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O-2922-6-10ORDINANCE NO. 2922-6-10 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 AND ADOPTING A CONCEPT PLAN FOR A PORTION OF TRACT 7 OF "PD" PLANNED DEVELOPMENT NO. 58 DESCRIBED IN EXHIBIT "A" HERETO AS ESTABLISHED BY ORDINANCE NO. 1409-3-96; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABH.FI1' 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 of the City of Allen 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 Code and Zoning Map of the City of Allen, Texas, as previously amended be amended, by amending the development regulations and adopting a Concept Plan for a 67.115± acre tract of land in the Lewis Weisel Survey, Abstract No. 978 and the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas, said tract being described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"), and further being a portion of Tract 7 of Planned Development 58 as established by Ordinance No. 1409-3-96. SECTION 2. The Property shall be developed and used only in accordance with the Development Regulations set forth in Exhibit "B" of Ordinance No. 1409-3-96 to the extent applicable to Tract 7, and the regulations for the use and development of property located in a "CF" Community Facilities zoning district, as identified in said ordinance, subject to the following additional regulations: A. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit `IL" attached hereto and incorporated herein by reference. Minor modifications to streets that do not alter the general alignment shown on the Concept Plan may be approved by the Director of Planning and Development and/or Director of Engineering, as appropriate, at the time of City's approval of the final construction plans. B. MAXIMUM BUILDING HEIGHT: Maximum Building Height shall not exceed one hundred and twenty five feet (125') measured from exterior grade at the building perimeter. C. EXTERIOR BUILDING MATERIALS: The building to be located on the Property shall be constructed substantially as set depicted in the Building Elevations and Building Sections set forth in Exhibits "C" and "D," respectively, attached hereto and incorporated herein by reference. Exterior Building Materials shall be comprised primarily of masonry, architectural smooth prefinished aluminum composite material panels, architectural horizontal patterned prefinished metal panels and commercial glazing systems. No more than seventeen percent (17%) of total building fagade shall be comprised of metal, excluding fencing, roof coping and canopies. D. LANDSCAPING: The Property shall be landscaped in accordance with the Allen Land Development Code, Article VII Zoning Development Standards, Section 7.05.2 Multifamily District and Nonresidential Landscaping Requirements. E. BIKE TRAILS: The Property shall provide space for a future ten foot (10.0') wide hike and bike trail. Space provided for future trail shall be in conformance with the City of Allen Trail Standards and Allen Parks and Trail Implementation Plan. F. SIGNAGE (Scoreboards): The Scoreboards to be constructed shall be designed and located substantially as illustrated in the Scoreboard Elevations set forth in Exhibit "E," attached hereto and incorporated herein by reference. North side of double sided Primary (South) scoreboard sign to be stop motion LED, with a video display no larger than twenty- two feet (22.0') high by forty feet (40.0') wide. The South side of Primary (South) scoreboard sign to be painted with school graphics and slogan. The North side of the double sided Secondary (North) Scoreboard shall have a marquee sign to be LED with programmable fade/scroll message and graphics with a video display no larger than eight feet (8-0') high by eighteen feet (18.0') wide. The changing of the fade/scroll message and graphics on the North side of the double sided Secondary (North) scoreboard shall occur no more than once per hour. G. SIGNAGE (Buildine identification): Building identification signage shall be face -lit, ' acrylic faced can letters. Maximum area of any one sign shall be four hundred (400) square feet, excluding any logo or graphics. Maximum character height shall be five feet (5.0') high, excluding any logo or graphics. Building identification signage shall be allowed on no more than three (3) exterior fagade locations. Location of signage and size of any logo or graphics receive the approval of the Director of Planning & Development or designee prior to installation. H. CELLULAR TELEPHONE TOWER: A cellular phone tower may be constructed on the Property at the located indicated on the Concept Plan and subject to the following: (1) The height of cellular tower shall not exceed one hundred twenty-five (125) feet; (2) The dimensions of the cellular tower site shall not exceed 50 feet x 50 feet; (3) The cellular tower site must be screened with an eight (8.0') masonry wall around the entire site save and except for necessary access gate, with said gate to be designed in a manner to prevent viewing the interior of the site when closed; (4) Landscaping shrubs shall be planted on the exterior side of the masonry fence; and (5) The screening wall masonry and landscaping shall match the style, color, and materials of the existing masonry of adjacent structures and landscape materials. ' I. TEMPORARY CONSTRUCTION SIGNS: Two (2) temporary construction signs designed in a manner substantially as illustrated in the Temporary Sign Plan attached hereto as Exhibit "I"' and incorporated herein by reference, with one (1) sign to be located on the Property along Greenville Avenue and one (1) sign to be located along Exchange Parkway. Ordinance No.2922-6-10, Page 2 The temporary construction signs must be set back a minimum of fifteen (15) feet from the Property boundary, but in no case shall a sign be located in any street right of way or other ' areas where signs are prohibited by applicable City ordinance to be located. The maximum sign dimensions shall as follows: 1. Sign face shall not exceed eight (8) feet tall and sixteen (16) feet in width; and 2. Maximum overall sign height shall not exceed fifteen (15) feet. SECTION 4. Planned Development No. 58, as established by Ordinance No. 1409-3-96 shall continue in full force and effect, except as amended by this Ordinance. SECTION 5. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 6. 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 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. ' SECTION 8. Any person, firm or corporation violating any of the previsions or terns of this ordinance shall be subject to the same penalty as provided for in Allen Land Development Code 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and after its passage and publication in accordance with the previsions 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 22n° DAY OF JUNE 2010. APPRO tephen rrell, OR APPROVED AS TO FORM: ATTEST: Peter G. Smit , CITY ATTORNEY Shelley B. George, C, CITY SECRETARY Ordinance No.2922-6-10, Page 3 Exhibit "A" ' Legal Description of the Property BEING a tract of land situated in the Lewis Wetsel Survey, Abstract No. 978 and the Henry Wetsel Survey, Abstract No. 1026 in the City of Allen, Collin County, Texas and being all of Lot 2, Block A, Allen Educational Park, an addition to the City of Allen as recorded in Cabinet K, Page 465, Plat Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the intersection of the south line of Exchange Parkway and the east line of Rivercrest Boulevard, being the northern most comer of said Lot 2, and being a point on a curve to the right having a radius of 1,847.36 feet, a tangency of 27.88 feet and a central angle of 01043,46"; THENCE, in an easterly direction with said south line and said curve to the right for an arc distance of 55.76 feet, (Chord Bearing S 72020'17" E, 55.76 feet), to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE, South 7102824" East, continuing with said south line, for a distance of 1,199.57 feet, to a 1/2 inch iron rod found at the intersection of the south line and the west line of Greenville Avenue; THENCE, South 22047130" East, with said west line, for a distance of 15.36 feet to a 1/2 inch iron rod found; THENCE, South 23023'22" West, continuing with said west line, for a distance of 28.46 feet to a 1/2 inch iron rod found; ' THENCE, North 89°49'15" West, departing said west line and with the east line of said Lot 2, for a distance of 505.88 feet to a 1/2 inch iron rod found at an interior ell corner of said Lot 2; THENCE, South 00°18'16" West, continuing with said east line, for a distance of 1,362.88 feet to a 1/2 inch iron rod found, being in the west line of said Greenville Avenue; TFIENCE, South 18059'59" West, continuing with said east and west lines, for a distance of 200.59 feet, to a 1/2 inch iron rod found at the point of curvature of a curve to the right, having a radius of 2,840.00 feet, a tangent of 287.15 feet and a central angle of I1°32'49'; THENCE, continuing with said east and west lines, and with said curve to the right for an are distance of 572.36 feet, (Chord Bearing S 24°46'24" W, 571.39 feet), to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE, South 3003249" West, continuing with said east and west lines, for a distance of 317.68 feet to a 1/2 inch iron rod found at the intersection of the west line of Greenville Avenue and the east line of Rivercrest Boulevard; THENCE, North 59°47'23" West, in a northwesterly direction with the east line of Rivercrest Boulevard, being the west line of said Lot 2, for a distance of 78.96 feet to a 12 inch iron rod found at the point of curvature of a curve to the right having a radius of 705.00 feet, a tangent of 228.81 feet and a central angle of 35°57'42"; ' THENCE, continuing with said east and west line and said curve to the right, for an arc distance of 442.49 feet, (Chord Bearing N 41048'32" W, 435.27 feet), to a 1/2 inch iron rod found at the point of tangency of said curve; Ordinance No.2922-6-10, Page 4 THENCE, North, 23049'41" West, continuing with said east and west lines, for a distance of 100.00 feet to a 1/2 inch iron rod found at the point of curvature of a curve to the left, having a radius of 645.00 feet, a ' tangent of 159.41 feet and a central angle of 27°45'50'; THENCE, continuing with said east and west lines and said curve to the left, for an are distance of 312.55 feet, (Chord Bearing N 37042'36" W, 309.50 feet), to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE, North 51035' 31" West, continuing with said east and west lines for a distance of 100.00 feet to a 1/2 inch iron rod found at the point of curvature of a curve to the right having a radius of 955.00 feet, a tangent of 1,424.84 feet and a central angle of 112020'09'; THENCE, continuing with said east and west lines, and with said curve to the right for an arc distance of 1,872.40 feet, (Chord Bearing N 0494'33" E, 1,586.59 feet), to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE, North 6004438" East, continuing with east and west lines for a distance of 102.25 feet to a 1/2 inch iron rod found at the point of curvature of a curve to the left, having a radius of 445.00 feet, a tangency of 185.84 feet and a central angle of 45°19'59'; THENCE, continuing with said east and west lines, and with said curve to the left for an arc distance of 352.09 feet, (Chord Bearing N 38004'38" E, 342.98 feet), to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE, North 1508'33" East, continuing with said east and west lines for a distance of 122.20 feet to the ' POINT OF BEGINNING and containing 67.115 acres of land. 1 Ordinance No.2922-6-10, Page 5 Exhibit "B" Concept Plan r S i i 1 ; �E ➢ ix;t o I�dJU 3 E �, t4ig.r?idS i1�% V �e'r isl 1 � r i oili..; i TA�_ oil ai�o im,lalHla 7 ��dai�de �r�w L E�'NIFM9 TI le Ordinance No.2922-6-10, Page 6 I 1 II II Exhibit `B" (con't) Concept Plan ,'I i� i1 � i a ;• � � tl Ij _; �1 1i �+ j a �� ,l l s ,1 �(: i•alii 11 11 �•i 11 M if ii l'di.IF ill 1i• y I t In; 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Sh l 3� SII „ s EQ qE� Ordinance No.2922-6-10, Page 7 0 1 Exhibit "C" Buildine Elevations Q1 Elf!• �U$ Ordinance No.2922-6-10, Page 8 ti r III 1 II V �L[i I I I I ~n �i I) ;1 I I j I j � I I 1 I � Ordinance No.2922-6-10, Page 8 I Exhibit "D" Building Sections Ordinance No.2922-6-10. Page 9 Exhibit "E" Scoreboard Elevations Ordinance No1922-6-10, Page 10 I I I I is li i� I I 111 t;' p i, �F i spa !Nn` I p Ordinance No1922-6-10, Page 10 I 1 C Exhibit "F" Temporary Sien Plan Ordinance No.2922-610, Page 11 41