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O-2336-9-04ORDINANCE NO. 2336-9-04 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 SC SHOPPING CENTER TO PD - PLANNED DEVELOPMENT NO. 94 FOR A MIXED USE DEVELOPMENT, FOR 65.84± ACRES IN THE JONATHAN PHILLIP SURVEY, ABSTRACT NO. 719, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; 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 SC Shopping Center to Planned Development No. 94, for mixed use development for 65.841 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 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 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 28TH DAY OF SEPTEMBER, 2004. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: n ^ i Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY Ordinance No. 2336-9-04, Page 2 EXHIBIT "A" LEGAL DESCRIPTION Being a tract of land situated in the Jonathan Phillips Survey, Abstract No. 719, and being part of Parcel 1, all of Parcels 26 and all of Parcel 6R of Allen Retail Center, an addition to the City of Allen. Collin County, Texas as recorded in Cabinet C, Page 583 of the Plat Records of Collin County. Texas, being more particularly described as follows; BEGINNING at the northeast corner of Lot 6R of said Allen Retail Center. THENCE South 17 degrees 27 minutes 00 seconds West for a distance of 1053 44 feet to a point for a comer; THENCE South 53 degrees 56 minutes 54 seconds West for a distance of 80.39 feet to a point for a comer; THENCE South 17 degrees 27 minutes 00 seconds West for a distance of 66.92 feet to a point for a corner; THENCE. South 36 degrees 03 minutes 00 seconds East for a distance of 59.48 feet to a point for a corner; THENCE South 17 degrees 27 minutes 00 seconds West for a distance of 209.02 feet to a point on the northerly line of Shelby Drive {80 foot right-of-wa)) as recorded in Cabinet C, Page 583 of the Plat Records of Collin County, Texas. THENCE along the northerly and easterly right-of-way line of said Shelby Drive the following courses: North 72 degrees 33 minutes 00 seconds West for a distance of 1328 79 feet to the beginning of a come to right having a central angle of 72 degrees 53 minutes 00 seconds, a radius of 310.00 feet. and being subtended by a 368,28 foot chord which bears North 36 degrees 06 minutes 30 seconds West, Along said curve to the right, an arc length of 394.34 feet to a point for a comer; North 00 degrees 20 minutes 00 seconds East for a distance of 647.00 feet to the beginning of a curve to left having a central angle of 24 degrees 55 minutes 06 seconds, a radius of 500.00 feel, and being subtended by a 215.74 foot chord which bears North 12 degrees 07 minutes 33 seconds West; Along said curve to the left, an arc length of 217.45 feet to a point for a corner; North 24 degrees 35 minutes 07 seconds West for a distance of 331.67 feet to a point for corner; THENCE departing the easterly line of said Shelby Drive North 65 degrees 24 minutes 53 seconds East for a distance of 228 84 feet to a point for a corner, THENCE North 89 degrees 55 minutes 34 seconds East for a distance of 1439.29 feet to a point for a comer: THENCE South 03 degrees 53 minutes 08 seconds fast for a distance of 607,50 feet to a point for a comer, THENCE North 87 degrees 34 minutes 41 seconds East for a distance of 404,66 feet to the POINT OF BEGI-NNING containing 65.84 acres more or less. NOTE: This document was prepared under 22TAC 6623 21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except those rights and interest implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. Ordinance No. 2336-9-04, Page 3 le q q EXHIBIT"C" DEVELOPMENT REGULATIONS A. CONTENTS I 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 district 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, size 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 121/75 District is intended to promote the compatible mixed-use development of retail, commercial, entertainment, office, and attached residential uses in a pattem evocative of small European village centers. Parking facilities will be shared to the maximum extent practicable and pedestrian connections will be emphasized. 2. 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 developed and used only in accordance with the Shopping Center Zoning District regulations, except as otherwise provided herein. c) Permitted Uses The following are permitted uses within the 121/75 District. A more detailed schedule of uses is shown in Section 3 of the development regulations. Amusement (indoor & outdoor) ii. Banks and Financial Institutions iii. Dwelling, Loft/Lifestyle (Buildings must be of varying heights) iv Hotel v. Office Use vi. Restaurant, Restaurant/Private Club, Beer & Wine package sales vii. Retail Store vtii.Community Center is. Assisted Living x Hospital xi. Nursing Homes xii. Park or Playground (Public) xiii.Clinic, Medical Ordinance No. 2336-9-04, Page 5 d) Accessory Uses The following are permitted accessory uses within the 121/75 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. 0 Specific Use Permits LEGEND The falkowmg uses require a Specific Use Permit. • Permitted use i. Automotive Repairs, Minor X Use not permitted S Specific Use Permit ii. Fueling Station in. 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 to all uses in the 121/75 District: i. Minimum lot area. ..... ... .... ... ..... .........None. it. Minimum width of lot.,. ............ .... ..... ....................None. iii. Minimum depth of lot .... ...... .... ..... ..... ...... ...None. iv. Minimum area per residential dwelling unit ........... ...............600 square feet. V. Maximum height of building .... ..... .. ...... ......25 stories. vi. Minimum front yard.......... ......... .._.................... .... _..._.............. ......None. vii Minimum rear yard ... ..... ... ... ...... .... ..... ...........0 feet. viii Minimum side yard _......_ ........ ...... ..... ._........... ..._......_...._.. ........... ...0 feet. ix. Maximum lot coverage .. .... ..... ... ...... ............I... ....95%/ X. Maximum Floor Area Ratio.. ......... ........... .......................................4.0 FAR. 3. SCHEDULE OF USES The following tables list the various uses which are allowed and which are prohibited within this planned development for the 121/75 District. The following legend applies to all Use Tables Ordinance No. 2336-9-04, Page 6 LEGEND • Permitted use X Use not permitted S Specific Use Permit Ordinance No. 2336-9-04, Page 6 11 0 0 RESIDENTIAL USES 121/7, Land use Type District Dwelling,(limited to 20% of total land area) '7trA 3lAi•> �,�} 9� �.�!•9+11 ` k!i 14�r 3h� ��.li Il. ut , Ordinance No. 2336-9-04, Page 7 11 0 0 Gare a Mass Transit Commuter Pick Up S " Mixed use with officean or Milt) on street level Inupper ley :- rcsldential'-'. ?s: e Amusement. Commercial (Outdoor) - Swim or Tennis Club S -xiisistedZit%tii" " `:t'•'= ;.. '3•" . Automotive Repairs, Minor S Bakeries (Wholesale) i Bank's and Financial]nstiiution"`- '+�' ;:@%t`"" Caterin • `�;'Clifiic; Medical �9 '',' o := -. 'ra,•. Convalescent Center S A, Da Care Facili' *:: _ G mnastics/Athletics • Hos ice''`:"4::='.^.."=.'',„fib Hos i[al :e;»•�s _ .t � Laboratories: Dent87u.,:ar.,:'si.'^'"•`!=``": 3"..'4 Nursin Home S Offue ShoxroorrWWare"Ildtise?' Office Use -: Private Club �s;: e'= ""' VA f- Radio or TV Broadcast Studio Veterinary Hos ital'or Clifli`,•:UWr:- Gare a Mass Transit Commuter Pick Up S " Mixed use with officean or Milt) on street level Inupper ley :- rcsldential'-'. ?s: e Mixed use with office and/or retail on street level and upper level office - Swim or Tennis Club Ordinance No. 2336-9-04, 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) Signage The following additional signage provisions are granted by the Planned Development ordinance i. The number of off premise signs allowed along Shelby Drive, SH 121 and US 75 shall not exceed six (6). c) 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) Landscane The Landscape requirements, of the Allen Land Development Code shall apply to this 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 254eet wide. Landscape setback buffers along other streets are not required. ii. Corner landscaping at public street intersections is not required. However, corner landscaping not less than 600 square feet on each comer is required at the intersections of Shelby Drive and SH 121, Shelby Drive and US 75, and internal streets that intersect with 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 methods approved by the City Parks Department. Trees are to be located within the sidewalk area Ordinance No. 2336-9-04, Page 9 D 0 e) Quality and Aesthetic Provisions i. No screening will be required for 121/75 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. Ordinance No. 2336-9-04, Page 10 EXHIBIT"D" DESIGN Ordinance No.2336-9-04,Page I I r " yi .T• ^"mel--��yµv. tYy . Y ui`�cyrn nk*x Y S C• f { ye; , .� a ������\.««S: y.� � � :. .£ ;dr .<� , �w 2 v, . v, ., y. \� \ :©% > .,©-(<\ \y °� »<, C� y� y m� � , / y \d»- �» �_°°- � � >/\ 3� f \\.,��»� �-.y:�ry�..r, «��� � . \� \ « « /- . ?�� ©� � ©�� » ©�� .«<° � 2»� � « : 2<��\\\\dd�. \ / � ����� : �� . :� ? /. . ����\\ >� � . . . w:-� �t <y»� ^�� : � : . \ . [ 3 t, ^A\� ? � �2 | f ` �y r� � � \� , -\y : \?. . .,.: ©� z v. . ��\ � � >\ x 2 . � � �^ ^� �\\\ \ \� w _x. �� 3��� \\^~l�� may\ . /, . � .. �- � �� .: . . . - .- \ w � + �A. ��9�» I Ordinance No. 2336-9-04, Page 13 WE ,\�.</\� \\ \ Fl 0 0 Ordinance No. 2336-9-04, Page 15 C II I Ordinance No. 2336-9-04, Page 16 The Allen American AFFIDAVIT OF LEGAL NOTICE I, Darla Bishop. Account Representative of The Allen American, a newspaper printed in the English language in Collin County, State of Texas, do hereby certify that this notice was published in The Allen American on the following dates. to -wit Account Representative of The Allen American Su cribed and sworn to this , / _day of _—, i2k No ary Public, Colli County, Texas m••w,4 BARBIE BECKER 6: Notary Public, State of Texas My Commission Expues /� August 25, 2007 Star Community Newspapers 09/08/04 Starring in'Allen, Carrollton, Celina, Coppell, Flower Mound, Frisco, Lewisville, Little Elm, McKinney, Mesquite, Plano, Rowlett, Southlake, and The Colony starcntexas.com Classified (972) 422 -SELL 624 Krona Drive Suite 170 Recruitment: (972) 578 -WORK Plano, TX 75074 Name: PAM CONWAY Company: CITY OF ALLEN /PLANNING DEPT. Address: ATTN: FINANCE DEPARTMENT Ad Taker: 305 CENTURY PARKWAY Sales Person: ALLEN, TX 75013 Account ID: 114935 Amount #: Telephone (972) 727-0129 Fax: (972)727-7502 E-mail: pconwayDcityofallen.org Publications. Allen American Run dates: 09112104 to 09/12A04 Class: 1710 Ad ID: 154533 Ad Taker: BISHOPD Sales Person: 929 Inserts. 2 Words: 207 Lines: 30 Columns: 3 Depth (Inches): 3.5 Payments: Named Card Name iae14 ExIme Clack Amount Type on Card Digds Dale Number Paid Gross. $63.00 Paid Amount: - $0.00 Amount Due. $63.00 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Commit wID conduct the lowing public hcommits at their regular meeting on Sepu umber 2004 at 7 00 p.m. in the City Hall Cou tell Chambers, 305 Cent Parkway. Allen. Texas. • Public Hearing and consideration of an ordinance to grant a change in zoning from SC Shopping Center to PD Plarmed Development No. 94 for a mixetl use development, being 65.91 acres in the Jonathan Phillip Survey, Abstract No. 719, City of Allen. CoWn County. Texas: located south and west of me southwest corner of SA 121 and US 75. • Pubhc Hearing and consideration of art ordinance to grant a change in sending Goin AO,pfcWture-Open Space to FD Planned Development No. 9 for a rmx use development. bele 25.6991 acres m me Jonathan PWWp Survey, Abstract No. �19. City of Ahcn, Collin County. Texas: located at the southwest comer of SH 121 and US 75. Anyone wishing to speak either FOR or AGAINSf this request Is h[ed to attend this public hearing and voice his or her opinion. For further information, contact the Department of Planning and: velopmen4 City of Allen. 305 Century Parkway. Allen, Texas. 9 727-0125, or a -mall at sleeperVenyofallen.org The Allen American AFFIDAVIT OF LEGAL NOTICE I, Darla Bishop. Account Representative of The Allen American, a newspaper printed it ti -e _ngi:sh la-guage it Co;i;r C"r,,'y, S.<..� ci Texas, do-.e-eLy cert:`., t! -at tris notice was published in The Allen Arnencan on the, f ollowing dates to -wit Account Representative of Tl: Ilen American Su crihed and s orn to this ..day ofimzl aha N ary Public, Co,li4oun y, Texas •"""" . SAME BE CKER Notary Public, Stetaor Taxas My Commission E%ptrss: August 25,8007 Star Community Newspapers 09/29/04 Starring in Alk i, Carrollton, Celina, Coppell, Flower Mound, Frisco, Lewisville, Little Elm, McKinney, Mesquite, Plano, Rowlett, Southlake, and The Colony starcntexas.com Classified (972) 422 -SELL 624 Krona Drive Suite 170 Recruitment: (972) 578 -WORK Plano, TX 75074 Name: KAY DRESCHER Company: CITY OF ALLEN CITY SEC. OFC. Address: ATTN: FINANCE DEPARTMENT Ad Taker: 305 CENTURY PARKWAY Sales Person: ALLEN, TX 75013 Account ID: 45169 Account a: 6004694 Telephone: (214)509-4107 Fax: (214) 5093118 E-mail: kdmscher®cityolalim.org Publications. Allen American Run dates 10/03/04 to 10/07/04 Class 1710 Ad ID: 159315 Ad Taker: BISHOPD Sales Person: 929 Inserts: 4 Words: 202 Lines: 37 Columns: 2 Depth (Inches): 4.0 Payments: Matadi Card Name Last4 Expue Crack Amount Type on Card Clens Cate Numoer Pam Gross: $96.00 Paid Amount. - $0.00 Amount Due: $96.00 CITY OF ALIEN PUBISC NOTICE Notice is hereby given that the Allen City Council adopted the followlnq ordinance at its regular meeting held on 7Lesday, Sep- tember 28, 2004 ORDINANCE NO. 2336-9-04: An Ordi- nance of the qty Council of the City of A len, Collin County, Texas, Amend]ne the Allen Land Development Code Zoning gulahons and Zoning Map, as Previously Amended, by Granting a Change in Zo from SC Shop - pin Center to PD-Planneudp Dmeveloppment No Acres m�e Jonathaned Use elopm6epnS Survey, Ab- stract No. 719. City of A9en, Collin County, Texas, and Being FLrther Described m Ex- hib0 "A". Providinfor a Conce t Plan At- lached as Exhibit V: Providing for Develop- ment Regulations Attached as Ez[iibit "C". Provifor Dem Examples Attached as Exhibit D"; Providing a Repealing Clause; Providing a SevembWty Clause; Providing a Savina Clause; Providing for a Penalty of Fyne Nal to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense: and Pro- viding for an Effective Date. Acopy of this ordinance may be mad or pur- chased in We Office of the City Seerela y. City of Allen, 305 Century Parkway, Allen, Texas 75013 or may be viewed at www.Pttvnranen.nm /s/Shelley B. George, City Secretary