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O-1716-4-99ORDINANCE NO. 1716-0-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 55, ORDINANCE NO. 1226-3-94, TRACT FOUR, TO ALLOW MINI -WAREHOUSE BY SPECIFIC USE PERMIT (SUP) AND GRANTING A SPECIFIC USE PERMIT WITH CONDITIONS FOR MINI - WAREHOUSE ON 4.7614 ACRES IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A SITE PLAN, EXTERIOR ELEVATIONS, AND AMENDED DEVELOPMENT REGULATIONS FOR TRACT 4 OF A PLANNED DEVELOPMENT NO. 55, AND SPECIFIC USE PERMIT CONDITIONS ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E" RESPECTIVELY; PROVIDING FOR A REPEALING 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 THE EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 fav 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 Zoning Ordinance No. 1425-5-96 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. That Zoning Ordinance No. 1425-5-96 and the Zoning Map, of the City of Allen, Texas, as previously amended, be amended by amending Planned Development No. 55, Tract Pont, to allow mini - warehouse by Specific Use Permit and by granting a Specific Use Permit with conditions for a mini - warehouse on the following -described tract of land: 4.7614 acres in the Michael See Survey, Abstract No. 543, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Site Plan, Exterior Elevations, and amended Development Regulations for Tract 4 for Planned Development No. 55 and the Specific Use Permit Conditions attached hereto as Exhibit "B", "C", "D", and "E", respectively, and made a part hereof for all purposes. ' SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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 a0 other provisions of said ordinances not in herewith shall remain in full force and effect, provided however Planned Development No. 55, Ordinance 1226- 3-94, 2263-94, as heretofore amended and as amended herein shall continue in full force and effect. SECTION 5. That 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 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That 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 S. That 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 15th DAY OF April , 1999. APPROVED: / I Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CM ATTORNEY i6dy Mo n, CMC, CITY SECRETARY OrdinanceNo. 1716-4-99 Paget LEGAL DESCRIPTION 207,408 SO. FT. 14.7614 ACRES BEING a 4.7614 ave tract of land situated in the MICHAEL SEE SURVEY, ABSTRACT NO. 543, and being part of that tract of land conveyed by deed to Allen Central Joint Venture, as recorded in County Clerk's File No. 92-0051578 and being more particularly described as follows: BEGINNING at a 12' iron rod found at the intersection of the easterly right-of-way line of Watlers Road( a variable width R.O.W. ) with the northerly right-of-way line of Allen Central Drive (a variable width R.O.W. ) and being in a curve to the left having a central angle of 09 deg. 35 min. 09 sec., a radius of 1115.01 feet and a chord which bears N 05 deg. 40 min. 20 sec. E. a distance of 186.33 feet; THENCE northeasterly, along the easterly right-of-way line of Watters Road and along said curve, an arc distance of 186.54 feet to a 12' iron rod found for the point of tangency; THENCE N 00 deg. 52 min. 47 sec. E, continuing along the easterly right-of-way line of said Watters Road, a distance of 75.66 feet to a 12' iron rod found for comer, said point being the southwest comer of Lot 1, Block A, of Allen Central Retail Addition, an addition to the City of Allen, Collin County, Texas, according to the platthereof recorded in Volume K, Page 201 and 202, Plat Records, Collin County, Texas; THENCE S 89 deg. 07 min. 13 sec. E, along the south line of said Lot 1, Block A, a distance of 619.50 feet to a 12' iron rod found for the southeast comer of said Lot 1, Block A. and also being the westerly most south comer of Lot 1 Block B. of Allen Central Retail Addition No. 2. an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume K. Page 653 and 654, Plat Records, Collin County, Texas; THENCE S 68 deg. 45 min. 58 sec. E, along a southwesterly line of said Lot 1, Block B, a distance of 49.93 feet to a 12' iron rod found for comer, ' THENCE S 00 deg. 17 min. 01 sec. E, a distance of 287.44 feet to a 12' iron rod found in the northerly right-of-way line of said Allen Central Drive; THENCE westerly, along the northerly right-of-way line of said Allen Central Drive, the following five (5) calls: (1) THENCE S 82 deg. 20 min. 04 sec. W, a distance of 19.12 feet to a 12' iron rod found for comer, (2) THENCE S 84 deg. 54 min. 32 sec. W, a distance of 163.46 feet to a 12' iron rod found for the beginning of a curve to the right having a central angle of 07 deg. 19 min. 58 sec., a radius of 929.57 feet and a chord which bears S 88 deg. 15 min. 29 sec. W, a distance of 118.89 feel: (3) THENCE southwesterly, along said curve, an arc distance of 118.97 feet to a 12' iron rod found for the point of tangency; (4) THENCE N 80 deg. 43 min. 06 sec. W. a distance of 192.95 feet to a 12' iron rod found for comer, (5) THENCE N 77 deg. 28 min. 45 sec. W. a distance of 200.72 feet to the POINT OF BEGINNING and containing 207,408 sq. ft. or 4.7614 acres of land. EXHIBIT A Ordinaace No. 17164-99 Page 3 e e e a L I 0 0 0 E::�:�-M �AV L I 0 0 0 ' EXHIBIT D PD 55 USE AND AREA REGULATIONS TRACTS 15. AND 9 LINEAR PARK (Tract 5 eliminated and included in Tract 4— 1997 amendment) Watters Branch and Tributary FLOOD PLAIN The purpose of this net is to place land into public use for a park. The tracts will be dedicated to the City of Allen at the time adjacent land is planed and developed, or at an earlier time if requested by the City of Allen. Developer of adjacent tracts will be required to construct an 8 -foot hike and bike trail to City standards. TRACTS 4.6 AND 7 — COMMERCIAL/OFFICE I. Purpose. This district is characterized by development of major office and commercial activity. The regulations in this district are intended to preserve a high quality business park and employment center with regard to architecture, aesthetics, noise, access and circulation. 2. Use Regulations. The following uses are permitted in Tracts 4, 6, and 7. ' a. Office buildings b. Office showroom C. Business School or Commercial Trade School d. Health or Sports Clubs e. Restaurant with no drive-in (drive•thru allowed) f. Veterinarian Clinic with no outside runs g. Pet Store h. Bakeries i. Theaters (indoor only) j. Building materials sales (inside) k. Banks and fmancial institutions I. Commercial amusement (indoor) M. Studios, photo, music, art, health, etc. n. Furniture sales o. Auto parts sales (indoor) P. Department or discount stores q. Antique shops with no outdoor display or storage T. Cleaner or laundry s. Hardware store t. Barber or beauty shops U. Florist or garden shops (indoor) except that outdoor shall be allowed in Tract 4 only V. Household appliance sales W. Pharmacy X. Groceries and supermarkets Y. Uses similar to the above mentioned permitted uses as determined by the City provided activities conducted observe the requirements of all City Ordinances. Z. Accessory buildings and uses incident to any of the above uses as defined in the Comprehensive Zoning Ordinance. Ordinance No. 17164-99 Page 4 ' U. In Tracts 6 and 7 only, such uses as may be permitted under Section 2.06 of the Zoning Ordinance for Specific Uses in the General Business District shall be allowed by Specific Use Permit. On Tact 4 thefollowing use is allowed by Spec fe Use Permit. a Mint -warehouse The following additional uses in Tracts 6 and 7 only are allowed by Specific Use Permit only: 1. Electronics products manufacturers 2. Distribution centers with no outside storage allowed 3. Auto laundry (car wash) 4. New boat sales or repairs and used boat sales and repairs 5. New automobile sales and repairs 6. Used automobile sales with new car dealership only 7. Motorcycle sales and services 8. Hotel and Motel 9. Service Station On Tract 4 only the following is allowed as a Temporary Use: a. Concrete or asphalt batch plant 3. Height Regulations. The maximum height for the main building shall be 3 standard stories but shall not exceed forty-five (45) feet in height provided that any building or portion thereof constructed east of the proposed Watters Road as shown on the Planned Development Plat which is a part of this Ordinance, may be erected above said limit if set back from all street lines and ' required yard lines is one (1) foot for each one (1) foot of its heights above said limit, provided however, that no building shall exceed fifteen (15) stories in height. 4. Area Regulations. Except as listed below, all area regulations for Tracts 4, 6 and 7 shall be as listed for the General Business District in the Zoning Ordinance. a. Size of Yards: (1) Front yard — there shall be front yard having a minimum depth of twenty-five (25) feet and no building may be located closer than 100 feet to US 75 (Central Expressway) or FM 2170 (McDermott Drive). (2) Side yards — a side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street or alley. (3) Rear yard — no rear yard is required except that a rear yard of not has; than twenty-five (25) feet in depth shall be provided on that portion of the lot abutting m across a rear street m alley from an "R" district. (4) Buffer along US 75 (Central Expressway) and FM 2170 (McDermott Drive) — consistent with City Zoning policy, there shall be maintained a twenty-five (25) feet landscape buffer immediately adjacent to FM 2170 in which no building structure or parking shall be permitted. Special provision may be considered where insufficient depth may create a hardship. (5) Buffer along Watters Road—consistent with City Zoning policy, there shall be maintained a fifteen (15) feet landscape buffer immediately adjacent to Watters Road in which no building structure or parking shall be permitted. Special provision may be considered where insufficient depth may create a hardship. Along Watters Road this buffer shall contain high berm, screen wall or continuous hedge. L b. Lot Coverage: No requirement except that required by establishment of yards of landscaping requirements. C. Flom Area Ratio: The ratio or total Boor area of all buildings to total land area shall be a maximum of 1:1 provided however, that the City Council may, upon site plan review, approve a maximum of 2:1. Ordinance No. 17164-99 Page 5 ' 5. Building Regulations Types of Materials. All main building exteriors shall be constructed of stone, brick, cement, concrete, glazing or similar materials. J Traffic Management Improvements a. Access across the main driveway (former Angel Drive) must be a minimum of 100 feet from the south ROW line of McDermott Drive. b. A free right mm lane will be constructed from northbound Watters Road to eastbound McDermott Drive. c. A right mm deceleration lane will be provided for eastbound McDermott Drive to southbound Main Drive (Angel Drive). d. A right tum deceleration lane will be provided for eastbound McDermott Drive to southbound fust driveway east of Watters Road. e. Main driveway (former Angel Drive) will have a four -lane section at McDermott Drive for a minimum of 300 feet or until the fust major east -wen drive, whichever is greater, and f. A traffic signal will be installed (at the landowner's expense) prior to the issuance of a certificate - of -occupancy for retail that exceeds 200,000 square feet. Ordinance No. 1716-4-99 Page 6 �v CONDITIONS FOR SUP FOR MINI -WAREHOUSE AT THE NORTHEAST CORNER OF WAITERS ROAD AND ALLEN CENTRAL, DRIVE A. Site Plan and Elevations: The property shall be developed and used only in accordance with the site plan and exterior elevations attached to and made part of the ordinance. B. Building Height: No building or other structure or improvement shall exceed one story in height, except that an architectural element may extend to a maximum height of 32 feet. C. Building Construction: All buildings shall be constructed of masonry (brick) veneer. Synthetic stucco (i.e. EIFS) shall not be permitted. D. Fence: A 6 foot fence, consisting of a combination of brick and wrought iron fencing, with brick columns shall be constructed along Watters Road and Allen Central Drive, as shown on the attached site plan and exterior elevations. A solid continuous hedge of landscaping shall be installed and maintained adjacent to the wrought iron fencing. E. Air Conditioning Units: All air conditioning units shall be screened from view from all public right- of-way. ' F. Overhead doors: Overhead doors shall not be visible from any public right-of-way. G. Outside Storage: No outside storage shall be permitted. H. Caretakers quarters: One office/ living unit of a maximum 2,000 square feet shall be permitted for the manager of the property. Ordinance No. 17164-99 Page 9