HomeMy WebLinkAboutO-771-12-86ORDINANCE NO. 771-12-86
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. 43, ON A TOTAL OF 68.795 ACRES OF LAND,
MORE OR LESS, OUT OF THE FRANCIS DOSSER SURVEY, ABSTRACT
NO. 280, COLLIN COUNTY, TEXAS, WHICH IS PRESENTLY
DELINEATED ON THE OFFICIAL ZONING MAP AS "AO"
AGRICULTURAL OPEN SPACE; PROVIDING FOR USE REGULATIONS;
PROVIDING FOR A LAND USE MAP; PROVIDING FOR A DEVELOPMENT
CRITERIA; PROVIDING FOR A PENALTY FOR EACH OFFENSE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commmission 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
i
area and in the vicinity thereof, and in the exercise of its legislative discretion, have
concluded that Comprehensive Zoning Ordinance No. 366-10-81, as previously amended,
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 previously amended, be and the same is hereby amended by
amending the Zoning Map of the City of Allen on a total of 68.795 acres, more or less,
described in Exhibit "A" attached hereto and made a part hereof for all purposes, to
give said tract of land the following zoning classification, to -wit: That the area be, and
the same is hereby, zoned "PD" Planned Development No. 43.
SECTION 2. That the
Land Use Plan
approved and described as Exhibit
"B"
attached hereto and made a
part hereof for
all purposes shall be adhered to in
its
Ordinance No. 771-12-86 - Page 1
entirety for the purposes of development of "PD" Planned Development No. 43.
SECTION 3. That the Use Regulations and Development Criteria described as
Exhibit "C" attached hereto and made a part hereof for all purposes shall be the
governing regulations for "PD" Plannned Development No. 43.
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 ordinance not in conflict herewith shall remain in
full force and effect.
SECTION S. 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, as previously 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 declares 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
Ordinance No. 771-12-86 - Page 2
ALLEN, TEXAS, ON THE 18th DAY OF December , 1986.
APPROVED:
WIN I
Donald P. Rodenbau-g-h, Mayor
ATTEST:
Marty Hendrix, CM City Secretary
APPROVED AS TO FORM:
n ow , i ney
Ordinance No. 771-12-86 - Page 3
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Tract 1 A
Acres
47.253 A c
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SUE 8us�! Tract 4 Tract 5
2+t 180.170 Acres 160.171 Acres
Tract 3A
TIZP
31.377 Acres �o
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i Tract 2C
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` 37.418 Acres
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S Uf?VEY
37.41 AIRES
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SCALE 1 204
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A tract of''lnrid contnininR 37.418 Acres ont of thn Francis Dosser Survey, Abst. No. 280
in -Collin Counts, Texas, being more particularly dencriblad by metes And bounds to -wit.
nFf`,1N"r1M!; nt Rn Irnn Pin frnanrl nt. th- ;;n„thwf�st cornar of salol survey.
THFNCF North With the centerlinQ of n Gfitutty Road 1180. }I feet to nn Iron Fin.
THENCE North 89 deetr. 38_min. 50 sec. East. 1)/'1.9 feet, Lo an Iron Fin.
rFlr,m(,E `loath o der,. OH min. o2 sir,. '.;n::* 1189.)3 fret to nn Tron Pirt found ir the
centerline of a County Hand.
ITIFNCF youth 89 is iv. 38 min. 50 sec. 'dent wit.h said rnnd 1369.12 feet to the place of
hppinnlncc, contain.inv, 37.418 Acres.
,e
T, A111v M. GA;ir, Re-aistered Pithl in `ourvevor, rio hereby rertify that the flat• shown'
herein accurately represents the prnpert.v as determined by -An on the ground survey, made
under my direction Ansi supervision, rind that. nil corners are As shown. There are no
frncroarhments, conflicts, or protrusinnn.
4. May 23, 1985
GEORGE BUSH PROPERTY
ALLEN, TEXAS
TRACT 3A
SITUATED in Collin County, Texas, in the Francis Dosser Survey,
Abstract No. 280 and the George Phillips Survey, Abstract No. 719,
and being a resurvey of a called 1521 acre tract of land and a called
295 acre tract of land in said Dosser Survey and a 5 acre tract of land
in said Phillips Survey as described in a deed recorded in Volume 203,
Page 31 of the Collin County Deed Records, and being more particularly
described in 5 tracts, the subject tract, Tract 3A described as follows:
BEGINNING at a point for corner in the west line of said tract in the
center of a rock road, said point bears North, 1189.31 feet from the
southwest corner of said Dosser Survey:
THENCE North, 614.83 feet along the center of said road to a point for
corner therein;
THENCE N 0015144" E, 383.46 feet along the center of said road to a
point for corner therein;
THENCE N 89051148" W, 1372.44 feet to a point for corner;
THENCE S 0008102" W, 993.12 feet to a point for corner;
THENCE S 89038150" W, 1371.90 feet to the place of beginning and
containing 31.377 acres of land.
PLANNED DEVELOPMENT STANDARDS
GEORGE BUSH AND R. D. STRINGFELLOW PROPERTIES
ALLEN, TEXAS
TRACT 1
"IT" INDUSTRIAL TECHNOLOGY DISTRICT REGULATIONS
1. Purpose: This district is characterized by development of indus-
trial parks for the purpose of light distribution, processing, 'and
manufacturing. The regulations in this district are intended to
provide for a campus type of development for building sites to
accommodate land uses on tracts of two acres or more.
2. Use Regulations:
a. Office buildings.
b. Electronics products manufacturer.
C. Apparel or related manufacturer.
d. Light fabrication and assembly.
e. Printing establishments.
f. Distribution center (no outside storage).
g. Uses similar to the above listed uses, provided activities con-
ducted observe the requirements of all City Ordinances.
h. Such uses as may be permitted under the provisions of Sec-
tion 2.06, Specific Use Permit.
3. Height Regulations:
The maximum height for the
main building
shall
be three 3) standard stories but shall not exceed
forty-five
(45)
feet in height.
In no event shall any building
exceed thirty
(30)
feet in height
when located within two hundred
(200) feet of
any
property zoned
for residential purposes.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard:
(a) There shall be a minimum front yard having a depth
of not less than one hundred (100) feet adjacent to
any street with a right-of-way of one hundred
(100) feet or more.
(b) There shall be a minimum front yard having a depth
of not less than fifty (50) feet adjacent to any
street with a right-of-way less than one hundred
(100) feet.
(c) Lots having double frontage shall provide the
required setback from both streets.
1
(2) Side Yards:
(a) There shall be a
the lot or tract
building complex
feet.
minimum side yard for each side of
on which any single building or
is constructed of twenty-five (25)
(3) Rear Yards: There shall be a minimum rear yard of
twenty-five (25) feet except that a rear yard of not less
than fifty (50) feet in depth shall be provided upon that
portion of a lot abutting or across a rear street or alley
from an "R" District.
(a) Lot Coverage: No requirement except that required
by establishment of yards or landscaping require-
ments.
(b) Floor Area Ratio: The ratio of total floor area of
all buildings to total land area shall be a maximum
of .5:1.
(4) Lot Area: No lots shall be less than two (2) acres, with
an average tract size of four (4) acres and a maximum of
eight (8) sites.
5. Building Regulations:
a. Type of Materials: All main building exteriors shall be con-
structed of stone, brick, tiles, cement, concrete, or similar
materials.
TRACT 2
"GO" GARDEN OFFICE DISTRICT REGULATIONS
1. Purpose: This district is intended for low rise office uses not
dependent upon retail trade or retail traffic for their operation.
This district is designed to permit the location of offices of any
profession, trade, or service near their clients and minimize the
effect upon residential and commercial areas. The heights set-
back, sign controls, and parking regulations are intended to allow
flexibility in design and maintain aesthetics and neighborhood qual-
ity.
2. Use Regulations:
a. Professional Administrative Offices where services are provid-
ed only and no chattels or goods are offered for sale on the
premises, including but not limited to doctors, dentists, at-
torneys, architects, engineers, insurance, real estate, and
similar offices.
E
C. Office Buildings.
d. The incidental retail sale of food, beverages, and other con-
venience items or services is permitted to the occupants of
offices, as long as these items are not advertised and offered
for sale to the general public.
e. Accessory buildings and uses customarily incidental to any of
the above uses.
f. Such uses may be permitted under provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations: The maximum height for the main building
shall be two (2) standard stories, but shall not exceed thirty (30)
feet in height. In no event, however, shall any building exceed
one (1) standard story when located within one hundred, fifty
(150) feet of any property zoned for residential purposes.
4. Area Regulations:
a. Size of Yards:
(1) Front Yards:
(a) There shall be a minimum front yard having a depth
of not less than one hundred (100) feet adjacent to
any street with a right-of-way of one hundred
(100) feet or more.
(b) There shall be a minimum front yard having a depth
of not less than twenty-five (25) feet adjacent to
any street with a right-of-way less than one hun-
dred (100) feet.
(c) Lots having double frontage shall provide the
required setback from both streets.
(2) Side Yards:
(a) There shall be a minimum side yard for each side of
the lot or tract on which any single building or
building complex is constructed of twenty-five (25)
feet.
(b) On corner lots the required front yard setback
shall be provided on both streets and such required
yard may not be used for parking purposes.
(3) Rear Yards: No rear yard is required, except that a
rear yard of not less than fifty (50) feet in depth shall
be provided upon that portion of a lot abutting or across
a rear street form an "R" District.
(a) Lot Coverage: In no case shall more than fifty
(50) percent of the total lot area be covered by the
combined area of the main buildings and accessory
buildings.
3
(b) Floor Area Ratio: The ratio of total floor area of
all buildings to total land area shall be a maximum
of .5:1.
TRACT 3
MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose: This district provides for multi -family dwellings. The
maximum density shall not exceed eighteen (18) units per acre.
2. Use Regulations: A building or premise shall be used only for the
following purposes:
a. Multi -family dwellings.
b. Accessory buildings and uses, customarily incidental to the
above uses and located on the same lot therewith, not involv-
ing the conduct of a retail business.
C. Such uses as may be permitted under the provision of Section
2.06, Specific Use Permits.
3. Height Regulations: No building shall exceed thirty (30) feet or
two and one-half (21) 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.
(2) Side Yard: There shall be a side yard on each side of
the lot having a width of not less than ten (10) 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
required depth of not less than twenty (20) 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. Such
lot shall have a minimum buildable area of four thousand,
eight hundred (4,800) square feet.
(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
one hundred (100) feet.
C. Minimum Dwelling size: The minimum floor area of any dwell-
ing unit shall be eight hundred, fifty (850) square feet, ex-
clusive of garages, breezeways, and porches.
4
(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
one hundred (100) feet.
C. Minimum Dwelling size: The minimum floor area of any dwell-
ing unit shall be eight hundred, fifty (850) square feet, ex-
clusive of garages, breezeways, and porches.
d. 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.
5. Building Regulations:
a. Type of Materials: All main buildings shall have exterior
construction of a minimum of 75% brick, tiles, cement, con-
crete, stone, or similar materials.
DEVELOPMENT POLICY
Prior to the development of Tracts 2 and/or 3 of this request, the
paving and drainage improvements on Stacy Road shall have been
completed along the boundary of either tract. Any related major water
or sewer facility to such street improvements are also proposed to be
completed prior to site development. If in the future, Stacy Road is
shifted due to engineering, or other reasons, all zoning districts will
shift with the centerline of the thoroughfare.
In accordance with recent City Council recommendations, a site plan will
be submitted for City approval prior to submission of a preliminary plat
for any multi -family, industrial, or office development.
Based upon recommendations of the Planning and Zoning Commission,
the owners of these tracts have agreed to participate in the cost of: a)
the addition of dual left turn lanes and exclusive right turn lanes on
the North and South approaches of Stacy Road at Ridgeview Drive; b)
the addition of dual left turn lanes and exclusive right turn lanes on
the East and West approaches of Stacy Road at Watters Road; c) the
additional improvement required of an unnamed collector street which
passes, between PD 37 and PD 40 between S.H. 121 and Ridgeview
Drive, being upgraded from a 4 -lane undivided to a 4 -lane divided
thoroughfare. The owners of this property are only responsible for
participation in the additional cost required to improve this
thoroughfare to divided status. This participation shall be in pro-
portion to the amount of traffic generated by the request in relation to
total traffic volume.
For intersection improvements, the owners of the property in the re-
quest shall be responsible for 8.7% of the cost of the additional im-
provements mentioned above at both intersections. For the upgrading
of the unnamed collector from 4 lane undivided to 4 -lane divided, the
owners of this tract shall be responsible for 5.52% of the additional
improvement costs. Of the total cost for these additional improvements
5
required of the applicants of this request, 45.6% will be paid by the
owner of Tract 1 and 54.4% shall be paid by the owner of Tracts 2 and
3.
J.T. DUNKIN & ASSOCIATES, INC.
Urban Planning Landscape Architecture
S. H. 121
WILLIAM CAMPBELL
GEORGE BUSH
DR. STRINGFELLOW
MIKE ALLISON, TRUSTEE /\
J.T. DUNKIN 3 ASSOCIATES, INC.
URBAN PLANNING LANDSCAPE ARCHITECTURE
A
m
ILLUSTRATION 3
CHARLIE BUSH
IT
j
I TRACT 1
I I T-
INDUSTRIAL TECHNOLOGY
! 3.1.4 Ac. Gross',
30.5 Ac. Net
TRACT -2
GO
----GARDEN O_ FFICE
26.3 Ac. Gross
24.9 Ac. Net
1 1
i
r�
TRACT 3
MF
MULTI -FAMILY
1 11.1 Ac. Gross
9.5 Ac. Net
I
I I �
ALLEN, TEXAS
ZONING
REQUEST
STACY ROAD
MIKE ALLISON TRUSTEE
IT
OWNERS:
GEORGE BUSH (TRACT 1)
R.D. STRINGFELLOW (TRACTS 2 end 3)
1%7mmm�
.• ..• ,..• .,r ...
J.T. DUNKIN & ASSOCIATES, INC!
URBAN PLANNING LANDSCAPE ARCHITECTURE
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 ho 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
Notice of Public Hearing - Request for Perm.Zoning of Property of
Bush and Stringfellow
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
November 30, 1986
and which was issued on Nov. 30, 1986 by The City of Allen
of Collin County, Texas. A printed copy of said publication is ttach ere
or I &��!j
SUBSCRIBED AND SWORN to before me this 8th day of December , A.D. 198 _ .
�_Q, ,
Notary Pu in and for Collin County, Texas
Publisher's Fee $ 16.20
CITY OF ALLEN
NOTICE OF PUB c HEAP
Notice is hereby giv at the C
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, December 18, 1986, at 7:30 p.m., in
the Council Chambers of the Allen Munici-
pal Annex, One Butler Circle, Allen, Texas,
to consider a request for permanent zoning
from Agricultural — Open' Space to
Planned Development to include uses of
Industrial Technology, Garden Office, and
Multi -Family, as requested -by property
owners, George Bush and Dr. R.D.
Stringfellow.
This request for permanent zoning of
Planned Development is on 68.795 acres
of land out of the Francis Dosser Survey,
Abstract No. 280 and the George Phillips
Survey, Abstract No. 719, Collin County,
Texas, located sb6th of State Highway
121, north of Stacy Road and west of
Watters Road.
Anyone wishing to speak either FOR or
AGAINST this request for permanent
zoning is invited to attend this public hear-
ing and voice their opiriion.
For further information, contact the
Department of Community Development,
City of Allen, at 727-9171 or 424-7518
(metro).
'Marty Hendrix, CMC,
CITY SECRETARY
(TO BE PUBLISHED IN THE ALLEN
AMERICAN ON SUNDAY, NOVEMBER
30, 1986.)