O-3445-12-16ORDINANCE NO. 3445-12-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND
ADOPTING BUILDING ELEVATIONS FOR LOT 1, BLOCK A, ALLEN STATION
BUSINESS PARK #3 (COMMONLY KNOWN AS 420 E. EXCHANGE PARKWAY),
WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF
PLANNED DEVELOPMENT NO. 58 FOR LIGHT INDUSTRIAL "LI"; PROVIDING
FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 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, have concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 I. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations of Planned Development No. 58 for Light Industrial "LI" and adopting a Concept Plan and Building
Elevations for property described as Lot 1, Block A, Allen Station Business Park #3, an addition to the City of
Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2011, Page 260, Plat Records,
Collin County, Texas (commonly known as 420 E. Exchange Parkway) ("the Property").
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, ("ALDC") except to the extent modified by the Development
Regulations set forth below:
A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the
Light Industrial "Ll" District except as otherwise provided in this Ordinance.
B. CONCEPT PLAN: The Property shall be developed in substantial conformance with the Concept
Plan attached hereto as Exhibit "A," and incorporated herein by reference. Minor modifications to
streets that do not alter the general alignment shown on the Concept Plan may be made at the time of
Site Plan approval.
C. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in
' substantial wnformance with the height, materials, and architectural style set forth on the Building
Elevations attached hereto as Exhibit "B," and incorporated herein by reference.
D. SETBACKS:
' (1) The minimum front yard setback adjacent to Andrews Parkway shall be eighty-five feet (85.0').
(2) The minimum parking setback adjacent to Andrews Parkway shall be fifteen feet (15.0').
(3) The nummin parking setback adjacent to Exchange Parkway shall be twenty-five feet (25.0').
E. STREET IMPROVEMENTS: The Developer shall construct all improvements necessary to install
the deceleration lanes on Exchange Parkway and Andrews Parkway in general conformance with the
Concept Plan attached hereto as Exhibit "A." No Certificate of Occupancy for any structure located on
the Property shall be issued until completion of construction and acceptance by the City Engineer of
such deceleration lanes.
F. DRIVEWAYS: Driveway throat lengths and spacing shall be constructed as shown on the Concept
Plan, unless approved otherwise by the Director of Engineering.
G. FLOODSTUDY: City authorization for construction of any improvements on any area of the Properly
located within the regulatory flood plain is subject to approval of a flood plain study by the City of
Allen Engineering Department and require approval by the Federal Emergency Management Agency
("FEMA") through a Conditional Letter of Map Revision ("CLOMR") and Letter of Map Revision
("LOMR'). The CLOMR shall be approved by FEMA prior to issuance of any grading or development
permit that impacts the regulatory floodplain. A LOMR shall be approved by FEMA prior to any
issuance by the City of a Certificate of Occupancy of any building or final acceptance of any ancillary
improvement, (such as parking) that encroaches upon the regulatory floodplain. An environmental
' study shall be prepared and submitted to the City of Allen Engineering Department and all applicable
permits from the U.S. Amy Corps of Engineers must be obtained prior to any disturbance of wetland
or treed areas.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance,
or of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, 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 ofthe 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 6. 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 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 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.
Ordinance No. 3445-12-16, Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13TH DAY OF DECEMBER 2016.
APPROVED AS TO FORM:
Peter G. Smith, rrY ATTORNEY
(W 112911681860)
APPROVE
Stephen Terrell, MAYOR
ATTEST:
1 lV �7.�
Shelley B. Georg RMC, CITY SECRETARY
Ordinance No. 3445-12-16, Page 3
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