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Home My WebLink AboutO-2923-7-10ORDINANCE NO. 2923.7.10 ' 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 CHANGING THE ZONING OF A 6.%2± ACRES OUT OF THE LE" WETSEL SURVEY, ABSTRACT NO. 978, DESCRIBED IN EXHIBIT "A," ATTACHED HERETO FROM "CF" COMMUNITY FACILITIES, TO `RD" PLANNED DEVELOPMENT NO. 104 FOR A CHURCH; ADOPTING DEVELOPMENT REGULATIONS; ADOPTING A CONCEPT PLAN; ADOPTING BUILDING ELEVATIONS; ADOPTING A SIGN PLAN; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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, 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, the City Council has concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be further amended as follows: 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, Texas, as amended by changing the zoning of a 6.962± acres of land out of the Lewis Wetsel Survey, Abstract No. 978, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and incorporated herein by reference (`the Property") from "CF' Community Facilities District, to "PD" Planned Development No. 104. SECTION 2. The Property shall be developed and used only in accordance with the Development Regulations set forth below: A. General Purpose: The purpose of this zoning district is for the use and development of the Property as a church with a worship center and related educational and support facilities subject to the development standards and regulations set forth in this Ordinance. B. Base Zoning District: The Property shall be developed and used only in accordance with "CF' Community Facilities Zoning District regulations except as otherwise provided herein. C. 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. ' D. Building Elevations: The Property shall be developed and used only in accordance with the Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference. E. Front Yard: The minimum front yard setback for the Property shall be twenty-five (25) feet along Greenville Avenue and Rivercrest Drive. ' F. Side Yard: The minimum side yard setback for the Property shall be fifteen (15) feet. G. Rear Yard: The minimum rear yard setback for the Property shall be fifteen (15) feet. H. Buildine Height: The maximum building height on the Property shall not exceed forty-eight (48) feet. Building Materials: Building materials for any building constructed on the Property shall be 100 percent masonry with a maximum allowable use of EFIS of ten percent (10%). J. Cross Tower and Sign: A Cross Tower and Sign shall be permitted as illustrated on the Sign Plan attached hereto as Exhibit "D" and incorporated herein by reference. K. Landscaping. The Property shall be landscaped be in accordance with the Allen Land Development Code, Article VII Zoning Development Standards, Section 7.05.2 Multifamily District and Nonresidential Landscaping Requirements. L. Screening. The Property shall be screened from properties adjacent to the northern and eastern property lines of the Property as shown on the Concept Plan in accordance with Section 7.07 of the Allen Land Development Code; provided, however, as an approved alternative to the screening element requirements set forth in Section 7.07 of the Allen Land Development Code, the Property may be screened with a landscape and berm screening design in compliance with the Screening Plan set forth in Exhibit "E," attached hereto and incorporated herein by reference, subject to the following: (1) The plant species and spacing of landscaping in the screening areas must be submitted to and approved by the Director of Planning prior to site plan approval; (2) All screening elements along the northern property line of the Property must be placed outside of the utility easement as shown on the Concept Plan; and (3) The screening along the northern property line shall not require the construction of a three foot (3.0') berm as indicated on the Concept Plan. 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, he adjudged or held to he 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 Ordinance No. 2923-7-10 Page 2 1 1 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 27ro DAY OF JULY, 2010. APP OVED: Stephen Terrell, Mayor APPROVED AS TO FORM: ATTEST: v eter G. Smith, dty Attorney Shelley B. Georg QC, City Se lary (KBL:10.5.10:45112) Ordinance No. 2923-7-10 Page 3 EXHIBIT "A" ' A 6.962 ACRE PARCEL OF LAND OUT OF THE LEWIS WETSEL SURVEY, ABSTRACT NO. 978, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING A PART OF FOUNTAIN PARK FIRST SECTION, AN ADDITION TO THE CITY OF ALLEN AS RECORDED IN VOLUME 7, PAGE 67 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT), BEING PART OF A CALLED 7.0421 ACRE TRACT OF LAND AS DEEDED TO LAS BRISAS TOWNHOMES LIMITED PARTNERSHIP, LESS TWO PARCELS FOR TXDOT ROW ON HIGHWAY NO.5 (COUNTY CLERK FILES 96-0105238 AND 96-0066551, AS SHOWN HEREON, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The POINT OF BEGINNING is a half inch iron set for the southwest corner of the parcel herein described, being on the north Right of Way line for Rivercrest Boulevard, and being on the new east Right of Way line for Highway No. 5: THENCE N 30° 52'00" E with the west line of said 6.962 acre parcel, being the east line of Highway 5, passing at a distance of 206.36 feet to a concrete TxDOT monument, in all a distance of 321.52 feet to a found concrete TxDOT monument at a point of commencement of a tangent curve to the left; THENCE with the west line of said 6.962 acre parcel, and said Right -of -Way with a curve to the left having a radius of 2945.91 feet through a central angle of 06°20'54", an arc distance of 326.41 feet and having a chord which bears N 27°43'58" E a distance of 326.24 feet to a half inch iron rod set at the northwest corner of said 6.962 acre parcel; THENCE N 89053'00" E with the north line of said 6.962 acre parcel, being the north line of said 7.0421 acre tract, and being the south line of Walden Park Estate, an addition to the City of Allen, as recorded in volume 8, page 54 ' (DRCCr), a distance of 434.04 feet to a point, being at the northeast comer of said 7.0421 acre tract, from which point a found half inch iron rod bears N 85°19'52" W; THENCE S 24°35'00" W with the east line of said 7.0421 acre tract, being the west line of a 16 foot alley a distance of 183.98 feet to a half inch von rod set for the point of commencement of a tangent curve to the left; THENCE with said common line continue along a curve to the right having a radius of 3377.85 feet, through a central angle of 06017'00", an are distance of 370.43 feet and having a chord which bears S 27°43'30" W a distance of 370.25 feet to a half inch iron rod set at the Point of Tangent of said curve; THENCE S 30°52'00" W continue with said common line a distance of 146.81 feet to a point from which a half inch iron rod bears N 71028'36" W a distance of 1.25 feet; THENCE S 00°07'00" E with said common line a distance of 125.61 feet to a half inch iron rod set for the southeast comer of said 7.0421 acre tract of land, said point being on the west line of a 16 foot alley, and being on the north Right of Way line for Rivercrest Boulevard; THENCE being the south line of said 7.0421 acre tract, being the north line of the Right -of -Way for Rivercrest Boulevard along a non -tangent curve to the right having a radius of 691.58 feet, through a central angle of 26°41'01", an an: distance of 322.08 feet, and having a chord which bears N 72°28'30" W a distance of 319.18 feet to a point from which a found half inch iron rod bears S 63°09'29" W a distance of 105 feet; THENCE N 14°08'00" W with said common line a distance of 14.14 feet to a point, from which a found half inch iron rod bears S 66°20'53" W a distance of 1.02 feet; ' THENCE N 59°08'00" W with said common line a distance of 138.80 feet to the POINT OF BEGINNING, and containing 6.962 acres of land. Ordinance No. 2923-7-10 Page 4 EXHIBIT `B" CONCEPTPLAN Ordio� N0. 2973"7"10• Page 5 'MlB lsaia ,MI AV wu ea'.w' i'i3.'ialllnuea�aJva w,n �.._�.. 6. diHSHOM ANVKUS JI I . 1i v � ° ° 12 '� lAWNY1f19 v1Ya � ,i I 1111 i 11 V,1IL� Ordio� N0. 2973"7"10• Page 5 i r r ® R R� I C� 1 EXHIBIT "d' SIGN PLAN sNwv' lHL09 UW a3 3S TIWI NlNS lN3Wf1NOW SIH1.310N 'M"91S3tl�tl3/Jtl N Ol �o m i Ny tee, ~L7 $ I. ,I 1 jZ s a -n A a A.9 Ordiaeace No. 2923-7.10. Page 7 a ro Aw Z 5 VlndM/ W lw9 ® y 9 UMN33 di1SHOM ANYHO =.- ., ,, sNwv' lHL09 UW a3 3S TIWI NlNS lN3Wf1NOW SIH1.310N 'M"91S3tl�tl3/Jtl N Ol �o m i Ny tee, ~L7 $ I. ,I 1 jZ s a -n A a A.9 Ordiaeace No. 2923-7.10. Page 7 EXHIBIT `W' SCREENING PLAN MIS ISOI..18l antl all�nuaai� ina dIHSHOMANVHl38 _ �doa i itlu Ordinance No. 2923-7-1a Page 8