Loading...
O-2486-2-06ORDINANCE NO. 2486-2-06 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 "CC" CORRIDOR COMMERCIAL DISTRICT AND "PD" PLANNED DEVELOPMENT DISTRICT TO "PD" PLANNED DEVELOPMENT FOR MIXED USES BY ESTABLISHING PLANNED DEVELOPMENT NO. 99 ON 63.24± ACRES IN THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, MICHAEL SEE SURVEY, ABSTRACT NO. 543, AND THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO (THE "PROPERTY'); PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C"; 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 fav 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 District Map of the City of Allen, Collin County, Texas, as amended, be and the same is hereby, amended by granting a change in zoning from "CC" — Condor Commercial and "PD" Planned Development District to "PD" Planned Development No. 99 for mixed uses for 63.241 acres in the T.G. Kennedy Survey, Abstract No. 500, Michael See Survey, Abstract No. 543, and the Rufus Sewell Survey, Abstract No. 875 in the City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the following development regulations: Base Zonin Dg istric[: The base zoning district for the Property shall be "CC- Corridor Commercial. The Property shall be developed and used in accordance with the "CC" Condor Commercial zoning district regulations, except as otherwise provided herein. This Planned Development District shall be considered a "mixed use development." Concept Plans: The Property shall be developed and used in accordance with the Concept Plan attached ' hereto as Exhibit `B," which is hereby approved. Development Standards: The Property shall be developed and used in accordance with the Development Standards attached hereto as Exhibit "C." l� I 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 14th DAY OF FEBRUARY, 2006. APPROVED AS TO FORM: 6� Peter G. Smith, CITY ATTORNEY APPROVED: "f Stephen Terrell, MAYOR ATTEST: Shelley B. George, C, CITY sEMETARY Ordinance No. 2486-2-06, Page 2 EXHIBIT "A" LEGAL DESCRIPTION 1 TRACT 1 BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, the Michael See Survey, Abstract No. 543, and the Rufus Sewell Survey, Abstract No. 875, being located in the City of Allen, Collin County, Texas, and being all of that tract described in deed to Bethany Comer, Ltd. as recorded in Volume 5565, Page 004511, County Clerk's File Number 2003-024133, Deed Records, Collin County, Texas (D.R.C.C.T.), and all of that tract of land known as Surplus TxDOT Properly and being more particularly described as follows: BEGINNING at a point for the intersection of the south right-of-way line of Bethany Drive (a variable width right-of-way) as recorded in Volume 3918, Page 01167, D.R.C.C.T., with the westerly right-of-way line of U.S. Highway. 75 — Central Expressway (a variable width right-of-way), said point also being the most northerly northeast corner of said Bethany Comer; THENCE South 22 degrees 25 minutes 37 seconds East, along said westerly right-of-way line, a distance of 19.73 feet to a point for comer; THENCE South 00 degrees 44 minutes 48 seconds West, continuing along said westerly right -of --way line, a distance of 193.24 feet to a point for corner; THENCE South 06 degrees 48 minutes 27 seconds West, continuing along said westerly right-of-way line, a ' distance of 99.22 feet to a point for comer; THENCE South 13 degrees 05 minutes 02 seconds West, continuing along said westerly right-of-way line, a distance of 223.84 feet to a point for comer; THENCE South 07 degrees 10 minutes 22 seconds West, continuing along said westerly right-of-way line, a distance of 237.76 feet to a point for comer; THENCE South 13 degrees 14 minutes I1 seconds West, continuing along said westerly right-of-way line, a distance of 1,520.76 feet to a point for corner; THENCE North 88 degrees 51 minutes 08 seconds West, departing said westerly right-of-way line and along the southerly line of said Bethany Comer, a distance of 591.69 feet to a point in Watters Branch, also known as Little Rowlett Creek, for the southwest comer of said Bethany Comer, THENCE North 22 degrees 35 minutes 11 seconds East, departing said southerly line and along the west line of said Bethany Corner tract, a distance of 112.42 feet to a point for comer; THENCE North 26 degrees 00 minute 37 seconds West along said west line of the Bethany Comer tract, a distance of 90.60 feet to a point for comer; THENCE North 13 degrees 50 minutes 24 seconds East, along said west line of the Bethany Comer tract, a distance of 63.08 feet to a point for comer; THENCE North 38 degrees 05 minutes 46 seconds East, along said west line of the Bethany Comer tract, a distance of 76.80 feet to a point for comer; THENCE North 07 degrees 54 minutes 51 seconds East, along said west line of the Bethany Comer tract, a distance of 66.45 feet to a point for corner; Ordinance No. 2486-2-06, Page 3 THENCE North 09 degrees 31 minutes 21 seconds West, along said west line of the Bethany Comer tract, a ' distance of 95.41 feet to a point for comer; THENCE North 35 degrees 11 minutes 40 seconds West, along said west line of the Bethany Comer tract, a distance of 148.76 feet to a point for comer; THENCE North 23 degrees 31 minutes 00 seconds West, along said west line of the Bethany Corner tract, a distance of 264.82 feet to a point for corner; THENCE North 01 degree 55 minutes 19 seconds West, along said west line of the Bethany Corner tract, a distance of 126.78 feet passing a point for the common southeast corner of that tract of land known as Angel Field East described in special Warranty Deed to Emerson Farm Company, LTD., as recorded in Volume 5034, Page 00158, County Clerk's File Number 2001-0136720, D.R.C.C.T., and northeast corner of that tract of land described in deed to Southwest Guaranty Trust Company, Accepting Trustee of the William S. Montgomery Family Trust 1994 as recorded in County Clerk's File Number 1996-0105327, D.R.C.C.T., and continuing along said west line of The Bethany Comer tract, for a total distance of 232.76 feet to a point for corner; THENCE North 31 degrees 34 minutes 38 seconds West, along said west line of the Bethany Comer tract, a distance of 221.83 feet to a point for corner; THENCE North 41 degrees 03 minutes 02 seconds West, along said west line of the Bethany Comer tract, a distance of 119.12 feet to a point for comer; ' THENCE North 00 degrees 15 minutes 24 seconds West, along said west line of the Bethany Comer tract, a distance of 76.57 feet to a point for comer; THENCE North 57 degrees 36 minutes 18 seconds East, along said west line of the Bethany Corner tract, a distance of 59.10 feet to a point for comer; THENCE North 20 degrees 16 minutes 18 seconds West, along said west line of the Bethany Comer tract, a distance of 98.35 feet to a point for comer; THENCE North 37 degrees 11 minutes 26 seconds West, along said west line of the Bethany Corner tract, a distance of 74.57 feet to a point for corner; THENCE North 17 degrees 50 minutes 06 seconds West, along said west line of the Bethany Comer tract, a distance of 87.75 feet to a point for corner; THENCE North 39 degrees 45 minutes 32 seconds East, along said west line of the Bethany Comer tract, a distance of 97.75 feet to a point for comer; THENCE North 14 degrees 04 minutes 38 seconds West, along said west line of the Bethany Comer tract, a distance of 170.25 feet to a point for comer; THENCE North 55 degrees 07 minutes 42 seconds West, along said west line of the Bethany Comer tract, a distance of 89.26 feet to a point for comer; ' THENCE North 32 degrees 30 minutes 52 seconds West, along said west line of the Bethany Comer tract, a distance of 75.76 feet to a point for comer; THENCE North 00 degrees 51 minutes 12 seconds West, along said west line of the Bethany Comer tract tract, a distance of 92.75 feet to a point for comer; Ordinance No. 2486-2-06, Page 4 THENCE North 33 degrees 59 minutes 13 seconds West, along said west line of the Bethany Corner tract, a distance of 86.10 feet to a point for comer, said point being the common most easterly northeast corner of said Angel Field East tract and the most westerly northwest comer of said Bethany Corner tract; THENCE South 88 degrees 45 minutes 46 seconds East, along said south right-of-way line of Bethany Drive, a distance of 126.42 feet to a point for comer, THENCE North 54 degrees 01 minute 27 seconds East, continuing along said south right-of-way line, a distance of 101.03 feet to a point for corner; THENCE South 88 degrees 44 minutes 42 seconds East, continuing along said south right-of-way line, a distance of 1352.21 feet to the POINT OF BEGINNING AND CONTAINING 2,348,208 square feet or 53.91 acres of land, more or less. This description is not part of a signed and sealed survey. This description does not represent a survey performed on the ground and is not intended to be used as a recorded document for conveyance. Ordinance No. 2486-2-06, Page 5 TRACT2 ' BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, in the City of Allen, Collin County, Texas, and being all of that tract of land described as Green Property, Tract A and Tract B in Special Warranty Deed to Emerson Farm Company, LTD., as recorded in Volume 5034, Page 00158, County Clerk's File Number 2001-0136720, of the Deed Records of Collin County, Texas (D.R.C.C.T), and being mom particularly described as follows: BEGINNING at a point for the northeast common comer of said Tract A and southeasterly comer of that tract of land described in deed to Marian M. Montgomery by Special Warranty Deed as recorded in County Clerk's File Number 1997-0065172, D.R.C.C.T., said point also being on the west right-of-way line of U.S. Highway 75 — Central Expressway (a variable width right-of-way); THENCE South 13 degrees 12 minutes 08 seconds West, along the east line of said Tract A and said west right-of-way line, a distance of 975.14 feet to a point for the common southeast corner of said Tract A and northeasterly comer of that tract of land described in deed to Marian M. Montgomery as recorded in County Clerk's File Number 1997-0051411, D.R.C.C.T.; THENCE South 88 degrees 17 minutes 43 seconds West, departing said west right-of-way line and along the south line of said Tract A, a distance of 123.54 feet to a point for corner; THENCE North 15 degrees 53 minutes 44 seconds West, departing said Marian M. Montgomery Tract and along the west line of said Tract A, a distance of 40.00 feet to a point for a common southwesterly corner of said Tract A and the southernmost comer of said Tract B; ' THENCE North 81 degrees 17 minutes 22 seconds West, along the south line of said Tract B, a distance of 153.12 feet to a point for comer; THENCE North 24 degrees 31 minutes 07 seconds West, a distance of 98.09 feet to a point for comer; THENCE North 13 degrees 23 minutes 27 seconds West, a distance of 242.79 feet to a point for corner; THENCE North 15 degrees 38 minutes 37 seconds East, a distance of 377.51 feet to a point for corner, THENCE North 02 degrees 21 minutes 05 seconds East, a distance of 214.03 feet to a point for the northwest comer of said Tract B; THENCE North 89 degrees 18 minutes 57 seconds East, along the north line of said Tract B, a distance of 75.77 feet to a point for the common comer of said Tract B and Tract A; THENCE South 88 degrees 18 minutes 53 seconds East, along said the north line of said tract A, a distance of 419.28 feet to the POINT OF BEGINNING AND CONTAINING 406,544 square feet or 9.33 acres of land, more or less. This description is not part of a signed and sealed survey. This description does not represent a survey performed on the ground and is not intended to be used as a recorded document for conveyance. Ordinance No. 2486-2-06, Page 6 I MICHEAL SEE SURVEY 58OF 126.42' RBST. 543 POINT IN 126.42' BEGINNING BETHANY DRIVE TRACT N3869'013'1'1 _ ------(VAMPLE wpTN RII -OF-WAY). I 14'4rE 1352.21___ SYI9T3 �.. rE �9' _.____.' ND92.75'' 5019324'1 19324' 92.75' N5101.037'E sO69.22' 1 j 1 N72T5062'w 101A3' 9g,21Y V 8926' N397.75' E 513'05'027 945.3 223.64' {{ NI170.2687 N2016'18'll 50770'2 f NIr50'o6'W 5" 237.76 C 87.75' N00'IS'24'N # N3r11'26'W 76.57' 74.57' ,�N3174.38'W sy4y a5T 36'18'E 221.83' 59.10' ` 53.91 Ac. SVj N41'03'027 T � Li 5 q �N01.2.76'W 119.12' 232.76' "�i� 0 -f� e_ Ise]=, m N35'11'40'N T.G. KENNEDY SURVEY `�"$�[ 146.76' ABST. 500 N09'71'21'W • F' Nor54'51'E x''41 66.45' N2 9p 60?� i RTB•D5'46' N22'35'11'E N88'S1'OB7 POINT OF 591.69' BEGINNING 76.eoj ttz4z• �.._.._..� NN13.50'24'E NO2'21'05'E 588.18'5] TRACT 2 63.08' 214A3' 419.28' ' Nl5'36.37'E " N89.18'5TE �q 377.51" �% 75.71" % EXHIBIT A "'"` -is M3'23'27'W �s88'17.43'N�I OF AN 242.79' L 12 4" ' 53.91 ACRE TRACT N2W11 ' ' AM A 98.09, 96.09• 9.33 ACRE TRACT N81'17'22'W LOCATED N THE 153.12' T.G. KENNEDY SURVEY, ASST. NO. 500, M553'44'W NCHEAL SEE SURVEY, ASST. NO. 543 SCALE V=500' 40.00' AND 0 .. 750 1. 1500 SCALE N FEET RUFUS SEWELL SURVEY, ABST. N0. 875 NOTES COLLIN COUNTY,TEXAS CITY OF ALLEN 1) Basle of Beminys Is Texas State Plane Coordinate BY System, 1983 (1993), North Central Zone 4202, based upm GPS measurements from Trlanwlaflon Statlon NALFF ASSOCIATES. INC. Roa'. Conxwn.e any. at •1. -1, .00 Deo re.. 8616 NORTHWEST PLAZA DRIVE DALLAS. TEXAS 752M 52 Mlnutes 30.1 S..mtle. Grid to surf... c nver.[an SCALE,1�500' AVO.22537 JANJARY.2006 1. 1.000152710. 2) This exhlbit Is rot part of a signed and sealed survey. Thls exhlClt does not G/ represent a survey performed on the ground and Is not Intended to be used as V my part of a recorded document. \22000¢\22537\DGN\, DGN=537exh1t01.dp REF= UpdateFarm.dgm 04111BLX20.dpy Ordinance No. 2486-2-06, Page 7 1 EXHIBIT"C" DEVELOPMENT STANDARDS ' The Property shall be used and developed in accordance with the following development standards: A. Concept Plan: The Property shall be developed and used in accordance with the Concept Plan. Minor amendments to the Concept Plan, as deemed by the Director of Planning, may be approved by the Director of Planning. Any decision of the Director of Planning to disapprove an amendment to the Concept Plan may be appealed to the Planning and Zoning Commission, which shall approve, deny or modify any such amendment to the Concept Plan. 1 1 B. Zoning Development Standards: Uses: The only uses permitted on the Property are as follows: Use permitted in district indicated Use prohibited in district indicated. Use may be permitted upon approval of Specific Use Permit Use may be permitted upon approval of Specific Use Permit (Conditional) Use may be permitted as temporary use. TYPO OF USe PIOPRMED DOE ACIC nWNFOCNRE AOULI WKSTORE I ADULT OAY CAPE AGRG UNT URAL USE AIRPORT S AMUSd.. INiLOMMLI# CMECLL 5G S ANTIQUE SHOP % APPAREL S PEW mMANUFALTUHF T ASSISIFELIANG % ARTISANS.WOARUST STUMO % AM FAINTING OR NOOTSHOP I AM PAM SALES AUTOMOT XF REPAIRS. MOOR % AUTOMOTM REPAIRS SO NOR I AUTOMMME SYFS S SEIMCE I EMERY "HOLESUD A BATTERY MI CONFLLTIONERT A BANNS AIR] FINANCIAL INSTRUTIOXS % BED S BREANEAST % BEERAIN I IMXEPALNAGF SOIFS THM,O% OF RVnNE F REed RER 1 AND: A % HIC(CLE SHOP.REPAIR PER % SIWHNGUWM BOAT DISPLAY SALES AND REPAIR BOATSTORAGE SEEK CARO OR XOWLW SHOPS % R OTRI IG MOR NO S OST RIOUTION T HUILONL MATERALSSALES Mmr BUIL 3N1 MATFPIALS SALF9 BULK HANDLING FACILITY BUS SIARONVIERMIN#S LM riAAH A CARNIM OR CIRCUS T CARPENTRY PAINTING SHOP % CATERING % CEMENT. LIME. GYPSUM NP NUFACTURE LEMEI M CNFXIL#S S ALLIED PROOIC IS rypeause PmPmel COE CHURCH UPINUFOR RECFORY CONIC MEDICAL I DEAL COXEORWOOOYARO COLLEGFORUNIPWRNTY CCMMUNNYLEXTFR S ED.. RETE NATCX PLANT XON -TEM tlNO LaMa. n,mm..a Nnr.aAa,,.n�•P iuJnlwlnxnun T COXGRFGATER E. C000OFFICE T ONTRACRS)TAR T CONVALESCENT CENTER S GUHFALE9CMO CENTER UR NUR]XC XONF N COXYLNIFXCFSIDRF I LOUNWTQUM DAY CAPE % TAKENT RDI FFR OR OISCOU XI ]TORO ORUE I ST I DRUGSLPREORPIWRMMCT DRUGS, INIFMACFMCLL. YFO OWFWXG COX WIAINUM A OMEWMG M % EWXG]GYYAO A OMEWNG ONGLI&PARILTRAETACHIFFA ENNI TMO.FANILY % EIE TPGAL EHE XT PURUC ELECTRONIC A45mINLY MUIPMCNTRFNTAL FAM%LS OR XEEDIFTORN SHOP % FAIRGROUNDS OR MIOEO T F#FRYNOME FARM IMPLEMENT S#6 AND SERACE FARMS WO XURSM116 FAT RENOEMN4 ANIMALREOUCIIOX FIREAPMSSALE.WOSERACE A HFNFSSANOHE#TNCEXTER A FLEAMARNET T FLORIST % F�Op PROLES&NG EA Inpp SFRNCE FnRFSI RY Ordinance No. 2456-2-06, Page 9 I i':,, of Use PIo0WP1 CBE FORGE PLANT FRATERMILORG.. LODGE CMCCLUM X FUELING STATION FUNMAL HOMESANO MORTUARIES % FLRNNRE:APPLYNCE MMES S GANAGE PUBLIC FORMING S GO"OURSE S OOLFCOURSE PUBLGI X GROCERY % GWML411[11THLElICS X HARVMME STORE A HATCHERY, POULTRY E6 FAN S .EAW MALNN6R 8KM3Mi0R40F HELIPORT HEuarov a 119M T HOSPICE 9 H X HOTEL X OLO X LABORATORIES 010SAELEVEL 9 LABORATORIES 0 SAFETY LEVE a T LABORATORIES 81AFFW IFVaA LABORATORIES ABODENTAL I LAUNDRY LEANINIMLF LNNORY�CLFANMG PLANT COMMERCIAL LAUNDRYCLFANMGPLANT REIMLMPWUP I LAUNDRYDRYCLE,hMING, RLMUPONLY X LAM EQUIPMENT SAM S REPAIR UMTOCNAUCNON I LYCHINE SHOP OR WOLDIMG I.YINTENANCE &STORAGE FNNTI MANUFACTURED HOUSING UNIT S M.ANUFNTUREOORNONLF WMEv11M S MANUFACTURING HEAW S MANUFACTURING FIGHT MASS TRANSIT COMMUTER PICKIP 8 MASSAGE PARLOR X MICRO BREMRY X MINING Type al Use PrODGAM GOE IMMW FN10160.1Y1SAM MON IM FNi GL6 MCI ORI SFIMCE % OUG TTERMI MOTOR iRMGHt TERMINAL PULSE ON LIRRMT YR GALMOTIP-INAM % NURSERY RIVAL PLANT % NURSING HOME 8 OFFICE SHOwROOMMAREHOUSE OFFICE USE M OUTDOOR PRODUCE MARKET T PARK OR PLAYGROUND MI S axovs PUTCONTROLSERMIRE PFTROLEW DUCTS R W MXaE PLATFlELORSTADIUM 8 PRINTING OR WINNOWERES1Aa WE END PWR % UGLICMFACILITY I RADIO ORTVPRHMCAM SNM I RNLRON)F STATION REAL E9IATESAM OFFICE TRIMP. T RECREATONCNP RECREMON CENTER RENTAL AUTOFEEL FIR. TRUCK RESTAURANT ARMINOR RESTAURANT I{MOLG ORTHR I WATECLUB RETAURANEt K OX(AT .I MORN T;QOO a.f MAL MORE I MIND GRA MINING OR STORAGE MIND 09 SLNIINTLAMDFRL LANDFI 9CH00 PLSINESSAND TRADE S SCHUO PROPRIETAMOR �XONIHAOONLL S SCHOOL -PUBLIC S SEE BUSINESS MN NOP SPFCIMTjHUAM FUNGUSz, MA �.1. I SPENMl.m. FWUs>I BOF ..I. X Ordinance No. 2486-2-06, Page 10 I type a use Pr°DMW G S9¢iINOOfO BORM Y9 Comments SL STXOCNYPR090118LYIGHEWInu9F YIIM OR IEXXI9 LIUB 8 8/XM POOL, 711 TmuE HM Lot Depth (in feet) None 1. IM SLUOIO W MMZ, / TEEN cwa Lot Width (in feet) None THFY¢i x TRE RECMnNG Lot Area / Dwelling Unit None T UCNSNF9PXD HFPMR. MM TIIILNSTORIGF Dwelling Units per Acre 4 32 MUCNT[RMINY UPHOLSTERY SHOP Lot Coverage (percent) 95% VFi FM WRT HDSPOY OR CLINIC NDEd REDEYPTIDX YPCNHFS @LINEq \W_NIHOUSU x XLRE ENTER Minimum DwellingUnit Sizes . ft. 600 TO &VAG MRFLXING JUMXOR RUIOBYYAGE YARD MNG. JUN 2. Area and Height Regulations: Ordinance No. 2486-2-06, Page 11 Garden District East —Area and Height Regulations Pro osed Comments Minimum Maximum Lot Area (sq. feet) None Lot Depth (in feet) None Lot Width (in feet) None Lot Lot Area / Dwelling Unit None Dwelling Units per Acre 4 32 Lot Coverage (percent) 95% Minimum DwellingUnit Sizes . ft. 600 FAR Floor Area Ratio % See footnote 5. Park & I to a Open Park, Open Space Land / du (sq. feet) see footnote re Space Front Front Yard Setback None Yard 1, 2, 3, 4 Side Side Yard Setback (in feet) None Yard 2,4 Rear Rear Yard Setback (in feet)#(infeet) None Yard'' 4 Height Height (in feet) 270 Regulations Height (in stories) 16 Buildings Fronting on majot) 9 Sidewalk Building Front on minor str 9 Building Side Street in feet 5 Design Standards Building design shall be pedestrian scaled and be consistent with pedestrian friendly principles of design subject to the following: a Building setback / Site design — The Site design should minimize the visual impact of surface parking lots. If geographical, physical, or architectural constraints prevent building placement Ordinance No. 2486-2-06, Page 11 close to the street, greater setbacks may be used. b Buildings shall include pedestrian -oriented uses in the first floor. Effort should be made to provide multi -family or office uses above commercial uses. C Building mass shall be broken up in order to liven up the experience of pedestrians and visitors, and to avoid the construction of monotonous spaces on this public thoroughfare. d Building facades shall provide ample fenestration in order to bring the life of the interiors outdoors, and to invite transit riders, drivers, and pedestrians into the establishments. Ground - floor commercial uses shall have glazed areas appropriate to the interior functions of the space, the building fagade, and the streetscape. Building facades shall provide a consistent architectural theme similar to the manner set forth on the images contained in Exhibit "D" which has been attached hereto for illustrative Proses. Strict compliance with Exhibit "D" is not intended. e Exterior construction materials and finishes should be durable, weather and moisture resistant, and require low maintenance. Brick, stone, concrete, metal, glass and synthetic materials are acceptable exterior materials. Use of wood and non -rustproof metals is permitted but not as primary building material. f The primary entry for all non-residential buildings and ground floor tenant spaces shall be oriented towards the street. Secondary entrances are encouraged for access to parking facilities and pedestrian walkways. Parking structures: a All exposed facades shall be a minimum of fifty percent (50%) masonry (with the remaining fifty percent (50%) masonry, air or glass) without exposed cables and metal traffic barriers, unless otherwise approved by the City Council. To the extent possible, parking structures shall be designed or configured in such a way as to Development Code shall apply, except that any one, or a combination of the following landscaping alternatives may be used to provide for adequate pedestrian circulation and streetscape features (such as planter boxes, benches, or public art). Street trees will be utilized as much as possible to enhance the streetscape character. Landscaping a A 5 -foot landscaping buffer between the sidewalk and curb. b A sidewalk / parkway combination with a minimum 5 -foot landscaping buffer located adjacent to a building. c Additional sidewalk width may be used to extend to the curb when sufficient street trees are provided and located at least one foot back of curb. d Requirements for public streets shall be as stated in the Allen Land Development Code for rcesmenuat accessory use neguumons, Demons r. m.r mrougn a, tu.a win not splay. In situation, me Bra senrence or aernon 4.10.5 will not apply. General Provisions, Section 4.15.1.2. Front Yards; 4.15.1.3. Side Yards; and 4.15.1.3 Rear Yards will not apply. No strumae is permitted within 30' ofUS75 and Bethany Drive or within 15' of Bel Air Drive. More than 1.4 million square foot developed will require updated Utility Service Plan and Traffic impact Analysts prior to approval. Park and Open Space requirements will be determined by a Facilities Agreement approved by the City Council. 3. Parking Requirements a. For purposes of determining parking for uses in this Planned Development District the entire Property is considered one lot. b. A twenty-five (25%) percent reduction in parking is allowed for uses on the Property. Ordinance No. 2486-2-06, Page 12 4. Stacking and Queuing Requirements. ' a. A traffic study shall not he required to determine the stacking and queuing requirements for uses on the Property, except as otherwise provided herein. b. Driveway stacking length is the distance between the street and the new side of the fust intersecting interior aisle or parking stall. The minimum length of stacking shall be as follows: Minimum Stacking at the intersection of private drives, exclusive of drive aisles within parking fields, shall be a minimum of 18 feet in length unless otherwise approved in writing by the Director of Engineering. Driveway stacking from public streets shall be a minimum of 78 feet unless mitigation approved in writing by the Director of Engineering is provided. 5. Parkin¢ Lot Construction Standards. All parking lots and all required fire lanes shall be constructed of concrete in accordance with the City of Allen Design Standards. Alternative materials such as brick, pavestone, permeable concrete, asphalt or similar materials may be allowed upon written approval by the Director of Engineering. 6. Off -Street Loading. a. Within this Planned Development District, loading facilities located on the side of a building but not facing a street are not required to be set back from the front property t line a minimum distance of sixty (60) feet. b. All parking, loading and maneuvering of trucks shall be conducted off-street on private property or within private drives. C. For structures with mixed uses, the number of loading spaces required shall be the number of loading spaces required for the most intensive use and shall not be an aggregate number of loading spaces for each use. d. Section 7.04.2.2c. of the Allen Land Development Code shall not apply to this Planned Development District, except for loading facilities that can be seen from a public street. Multi -family District & Non-residential Landscaping Requirements. a. Surface parking shall be setback from the current property linetrightof--way line of US 75, as shown on Exhibit "A," a minimum of 15' and structured parking shall be setback from the current properly/righto&-way line of US 75, as shown on Exhibit "A," a minimum of 30'. The Property shall be considered conforming in the event additional property is provided for U.S. 75 and such conveyance of land results in a setback of less than 30'. Fences & Walls. In any residential district or along the common boundary between any residential or non- residential district where a wall separation is erected, or where a screening wall or fence is required as provided herein, the following standards shall be observed: Height of Fence or Wall: Ordinance No. 2486-2-06, Page 13 i. Any living plant screen erected or placed in the front yard shall not exceed ' ten (10) feet in height above grade, or as otherwise set forth on a Site Plan approved by the Planning Director. No fence or walls above 96 inches, structures or buildings shall be allowed in the front yard, or as otherwise set forth on a Site Plan approved by the Planning Director. ii. Any fence, wall, or living plant screen erected or placed behind the minimum required front yard line may be erected or maintained to a maximum height of twelve (12) feet above the adjacent grade, or as otherwise set forth on a Site Plan approved by the Planning Director. iii. No fence, screen, wall or other visual barrier shall be placed in such a manner as to obstruct the vision of motor vehicle drivers approaching any street intersection. At all intersections, clear vision shall be maintained across the corner for a distance of 45 feet back from a projected curb line corner along both intersecting streets. iv. No fence, screen, wall or other visual barrier shall be placed in such a manner as to obstruct the vision of motor vehicle drivers approaching any alley intersection. At all intersections of an alley with a street, clear vision shall be maintained across the comer for a distance of 20 feet back from a projected curb line comer along the intersection of the alley and street or, as otherwise set forth on a Site Plan and as approved by the Director of Engineering. ' V. Sight distance shall he based on the design speed. A minimum sight distance of 600 feet shall be maintained at all public street intersections unless otherwise approved in writing by the Director of Engineering. 9. Construction of Screening Walls or Visual Barriers. a. When screening walls are required by this Code, an approved eight (8) foot masonry wall, or alternate design approved by the Planning Director, shall be required. b. Subdivision or Development Entry walls shall be located within a dedicated private easement of not less than five feet (5'-0") in width at a location approved by the city. No structure shall be permitted which obstructs visibility within the public rights-of- way. C. Traffic barriers shall be a minimum of three and one-half feet (42") in height and approved in writing by the City Traffic Engineer where: • two streets are in close proximity to each other; or • an alley is adjacent to City of Allen park land or open space; or • an alley is adjacent to a street. d. All required screening shall meet clearances required by affected utility companies. Wall -mounted equipment, including meters (such as banks of electric meters on the ' rear or side wall of multi -tenant buildings), shall be screened from public streets by one of the following methods if such equipment is visible from a public street, or as otherwise set forth on a Site Plan approved by the Planning Director: Landscaping, including trees or evergreen shrubbery. Ordinance No. 2486-2-06, Page 14 ii. Masonry walls in conjunction with landscaping. ' iii. Wall -mounted screening devices, such as cabinets or partitions that are architecturally compatible with the facade. 10. Utilities a. All new residential utility installations, including, but not limited to, electrical, gas, television, and telephoneltelecommunicationbut excluding wireless, "wi-fi," and satellite facilities, shall be placed underground. b. All new non-residential utility installations, including but not limited to electrical, gas, television, and telephoneltelecommunication, but excluding wireless, "wi-fill, and satellite facilities, shall be placed underground Primary and secondary service routed on the site shall be placed underground. C. All new construction within the public street rights-of-way shall be located underground. Where a street is scheduled for reconstruction, new development may be required to provide an escrow of the difference between overhead and underground service. d. Nothing herein shall prevent temporary service during construction from being located overhead. ' e. New development shall assume responsibility for all expense related to the underground placement of utilities unless otherwise such responsibility is assumed by the service provider or provided in a cost-sharing agreement. f. Utility new meters and other utility apparatus, including but not limited to transformers and switch boxes, shall be located to the rear of the structure unless adequately screened from view from public streets and adjoining properties and suitable for access required for service and maintenance. Adequately screened from view shall include screening walls as well as the utilization of landscaping and other site elements. g. Electrical transmission 59 Kilovolts or more may be located overhead 11. Screening Walls or Visual Barriers Required. A screening wall shall be erected or placed in all locations and in accordance with the following provisions: a. A screening wall must be eight (8) feet in height and composed of masonry. b. All openings in the wall shall be equipped with gates equal in height and equivalent screening characteristics. C. All approved screening walls required for an individual building or use must be erected prior to the issuance of a Certificate of Occupancy for such building or use. d. All screening walls shall he maintained in a neat and orderly manner as a condition of use. Failure to adequately maintain such screening wall is cause for revocation of the Certificate of Occupancy for the building or use which is not maintained in a neat and Ordinance No. 2486-2-06, Page 15 orderly manner. ' e. Screening walls or visual barriers are required adjacent to existing residential uses and shall be placed and maintained by the property owner at the following locations: i. Along any property line or district boundary between any single-family detached or attached or any two-family use and any multi -family, mobile home park, commercial, or industrial use, but not across a dividing street between such uses. ii. Along any property line or district boundary between any multi -family use and any commercial or industrial use, but not across a dividing street between such uses. iii. Along any arterial or collector adjacent to the rear property line of residential lots or adjacent to a rear alley serving residential lots. iv. Along the side yard of any residential lot adjacent to any arterial. V. All allowed open storage or materials, equipment, or commodities shall be screened from view from all streets. Materials, equipment, or commodities shall be stacked no higher than one (1) foot below the top of the screening wall or visual barrier. vi. Garbage, trash, or refuse containers shall not be located in front of the main building, and shall be screened from view of the public. vii. All loading facilities facing any street shall be screened from view from the street. viii. An alternative to these provisions may be allowed by the Planning Director, but would be limited to wrought von (or aluminum) with masonry columns, board on board fencing with masonry columns at a maximum of 100 -foot spacing, with a mow strip and allowing no ground contact for non -masonry materials, landscaping and berming, or a combination thereof. Requests for alternates must be accompanied by supporting elevations and diagrams. Requests for alternates not listed herein will require City Council approval, after a positive recommendation by the Planning & Zoning Commission. 12. Signage. All signage shall comply with the Signage Details attached as Exhibit "E" and meet the regulations of the Allen hand Development Code except as provided below. Freestanding signs oriented to exterior of the development: Along Bethany Drive the development shall be allowed one primary and one secondary multi -tenant free-standing detached monument sign. Ib. Along Central Expressway the development shall be allowed one primary multi - tenant free-standing detached monument sign and two secondary multi -tenant free- standing monument signs. No poles signs shall be allowed. Ordinance No. 2486-2-06, Page 16 C. Each out -parcel oriented to a public street shall be treated as a separate lot for purposes of signage and will be allowed its own single tenant monument sign. ' Building signs oriented to interior of the development a. One (1) Primary Storefront Identification Sign mounted to the tenants building face and one (1) Secondary Sign such as a Projecting Tenant Sign or Canopy Mounted Sign or other graphics treatment is allowed at each Tenant storefront elevation, which excludes facets of bay windows and the second story of a two-level Tenant. When a storefront has two or more elevations, a second major storefront identification sign and secondary sign, such as a canopy mounted sign and a projecting tenant sign, shall be allowed. b. Each parking garage elevation shall be allowed one development identification sign that meets the Attached Sign requirements of the Allen Land Development Code. C. No Tenant Sign in a linear format shall exceed 75% of the width of the Tenants lease space for the facade on which it is to be installed. d. No tenant sign shall obstruct or infringe upon any adjacent tenant space, loft space or public walkway area. e. The following types of sign components and devices shall not be permitted: i. Flashing, oscillating and moving signs (except as provided below). ii. Decals and lettering on Tenant show window glass, door glass or any other ' part of the storefront with the exception of store names, store hours, address and emergency phone numbers. iii. Temporary signs, posters, notices, announcements or advertisements. iv. Portable advertising signs. f There may be sign designs where animated components or flashing lights are integral to the character of the design. In those instances the sign may be permitted with written approval of the management company / landlord. Such signs shall not be visible from public streets adjacent to the development. g. All illuminated signs may have the light source contained within the lettering thereof or from an adjacent light source such as spot lighting. All signage and graphic lighting shall be controlled by a 7 day, 24 hour time clock. h. Service doors to tenant areas throughout the development shall have standard identification only (i.e. tenant name and address). L The application for sign permit shall include two (2) sets of Shop Drawings (of which one must be in color), prepared by its Sign Fabricator. Shop Drawings most include full dimensions, letter style and type, face (color, material and thickness), returns, type of lighting, brightness, electrical engineering, mounting hardware, transformer ' location and access, and placement of sign drawn to scale on the fascia. All applications must depict the mounting method and hardware required for the sign. Ordinance No. 2486-2-06, Page 17 13. Subdivision Regulations ' a. Development of the Property may include "private drives" which are defined, for purposes of this Planned Development District, as privately -owned driveways with publicly dedicated access easements which are constructed in accordance with the standards set forth in this ordinance and accepted by the City. A private drive is not a public or private street. The private drives and other access ways shall be generally provided in accordance with the Concept Plan. b. Permits: No construction activity shall take place within the 100 year floodplain except open space amenities including, but not limited to, trails, fountains, pond; wetland mitigation; and other improvements approved in writing by the Director of Parks and Director of Engineering. Any floodplain reconfiguration shall be approved by the Planning and Zoning Commission. C. Design Standards. The City Engineer may approve traffic calming devices on the Property. d. Thoroughfare Design Standards Checklist Thoroughfare Design Standards STREETS* Number of Through Lanes Through Lane Width ft Number of Left Tum Lanes Left Tum Lane Width ft 1 GDE PD 0 dinance - Proposed Fire Lane All Other Private Internal_ Streets & Roads . 2 Varies 11 Min 11 Min Varies Varies 11 where occurs 11 where occurs Ordinance No. 2486-2-06, Page 18 i -I y -�'�ft� �Tm I. . a � ly I �� � A ,t�� �� "Y RIf" + }; °� �` ` ''� 9 0 —� j (' r ' ..meg " � u�� ' k "'^i�,'+�at � _ �}�'. �/ •�j��e k @V t � P� ) � �Q iFj-p � � Ii'� � 14��Y k .. � � y ... i � �� � it" -'n _ 9,. iih is y� 5�� �„ � i #� v �� �'Y%� ����� c Fifd^����+ � j'V' r"" �._i `� � %t; `' _ �' `� :s �.- � � �. .9. ' 1 Y i rE_ 1^ �. I �a W a F E. �W w d z v m y I I F, 1 e �3 it 1 i