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HomeMy WebLinkAboutO-3049-11-11' ORDINANCE NO. 3049-11-11 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 DEVELOPMENT REGULATIONS FOR 31.4± ACRES OUT OF THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 459, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND IDENTIFIED AS TRACTS H AND IH OF PLANNED DEVELOPMENT PD NO. 63 PRESENTLY ZONED FOR MULTI -FAMILY "ME" AND LOCAL RETAIL "LR" USES, RESPECTIVELY; PROVIDING FOR A CONCEPT PLAN; PROVIDING FOR BUILDING ELEVATIONS; PROVIDING FOR A PARKING BUFFER CONCEPT PLAN; PROVIDING FOR RETAIL VEGETATIVE SCREENING PLAN; PROVIDING FOR A SIGN PLAN; PROVIDING FORA RIDGEVIEW DRIVE ACCESS AND DRIVEWAY EXHIBIT; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY 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, be amended by amending the development regulations for 31.4± acres out of the Shadrick Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property"), the Property being identifiedas Tracts II and III of Planned Development PD 63 a presently zoned for Multi -family "MP" and Local Retail "LR" uses, respectively. SECTION 2. The Property shall be developed and used only in accordance with the Development Regulations set forth below: A. Base Zoning Regulations: Except as otherwise modified and provided by this Ordinance: (1) The portion of the Property identified on Exhibit "A" hereto as Tract It shall be developed and used only in accordance with Multi -family "MF -18" Zoning District regulations; and ' (2) The portion of the Property identified on Exhibit "A" hereto as Tract III shall be developed and used only in accordance with Local Retail "LR" District regulations. B. Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit `B," and incorporated herein by reference. C. Building Height: The building height on Tract II as identifed on Exhibit "A" hereto shall not exceed three stories and, in no case, forty-eight (48) feet. D. Building Setbacks: (1) The front property building setback line located along Custer Road and Ridgeview Drive shall be twenty (20) feet. (2) The rear building setback line located on the eastern property boundary shall be the fully developed 100 year floodplain or 20 feet from the FEMA 100 year floodplain line; whichever represents the further setback. E. Building Elevations: The buildings and structures constructed on Tract II as identified on Exhibit "A" hereto shall be designed and constructed only in accordance with the Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference. F. Parking: The parking ratio on Tract 11 as identified on Exhibit "A" hereto shall be 1.77 ' spaces per unit. Surface parking, detached garages and attached garages shall all count to meet this parking ratio. G. Perimeter Screening: A six (6) foot wrought iron fence shall be placed along the perimeter of the Property as shown on the Concept Plan. Landscape screening shown in accordance with the Parking Buffer Concept Exhibit attached hereto as Exhibit "D" and incorporated herein by reference and Retail Vegetative Screening Plan attached hereto as Exhibit "E" and incorporated herein by reference shall be provided along Custer Road, Ridgeview Drive and the boundary between Tracts II and III as identified on the Concept Plan. Installation of landscaping required by this Section 2.G. shall be completed prior to issuance of a certificate of occupancy for any building located on Tract II as identified on Exhibit "A", hereto. H. Sign Plan: The Property shall be developed and used only in accordance with the Sign Plan attached hereto as Exhibit "F" and incorporated herein by reference. The height of the monument signs shall not exceed nine (9) feet. I. Driveway Access: The Property shall be developed and used only in accordance with the Ridgeview Drive Access and Driveway Exhibit attached hereto as Exhibit "G" and incorporated herein by reference. 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; provided, however, the provisions of Exhibit "B" of Ordinance No. 1536-10-97 under the heading "General Regulations" are hereby expressly repealed. Ordinance No. 3049-11-11 Page 2 ' 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 & 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 22ND DAY OF NOVEMBER, 2011. APPR ED: ' Step er Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. Georg C, CITY SE TARY (kb111/10/11 52339) Ordinance No. 3049-11-11 Page 3 ' EXHIBIT ""A" LEGAL DESCRIPTION TRACT II: BEING a tract of land situated in the Shadrick Jackson Survey, Abstract Number 489, City of Allen, Collin County, Texas, and being part of a 180.66 acre tract of land described as "Tract 1" in a deed to Gulf Coast Package, Ltd. recorded in Collin County Clerk File Number 94-0060164, Land Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with plastic cap stamped KHA set at the northwest corner clip at the intersection of the east right-of-way line of Custer Road (variable width ROW) and the north right-of-way line of Ridgeview Drive (variable width ROW), from which a 1/2" iron rod found bears North 500 29' West, 1.6 feet; THENCE with said east right-of-way line, North 00°22'09" West, a distance of 425.15 feet to a 5/8" iron rad with plastic cap stamped KHA set for the POINT OF BEGINNING; THENCE with said east right -of --way line, the following courses and distances to wit: North 00°22'09" West, a distance of 310.07 feet to a 5/8" von rod with plastic cap stamped KHA at the beginning of a non -tangent curve to the right having a radius of 1090.92 feet, a central angle of 19044'10", a chord bearing and distance of North 09029'36" East, 373.92 feet; Northeasterly, with said curve, an arc distance of 375.78 feet to a 5/8" iron rod with plastic cap stamped KHA for corner, ' North 19021'42" East, a distance of 766.61 feet to a 5/8" iron rod with plastic cap stamped KHA for corner; North 18003'19" East, a distance of 77.14 feet to a 5/8" iron rod with plastic cap stamped KHA for comer; South 73015'03" East, a distance of 10.00 feet to a 5/8" iron rod with plastic cap stamped KHA at the beginning of a non -tangent curve to the left having a radius of 1702.02 feet, a central angle of 7034'21 ", a chord bearing and distance of North 1215746" East, 224.78 feet; Northeasterly, with said curve, an arc distance of 224.95 feet to a 5/8" iron rod with plastic cap stamped KHA for corner in a creek; THENCE leaving said east right-of-way line and along said creek, the following courses and distances to wit: South 40048'27" East, a distance of 83.44 feet to a point for comer; South 43058'15" East, a distance of 141.78 feet to a point for comer; South 50°54'21" East, a distance of 138.83 feet to a point for corner, ' South 46025'56" East, a distance of 51.51 feet to a point for corner; South 42042'26" East, a distance of 138.69 feet to a point for comer; Ordinance No. 3049-11-11 Page 4 ' South 29°09'53" East, a distance of 119.82 feet to a point for comer; South 08027'35" East, a distance of 123.62 feet to a point for corner, South 06033'08" West, a distance of 37.38 feet to a point for corner; South 06°3423" East, a distance of 171.39 feet to a point for comer, South 00023'16" East, a distance of 173.61 feet to a point for comer; South 01040'06" West, a distance of 41.83 feet to a point for comer; South 050 16'07" West, a distance of 266.21 feet to a point for corner; South 43°3923" West, a distance of 56.59 feet to a point for comer; South 75039'37" West, a distance of 101.68 feet to a point for comer; South 53024'25" West, a distance of 53.91 feet to a point for comer; South 06023'57" West, a distance of 18.51 feet to a point for corner; South 17°0633" East, a distance of 58.44 feet to a point for comer; ' South 2900424" East, a distance of 79.27 feet to a point for comer; South 57030'13" East, a distance of 45.11 feet to a point for comer; South 46056'53" East, a distance of 124.69 feet to a point for comer; South 39°44'20" East, a distance of 106.48 feet to a point for comer in the north right-of-way line of said Ridgeview Drive; THENCE with said north right-of-way line, the following courses and distances to wit: South 57°24'31" West, a distance of 14.98 feet to a 1/2" iron rod found for corner; South 49°51'00" West, a distance of 186.96 feet to a 1/2" iron rod found at the beginning of a non - tangent curve to the right having a radius of 1000.00 feet, a central angle of 17026'03", a chord bearing and distance of South 58038'59" West, 303.11 feet; Southwesterly, with said curve, an arc distance of 304.28 feet to a 1/2" iron rod found for comer; South 67017'03" West, a distance of 102.21 feet to a 1/2" iron rod found at the beginning of a tangent curve to the right with a radius of 980.00 feet, a central angle of 1004717", and a chord bearing and distance of South 72040142" West, 184.25 feet; ' Southwesterly, with said curve, an arc distance of 184.52 feet to a 5/8" iron rod with plastic cap stamped KRA for corner; THENCE leaving said north right-of-way line, the following courses and distances to wit: Ordinance No. 3049-11-11 Page 5 North 00022'09" West, a distance of 428.57 feet to a 5/8" iron rod with plastic cap stamped KHA for comer, South 8903751" West, a distance of 240.00 feet to the POINT OF BEGINNING and containing 28.901 acres or 1,258,909 square feet of land. Bearing system of this survey is based on a line oriented between City of Allen geodetic monuments 5 and 6 found in the field, whose positions are published on the Texas State Plane Coordinate System, North American Datum of 1983, North Central Zone 4202. The horizontal coordinates of this survey are local surface coordinates derived from Allen Monument 6. TRACT III: BEING a tract of land situated in the Shadrick Jackson Survey, Abstract Number 489, City of Allen, Collin County, Texas, and being part of a 180.66 acre tract of land described as "Tract 1" in a deed to Gulf Coast Package, Ltd. recorded in Collin County Clerk File Number 94-0060164, Land Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod with plastic cap stamped KHA set at the northwest comer clip at the intersection of the east right-of-way line of Custer Road (variable width ROW) and the north right-of-way line of Ridgeview Drive and (variable width ROW), from which a 1/2" iron rod found bears North 500 29' West, 1.6 feet; THENCE with said east right-of-way line, North 00122'09" West, a distance of 425.15 feet to a 5/8" iron rod with plastic cap stamped KHA set for corner, THENCE leaving said east right-of-way line, the following courses and distances to wit: North 89°37'51" East, a distance of 240.00 feet to a 5/8" iron rod with plastic cap stamped KHA set for corner, South 00122'09" East, a distance of 428.57 feet to a 5/8" iron rod with plastic cap stamped KHA set in the in the north right-of-way line of said Ridgeview Drive for at the beginning of a non - tangent curve to the right having a radius of 980.00 feet, a central angle of 10056'53", a chord bearing and distance of South 8303247" West, 186.97 feet; THENCE with said north right-of-way line, the following courses and distances to wit: Southwesterly, with said curve, an arc distance of 187.26 feet to a 1/2" iron rod found for comer; South 89°01'13" West, a distance of 30.21 feet to a 1/2" iron rod found for comer; North 45044'56" West, a distance of 33.54 feet to the POINT OF BEGINNING and containing 2.435 acres of land. ' Bearing system of this survey is based on a line oriented between City of Allen geodetic monuments 5 and 6 found in the field, whose positions are published on the Texas State Plane Coordinate System, Ordinance No. 3049-11-11 Page 6 ' North American Datum of 1983, North Central Zone 4202. The horizontal coordinates of this survey are local surface coordinates derived from Allen Monument 6. Ordinance No. 3049-11-11 Page 7 I EXHIBIT `B" CONCEPTPLAN Ordinance No. 3049-11-11 Page 8 EXHIBIT "C" BUILDING ELEVATIONS Type C GARAG£PLEVATION SID" ELEVATION STREET ELEV BUILDING TYPE I ELEVATIONS CONCEPT ELEVATIONS Ordinance No. 3049-11-11 Page 9 ' EXHIBIT "C" BUILDING ELEVATIONS cont. Type II: 1 a>E aemmx �� s�aawawneawixox"""' BUILDING TYPE II ELEVATIONS CONCEPT ELEVATIONS Ordinance No. 3049-11-11 Page 10 I I q __T"D" PGB _ CONCEPTPLAN | � 1 __,»» a Page 11 a EXHIBIT "E" RETAIL VEGETATION SCREENING PLAN Ordinance No. 3049-11-11 Page 12 I 1 EXHIBIT "F" SIGNAGE PLAN Main Entry Secondary Entry Ordinance No. 3049-11-11 Page 13 ��M�. cw.usnrornu v wn"c m'�`"'aMFwciwp'i mawMm�zEa° wewaEa.u.cuM.am.oMr. _ .... F.�rarzioocE.wiz 51:%L�Q I' Mv.ro Yea uru siq voYNrni t� •••.•... .............. imY ulosurc avc"i0 R MiF9MNFO .o..mw.EM iE HH4 �iF� MNwKEG/��uf " � � scwwFsmrors o:wa..vwm a."�sw za �Frvs oniwwar. _. _. cwzawrnw ooaw.r.'"'.r'mui Secondary Entry Ordinance No. 3049-11-11 Page 13 ��M�. cw.usnrornu v wn"c m'�`"'aMFwciwp'i mawMm�zEa° wewaEa.u.cuM.am.oMr.