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Home My WebLink AboutO-2463-11-05ORDINANCE NO. 2463-11-05 ' 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 "PD" PLANNED DEVELOPMENT NO. 92, ORDINANCE NO. 2272- 3-04, BY GRANTING A CHANGE OF ZONING FOR TRACT B FROM "AO" AGRICULTURE OPEN SPACE TO "CC" CORRIDOR COMMERCIAL ZONING DISTRICT BEING 88.870± ACRES IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING FURTHER DESCRIBED IN EXHIBIT "A"; BY ADOPTING AMENDED DEVELOPMENT REGULATIONS ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHdTY 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 atter 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 Planned Development No. 92, Ordinance No. 2272-3-04, as heretofore amended, to grant a change of zoning from "AO" Agriculture Open Space to "CC" Condor Commercial Zoning District for Tract B consisting of 88.870-1 acres and being further described in Exhibit "A" attached hereto, being made a part hereof fm all purposes. SECTION 2. The property shall be developed and used in accordance with Planned Development 92, Ordinance No. 2272-3-04, as heretofore amended, except as amended herein, and the amended development regulations attached as Exhibit "B" hereto, and the Concept Plan attached hereto as Exhibit "C," and which are hereby approved. SECTION 3. 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 foroe and effect. Planned Development 92, Ordinance No. 2272-3-04, as heretofore ' amended, shall continue in full force and effect except as amended herein. 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 S. 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. 1 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 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 COUNCB. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22f DAY OF NOVEMBER, 2005. APPROVED: Stephen errell, MAYOR ' APPROVED AS TO FORM: ATTEST: Piffivir G. Smith, CI TTORNEY Shelley B. Geo , TRMC, CITY CRETARY Ordinance No. 2463-11-05, Page 2 EXHIBIT "A" LEGAL DESCRIPTION TRACT B (CC CORRIDOR COMMERCIAL ZONING) BEING a tract of land located in the GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321 and the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being part of a tract of land described in Deed to Continental Mortgage & Equity Trust, recorded in Document Number 96- 0087567, Deed Records, Collin County, Texas and being part of a tract of land described in Deed to Continental Mortgage & Equity Trust, recorded in Document Number 97-0013076, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a `P.K." nail found for comer in the centerline of Collin County Road No. 196 (Chelsea Road), a variable width public right-of-way, being in the West line of a tract of land described in Deed to Marvin E. Lebow, Trustee for Simon Lebow Trust "P", recorded in Volume 1160, Page 765, Deed Records, Collin County, Texas, said point being the South right-of-way line of State Highway No. 121, a variable width public right-of-way; THENCE South 00 degrees 40 minutes 52 seconds East, a distance of 1,964.56 feet to a 1 3/4 inch iron pipe found for comer at the Southwest corner of Texas Ten Enterprises, LTD. P/S, recorded in Document Number 92-0007193, Deed Records, Collin County, Texas; THENCE South 89 degrees 38 minutes 36 seconds West, a distance of 2,501.96 feet to a 3/8 inch iron rod found for the Northwest corner of a called 103.337 acre tract of land described in Deed to Cottonwood Management, LTD., recorded in Volume 4271, Page 1606, (Document Number 98-001031), Deed Records Collin County, Texas; ' THENCE South 00 degrees 47 minutes 40 seconds East, along the West line of said 103.337 acre tract, a distance of 333.08 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for the most Northerly Southwest comer of a tract of land described in Deed to Blue Star Land, L.P., recorded in Document Number 2003-0245887, Deed Records, Collin County, Texas; THENCE along the Easterly line of said Blue Star Land, L.P. tract the following (9) nine courses and distances: North 59 degrees 55 minutes 16 seconds West, a distance of 24.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; North 73 degrees 47 minutes 36 seconds West, a distance of 155.68 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; North 45 degrees 09 minutes 10 seconds West, a distance of 301.39 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; North 04 degrees 12 minutes 26 seconds East, a distance of 294.92 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; South 86 degrees 44 minutes 51 seconds East, a distance of 225.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; ' North 12 degrees 45 minutes 33 seeonds West, a distance of 215.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; Ordinance No. 2463-11-05, Page 3 North 36 degrees 26 minutes 37 seconds East, a distance of 85.42 feet to a 1/2 inch iron rod with a yellow Plastic cap stamped "DAA" found for comer, ' North 09 degrees 29 minutes 01 seconds West, a distance of 77.94 feet to 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; North 59 degrees 48 minutes 58 seconds West, a distance of 249.29 feet to a 1/2 inch iron rod with a Yellow plastic cap stamped "DAA" found for comer in the South right-of-way line of said State Highway No. 121; THENCE along the South right-of-way line of said State Highway No. 121, the following (6) six courses: North 61 degrees 18 minutes 13 seconds East distance of 55.26 feet to a 3 inch aluminum disk stamped "Texas Department of Transportation RO. W. Marker No. 905P" found for comer; North 64 degrees 36 minutes 21 seconds East, a distance of 1705.64 feet to a 3 inch aluminum disk stamped "Texas Department of Transportation R.O.W. Marker No. 904" found for comer, North 68 degrees 55 minutes 58 seconds East, a distance of 578.75 feet to a 1/2 inch iron rod found for comer, North 60 degrees 54 minutes 36 seconds East, a distance of 289.27 feet to a point for comer; South 64 degrees 36 minutes 21 seconds East, a distance of 439.74 feet to a "P.K." nail found for comer; South 63 degrees 09 minutes 15 seconds East, a distance of 29.62 feet to a point for comer; North 89 degrees 30 minutes 22 seconds Easy a distance of 31.26 feet to the POINT OF BEGINNING and containing 88.870 acres of land, more or less. Ordinance No. 2463-11-05, Page 4 H EXHIBIT "B" DEVELOPMENT REGULATIONS TRACT B Tract B shall be divided into Tract B.1 and Tract B.2. Tract B.1 shall be approximately 35 acres in sin, not including the floodplain, and shall predominately be the western portion of the overall tract. Tract B.2 shall be approximately 43 acres in sin and shall predominately be the eastern portion of the overall tract. Both tracts shall be used and developed in accordance with the zoning regulations for Corridor Commercial (CC) zoning district in the Allen Land Development Code except as otherwise provided for below: Tract B.1 (approximately 35 acres, net of floodplain): General: 1) A minimum 60 percent of Tract B.1 or 21 acres shall be developed as a medical/office, office uses 2) A maximum 40 percent of Tract B.1 or 14 acres shall be developed as other permitted land uses. 3) Improvements within the floodplain may include any of the followmg: water features and accessories, trails, landscaping and irrigation. Permitted Land Uses: • Baker a Confectionery • Banks and Financial Institutions • Book, Card or Novelty Shops (similar uses such as record stores and toy stores are also allowed under this category) • Bicycle Shop/Repair Service • Catering • Clinic • College or University • Day Care/Senior Care Facilities • Dentist as an ancillary use within office • Drug Store or Pharmacy • Fitness and Health Center as an ancillary use within office or hotel • Florist • Food Service as an ancillary use within office • Garage or Public Parking for on-site patrons or special events • Helistop (temporary) • Hospital • Laundry/Dry Cleaning, Pick-up Only as an ancillary use within office • Museum, Library, Art Gallery and other civic uses (examples include post office or other municipal/government offices) • Office • Optometrist/Opucian as an ancillary use within office Ordinance No. 2463-11-05, Page 5 • Catering • Clinic • Convenience Stores • Day Care/Senior Care Facilities • Dentist • Drug Store or Pharmacy • Department, Discount or Category Stores/ • Fitness and Health Center • Florist • Food Service • • Pet Grooming/Pet Store (no over -night kennels) Garage or Public Parking for on-site patrons or special events • Private Club, including a Comedy or Music Club • • Restaurant ( no drive-in or through) ' • Restaurant/Private Club ' • • • Retail Store (Examples include clothing stores, home goods, novelty items, specialty store, Museum, Library, Art Gallery and other civic uses (examples include post office or other etc.) • • School, Business and Trade • Specialty Coffee or Ice Cream, including drive-through • Spa or Wellness Facility as an ancillary use within office or hotel • Swim or Tennis Club as an ancillary use within office or hotel • Travel and Real Estate agencies The following Land Uses will be allowed by a Specific Use permit. • Amusement, Commercial (indoor) • Hotel • Heliport and Helistop Tract B.2 (approximately 43 gross acres): Permitted Land Uses: • Amusement, Commercial (Indoor) • Baker or Confectionery • Banks and Financial Institutions ' • Book, Card or Novelty Shops (similar uses such as record stores and toy stores are also allowed under this category) • Bicycle Shop/Repair Service • Caf6/Coffee House • Catering • Clinic • Convenience Stores • Day Care/Senior Care Facilities • Dentist • Drug Store or Pharmacy • Department, Discount or Category Stores/ • Fitness and Health Center • Florist • Food Service • Furniture or Appliance Stores • Garage or Public Parking for on-site patrons or special events • Grocery • Gymnastics/Athletics (indoor/outdoor courts and sport fields) • Hardware Store • Helistop (temporary) ' • • Hospital Laundry/Dry Cleaning, Pick-up Only • Museum, Library, Art Gallery and other civic uses (examples include post office or other municipal/government offices) • Nursery, Retail Plant Ordinance No. 2463-11-05. Page 6 • Office Showroom/Warehouse • Office • Optometnst/Optician ' • Park, Playground, sports field or sports stadium • Pet Grooming/Pet Store • Private Club, including a Comedy or Music Club • Restaurant ( no drive-in or through) • Restaurmt/Pnvate Club • Retail Store (Examples include clothing stores, home goods, novelty items, specialty store, etc.) • Specialty Coffee or Ice Cream with a drive through. • Spa or Wellness Facility • Swim or Tennis • Travel and Real Estate agencies The following band Uses will be allowed by a Specific Use permit: • Amusement, Commercial (outdoor) • Fueling Station • Hotel • Heliport and Helistop • Restaurant (drive-in or through) • All categories of lifestyle center, recreational, fashion and other retail supporting leisure - oriented shopping Height and Area Regulations: • The minimum building set -back from all streets shall be 25 feet except from SH 121, it shall be 50 feet. • The minimum interior building set -back shall be 5 feet. • The parking set -back from SH 121 shall be 25 feet. • The landscape set -back from SH 121 shall be 25 feet • The parking set -back from Ridaeview and Chelsea shall be 20 feet • The landscape set -back from Ridgeview and Chelsea shall be 20 feet • The minimum parking reauirement fm all uses shall. be 4.5 spaces per 1000 square feet of building. Ordinance No. 2463-11-05, Page 7 C EXHIBIT "C" CONCEPTPLAN Ordinance No. 2463-I1-05, Page 8 B61 'tl�l U.Otl tl3513X0 Ta 4 ,p H "3s � 1 •sem-s i x:_ tit l �i G� f 91Silli ' 1 C B III II � x'N Ordinance No. 2463-I1-05, Page 8