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O-4004-6-23ORDINANCE NO. 4004-6-23 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 REGULATIONS OF AREA 1 OF PLANNED DEVELOPMENT “PD” NO. 3 WITH A BASE ZONING OF LIGHT INDUSTRIAL “LI” RELATING TO LOTS 1R-1 AND 2, ALLEN BUSINESS CENTRE, TO AUTHORIZE DEVELOPMENT AND USE OF THE PROPERTY AS AN AMUSEMENT, COMMERCIAL (OUTDOOR) AS AN ACCESSORY USE TO A RESTAURANT USE, AND ADOPTING AN AMENDED CONCEPT PLAN AND LANDSCAPE REGULATIONS; 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 1. 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 as set forth in Section 2, below, the regulations applicable to the Area 1 of Planned Development “PD” No. 3 relating to the development and use of property described as Lots 1R-1 and 2, Allen Business Centre, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2014, Page 223, Plat Records, Collin County, Texas (“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”) and the development and use regulations of Tract 1 of Planned Development “PD” No. 3 as set forth in Ordinance No. 368-10-81 and, as amended by Ordinance No. 3929-7-22, as such regulations have been amended, except to the extent modified by the Development Regulations set forth below: A. PERMITTED USES: In addition to the accessory uses for which property located within Area 1 of PD No. 3 may be developed and used, the Property may be developed and used as “Amusement, Commercial (Outdoor)” as an accessory use to a Restaurant use located on the portion of the Property described as Lot 2, Allen Business Centre, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2014, Page 223, Plat Records, Collin County, Texas (“Lot 2”); provided, however, the portion of Lot 1R-1 used for “Amusement, Commercial (Outdoor)” purposes shall be limited to the area of the Property shown on the Concept Plan. B. CONCEPT PLAN: The Concept Plan adopted as Exhibit “A” to Ordinance No. 3929-7-22 is hereby amended to read in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by Ordinance No. 4004-6-23, Page 2 reference (the “Amended Concept Plan”). The Property shall be developed in general conformance with the Amended Concept Plan. Minor modifications to streets/driveways that do not alter the general alignment shown on the Amended Concept Plan may be made at the time of Site Plan approval. C. LANDSCAPE REQUIREMENTS: Use of the Property for “Amusement, Commercial (Outdoor)” purposes shall not be authorized prior to (i) completion of construction of the parking spaces on Lot 1R-1 Allen Business Centre, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2014, Page 223, Plat Records, Collin County, Texas (“Lot 1R-1”) as shown on the Amended Concept Plan and (ii) approval of the final inspection by City pursuant to the development permit issued by the City in relation to construction of said parking spaces. Approval of the final inspection by the City under the development permit relating to the parking spaces constructed on Lot 1R-1 shall not be granted until the landscaping on Lot 1R-1, complies with the provisions of Section 7.05 of the ALDC and all subsections thereto applicable to Lot 1R-1 subject to the following: (1) Parking lots existing on Lot 1R-1 prior to the effective date of this Ordinance are not required to be redeveloped with parking lot islands in compliance with Section 7.05.3.6 of the ALDC; provided, however The new and/or redeveloped parking aisles shown on the Amended Concept Plan shall be constructed with landscape islands as required by Section 7.05.3.6 of the ALDC; (2) The number of parking lot trees that would otherwise be required to be planted in the parking areas of Lot 1R-1 existing on the effective date of this Ordinance in compliance with Section 7.05.3.6 of the ALDC must be planted, but may be planted on Lot 1R-1 or Lot 2 in accordance with a landscape plan approved in accordance with Section 7.05.1 of the ALDC; (3) Construction of a two-foot-wide non-planted pervious surface area adjacent to the back of the curb around parking spaces as required by Section 7.05.3.6 of the ALDC shall not be required for the parking spaces existing on Lot 1R-1 prior to the effective date of this Ordinance; and (4) The landscape buffer along Prestige Circle shall comply with the width and planting requirements of Section 7.05.3.4 and Section 7.05.3.5 of the ALDC. 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 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 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. PD AMENDMENT CONCEPT PLANARMOR BREWING SHARED PARKING DEVELOPMENTALLEN BUSINESS CENTERLOTS 1R-1 AND 2TRACT A: ARMOR GROUP HOLDINGS, LLC1.42AC./ 62,029 sfTRACT B: LTD HOLDINGS, LLC2.11 AC./ 92,026 sfVOL. 2014 PG. 223 M.R.C.C.T.CITY OF ALLEN, COLLIN COUNTYDATE OF SUBMISSION: APRIL 4, 2023PROPOSED10 SPACES(CM)5/8" IRF1/2" IRF(CM)1/2" IRF1/2" IRF5/8" IRF BEARSS82°39'36"W 0.75'(PLAT=342.36')49.07'L=49.46'"X" FND"X" FNDPRESTIGE CIR.60' RIGHT-OF-WAYCENTERLINE359.5'57.46'L=191.83'1/2" IRS1/2" IRSSTATE PLANECOORDINATESN= 7,085,265.52'E= 2,528,106.10'ELEV.= 658.82'STATE PLANECOORDINATESN= 7,085,351.55'E= 2,527,881.96'STATE PLANECOORDINATESN= 7,085,441.09'E= 2,527,648.66'N 68°17'58" W19.89'S 23°39'09" W 342.42'N 65°51'58" W 228.74'N 21°43'07" E 332.51'EXISTINGBUILDING35,991 SF24' FIRE LANE &MUTUAL ACCESS ESMT.(BY THIS PLAT)FIRE LANE ESMT.CAB. K, PG. 397CAB. P, PG. 94324' FIRE LANE ESMT.20' PARKING ESMT.VOL. 4391, PG. 350PROPOSED4 SPACESPROPOSED5 SPACESPROPOSED2 SPACESPROPOSED6 SPACESPROPOSED6 SPACES0'1' 5' 15' 25'50'100'LEGENDCONCRETE PAD FORPICKLEBALL COURTS4' HIGH SOFT NETFENCING AROUNDCOURTSPROPOSEDCOURTSAREA30' X 105'2' PERVIOUSSTRIP2' PERVIOUSSTRIP5' CONCRETE SIDEWALK31'-8 3/4"2' PERVIOUSSTRIP2' PERVIOUSSTRIP2' PERVIOUSSTRIP2' PERVIOUSSTRIP10'-0" 10'-0"MIN. 10'LANDSCAPEBUFFER10' LANDSCAPE BUFFER54'-6"260'-0"LIMITS LOT 1R-1 NEW WORKLIMITS LOT 1R-1 NEW WORKLOTS 1R-1 AND 27 & 9 PRESTIGE CIRCLEBEING LOT 1R OF TRACT D AND E OUT OF ALLEN BUSINESS CENTRE, ANADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ACCORDING TOTHE PLAT FILED 10/23/2001, RECORDED IN CABINET N, PAGE 406, MAPRECORDS, COLLIN COUNTY, TEXASEXIST. BUILT AREASF PARK RATIOPARKS REQ'DFTK CONSTRUCTION20,044 1/100 SF 20ACADEMY OF DANCE ARTS12,647 1/1000 SF13TOTAL BUILDING32,69133SPACES PROVIDED ONSITE25 SPACESSPACES PROVIDED BY EASEMENT33 SPACESTOTAL SPACES PROVIDED58 SPACESLOT AREASQUARE FEET91,141ACREAGE2.1106FAR RATIO :FTK CONSTRUCTION22ACADEMY OF DANCE ARTS18BUILDING HEIGHT21.8'7 PRESTIGE CIRCLELEGAL DESCRIPTION, PARKING & SQ. FT. SUMMARYBEING LOT 2 OF LOTS 1R-1 AND 2, OUT OF ALLEN BUSINESS CENTRE, ANADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ACCORDING TO THEMAP RECORDED IN VOLUME 2014, PAGE 223, MAP RECORDS, COLLIN COUNTY, TEXAS.EXIST. BUILT AREASF PARK RATIOPARKS REQ'DRESTAURANT 4340 1/100 SF 43.4MICROBREWERY 2752 1/1000 SF 2.75MICROBREWERY STORAGE 3353 1/2000 SF 1.67MICROBREWERY SEATING & RETAIL 2290 1/100 SF22.90TOTAL 1273570.72(71)PROPOSED ACCESSORY AREAOUTDOOR PICKLEBALL COURTS 3300 8 SPACESUSE: AMUSEMENT, COMMERCIAL (OUTDOOR)TOTAL AREA /PARKING REQ'D79 SPACES#9 PRESTIGE CIRCLE47 SPACESPROPOSED ADD'L. PARKING 5 SPACES#7 PRESTIGE CIRCLE ADD'L. PARKING*28 SPACESTOTAL SPACES PROVIDED80 SPACES9 PRESTIGE CIRCLELEGAL DESCRIPTION, PARKING & SQ. FT. SUMMARY* PER SHARED PARKING AGREEMENT DOCUMENT 2022000165763, FILED IN ALLEN, TEXAS,COLLIN COUNTY NOVEMBER 16, 2022 BY MICHAEL TODRYKLANDSCAPE REQUIREMENTSGROSS SITE AREA: 1.42 ACRES (61,029 SF)LANDSCAPE AREA: 10% (0.142 ACRES, 6,102.9 SF) REQ'D., 18.7% (0.27 ACRES, 11,413 SF) PROVIDEDLOT COVERAGE: 17%FAR: 0.21SITE DATA: LOT 1R-1 & LOT 2BASE ZONING DISTRICT: PD-3/LIUSES: RESTAURANT AND RETAIL BUILDING/ MICROBREWERY BUILDING,RESTAURANT WITH LIVE MUSIC OUTODOORSAMUSEMENT, COMMERCIAL (OUTDOOR)PROJECT TEAMTRACT A OWNER:ARMOR GROUP HOLDINGS, LLC,#9 PRESTIGE CIRCLEALLEN, TX 75002CONTACT: MICHAEL TODRYKT: 903-267-1034E: mike@armorbrewingco.comTRACT B OWNER:LTD HOLDINGS, LLC,7 PRESTIGE CIRCLEALLEN, TX 7502CONTACT: JAMES GOODMANT: 214-707-7339E: jim.goodman@ftkmail.comARCHITECT:CIVITARESE|MORGAN+ARCHITECTURE921 N. RIVERFRONT BLVD., #900DALLAS, TX 75207CONTACT: TOM MORGANT: 214-893-3188E: tomm@civitaresemorgan.comCIVIL ENGINEER:RLK ENGINEERING, INC.111 WEST MAIN ST.ALLEN, TX 75013CONTACT: SETH KELLYT: 972-359-1733E: seth@rlkengineering.comLANDSCAPE ARCHITECT:STUDIO GREENSPOT1782 W. MCDERMOTT ST.ALLEN, TX 75013CONTACT: CHRIS TRONZANOT: 469-369-4448A1.0PD AMENDMENTCONCEPT PLAN01Site PlanSCALE: 1" = 20'-0"DRAWING NUMBER:DRAWING TITLE:REVISIONS:DATE:NO.ARCHITECTURAL PROJECT NO.:TEL: 214-613-068010.23.15921 N. RIVERFRONT BLVD. SUITE 700DALLAS, TEXAS 75207109-01ISSUED FOR CONCEPT PLAN 04/04/2023 ISSUED FOR CONCEPT PLAN 04/04/2023ARCHITECTSEALARMOR BREWING9 PRESTIGE CIRCLEALLEN, TX. 75002TENANT REVIEW ISSUE DATE:HEALTH DEPT. REVIEW ISSUE DATE:LANDLORD REVIEW ISSUE DATE:PERMIT ISSUE DATE:CONSTRUCTION ISSUE DATE:12.01.1512.01.1512.01.1502-16-16FAX: 469.730.334106/23/2023ATTSXETEFO S A REGIS T EREDARCHITECTT HO M ASM. MORGAN9415THE SEAL APPEARING ON THISDOCUMENT WAS AUTHORIZEDBY THOMAS M. MORGAN NO. 9415EXPIRES 09/30/23NORTH02Vicinity MapSCALE: NTSNORTHEXHIBIT "A"AMENDED CONCEPT PLANOrdinance No. 4004-6-23, Page 4