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O-1646-10-98ORDINANCE NO. 1646-10-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-%, AS PREVIOUSLY AMENDED, AND TRACTS 10A, 10B AND IOC OF FLOOD PLAIN - PLANNED DEVELOPMENT NO. 55 (FP -PD NO. 55), AS PREVIOUSLY AMENDED BY ORDINANCE NO. 1622.8-98, ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 55.025 ACRES OF LAND LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PLAN, EXHIBIT 'B" AREA AND USE REGULATIONS, AND EXHIBIT "C" LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. 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 full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area and to the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, should be revised; ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, and Tracts 10A, 10B and 10C of Flood Plain -Planned Development No. 55 (FP -PD No. 55), as previously amended by Ordinance No. 5-21-98, be and the same are hereby revised on the following - described tract of land: 55.025 acres of land located in the Michael See Survey, Abstract No. 543, and the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas. SECTION 2: The approved Land Use Plan for Tracts One and Two and the Area and Use Regulations for Tract One, attached hereto as Exhibits "A" and 'B," respectively, are made a part hereof for all purposes and shah be adhered to in their entirety. SECTION 3: The Legal Description attached hereto as Exhibit "C" is made a part hereof for all purposes and shall be used in the manner and for the purposes provided for as approved herein. SECTION 4: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same me hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5: 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 ($2,000.00) for each offense. ' SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shaft be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council ' hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 7: 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. L' DULY PASSED AND APPROVED BY THE CITY COUNaLOF THE CITY OF ALLEN, TEXAS, ONTHE 15thDAYOF October 199& APPROVED: Stephen Terrell, MAYOR ATTEST: mlr in, CMC, CITY SECRETARY - Ordinance No. 1696-10-98 page 2 / TRACTS 10A, 106. 8 100 L MLLENNRJM OFFICE PARK 1 AMENDMENT TO TRACT 10 LIGHT INDUSTRIAL AND COMMERCIAL/ OFFICE ) f%772.396 CSF. TRACT 101 14.17 ACRES I I 617,378 S.F. I 1 LBETHANY DR. -- -- -- MOTE AND US -75 TO WATTERS CREEK SBETHANY DRIVE OZONED IN D55. TATE, 88-19-96 %E1 9172 .- TRACT WA 17.95 ACRES / I 7e1.753 S.F. 1 > t / 3 EAYlLT1�NE°sc-�/ o 1 S' LAWSCAPE. [DESTNNI 0 I RLRY EASEI.EH. 1 I 1 1 ORDINANCE NO 1646-10-98 EXHIBIT'A', LAND USE PLAN 00, EXHIBIT ` 10' AMENDMENT TO PD55 TRACT 10 TO INCLUDE LIGHT INDUSTRIAL AND COMMERCIAUOFFICE Purvose. This district is characterized by development of major office, medical office, and commercial activity including light manufacturing and distribution. The regulations in this district are intended to preserve a high quality employment center with regard to architecture, aesthetics, noise, access and circulation. 2. Use Reoulations. A. All lots or portions of lots within Tract 10A (South of Venture Drive, between US 75 and Epoch Drive) shall be used only for: 1. Office Building (including without limitation, medical office building) 2. Medical Office 3. Business School or Commercial Trade School (within an office building) 4. Health or Sports club (within an office building) 5. Full Service Restaurant within an office building (with no drive-in or drive-thru) 6. Hotel or Motel 7. Bank and/or Financial Institution 8. Studios, Photo, Music, Art, Dance, etc. (excluding sexually oriented businesses) 9. Dry Cleaner or Laundry Pick up Station, Photo Developing Pick Up Station, and other similar personal service uses within an office building 10. Barber or Beauty Shop (within an office building) ' 11. Florist Shop (within an office building ) 12. ' 12. Pharmacy (within an office building) 13. Office Equipment Sales / service (within an office building) 14. Uses similar as determined by the City of Allen to the above mentioned permitted uses provided activities conducted, observe the requirements of all city ordinances uses provided activities conducted, observe the requirements of all city ordinances B. All lots or portions of lots within Tract 10B (South of Venture Drive, between Epoch Drive and Watters Road) shall be used only for: 1. Office Building (including without limitation, medical office building) 2. Medical Office 3. Business School or Commercial Trade School (within an office building) 4. Health or Sports club (within an office building) 5. Full Service Restaurant within an office building (with no drive-in or drive-thru) 6. Hotel or Motel 7. Bank and/or Financial Institution 8. Studios, Photo, Music, Art, Dance, etc. (excluding sexually oriented businesses) 9. Dry Cleaner or Laundry Pick up Station, Photo Developing Pick Up Station, and other similar personal service uses within an office building 10. Barber or Beauty Shop (within an office building) 11. Florist Shop (within an office building ) 12. Pharmacy (within an office building) 13. Office Equipment Sales / service (within an office building) 14. Uses similar as determined by the City of Allen to the above mentioned permitted uses provided activities conducted, observe the requirements of all city ordinances ' W.A. 98055 EXHBT10.DOC ORDINANCE NO .1545-t 0-ga EXHIBIT'S', AREA & USE REGS. C. All lots or portions of lots within Tract 10C (North of Venture Drive, between US 75 and Watters Road) shall be used only for: 1. Office Space with Flexible Tech space (A use where less than 85% of the floor area of a building is devoted to storage and warehousing) 2. Office-Showrooml W arehouse 3. Research and Development Facilities that might include light manufacturing I distribution (A use which involves manufacturing, fabrication, transformation, or assembly of various products) 4. Office Buildings (including without limitation, medical office buildings) 5. Bank or Financial Institution 6. Uses similar as determined by the City of Allen to the above mentioned permitted uses provided activities conducted, observe the requirements of all city ordinances 7. Accessory Buildings and Uses incidental to any of the above uses as defined in the Allen Comprehensive Zoning Ordinance 8. Uses similar to those permitted in the City of Allen Comprehensive Zoning Ordinace, Article III, Paragraph 3.01(V), "LI" Light Industrial. 3. Height Reaulations. 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 height above said limit, provided however, that no building shall exceed fifteen (15) stories in height. 4. Area Regulations 'a. Size of Yards: Yard Restrictions/setbacks shall be as recorded in the Plat for ' Millennium Office Park, or as stated below, whichever is more restrictive. 1. Front Yard - there shall be a front yard having a minimum depth of twenty five (25) feet and no building may be located closer than 100 feet to U.S. Highway 75 (Central Expressway). 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 less than twenty-five (25) feet in depth shall be provided on that portion of the lot abutting or across a rear street or alley from an "R" District. 4. Buffer along U.S. Highway 75 (Central Expressway) - consistent with City Zoning policy, there shall be maintained a twenty-five (25) feet landscape buffer immediately adjacent to U.S. Highway 75 (Central Expressway) in which no building structure or parking shall be permitted. 5. Buffer along Bethany Road and Watters Road. Consistent with City Zoning policy, there shall be maintained a fifteen (15) foot landscape buffer immediately adjacent to Watters Road and Bethany Road in which no building structure or parking shall be permitted. b. Lot Coverage. No requirement except that required by establishment of yards or landscaping requirements. c. Floor Area Ratio. The ratio of total floor area of all buildings to total land area shall be a maximum of 1.25:1 provided however that the City Council may, upon site plan review, approve a maximum of 2:1. ' W.A. 98055 EXHBT10.DOC d. Landscape Buffer. Provide additional building and parking setback of 100' from the centerline of Linear Park. 1 5. Building Reaulations. Type of Materials. All main building exteriors shall be constructed of stone, brick, tiles, cement, concrete, glazing and masonry products such as EIFS or similar materials. In addition to the foregoing regulations and standards, the following shall apply to all tracts: 1. In all tracts, the proposed landscape buffers will require landscape plan approval with automatic irrigation system, 3 -foot minimum screening at the time of planting and to be installed with the issuance of a Certificate of Occupancy with staff discretion for seasonal requirements. 2. The 25 feet and 15 feet landscape buffers along U.S. Highway 75, F.M. 2170, Watters Road and Bethany Road will consist of combinations of sod grass, ground covers, trees, shrubs, decorative walls, earthen berms and other commonly used and accepted landscape treatments. Spec plans for these landscape buffers must be submitted with the site plans for development of the various tracts. Native trees of minimum 3 inch caliper will be spaced informally at all street frontages. The number of trees required will be equal to one for each 50 feel of frontage. Three feet high walls, berms or decorative fences and shrubs will be used to screen parking areas from adjacent street where appropriate. Shrubs shall be varieties commonly used and adaptable to the area. Irrigation shall be provided to the landscaped areas and all landscaping shall continue through the development for a 'unified concept design. ' 3. Prior to approval of final plat in any section an agreement for purposes of escrowing funds for construction of the 8' hike and bike trail will be executed. 4. Driveways for truck loading areas shall have a minimum width of 35 feet and a maximum width of 45 feet with curb returns having a minimum radius of 30 feet. Driveways 40 feet in width or greater shall include a raised curb median. All driveway widths will be measured at its narrowest point. 5. Prior to approval of a replat prior to development in any section, the engineering department shall evaluate the need for additional right-of-way for the purpose of constructing right -tum lanes. If the engineering department determines that a need exists, such lanes will be constructed at the expense of the developer. 6. For Tract 10C (North of Venture Drive, between US 75 and Watters Road) loading docks shall only be permitted on the north side of any proposed building. ' 1 W.A. 98055 EXHBT1 O.DOC 11 ORDINANCE NO. 1646-10-98 EXHIBIT -C•, LEGAL DESCRIPTION LEGAL DESCRIPTION (FOR. TRACT 101 PDSS) BEING 55.025 ACRES OF LAND LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT No. 543 AND THE WILLIAM PERRIN SURVEY. ABSTRACT Ne. 708. COLLIN COUNTY. TEXAS, BEING ALL OF LOT 2. BLOCK B ALLEN CENTRAL. AN ADDITION TO TME CITY OF ALLEN. TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET 1. PAGE 529 OF THE PLAT RECORDS OF COLLIN COUNTY. TEXAS. MORE PARTICULARLY DESCRIBED BY METES MID BQUNDS AS FOLLOWS - BEGINNING AT A 1/2' IRON ROD FOUND AT THE MOST SOUTHERLY .SOUTHEAST CORNER OF SAID LOT 2 LYING IN THE WEST RIGHT-OF-WAY LINE OF U. S. HIGHWAY Ne. 75 AT ITS INTERSECTION WITH THE NORTH RIGHT -OF- WAY LINE OF BETHANY DRIVE I A 65 FOOT WIDE RIGHT-OF-WAYI. THENCE N 87'52'19'W. 958.35 FEET ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID BETHANY DRIVE WITH THE SOUTH BOUNDARY LINE OF SAID LOT 2 TO A 1/2' IRON ROD SET IN THE EAST RIGHT-OF-WAY LINE OF WATTERS ROAD IA 130 FOOT WIDE RIGHT -OF -NAY AT THIS POINTI. THENCE ALONG THE SAID EAST RIGHT-OF-WAY LINE OF MATTERS ROAD WITH THE WEST BOUNDARY LINE OF SAID LOT 2 AS FOLLOWS. N 00.54.33'E. 227.77 FEET TO A 1/2' IRON ROD SET. N 00.05'27'E. 350.04 FEET TO A I/2' IRON ROD SET, N 00'54'33'E. 1003.17 FEET TO A 1/2' IRON ROD SET. THENCE ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 2 AS FOLLOWS, 5 88'59'49'E. 42.10 FEET TO A 1/2' IRON ROD SET, N 72'21'56'E. 99.80 FEET TO A 1/2' IRON ROD SET. N 06'I3'44'E. 109.30 FEET TO A 1/2' IRON ROD SET. N 63'53'40'E. 152.40 FEET TO A 1/2' IRON ROD SET, 5 89'40'55'E. 254.70 FEET TO A I/2' IRON ROD SET, N 54.48'50'E. 335.00 FEET TO A 1/2' IRON ROD SET. N 20.12'09'E. 16.98 FEET TO A 1/2' IRON ROD SET, THENCE N 89'38'39'E. AT 441.20 FEET PASSING A 1/2' IRON ROD SET AT THE SOUTHWEST CORNER OF LOT I. SAID BLOCK B ALLEN CENTRAL AND CONTINUING IN ALL A TOTAL DISTANCE OF 712.32 FEET TO A 1/2' IRON ROD SET AT THE NORTHEAST CORNER OF SAID LOT 2 LYING IN WE AFORESAID WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY N0.75, THENCE ALONG THE EAST BOUNDARY LINE OF SAID LOT 2 WITH THE WEST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY No. 75 AS FOLLOWS. 5 14.03'42'W, 715.38 FEET TO A 1/2' IRON ROO SET. 5 88.48'08'W. 125.42 FEET TO A 1/2' IRON ROD SET. S 02'47'48'E. 34.48 FEET TO A 1/2' IRON ROD SET, 5 36.17'07'E. 144.17 FEET TO A 1/2' IRON ROD SET. 5 14.03'42'W, 885.17 FEET TO A 1/2' IRON ROD SET, 5 20.45'23'W. 99.02 FEET TO A 1/2' IRON ROD SET, S 27.57.30'W. 253.38 FEET TO A I/2' IRON ROD FOUND, S 50.36'00'W. 17.87 FEET TO THE PLACE OF BEGINNING. CONTAINING 55.025 ACRES 12.396.885 SQUARE FEET) OF LAND.