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O-546-9-84P.D. NO. 26 AND P. D. NO. 8 Ordinance No. 546-9-84 Ordinance No. 373-10-81 HAVE BEEN AMENDED BY THE ESTABLISHMENT OF P.D. 55 (ALLEN CENTRAL JT. VENTURE) u ORDINANCE NO. 546-9-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: "PD" PLANNED DEVELOPMENT NO. 26, ON THE FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 434 ACRES OF LAND, MORE OR LESS, OUT OF THE MICHAEL LEE SURVEY, ABSTRACT NO. 543, THE JAMES WILCOX SURVEY, ABSTRACT NO. 1017, AND THE DAVID NIX SURVEY, ABSTRACT NO. 668, COLLIN COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A CONCEPT LAND USE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City 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 Comprehensive Zoning Ordinance No. 366-10-81 should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following tract of land the following zoning classification, to -wit: That the area be and the same is hereby zoned as "PD" Planned Development No. 26. See Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Use Regulations attached hereto as Exhibit "B" and made a part hereof for all purposes shall be the governing regulations for PD (Planned Ordinance No. 5 4 6- 9- 8 4 - Page 1 Development) No. 26. SECTION 3. That the Concept Land Use Plan attached hereto as Exhibit "C" and made a part hereof for all purposes shall be adhered to in its entirety for purposes of development of PD (Planned Development) No. 26. SECTION 4. That 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, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachment of Exhibits "B" and "C". SECTION 6. That 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 Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 7. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby delcares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 8. That 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, TEXAS, ON THE 20th DAY OF SFPTEMBRR , 1984. Ordinance No. 546-9-84 - Page 2 APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: Marty Hendrix, CiI6 Secretary APPROVED AS TO FORM: Ordinance No. 546-9-84 - Page 3 CITY SECRETARY ug""FFIPU�IP�,L FiLE C"P-Y ALLEN CENTRAL A 436 ACRE FP PLANNED DEVELOPMENT ALLEN, TEXAS September 17, 1984 TOMLIN PROPERTIES 5310 HARVEST HILL ROAD DALLAS, TEXAS 75230 (214) 239-8041 EXHIBITS "A", "B" & "C" TO ORDINANCE NO. 546-9-84 - adopted on September 20, 1984 DEVELOPMENT STANDARDS FOR ALLEN CENTRAL A 436 ACRE FP PLANNED DEVELOPMENT ALLEN, TEXAS The following zoning standards and the attached zoning plan comprise the development standards for this Planned Development District. The total District consists of approximately 436 gross acres (423 net acres) of land located west of Central Expressway and bounded by Central, McDermott Road, Alma Road and Bethany Road. The following lists those tracts identified on the plan. TRACT 1 - Commercial/Office TRACT 2 - Shopping Center TRACT 3 - Community Facilities TRACT 4 - Multi -Family TRACT 5 - Medium Density Residential TRACT 6 - Single Family Residential TRACT 7 - Single Family Residential TRACT 8 - Single Family Residential CITY SECRETARY OFFiCE OFFICIAL FILE COPY PLANNED DEVELOPMENT NO. 26 LEGAL DESCRIPTION OF TRACTS EXHIBIT "A" ORDINANCE NO. 546-9-84 ADOPTED: September 20, 1984 Situated in Collin County, Texas, in the Michael Lee Survey, Abstract No. 543, being a resurvey of part of the 5.36 acres of land described in a deed from Dorothy H. Harris and Jayne H. King to Wallace E. Harris, Jr., dated September 1971, recorded in Volume 901, Page 240 of the Collin County Deed Records, and Situated in Collin County, Texas, in the James Wilcox Survey, A. 1017, the David Nix Survey, A. 668 and the Michael Lee Survey, A. 543, being a resurvey of the 119.914 acres of .land described in a deed from P.G. Henderson, et al to Carl J. Thomsen, dated April 15, 1966, recorded in Volume 677, Page 888, and the 189.5 acres of land described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Volume 572, Pg. 331 of the Collin County Deed Records, and the 82.855 acres of land described in a deed from Vivian Cothes to C. J. Thomsen dated October 19, 1962, recorded Vol. 606, Pg. 419; the 37.466 acre First Tract and the 1.831 acre Second Tract described in a deed from Louise Angel Nicholson to C. J. Thomsen, dated July 10, 1964, recorded in Vol. 638, Pg. 264, all deed of the Collin County Deed Records: TRACT I - COMMERCIAL/OFFICE Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded Vol. 572, Pg. 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the center of Bethany Road; Thence East 1,000 feet along the centerline of Bethany road to the POB; Thence northerly generally following a creek as follows: N 050 W 550 feet; N 370 45' W 320 feet; N 23° 30' E 870 feet; N 750 W 255 feet; N 23° 45' W 360 feet; N 160 30' E 600 feet; West 305 feet; North 630 feet; West 900 feet to the Southeast corner of a 3 acre tract belonging to Collin County and known as the "Farmers Market"; Thence North along the east line of said Collin County tract 361.5 feet to a point in the centerline of Farm Road 2170; Thence East with said centerline 1,280.25 feet to a point for corner; Thence South 807.48 feet to a point for corner; Thence S 890 37' E 735.0 feet to a point for corner; Thence N 00 44' E 888.9 feet to a point in the centerline of FM 2170; Thence S 891 59' E 391.46 feet; Thence S 00 31' 44" W 14.42 feet; Thence N 890 45' 27" E 166.54 feet; Thence S 00 56' W 989.8 feet; Thence S 891 24" E 170.33 feet; Thence N 530 40' 06" E 66.7 feet; Thence S 890 24' E 363.0 feet; Thence S 00 17' 37" E 1,202.56 feet; Thence S 880 48' W 31.24 feet; Thence S 20 48' E 34.5 feet; Thence S 360 18' E 51.0 feet to the west ROW line of U.S. Hwy 75 (Central Expressway) Thence S 140 03' W along said west ROW line 661.4 feet; S 20° 58' W 99.5 feet; S 27° 55' W 253.7 feet, S 50° 35' W 67.8 feet; S.20 27' W 32.0 feet to the intersection of the west line of U.S. Hwy 75 and the centerline of Bethany Road; Thence along said centerline of Bethany Road N 87° 58' 11"-.W 1,445.6 -feet to POB and containing approximately 139.0 acres of land more or less. -21- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 2 - SHOPPING CENTER Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Vol. 572, Page 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the center of Bethany Road; Thence North 3,527 feet more or less to the centerline of FM 2170; Thence West along said centerline 2,529 feet more or less to the intersection of said FM 2170 centerline with the centerline of a county road running north; Thence continuing with said FM 2170 centerline S 890 42' W 686.8 feet; Thence S 89° 35' W 560.0 feet to P.O.B. said point being 1,024.1 feet centerline distance from the intersection of said FM 2170 centerline with the centerline of County Road No. 141; Thence N 890 35' E with the centerline of FM 2170 560.0 feet; Thence continuing with said centerline N 89° 42' E 686.8 feet; East 900 feet; Thence South 675 feet; Thence West 2,150 feet; Thence North 675 feet more or less to the P.O.B. and containing approximately 27.5 acres of land more or less. CITY SECRETARY OFFICE -22 - OFFICIAL FILE COPY TRACT 3-A - COMMUNITY FACILITIES (GREEN BELT) Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Volume 572, Page 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the center of Bethany Road; Thence E 860 feet to P.O.B.; Thence N 190 feet; Thence N 300 W 235 feet; Thence N 5° 30' W 250 feet; Thence 24° 30' W 260 feet; Thence N 40 301-E 110 feet; Thence N 350 E 420 feet; Thence N 380 W 95 feet; Thence N 110 W 210 feet; Thence N 470 W 125 feet; Thence N 4° E 240 feet; Thence N 40° W 80 feet; Thence N 40 W 100 feet; Thence N 831 30' W 90 feet; Thence N 85 feet; Thence N 160 E 110 feet; Thence N 10 15' E 180 feet; Thence N 440 30' W 155 feet; Thence N 180 W 175 feet; Thence N 15° E 140 feet; Thence N 19° W 115 feet; Thence N 460 30' W 110 feet; Thence N 810 W 230 feet; Thence,N 460 45' W 250 feet; Thence N 250 feet more or less to the Centerline of FM 2170; Thence E w/said centerline 100__ -feet; Thence S 250 feet; Thence S 460 45' E 125 feet; Thence E 400 feet; Thence S 630 feet; Thence E 305 feet; Thence S 160 30' W 600 feet; Thence S 230 45' E 360 feet; Thence S 750 E 255 feet; Thence S 231 30' W 870 feet; Thence S 370 45' E 320 feet; Thence S 50 E 550 feet to centerline of Bethany Road; Thence W along said centerline approximately 155 feet more or less to P.O.B. and containing approximately 12.4 acres of land more or less. CITY SECRETARY OFFICE 2 3 OFFICIAL FILE COPY TRACT 3-B - COMMUNITY FACILITIES (PARK/SCHOOL) Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Volume 572, Page 331 of CCDR; same being in a South line of the M. Lee Survey; same also being in the center of Bethany Road; Thence N 1,787.0 feet; Thence West 1,231.0 feet to P.O.B.; Thence S 845.0 feet; Thence West 461.22 feet; Thence N 850.0 feet; Thence E 461.22 feet to P.O.B. and containing 9.0 acres. i -24- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 4 - MULTI -FAMILY Beginning at the Southwest corner of a 3 acre tract belonging to Collin County and known as the "Farmers Market", said point lying 361.5 feet south of the centerline of F.M. 2170; Thence East 792 feet passing at 361.5 feet the southeast corner of said Collin County tract; Thence S 46° 45' E 100 feet; Thence S 81° E 230 feet; Thence S 460 30'.E 110 feet; Thence S 19° E 115 feet; Thence S 151 W 140 feet; Thence S 180 E 175 feet; Thence S 410 45' W 180 feet; Thence N 660 45' W 770 feet; Thence S 890 W 350 feet; Thence N 220 W 170 feet; Thence N 3° 30' W 270 feet to P.O.B. and containing approximately 14.2 acres of land more or less. -25- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 5A - MEDIUM DENSITY RESIDENTIAL Beginning at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Volume 572, Page 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the centerline of Bethany Road; Thence N 1,787.0 feet; Thence N 400 E 31.0 feet; Thence N 50° 30' W 400 feet; Thence N 551 30' W 600 feet; Thence N 220 W 140 feet; Thence N 890 E 350 feet; Thence S 660 45' E 770 feet; Thence N 41° 45' E 180 feet; Thence S 44° 30' E 155 feet; Thence S 11 15' W 180 feet; Thence S 160 W 110 feet; Thence S 85 feet; Thence S 830 30' E 90 feet; THence S 4° E 100 feet; Thence S 40° E 80 feet; Thence S 4° W 240 feet; Thence S 47° E 125 feet; Thence S 110 E 210 feet; Thence S 38° E 95 feet; Thence S 35° W 420 feet; Thence S 40 30' W 110 feet; Thence S 24° 30' E 260 feet; Thence S 50 30' E 250 feet; Thence S 30° E 235 feet; Thence S 190 feet; Thence W 860 feet to P.O.B. and containing approximately 45.5 acres of land more or less. -26- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 5B - TWO FAMILY RESIDENTIAL Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded Vol. 572, Pg. 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the center of Bethany Road; Thence North 3,527 feet more or less to the centerline of FM 2170; Thence West approx. 695 feet to the northwest corner of a 3 acre tract belonging to Collin County known as "Farmers Market" said paid being P.O.B. Thence South uith the west line of said County tract 361.5 feet; Thence west 935 -feet; Thence North 360 feet more or less to the centerline of FM 2170; Thence East along said centerline 935 feet to P.O.B. and con- taining 6.6 acres of land. CITY SECRETARY OFFICE -27 WICIAL FILE COPY TRACT 6 - PD -SINGLE FAMILY - 4 Units/Acre Maximum Density Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded Vol. 572, pg. 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the center of Bethany Road; Thence North 1,787.0 feet to P.O.B.; Thence West 1,231.0 feet; Thence North 130.0 feet; Thence N 300 30' W 773 feet; Thence North 605 feet; Thence East 900 feet; Thence S 3° 30' E 270 feet; Thence S 220 E 310 feet; Thence S 550 30' E 600 feet; Thence S 501 30' E 400 feet; Thence S 40° W 310 feet to P.O.B. and containing approximately 39.5 acres of land more or less. -28- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 7 - SINGLE FAMILY - 3.8 Units/Acre Maximum Densit Commencing at an iron pin set at the South, Southwest corner of the 189.5 acre tract described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded Vol. 572, Page 331 of CCDR; same being in a South line of the Michael Lee Survey; same also being in the center of Bethany road: Thence North 1,787.0 feet; Thence West 1,231.0 feet to P.O.B.; Thence West 461.22 feet; Thence South 850.0 feet; Thence East 461:22 feet; Thence South 340.0 feet; Thence N 88° W 845.0 feet; Thence N 890 03' W 378.8 feet; Thence N 880 30' W 560.0 feet; Thence N 020 22' E 1,141.0 feet; Thence S 890 47' W 430 feet; Thence N 401 30' E 1,395 feet; Thence North 25 feet; Thence East 900 feet; Thence South 295 feet; Thence S 300 30' E 773 feet; Thence South 130 feet to P.O.B. and containing approximately 77.0 acres of land more or less. -29- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 8 - SINGEL FAMILY - 3.5 Units/Acre Maximum Densit Beginning at the intersection of the centerline of FM 2170 and County Road No. 141; Thence N 891 35' E with said centerline of FM 2170 1,024.1 feet; Thence South 675 feet; Thence East 1,220 feet; Thence S 25 feet; Thence S 401 30' W 1,395 feet; Thence S 891 47' W 620 feet; Thence S 00 29' E 136.5 feet; Thence S 860 18' W 156.4 feet; Thence S 850 34' W 724.0 feet to the centerline of County Road No. 141; Thence N 10 39' E with said centerline 739.9 feet; M Thence N 890 16' E 55.2 feet; j Thence continuing along said centerline N 01 44' W 1,186.0 feet to P.O.B. and containing approximately 64.2 acres of land more or less. w CITY SECRETARY OFFICE 30 - OFFICIAL FILE COPY PLANNED DEVELOPMENT NO. 26 LAND USE REGULATIONS EXHIBIT "B" ORDINANCE NO. 546-9-84 ADOPTED: September 20, 1984 TRACT 1 - A, BAND E COMMERCIAL; C AND D OFFICE 1. Purpose. This district is characterized by development of major office and commercial activity. The regulations in this district are intended to preserve a high quality business park and employment center with regard to architecture, aesthetics, noise, access and circulation. 2. Use Regulations. The following uses are permitted in Tracts 1-A, 1-B and 1-E: a. Office Buildings b. New _Boat Sales or Repairs and Used Boat Sales and Repairs C. with New- Boat"; -Dealership only New Automobile Sales and Repairs d. Used Automobile Sales with new Car Dealership only e. Office Show -Room f. Business School or Commercial Trade SQhool g. Health or Sports Clubs h. Restaurant with no drive-in (drive-thru allowed) i. Service Stations j. Veterinarian Clinic with no outside runs k. Pet Store 1. Hotel or Motel M. Bakeries n. Theaters (indoor only) o. Motorcycle Sales and Service p. Building Materials Sales (inside) q. Banks and Financial Institutions r. Commercial Amusement (indoor) S. Studios, Photo, Music, Art, Health, etc. t. Furniture Sales U. Auto Parts Sales (indoor) V. Department or Discount Stores W. Antique Shops X. Cleaner or Laundry -1- CITY SECRETARY OFFICE OFFICIAL FILE COPY y. Hardware Store Z. Barber or Beauty Shops aa. Florist or Garden Shops (indoor) bb. Household Appliance Sales cc. Pharmacy dd. Groceries and Supermarkets ee. Uses similar to the above mentioned permitted uses provided activities conducted observe the requirements of all City Ordinances. ff. Accessory Buildings and uses incident to any of the above uses. gg. Such uses as may be permitted under Section 2.06 of the Zoning Ordinance for Specific Uses in the General Business District shall be allowed by Specific Permit only. hh. The following additional uses by Specific Permit only: 1. Electronics Products Manufacturers 2. Distribution Centers with no outside storage allowed 3. Auto Laundry (Car Wash) The permitted uses in Tracts 1-C and 1-D shall be the same as listed in Section 3.01 (K) of the Zoning Ordinance for Office Districts. The following uses may be permitted in Tracts 1-C and 1-D by Specific Use Permit only: 1. Restaurant 2. Financial Institution 3. Electronics Products Manufacturer 4. Distribution Center 5. Health or Sports Clubs 6. Other uses permitted in Tracts 1-A and 1-B 3. Height Regulations. The maximum height for the main building shall be 3 standard stories but shall not exceed forty-five (45) feet in height provided that any building or portion thereof constructed east of the proposed Waters Road as shown on the Planned Development Plat which is a part of this Ordinance, may be erected above said limit if set back from all street lines and required yard lines -2- CITY SECRETARY OFFICE OFFICIAL FILE Wi` is one (1) foot for each one (1) foot of its height above said limit, provided however, that no building shall exceed fifteen (15) stories in height. 4. Area Regulations - except as listed below, all area regulations for Tracts 1-A, 1-B and 1-E shall be as listed for the General Business District in the Zoning Ordinance. Except as listed below, all area regulations for Tracts 1-C and 1-D shall be as listed for the Office District in the Zoning Ordinance. a. Size of yards: (1) Front Yard - there shall be a front yard having a minimum depth of twenty-five (25) feet and no building may be located closer than 100 feet to U. -S. Highway 75 (Central Expressway). (2) Side Yards - a side yard of not less than fifteen (15) feet in width shall be provided on the side of a lot adjoining a side street or alley. (3) Rear yard - no rear yard is required except that a rear yard of not less than twenty-five (25) feet in depth shall be provided on that portion of the lot abutting or across a rear street or alley from an "R" District. (4) Buffer along FM 2170 - consistant with City Zoning policy, there shall be maintained a twenty-five (25) feet landscape buffer immediately adjacent to F.M. 2170 in which no building structure or parking shall be permitted. Special provision may be con- sidered where insufficient depth may create a hardship. b. Lot Coverage: No requirement except that required by establishment of yards or land-scaping requirements. C. Floor Area Ratio: The ratio of total floor area of all buildings to total land area shall be a maximum of 1:1 provided however that the City Council may, upon site plan review, approve a maximum of 2:1 on Tracts 1-A and 1-B and 1.25:1 on Tracts 1-C, 1-D and 1-E. 5. Building Regulations. Type of materials - all main building exteriors shall be constructed of stone, brick, tiles, cement, concrete, glazing or similar materials. CITY SECRETOOFFICE OFFICIAL FILE C^EY 6. Flood Plain: The 100 year flood plain of Waters Branch shall be reserved from development pending a flood plain study by the City of Allen and development of a policy by the City regarding dedication for public use versus private development or use: This Planned Development shall conform to that policy. The flood plain land, excluding floodway, may be used in Floor Area Ratio Calculations on land immediately adjacent. CITY SECRETARY OFFICE -4- OFFICIAL FILE COPY TRACT 2 - SHOPPING CENTER 1. General. The purpose of this Tract is to provide an area as an integral part of this planned development district for retail and related services. 2. Use Regulations - A building or premise shall be used for the following purposes: a. Cleaner or laundry (self service) b. Hardware store C. Barber and beauty shops d. Florist or garden shops (no outside storage or sales) e. Household appliance sales f. Veterinarian (no outside runs) g. Drug store or pharmacy h. Bakery (retail) i. Grocery store j. Day care center for children k. Paint sales/wallpaper,interior decorating sales (all inside) 1. Office supplies M. Building materials sales (inside) n. Banks and financial institutions o. Commercial amusement (indoor) p. Studios, photo, music, art, health, etc. q. Furniture sales r. Auto parts sales (indoor) S. Department or discount stores t. Antique shops U. Indoor theater V. Restaurant (no drive-in) W. Restaurant (with drive through window) X. Accessory buildings and uses customarily incident to any of the above uses. CITY SECRETARY OFFICE -5 OFFICIAL FILE COPY y. Uses similar to the above mentioned permitted uses provided activities conducted observe the requirements of all City Ordinances. z. Uses as may be set forth and permitted unter the Specific Use Section of the Zoning Ordinance for the Shopping Center District. aa. Other retail stores and personal services of similar nature and character provided that the business estab- lishment supplies the everyday shopping needs of the immediate neighborhood and subject to the following conditions: (1) That it be conducted wholly within an enclosed building. (2) The required yards not be used for display, sale or storage of merchandise or for the storage of vehicles, equipment container, or waste material. (3) That all merchandise be first hand (except antiques) and be sold at retail on the premises. (4) That such use be not objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height. 4. Area -Regulations. a. Size of Yards: (1) Front Yard - A front yard of a minimum of twenty five (25) feet shall be observed for all buildings. Parking shall be permitted in the front yard area. (2) Side Yard - There shall be a minimum side yard of fifteen (15) feet on the side of a lot adjoining a street, alley, or residential district. (3) Rear Yard - A rear yard shall not be less than twenty five (25) feet. b. Lot Coverage - In no case shall more than fifty (50) per- cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. C. Floor Area Ratio - The ratio of total floor area of all buildings to total land area shall be a maximum of 1:1.25. -6- CITY SECRETARY OFFICE OFFICIAL FILE C:, 5. Building Regulations: a. Type of Materials - All main building exteriors shall be constructed of stone, brick, tiles, cement, concrete, or similar materials. CITY SECRETARY OFFICE -�- nUINA1 Pf F CCPV TRACT 3 - COMMUNITY FACILITIES 1. Tract 3-A: The purpose of this tract is to public park and open use in accordance with sub -section 4 of the Zoning Ordinance. The dedicated to the City of Allen at the time is platted and developed, or at an earlier by the City of Allen. place land into section 3.01 (R) tract will be adjacent land time if requested 2. Tract3-B: The purpose of this tract is to place land into public use for a park. The tract will be dedicated to the City of Allen at the time adjacent land is platted and developed, or at an earlier time if requested by the City of Allen. 3. Development Criteria: The developer of property adjacent to these tracts shall at the time of development of said adjacent property provide water and sanitary sewer service and street and drainage facilities to and adjacent to the tract sufficient to allow development of the tracts and provide appropriate access for the intended uses. ME CITY SECRETARY OFFICE OFFICIAL FILE CGPY TRACT 4 - MULTI -FAMILY 1. General: This Tract permits the construction of attached multi -family dewelling units. The maximum density shall not exceed eighteen (18) units per acre. 2. Use. a. Multi -family structures and accessory buildings and uses, customarily incident to this use and located within this tract. b. Churches and church related uses as permitted by Specific Use Permit. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height. 4. Area Regulations. a. Size of Yards: (1) Front Yard - There shall be a front yard having a required depth of twenty (20) feet. No required parking shall be allowed within the required front yard. (2) Side Yard - There shall be a side yard on each side of the lot having a width of not less than fifteen (15) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet except when abutting a single family tract a minimum of thirty (30) feet shall be required. Where lots have double frontage, running through from one street to another, the required front yard shall be provided on both streets. b. Size of Lot: (1) Lot Area - A multi -family building shall be con- structed on a lot of not less than one (1) acre. (2) Lot Width - The width of the lot shall not be less than one hundred (100) feet at the front street building line. (3) Lot Depth - The depth of the lot shall not be less than two hundred (200) feet. -9- CITY SECRETARY OFFICE OFFICIAL FILE COPY C. Minimum Dwelling Size - The floor area of dwelling units, exclusive of garage, breezeways, and porches shall be distributed as follows: 15 percent of units 700 square feet minimum; 40 percent of units 800 square feet minimum; 20 percent of units 900 square feet minimum; 15 percent of units 1,000 square feet minimum; 10 percent of units 1,100 square feet minimum. d. Lot Coverage - In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Buildinq Reaulations. a. Type of -Materials - All main buildings shall have exterior construction of a minimum of seventy-five (75) percent brick, tiles, cement, concrete, stone or similar materials. 6. Flood Plain: The 100 year flood plain of Waters Branch shall be reserved from development pending a flood plain study by the City of Allen and development of a policy by the City regarding dedication for public use versus private development or use. This Planned Development shall conform to that policy. CITY SECRETARY OFFICE 10 - OFFICIAL FILE COPY TRACT 5 - MEDIUM DENSITY RESIDENTIAL AND TWO FAMILY 1. General: This Tract is designated for single-family dwellings on separate lots under separate ownership. The maximum number of dwelling units in this Tract shall not exceed 312. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. 1. Tract 5-A: Attached or detached dwelling units, provided that no more than six (6) dwelling units are attached in one continuous row or group, and provided that no dwelling unit is constructed above another dwelling unit and not more than 200 -units of any one type may be allowed 2. Tract 5-B: 2 Family attached dwelling units on individually platted lots. b. Accessory buildings and uses, customarily incident to the above uses. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one half (2-1/2) stories in height. 4. Area Regulations. a. Size of Yards: (1) Front Yard - There shall be a front yard having a required depth of not less than twenty (20) feet. No required parking shall be allowed within the required front yard. (2) Side Yard - There shall be a side yard on each side of a contiguous row or group of dwellings of not less than six (6) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. There shall be a minimum of 10' between detached dwellings. (3) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. b. Size of Lot: (1) Lot Area - No unit shall be constructed on any lot less than four thousand (4,000) square feet. Such lot shall have a minimum buildable area of twenty five hundred (2,500) square feet. (2) Lot Width - The width of the lot shall not be less than thirty five (35) feet at the front street building line. CITY SECRETARY OFFICE -11- OFFICIAL FILE COPY (3) Lot Depth - The depth of the lot shall not be less than one hundred (100) feet. C. Dwelling Unit Size Distribution: The following floor areas for residential dwellings exclusive of garages, breezeways and porches shall be observed: (1) Seventy- five (75) percent 1,200 square feet or greater (2) twenty- five (25) perdnet 1,400 square feet or greater. d. Lot Coverage - In no case shall more than sixty-five (65) percent of the total land area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations. a. Type of Materials - All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. 6. Flood Plain: The 100 year flood plain of Waters Branch shall be reserved from development pending a flood plain study by the City of Allen and development -of a policy by the City regarding dedication for public use versus private development or use. This Planned Development shall conform to that policy. 7. Open Space Requirement. Each group or row of townhouses shall provide additional common area or open space so as to provide a total of four thousand (4,000) square feet. This requirement is in addition to all other required yard spaces. CITY SECRETARY OFFICE -12 OFFICIAL FILE COPY TRACT 6 - SINGLE FAMILY RESIDENTIAL 1. General: This Tract shall be developed for single-family, detached dwellings, together with the allowed incidental and accessory uses. The maximum number of dwellings .shall not exceed one hundred fifty eight (158) units in this Tract. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. Single family detached units and accessory uses customarily incidental to this use. b. Churches and church related uses as permitted by Specific Use Permit. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one half (2 1/2) stories in height. 4. Area Requlations. a. Size of Yards: (1) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (2) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. b. Size of Lot: (1) Lot Area - No building shall be constructed on any lot of less than eight thousand four hundred (8,400) square feet on thirty (30) percent of the lots, and seventy-five hundred (7,500) square feet on seventy (70) percent of the lots. Such losts shall have a minimum buildable area of three thousand (3,000) square feet. (2) Lot Width - The width of the lot shall not be less than sixty-five (65) feet at the front street building line, nor shall its average width be less than sixty-five (65) feet. -13- CITY SECRETARY OFFICE OFFICIAL FILE COPY (3) Lot Depth - The depth of the lot shall not be less than one hundred (100) feet, except that a corner lot or cul-de-sac lot may have a depth'of less than one hundred (100) feet provided that the minimum depth is no less than ninety (90) feet. C. Dwelling Unit Size Distribution: The following floor areas for residential dwellings exclusive of garages, breezeways and porches shall be observed: (1) fifty (50) percent 1,600 square feet or greater (2) fifty (50) percent 1,400 square feet or greater. d. Lot Coverage - In no case shall more than forty (40) per- cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Buildinci Reaulations. a. Type of Materials - All main buildings construction of a minimum of 75% brick, concrete, stone, or similar materials. shall have exterior tiles, cement, -14- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 7 - SINGLE FAMILY RESIDENTIAL 1. General: This Tract shall be developed for single-family, detached dwellings, together with the allowed incidental and accessory uses. The maximum number of dwellings shall not exceed two hundred -ninety two (292) units'in this Tract. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. Single family detached units and accessory uses custom- arily incidental to this use. b. Churches and church related uses as permitted by Specific Use Permit. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one half (2 1/2) stories in height. 4. Area Regulations. a. Size of Yards: (1) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (2) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard - There shall be a rear yard having a ` depth of not less than fifteen (15) feet. b. Size of Lot: (1) Lot Area - No building shall be constructed on any lot of less than eight thousand four hundred (8,400) square feet on.seventy (70) percent of the lots, and seven thousand five hundred (7,500) square feet on thirty (30) percent of the lots. Such lots shall have a minimum buildable area of three thousand (3,000) square feet. (2) Lot Width - The width of the lot shall not be less than seventy (70) feet at the front street building line, nor shall its average width be less than seventy (70) feet. 0 -15- CITY SECRETARY OFFICE OFFICIAL FI r. Cr^y - (3) Lot Depth - The depth of the lot shall not be less than one hundred five (105) feet, except that a corner lot or cul-de-sac lot may have a depth of less than one hundred (100) feet provided that the minimum depth is no less than ninety (90) feet. C. Dwelling Unit Size Distribution: The following floor areas for residential dwellings exclusive of garages, breezeways and porches shall be observed: (1) sixty- four (64) percent 1,800 square feet or greater (2) thirty- six (36) percent 1,600 square feet or greater. d. Lot Coverage - In no case shall more than forty (40) per- cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations. a. Type of Materials - All main buildings shall have exteri- or construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. -16- CITY SECRETARY OFFICE OFFICIAL FILE COPY TRACT 8 - SINGLE FAMILY RESIDENTIAL 1. General: This Tract shall be developed for single-family, detached dwellings, together with the allowed incidental and accessory uses. The maximum number of dwellings shall not exceed two hundred twelve (212) units in'.this Tt&df,-. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. Single family detached units and accessory uses customarily incidental to this use. b. Churches and church related uses as permitted by Specific Use Permit. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one half (2 1/2) stories in height. 4. Area Reaulations. a. Size of Yards: (1) Front Yard - There shall be a front yard having a depth of not less than twenty-five (25) feet. (2) Side Yard - There shall be a side yard on each side of the lot having a width of not less than ten (10) percent of the lot width. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard - There shall be a rear yard having a depth of not less than fifteen (15) feet. b. Size of Lot. (1) Lot Area - No building shall be constructed on any lot of less than twelve thousand (12,000) square feet on fifteen (15) percent of the lots, and nine thousand (9,000) square feet on fifty-five (55) percent of the lots, and eight thousand four hundred (8,400) square feet on thirty (30) percent of the lots. Such lots shall have a minimum buildable area of three thousand six hundred (3,600) square feet. (2) Lot Width - The width of the lot shall not be less than seventy (70) feet at the front street building line, nor shall its average width be less than seventy (70) feet. - -17- CITY SECRETARY OFFICE OFFICIAL FILE COPY' (3) Lot Depth - The depth of the lot shall not be less than one hundred ten (110) feet, except that a corner lot or cul-de-sac lot may have a depth of less than one hundred (100) feet provided that the minimum depth is no less than ninety (90) feet. c. Dwelling Unit Size Distribution: The following floor areas for residential dwellings exclusive of garages, breezeways and porches shall be observed: (1) thirty- six (36) percent 2,500 square feet or greater (2) thirty- six (36) percent 2,000 square feet or greater (3) twenty- eight (28) percent 1,800 square feet or greater. d. Lot Coverage - In no case shall more than forty (40) per- cent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations. a. Type of Materials - All main buildings shall have exteri- or construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials.- -18- CITY SECRETARY OFFICE OFFICIAL FILE CORY GENERAL STANDARDS FOR DEVELOPMENT 1. General: It is recognized other zoning standards are applicable to the development of this Planned Development District, and that such standards are set forth in Zoning Ordinance 366-10-81. Therefore, for the purpose of these standards, the following sections of Ordinance 366-10-81 are hereby incor- porated into this ordinance. a. Section 2.03 Creation of Building Site b. Section 2.06 Specific Use Permits C. Section 2.07 Temporary Uses d. Section 2.08 New and Unlisted Uses e. Section 2.09 Site Plan Approval f. Section 2.10 Definitions g. Section 3.02 Height and Area Exceptions h. Section 3.03 Vehicle Parking i. Section 3.04 Off -Street Loading j. Section 3.05 Landscaping k. Section 3.06 Fences and Walls 1. Section 3.07 Court Standards M. Section 3.08 Accessory Buildings 2. Landscape Buffer along FM 2170: A 25 feet wide land- scape buffer shall be maintained along and adjacent to FM 2170 consistant with Zoning and development policy of the City. No building structure or parking shall be permitted within this buffer. Special provision may be considered where insufficient depth may create a hard- ship. 3. Set -Back From FM 2170: There shall be a 100 foot building set back from the property line or Right of Way line of FM.2170 -19- CITY SECRETARY OFFICE OFFICIAL FILE COPY SPECIAL DEFINITIONS 1. When reference is made herein to "The Zoning Ordinance", it is to the City of Allen Zoning Ordinance 366-10-81. -20- CITY SECRETARY OFFICE OFFICIAL FILE COPY EXHIBIT "C" Ordinance No. 546-9-84 Adopted: 9/20/84 9 ,li ������ � ; ,111 _ , - • � _ 75% 0 1200 SIF It 1400 SF DEl UN oil . r� .:: ��i par TRACT 313NO 10 LIE ,�` __._ �� . X14....\ ■�%/� �.. `� � < W1011 IN 417 AC. BUSINESS RESIDENTIAL PARK A L L E N C E ---N T R A L f, IIII ALLEN, COLLIN CO., TEXAS CITY SECRETARY OFFICE OFFICIAL FILE C��i AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared U(ZR XR X X 1jW Xwho having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing _1 C -- of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on July 2, 1984 and which was issued on 1111N/ 9, 19R4_ , by r i t �; o f A 1 1 P n of Collin County, Texas. A printed copy of said publication is attach d heret . dL2�� -o SUBSCRIBED AND SWORN to before me this 7th Of August , A.D. 19 84 Notary Public in and for Collin County, Texas Publisher's Fee $ Dianne Kerr Commission Expires 10/14/87 -Y& - 4?-C,�C� NOTICE OF PUBLIC HEARING, ; Notice Is.hereby given that the Allen City Coun. il at their regular seting, on Thursday, July 19,-• 1984, . at 7:30 O.m., in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, will conduct a public' hearing, to con- sider a request for Plann- ed Development Zoning as requested by Tomlin Properties. ie The request for Plann. ed,t Development (PD) Zbning, which is a mix of zoning districts, is on 434 acres of land out of the Michael Lee Survey, Abstract No. 543, the Jambs Wilcox Survey, 4bstraci-'No. E1017, the David Nix Survey, 4bstract No. 668, ocated west of U.S. and south of F.M. 2170. Anyone wishing to speak either FOR, or 4GAINST this request is nvited to attend this )ublic hearing and voice heir opinion. If further information s needed, call the` Allen Aunicipal' Annex, )apartment' sof Com- nunity Development, at '27-9170 or 424.7518 metro) and refer to Zon- ng Case No. 5.16-84-25. Marty Hendrix City Secretary Published in the Allen lmerican on Monday, ; my 2, 1984.) Yj i