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Home My WebLink AboutO-2881-1-10ORDINANCE NO. 2881-1-10 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 ADOPTING BUILDING ELEVATIONS AND AN AMENDED CONCEPT PLAN REGARDING AN 8.8314 ACRE TRACT OF LAND IN THE JOHN FYKE SURVEY, ABSTRACT 325, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, AND BEING A PORTION OF TRACT 1 OF "PD" PLANNED DEVELOPMENT NO. 86, AS ESTABLISHED BY ORDINANCE NO. 1811-3-00 AND AMENDED BY ORDINANCE NO. 2603-3-07; APPROVING CERTAIN NON -SUBSTANTIVE TECHNICAL AMENDMENTS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR REPEALING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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, 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 amending the Concept Plan related to the development of an 8.8314 acre tract of land in the John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas, said tract being described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and further being a portion of Tract 1 of Planned Development No. 86 as established by Ordinance No. 1811-3-00 and amended by Ordinance No. 2603-3-07. SECTION 2. The Property shall be developed and used only in accordance with the Development Regulations set forth in Section 2 of Ordinance No. 1811-3-00 to the extent applicable to Tract 1 and property developed as "SC" Shopping Center, as identified in said ordinance, subject to the following non -substantive amendments: A. Ordinance No. 1811-3-00, Section 2. Paragraph B., Subparagraph 1, shall be amended to read in its entirety as follows: 1. Tract 1: The property generally located south of Stacy Road, west of Curtis Lane, east of Watters Road and north of Tract 4 is subject to `5C" Shopping Center Zoning Districts regulations except as otherwise provided herein or as set forth in Ordinance No. 2603-3-07: a. In the event Shopping Center uses permitted in the "SC" — Shopping Center ' and/or Commercial uses abut residential uses a solid masonry screening wall of a minimum of eight feet in height shall be erected on the property line separating these districts. b. Exterior building materials shall be not less than 100% masonry construction. C. All mechanical equipment located on the roof of any building shall be screened by parapet walls or other means. d. All electrical utility service facilities shall be located underground. B. Ordinance No. 1811-3-00, Section 2, Paragraph G shall be amended by changing the reference to "TXU Electric" to read "Oncor." SECTION 3. Notwithstanding anything to the contrary in Ordinance No. 1811-3-00, the Property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit `B" and Elevations attached hereto as Exhibit "C"; and which are hereby approved, including of the construction of a left mm lane will be provided for this site off Stacy Road, with median opening dimensions and layout to be constructed as shown on the Concept Plan attached hereto as Exhibit `B". SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in ' conflict herewith shall remain in full force and effect. SECTION 5. Planned Development No. 86, as established by Ordinance No. 1811-3-00, and amended by Ordinance No. 2603-3-07, shall continue in full force and effect, except as further amended by this Ordinance. SECTION 6. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 7. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTIONS. 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 9. 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. 2881-1-10, Page 2 I DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12TH DAY OF JANUARY, 2010. APPROVED AS TO FORM h Peter G Smith, CITY ATT EY a Step en errell, OR ATTEST: Shelley B. George, TY SECRE ARY Ordinance No. 2881-1-10, Page 3 EXHIBIT "A" ' LEGAL DESCRIPTION A tract or parcel of land situated in the John Fike Survey, Abstract 325, in the City of Allen, Collin County, Teras, being part of the called 83.463 acres tract described in the deed to Waterford Trails LP recorded in Document No. 2000-0029586 in Volume 4634 Page 0390 in the Collin County Deed Records (CCDR), and being more particularly described as follows: BEGINNING at a found scribed "X" in concrete pavement at the intersection of the south right-of-way line of Stacy Road (140' wide right-of-way) and the east right -of --way line of Watters Road (variable width right-of- way, 140' at this point) as described in Waterford Trails Phase 1, an addition to the City of Allen recorded in Cabinet N Page 477 in the Collin County Plat Records; THENCE North 89049'19" East, 1193.79 feet along the south line of Stacy Road to a found scribed "X" in concrete pavement; THENCE South 00034'03" West, 247.89 feet along the west right-of-way line of Curtis Lane (80' wide right- of-way) to a corner at a rock column; THENCE Westerly along the north side of the 16' wide alley as described in said Waterford Trails Phase I the following: THENCE South 89049'45" West, 312.03 feet to a found 12 inch iron rod with Huitt Zollars cap; ' THENCE South 00°34'03" West, 70.35 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 90°00'00" West, 172.54 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 00000'00" East, 38.42 feet to a set 1/2 inch iron rod with C&P cap; THENCE South 87°02'03" West, 217.58 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 8503025" West, 326.16 feet to a set 1/2 inch iron rod with C&P cap; THENCE North 00000'00" East, 10.45 feet to a set 12 inch iron rod with C&P cap; THENCE North 90000'00" West, 209.65 feet to a set 1/2 inch iron rod with C&P cap; THENCE Northerly along said east line of Watters Road the following: THENCE Northerly an am distance of 57.41 feet along a non -tangent curve to the left with a radius of 700.00 feet, a central angle of 4041'58", and the chord bears North 15045104" East 57.40 feet o a set 12 inch iron rod with C&P cap; THENCE Northerly an arc distance of 266.66 feet along a compound curve to the left with a radius of 1120.00 feet, a central angle of 13038'30", and the chord bears North 06034'50" East 266.04 feet o a found scribed "X" in concrete pavement; THENCE North 0001425" West, 9.59 feet to the POINT OF BEGINNING and CONTAINING 384,696 square feet or 8.8314 acres of land, more or less. Ordinance No. 2881-1-10, Page 4 I 1 EXHIBIT `B" CONCEPTPLAN Ordinance No. 2881-1-10, Page 5 II II Ordinance No. 2881-1-10, Page 6 I EXHIBIT "C" ELEVATIONS Ordinance No. 2881-1-10, Page 7 I 1 Ordinance No. 2881-1-10, Page 8