O-3341-12-15ORDINANCE NO. 3341-12-15
' 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
AMENDING THE DEVELOPMENT REGULATIONS FOR PROPERTY
IDENTIFIED AS "TRACT 10A" AND "TRACT lOB" IN "PD" PLANNED
DEVELOPMENT NO. 55 AS ESTABLISHED BY ORDINANCE NO. 1226-3-94, AS
AMENDED BY ORDINANCE NO. 1646.10.98, SAID PROPERTY BEING ALL OF
LOTS 2,311, 4, AND 5, BLOCK A, MILLENNIUM OFFICE PARK, AN ADDITION
TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; ADOPTION OF A
CONCEPT PLAN AND BUILDING ELEVATIONS FOR A 6.8621 ACRE PORTION
OF SAID LOT 3R, BLOCK A, DESCRIBED IN EXHIBIT "A," HERETO;
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 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 Codeand Zoning Map of the City of Allen, Texas, be amended
by amending the Development Regulations for the property identified as '"Dact 10A" and "Tract IOB" in
"PD" Planned Development No. 55established by Ordinance No. 1226-3-94, as amended by Ordinance No.
1646-10-98(collectively, the "PD 55 Regulations"),said property being all of (a) Lot 2,Block A, Millennium
Office Park, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof
recorded in Cabinet K, Page 856, Plat Records, Collin County, Texas, and (b) Lots 3R, 4 and 5, Block A,
Millennium Office Park, an Addition to the City of Allen, Collin County, Texas, according to the map or plat
thereof recorded in Volume 2006, Page 426, 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 PD 55 Regulations (the ALDC and the PD 55
Regulations collectively being the "Base Zoning" for the Property except as modified as follows:
A. HEIGHT AND FLOOR AREA RATIO. Notwithstanding anything to the contrary set forth in the
PD 55 Regulations:
(1) There is no maximum height requirement for buildings constructed within the Property; and
' (2) There is no maximum Floor area ratio for buildings constructed within the Property.
B. TRACT 10A-1. The use and development of the 6.8621 acre portion of Tract IOA described in
Exhibit "A-1," and depicted in "Exhibit A-2" attached hereto and incorporated herein by reference
(hereafter `Tract 10A-1"), shall be subject to the following, which shall constitute modifications to
the PD 55 Regulations:
(1) Convention Center Use. In addition to the uses permitted on Tract 10A, Tract 10A-1 may be
used and developed with a Convention Center.
(2) Concept Plan: Tract I0A-I shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B" and incorporated herein by reference. Minor modifications to
streets that do not alter the general alignment shown on the Concept Plan may he made at the
time of Site Plan approval.
(3) Building Elevations: Tract IOA-1 shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "C", and incorporated herein by reference;
provided, however, additional architectural enhancements may be approved at the Site Plan
and Building Permit approval processes by the City Manager or designee.
(4) Building Setbacks: Buildings constructed on Tract IOA-1 shall comply with the minimum
property line setbacks as shown on the Concept Plan.
(5) Stacking Depth: The stacking depth for driveways constructed within Tract IOA-1, as
measured from the proposed right-of-way line to the drive aisle, shall be as shown on the
Concept Plan or as modified through the Site Plan and/or Construction Plan approval
processes.
(6) 7),uck Loading Area: The width of the driveway for truck loading areas within Tract 10A -I
shall be as shown on the Concept Plan or as modified through the Site Plan and/or
Construction Plan approval processes.
(7) Landscape Buffer. Perimeter landscaping for Tract IOA-1 shall be provided within the
landscape buffers as shown on the Concept Plan or as modified through the Site Plan and/or
Construction Plan approval processes.
(g) Construction Codes: The design and construction of new structures located on Tract 10A-1
for which completed permit applications (inclusive of payment of all applicable fees) have
been delivered to the City on or before the end of the eighteenth (18th) month following the
effective date of this Ordinance shall be governed by the provisions of Article III of the
ALDC in effect on the Effective Date of this Ordinance.
(9) Tmffic Improvements: In addition to such other traffic control and street improvements as
may be required following completion of a Traffic Impact Analysis submit to the City in
association with approval of a detailed site plan for development of Tract 1OA-I for a
hotel/convention center development, no certificate of occupancy for a hotel or convention
center located on Tract 10A-1 shall be granted until completion of the following street and
traffic control improvements shown on the Concept Plan:
(a) One (1) additional southbound lane on Central Park Avenue at its intersection with
Bethany Drive;
(b) Median modifications and markings to he located on Central Park Avenue;
(c) Deceleration Lane on Westbound Bethany Drive, on approach to its intersection with
Central Park Avenue;
Ordinance No. 3341-12-15, Page 2
EXHIBIT "A-1"
LEGAL DESCRIPTION OF TRACT 10A-1
' BEING A 6.862 ACRE TRACT OF LAND SITUATED IN THE MICHAEL SEE SURVEY, ABSTRACT
NO. 543, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF LOT 3R AND
LOT 4, BLOCK A OF MILLENNIUM OFFICE PARK, LOTS 3R, 4 AND 5, BLOCK A, AN ADDITION TO
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 2006, PAGE 426 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN
COUNTY, TEXAS, (O.P.R.C.C.T.), AND ALSO BEING A PORTION OF THAT CALLED 55.024 ACRE
TRACT OF LAND DESCRIBED TO ALLEN ECONOMIC DEVELOPMENT CORPORATION IN THE
SPECIAL. WARRANTY DEED RECORDED IN VOLUME 3914, PAGE 1765, O.P.R.C.C.C.T., SAID 6.862
ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CUT "X" FOUND FOR THE SOUTHWEST CORNER OF SAID BLOCK A,
MILLENNIUM OFFICE PARK ADDITION AND BEING THE POINT OF INTERSECTION OF THE
EASTERLY RIGHT-OF-WAY LINE OF CENTRAL PARK DRIVE (FORMERLY KNOWN AS EPOCH
DRIVE, (A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY)), WITH SOUTH LINE OF A 5 -FOOT RIGHT-
OF-WAY DEDICATION ON THE NORTH SIDE OF BETHANY DRIVE, (NOW A CALLED 135 FOOT
WIDE PUBLIC RIGHT-OF-WAY), AS RECORDED IN VOLUME 2006, PAGE 426, O.P.R.C.C.T.;
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING:
NORTH 04°56'59" WEST, A DISTANCE OF 5.03 FEET TO A CUT "X" SET FOR THE POINT
OF BEGINNING;
NORTH 04°56'59" WEST, A DISTANCE OF 7.17 FEET TO A CUT "X" SET FOR CORNER;
NORTH Ol°15'40" EAST, A DISTANCE OF 149.61 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 745.00 FEET;
NORTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
07'10'18" FOR AN ARC LENGTH OF 93.25 FEET, A CHORD BEARING OF NORTH 04050'49"
EAST AND A CHORD DISTANCE OF 93.19 FEET TO A 5/8 -INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "BURY" SET FOR THE POINT OF REVERSE CURVATURE OF A
CURVE TO THE LEFT HAVING A RADIUS OF 2362.58 FEET;
NORTHEASTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
01049'31" FOR AN ARC LENGTH OF 75.26 FEET, A CHORD BEARING OF NORTH 07031' 12"
EAST AND A CHORD DISTANCE OF 75.26 FEET TO A 5/8 -INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "BURY" SET FOR THE POINT OF REVERSE CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 326.10 FEET;
NORTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
13020'34" FOR AN ARC LENGTH OF 75.94 FEET, A CHORD BEARING OF NORTH 13016'44"
EAST AND A CHORD DISTANCE OF 75.77 FEET TO A 5/8 -INCH IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "BURY" SET FOR THE END OF SAID CURVE;
NORTH 20024'39" EAST, A DISTANCE OF 12.14 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER;
NORTH 20052'17" EAST, A DISTANCE OF 265.98 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER;
Ordinance No. 3341-12-15. Page 4
THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY, OVER AND ACROSS SAID LOTS 3R AND
4, BLOCK A, THE FOLLOWING:
' SOUTH 76°14'45" EAST, A DISTANCE OF 260.30 FEET TO A 518 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED `BURY" SET FOR CORNER;
SOUTH 13-45'15" WEST, A DISTANCE OF 25.00 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER;
SOUTH 76°14'45" EAST, A DISTANCE OF 228.00 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER IN THE WESTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY NO. 75, (CENTRAL EXPRESSWAY, A VARIABLE WIDTH
PUBLIC RIGHT-OF-WAY);
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE, THE FOLLOWING:
SOUTH 13DI1'41" WEST, A DISTANCE OF 200.96 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER;
SOUTH 19°53'22" WEST, A DISTANCE OF 96.59 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER;
SOUTH 27°05'29" WEST, A DISTANCE OF 269.41 FEET TO A 5/8 -INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "BURY" SET FOR CORNER IN THE AFOREMENTIONED
NORTH RIGHT-OF-WAY LINE OF BETHANY DRIVE;
' THENCE NORTH 88044'200" WEST ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF
403.83 FEET TO THE POINT OF BEGINNING;
1
CONTAINING A COMPUTED AREA OF 298,905 SQUARE FEET OR 6.862 ACRES OF LAND, MORE
OR LESS.
Ordinance No. 3341-12.15 Page 5
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EXHIBIT "A-2"
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Ordinance No. 3341-12-15, Page 6
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EXHIBIT'B"
CONCEPT PLAN FOR TRACT 10A-1
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Ordinance No. 3341-12-15 Page 7
' EXHIMIT "C"
BUILDING ELEVATIONS FOR TRACT 10A-1
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Ordinance No. 3341-12-15, Page 8
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' EXHIBIT "C"
BUILDING ELEVATIONS FOR TRACT 10A-1 (cont.)
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Ordinance No. 3341-12-15, Page 9
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' EXHIBIT "C"
BUILDING ELEVATIONS FOR TRACT 10A-1 (cont.)
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Ordinance No. 3341.12.15, Page 10
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' EXHIBIT "C'
BUILDING ELEVATIONS FOR TRACT IOA-1 (cont.)
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Ordinance No. 3341-12-15, Page 11
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(d) Deceleration Lane on the US75 Southbound Frontage Road at the entrance driveway
to Tract 10A-1; and
(e) Gated access control installation (with access in compliance with Fire Department
requirements) on the outbound -only driveway connection to Bethany Drive.
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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8" DAY OF DECEMBER, 2015.
APPROVED AS TO FORM:
(T2 4
PeTer G. Smith, CITY ATTORNEY
(W:1112M15.7"18)
APPRO ED:
Stephen Terrell, MAYOR
ATTEST:
SGeef, RMC, CITY S W RETARY
Ordinance No. 3341-12.15 Page 3