O-3393-6-16ORDINANCE NO. 3393-6-16
' 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, RELATING TO THE USE AND
DEVELOPMENT OF LOT 3, BLOCK A, ALLEN STATION BUSINESS PARK #3,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED AS PLANNED
DEVELOPMENT PD NO. 58 FOR LIGHT INDUSTRIAL (LI) BY CHANGING THE
BASE ZONING ON SAID PROPERTY TO MULTI-FAMII.Y RESIDENTIAL (MF -18)
AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN,
SCREENING PLAN AND BUILDING ELEVATIONS; 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 relating to the use and development
regulations of Lot 3, Block A, Allen Station Business Park #3, City of Allen, Collin County, Texas, being more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property")
which is presently zoned as Planned Development No. 58 by changing the base zoning from Light Industrial
(LI) to Multi -Family Residential (MF -18) and to be used and developed in accordance with the use and
development regulations set forth in Section 2 of this Ordinance.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code ("ALDC"), as amended, except to the extent modified by the Development
Regulations set forth below:
A. BASE ZONING: The Property shall be developed and used only in accordance with the Multi -Family
Residential District MF -18 standards of the ALDC, except as otherwise provided herein.
B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "A" and incorporated herein by reference. Minor modifications to site
circulation that does not alter the general alignment shown on the Concept Plan may be made at the
' time of Site Plan approval.
C. SCREENING: Screening walls and landscaping shall be constructed and/or installed on the Property
in substantial conformance with the Screening Plan attached hereto as Exhibit "B" and incorporated
herein by reference, inclusive of all notes and graphic elements contained thereon. No building permits
for any building on the Property shall be issued until a screening wall permit has been issued and
screening wall construction and perimeter landscaping installation has begun.
' D. BUILDING ELEVATIONS: The exterior fagades of the buildings constructed on the Property shall
be developed in general conformance with the Building Elevations attached hereto as Exhibit "C" and
incorporated herein by reference. No balconies shall be constructed on the third floor dwelling units
on the east side of the east buildings.
E. PARKING: The off-street parking ratio shall be 1.8 spaces per dwelling unit; with not less than 99%
of the oft -street puking requirements provided on the Property to be located within the puking
structure constructed as shown on the Concept Plan.
F. BUILDING SETBACKS: The building and accessory structures constructed on the Property shall be
set back from the Property's boundaries as shown on the Concept Plan.
G. MINIMUM LOT AREA/DWELLING UNIT: 1,000 square feet.
H. DENSITY: The maximum density shall be 43 dwelling units per acre.
AVERAGE DWELLING UNIT SIZE: The average dwelling unit size shall be 944 square feet.
J. MINIMUM OPEN SPACE: The Property shall be developed with not less than 1.8 acres of open
space located generally as shown on the Concept Plan.
K. PERCENT LOT COVERAGE: The maximum percent lot coverage shall be 55%.
L. BUILDING HEIGHT: No building constructed on the Property shall exceed four (4) stories; and shall
in no case be taller than 58 feet at the ridge line of the roof and 45 feet at the plate height of the roof
(decorative feature elements shall not exceed 60 feet); provided, however, the buildings along the
easterly side of the Property shall not exceed three (3) stories and in no case be taller than 48 feet at the
ridge line of the roof and 35 feet at the plate height of the roof (decorative feature elements shall not
exceed 50 feet).
M. DRIVEWAY SPACING: Driveways shall be spaced in general conformance with the Concept Plan.
N. IMPROVEMENTS: Based on the findings set forth in that traffic impact analysis titled Andrews Site
Apartments -NEC Cabela Road at Andrews Parkway dated October 9, 2015, and prepared by Soot
Johnson, P.E., P.T.O.E, a copy of which is retained in the office of City's Director of Engineering and
incorporated herein by reference, the following tmffic control improvements shall be constructed,
installed, and/or performed prior to the issuance of a Certificate of Occupancy for any building
constructed on the Property:
(1) Construction of a right -tum lane from the fire lane to be constructed along the southwestern
boundary of the Property ("the South Fire Lane") to provide a right tum onto northbound
Andrews Parkway;
(2) Relocation of the pedestrian signal pole located at the northeasterly comer of the intersection
of the South Fire Lane and Andrews Parkway to be relocated to accommodate the construction
of the right turn lane described in paragraph (1), above;
' (3) The traffic signal at the intersection of Andrews Parkway and Cabela's Drive shall be improved
to incorporate Accessible Pedestrian Signal (APS) units in accordance with current City
standards;
Ordinance No. 3393-6.16, Page 2
(4) The median within Andrews Parkway immediately north of its intersection with Cabela Drive
must be partially reconstructed in accordance with plans approved by the City Engineer to
' allow for traffic to directly flow northbound along Andrews Parkway due to the restriping of
Andrews Parkway described in paragraph (5), below in conformance with the rc-configured
northbound lanes of Andrews Parkway;
(5) The northbound lanes of Andrews Parkway shall be re -striped to provide for a dedicated left
tum lane, two dedicated through lanes, and a dedicated right turn lane as shown on the Concept
Plan; and
(6) Modification to any other part of the traffic signal system located within the intersection of
Andrews Parkway and Cabela's Drive determined by the City Engineer to be necessary to
accommodate the reconfiguration of the intersection as provided on the Concept Plan,
including, but not limited to, replacement of the signal heads controlling the northbound lanes
of Andrews Parkway.
SECTION 3. To the extent of any 'reconcilable 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
of ense 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 tem)s 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 28- DAY OF JUNE 2016.
APPROVED:
0A*bW=y
Stephell Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, IC, CITY SECRETARY
Ordinance No. 3393-6-16, Page 3
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Ordinance No. 3393-6-16. Page 6
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EXHB3IT "C"
BUILDING ELEVATIONS cont.
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Ordinance No. 3393-6-16, Page 7
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Ordinance No. 3393-6-16, Page 7
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EXHIBIT"C"
BUILDING ELEVATIONS coot.
Ordinance No. 3393-646. Page 8