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Home My WebLink AboutO-2337-9-04ORDINANCE NO. 2337-9-04 ' 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 GRANTING A CHANGE IN ZONING FROM "AO" AGRICULTURE/OPEN SPACE TO PD -PLANNED DEVELOPMENT NO. 95 FOR A MIXED USE DEVELOPMENT, FOR 25.669± ACRES IN THE JONATHAN PHILLIP SURVEY, ABSTRACT NO. 719, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B'; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C'; PROVIDING FOR DESIGN EXAMPLES ATTACHED AS EXHIBIT "D"; PROVIDING A REPEALING 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 granting a change in zoning from "A-0" Agriculturelopen space to Planned Development No. 95, for 25.669 acres in the Jonathan Phillip Survey, Abstract No. 719, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Concept Plan attached as Exhibit `B," and the Development Regulations attached as Exhibit "C," be similar in design to examples depicted in Exhibit "D," 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 force and effect. 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 28ra DAY OF SEPTEMBER 2004. APPROVED: '4-4z Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: ��P Peter G. Smith, CIW ATTORNEY Shelley B. George, 'IC, CITY SE tGTARY Ordinance No. 2337-9-04, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' SITUATED in the State of Texas, County of Collin, being part of the Jonathan Phillips Survey. Abstract No. 719, being part of a 29.797 acre tract and a 5.004 acre tract recorded in a Special Warranty Deed with vendor's Lien as recorded under County Clerk No. 93-003921 of the Collin County Land Records with the herein described premises being more particularly described by metes and bounds as follows. BEGINNING at a TxDOT aluminum capped monument found marking the most southerly southeast comer of the herein described premises, said comer being in the south line of said 5.004 acre tract and a north line of Allen Retail Center, an addition to the City of Allen recorded in Cabinet C, Page 583 of the Collin County Plat Records; THENCE with the south line of said 5.004 acre tract and a north line of said Addition, South 87 degrees 18 minutes and 17 seconds West, 372.41 feet to a 'h -inch iron rod found marking the southwest corner of said 5.004 acre tract and an interior corner of said Addition; THENCE the west line of said 5.004 acre tract, an east line of said Addition, and a west line of the aforementioned 29.797 acre tract, North 04 degrees 09 minutes and 20 seconds West, 607.76 feet to a'/2 -inch iron rod found at the base of a wood fence comer post marking an interior comer of said 29.797 acre tract and an ell corner of said Addition; THENCE with a south line of said 29.797 acre tract and a north line of said Addition, South 89 degrees 36 minutes and 44 seconds West, 1383.80 feet to a capped''/r-inch iron rod set marking the southwest ' comer of the premises herein described, from which TXDOT aluminum capped monument bears North 54 degrees 31 minutes 36 seconds West, 2.88 feet and a 5/8 -inch iron rod found bears South 89 degrees 36 minutes and 27 seconds West, 54.18 feet, said comer being a southwest corner of an 8.118 acre State of Texas tract recorded in Volume 4606, Page 1297 of the Collin County Land Records; THENCE with a southwest line of said 8.118 acre tract North 65 degrees 08 minutes and 51 seconds East, 1031.71 feet to a TxDOT aluminum capped monument found and North 73 degrees 21 seconds and 46 minutes East, 1141.97 feet to a TxDOT aluminum capped monument found marking the most easterly comer of said 8.118 acre tract, said corner being in an east line of sad 29.797 acre tract and a west right-of-way line of U.S. Highway No. 75 (variable width right-of-way); THENCE with an east line of said 29.797 acre tract and a west right-of-way line of U.S. Highway No. 75, South 05 degrees 41 minutes and 02 seconds East, 300.99 feet to a Roome capped iron rod set marking the northeast comer of a 0.9835 acre State of Texas tract recorded in Volume 4606, Page 1297 of the Collin County Land Records; THENCE with a west line of said 0.9835 acre tract as follows: South 17 degrees 22 minutes and 32 seconds West, 186.42 feet to a TxDOT aluminum capped monument found; South 11 degrees 23 minutes and 21 seconds West, 583.73 feet to a Roome capped 'h -inch iron rod set; South 17 degrees 07 minutes and 16 seconds West, 303.65 feet to the point of beginning and ' containing 1,118,132 square feet or 25.669 acres of land. Ordinance No. 2337-9-04, Page 3 II n �/ J )�)�g , z l/ rr ,,..w - .�.� � .1— a.... ,..was............... d n �/ J )�)�g , z l/ rr ,,..w - .�.� � .1— a.... ,..was............... L A. 2. EXHIBIT "C" DEVELOPMENT REGULATIONS CONTENTS 1. Purpose of the Planned Development District 2. The 121/75 District 3. Schedule of Uses 4. Other Conditions PURPOSE OF THE PLANNED DEVELOPMENT DISTRICT This planned development is designed to permit flexibility and encourage a more creative, efficient and aesthetically desirable design and placement of building, open spaces and circulation patterns, by allowing mixture or combination of uses, and to best utilize special site features, such as topography, in and shape. While greater flexibility is given to allow special conditions or restrictions that would not otherwise allow the development to occur, the requirements established herein ensure against misuse of increased flexibility. The 121 Center District is intended to promote the compatible mixed-use development of retail, commercial, entertainment, office, and attached residential uses in a pattern evocative of small European village centers. Parking facilities will be shared to the maximum extent practicable and pedestrian connections will be emphasized. THE 121/75 DISTRICT a) Intent The intent of the 121/75 District is to provide a mixture of office, commercial, retail, entertainment, and residential uses promoting urban lifestyles in a walkable environment. b) Base Zoning District The property shall be used and developed only in accordance with the "SC" Shopping Center Zoning District regulations, except as otherwise provided herein. c) Permitted Uses The following are permitted uses within the 121/75 District: i. Amusement (indoor & outdoor) ii. Banks and Financial Institutions iii. Dwelling, Loft/Lifestyle (Buildings must be of varying heights) iv. Hotel V. OfficeUse vi. Restaurant, Restaurant/Private Club, Beer & Wine package sales vii. Retail Store viii. Community Center ix. Assisted Living X. Hospital xi. Nursing Homes xii. Park or Playground (Public) xiii. Clinic, Medical Ordinance No. 2337-9-04. Page 5 1 3. 1 d) Permitted Accessory Uses The following are permitted accessory uses within the 121175 District: i. Book, Card or Novelty Shops ii. Fitness and Health Center iii. Garage, Public Parking iv. Laundry/Cleaning Retail w/pick-up V. Equipment Rental incidental to primary permitted uses only vi. Other accessory uses — permitted in SC District e) Residential and Commercial Mix The 121/75 District is intended to provide a mix of residential and commercial (retail and office) both horizontally (within the same block) and/or vertically (within the same structure). The following provisions apply during development of the 121/75 District: Retail or office uses must occupy at least 75% of the first floor frontage of any mixed-use buildings. t) Snecific Use Permits The following require a Specific Use Permit. i. Automotive Repairs, Minor ii. Fueling Station iii. Laundry, plant iv. Beer and Wine Package Sales with greater than 50% revenue from beer and wine. g) Area Regulations The following standards shall apply in the 121/75 District: i. Minimum lot area........................................................................................None. ii. Minimum width of lot.................................................................................None. .iii. Minimum depth of lot .................................................................................None. iv. Minimum area per dwelling unit.................................................600 square feet. V. Maximum height of building............................................................ 25 Stories. vi. Minimum front yard....................................................................................None. vii. Minimum rem yard.....................................................................................0 feet. viii. Minimum side yard.....................................................................................0 feet. ix. Maximum lot coverage................................................................................ 95%. X. Maximum FAR......................................................................................4.0 FAR. SCHEDULE OF USES The following tables define the various uses which are allowed and which are prohibited within this PD for the 121/75 District. The following legend applies to all Use Tables. LEGEND • Permitted use X Use not permitted S Specific Use Permit Ordinance No. 2337-9-04, Page 6 RESIDENTIAL USES I Proposer! 1 7D-.11.ngCondomioimnium and/or Townhometal land area) oft,High-rise (Buildings Must be ofVaryingnding apartments RETAIL USES I /'t'oPO....l Ordinance No. 2337-9-04, Page 7 Antique Shop _ _ _ • • Bakery or Confectionary tofc,eShop/Repair S • Book. Card or Novchy Shops • • Car Wash .Store • Department or Discount Store • armacy .. ...., .. • Laundry/Dry Cleaning. Pick Up Only • ework Shop M1. '.. • Fitness or Health Center • Fueling Station S a �,. ppliance Sales „.'.,s;,;• Grocery• qW -Store Hate] • p/Locksmith Laundry: Self Sen ice S Beer and Wine Package Sales Beer and %1 ne Package Sales with greater than 50% revenue from beer S Motor Cvele Sales & Service S Restaurant (Drive -ht or Through) S Restaurant (No Drive-in or Through) • Resta UrantrPINale Club • Retail Store • Theater • Upholstery Shop ... • Ordinance No. 2337-9-04, Page 7 I 1 OFFICE & COMMERCIAL SERVICES Land Use Type Amusement. Commercial (btdoor Proposed PD District121/75 •- " Amusement. Commercial (Outdoor) S Assisted Giving*� Mixed use with. office and/or retail on street level and upper level residential Automotive Repairs, Minor S Bakeries (Wholesale) • Banks and Financial Institutions ' •- Catering • Clinic. Medical •' Convalescent Center S Day Cars Facility •' Gvmnastics,Athletics • Hospice S" Hospital • Laboratories' Dental.' •` Nursing Home S Office Showroom/Warehouse • Office Use • Private Club S Radio or TV Broadcast Studio • Veterinary Hospital or Clinic • Fraternal Org. Lodge, Civic Clubs • Park or Playground (Public) C' Public Service Facility= • Swim Pool (Public) S OTHER USES Proposed PD Land Use Type District121/75 Garage, Public Parking • Mass Transit Commuter Pick Up S Mixed use with. office and/or retail on street level and upper level residential • Mixed use with office and/or retail on street Icvcl and upper ICN'el office • Swim or Tennis Club - S Ordinance No. 2337-9-04, Page 8 ' 4. OTHER CONDITIONS a) Parking Requirements All off-street parking shall be provided according to the Allen Land Development Code, except that a 10% reduction in required parking is allowed for mixed-use development. Off-street parking may be provided by either structured garage or on surface parking areas within the 121/75 District. Structured garages shall be centrally located near or around buildings that the garage will be serving. Off-street parking in the 121/75 District may be further reduced, beyond the 10% reduction, based on submittal and city acceptance of a parking study showing specific land uses that support a reduction in parking through time of use, type, patronage distribution, systems, and other appropriate factors including walkable, livable environments. b) Si na e The following additional signage provisions apply to this planned development. L The number of off premise signs allowed along SH 121 and US 75 shall not exceed four (4). e) Private Streets Private streets will comply with the Allen Land Development Code. Private streets will be allowed to connect to the frontage roads of SH 121 and US 75. Approval by TxDOT and the City of Allen will be needed for any connections to the frontage roads, and they must meet applicable regulations including distance separations. d) Landscape The Landscape requirements, of the Allen Land Development Code shall apply to the planned development with the following exceptions or amendments. i. Landscape setback buffers along Shelby Drive, SH 121 and US 75 shall be not less than 25 -feet wide. Landscape setback buffers along other streets are not required. ii. Comer landscaping at public street intersections is not required. However, comer landscaping not less than 600 square feet on each comer is required at the intersections of SH 121 and US 75. iii. Where off-street parking is provided by structured garage(s), no additional internal landscaping shall be required based on the number of parking spaces within that garage; however, a 10 -foot wide landscape buffer shall be placed around the perimeter of the structure. iv. A 10 -foot wide landscape strip is required around parking lots except where parking lots are adjacent to one another. V. Street trees are to be planted along all roadway frontages, at a minimum of 30 -foot spacing, in tree wells, or using other acceptable methods as approved by the City Parks Department. Trees are to be located within the sidewalk area. ' e) Quality and Aesthetic Provisions Ordinance No. 2337-9-04, Page 9 i. No screening will be required for Ulm provided that a minimum 10 -foot wide landscaped buffer or minimum 10 -foot wide landscaped pedestrian corridor is created between the ' residential units and the adjacent use. ii. Sidewalk widths within proposed street right-of-ways shall be based upon building heights, as follows: Sidewalks adjacent to buildings less than 35 feet in height shall be 20 feet wide, and those adjacent to buildings greater than 35 feet shall be a minimum of 10 feet in width. Sidewalk widths shall be shown on all site plans for City review and approval. I Ordinance No. 2337-9-04, Page 10 . . v ,. _ a �� + 3.�arS .. + 3.�arS .. N r� lar€' � M c r pal yid II Ordinance No. 2337-9-04, Page 15 H Ordinance No. 2337-9-04, Page 16