� f ss s ;,i ii 54 ys ! t i Po�� ii 3��g°g� sa ig`/i` sss ��i ® iIIat '"" t•tAtp X11" 9ii�i ', it ppp `' tilt ----- I i Will ll ilit0 t�991i1 �1 € i \ Nit c a ! V it III I �• E Imo, iC�'• ' 7, \ / Itils l !' ��9 � � •; _ �\ � r'�' is t 4 I�jp ty': !� E �8ti t9t�tg69Rtigt9t9t�9t9tgtgti6t��i �jtitatiitit9tillt9t Y Ordinance No. 3094-7-12, Page 6 I I I ._ITS CONCEPT PLAN DETAILS __. No. 3094-7-12, Page , ! l e .. .\j I 1 ERADRRT "D" OVERALL LANDSCAPE PLAN Ordinance No. 30947-12, Page 8