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HomeMy WebLinkAboutO-800-7-879 ORDINANCE NO. 800-7-87 AN ORDINANCE OF THE CITY OF ALLEN, CQLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "A -O" (AGRICULTURAL OPEN SPACE) CLASSIFICATION TO ESTABLISH PERMANENT ZONING OF "FP -PD" (FLOOD PLAIN -PLANNED DEVELOPMENT), SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: A TOTAL OF 95 ACRES OF LAND, MORE OR LESS, OUT OF THE F. WILMETH SURVEY, ABSTRACT NO. 999, THE L. A. PEGUES SURVEY, ABSTRACT NO. 702, AND THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN; PROVIDING FOR USE AND AREA REGULATIONS; 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 Planning and Zoning Commission of the City of Allen, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, 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, as Ordinance No. 800-7-87 - Page 1 previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on approximately 95 acres of land, more or less, described in Exhibit "A" attached hereto and made a part hereof for all purposes, and presently delineated on the Official Zoning Map as "A -O" (Agricultural -Open Space), to give said tract of land the following zoning classification, to -wit: That the area be and the same is hereby zoned as "FP -PD" Flood Plain -Planned Development No. 45 SECTION 2. That the land use plan and use and area regulations described as Exhibit 'B" and attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development of "FP -PD" (Flood Plain -Planned Development) No. 45 SECTION 3. 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 4. 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 Exhibit "B". SECTION 5. 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 6. 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. Ordinance No. 800-7-87 - Page 2 SECTION 7. 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 16th DAY OF JULY , 1987. APPROVED: Donald P. Rodenbaugh, Mayor 'f ATTEST: Marty Hendrix, CMF, City Secretary APPROVED AS TO FORM: rney Ordinance No. 800-7-87 - Page 3 EXHIBIT "A" ORDINANCE NO 800-7-87 ILLUSTRATION 2 ell 1 . TRACT 1_ — - — i ._....... � FP/CC'----- •—•—^—�r \ CORRIDOR'COMMERCIAL TRACT 2 �• ` FP/ LC LIGHT COMMERCIAL 12.8 (k(. Aa n:1 t f� �7.j Location Lap ownem City of Ans.% Tose ZONING REQUEST STACY, D I0THY 'MOOD, STACY HOME PLACE TRACT D DOYLE S. STACY FP- PLANNED DEVELOPMENT J.T. DUNKN 3 ASSOCIATES, INC. UFWM PLANA LANDSCA►E MIaaECTW EXHIBIT "B" ORDINANCE NO 800-7-87 PLANNED DEVELOPMENT STANDARDS STACY HOMEPLACE TRACT TRACT "FP -CC" CORRIDOR COMMERCIAL DISTRICT REGULATIONS 1. Purpose - This district is characterized by development of high intensity retail, offices, and light industrial uses in selected locations along the U.S. 75 and S.H. 121 corridor. 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. Additional uses include entertainment and lodging. 2. Use Regulations -A building or premise shall be used for the following purposes: A. Residential Uses: 1. Caretaker or guard residence B. Educational and Institutional Uses: *1. Church or rectory *2. Clinic *3. Day care for children *4. Health service *5. Hospital *6. Museum, library, art gallery (public) *7. School, business *8. School, commercial trade *9. School, public, proprietary or denominational C. Accessory, Utility or Incidental Uses: 1. Accessory building or use 2. Fitness center (as accessory or incidental use) 3. Swimming pool, private (as accessory or incidental use) D. Recreation and Entertainment Uses: '1. Amusement, commercial (indoor) '2. Carnival or circus (temporary) 3. Park or playground (public) '4. Restaurant/private club (conditional - SUP) '5. Theater (indoor) E. Transportation Related Uses: 1. Boat display sales and repair (new) *2. Bus stations or terminals (SUP) '3. Helistop (temporary) *4. Mass transit commuter pick-up service (SUP) 'S. Motor cycle sales and service (indoor) 6. New car dealership 7. Parking lot or structure (commercial) 8. Trailer, light truck rental 9. Truck sales and repair, new F. Automobile and Related Uses: 1. Auto display and sales '2. Auto laundry '3. Auto painting or body shop '4. Auto parts sales (indoor) 'S. Component installation radios, stereos, cellular phones 6. Garage, private 7. Garage, public '8. Motorcycle sales and repair (indoor) '9. Parking lot or structure (commercial) 10. Service station 11. Tire, batteries, and accessories G. Retail and Service Uses: 1. Antique shop (no outside storage or display) '2. Apparel and accessory stores '3. Art supplies '4. Auto display and sales 'S. Auto parts sales (indoor) '6. Bakery or confectionery (retail) 7. Barber and beauty shops '8. Bicycle shop and repair service (no outside storage) '9. Boat display sales/repair (new) 10. Book, card or novelty shops 11. Cleaning (small shop and pick-up) '12. Clinic, doctor or dentist office 13. Day care for children (SUP) 14. Department or discount stores '15. Drug store or pharmacy - '16. Florist or garden shop (no outside) '17. Food stores (less than 5,000 square feet) '18. Food stores, groceries 19. -Furniture sales '20. Greenhouse or plant nursery 21. Hardware store '22. Hobby or handcraft shop '23. Household appliance sales '24. Key shop, locksmith -25. Office supplies '26. Paint and related sales '27. Personal service '28. Pet stores (no outside runs) '29. Restaurant (not drive-in or drive-through) 2 '30. Restaurant (drive-through) '31. Restaurant (drive-in) '32. Retail store (indoor) '33. Service station '34. Studios, photo, music, art, health, etc. '35. Travel agent '36. Utility business office H. Commercial Type Uses: '1. Amusement, commercial (indoor) '2. Auto laundry (SUP) '3. Building materials sales (inside) '4. Building materials sales (outside) 'S. Carnival or circus (temporary) 6. Construction building (temporary) 7. Department or discount stores '8. Distribution center (no outside storage) (SUP) '9. Field office (temporary) '10. Garage, auto repair (SUP) '11. Hotel or motel '12. Laboratories, medical, dental, scientific 13. Mobile home display and sales '14. Office building '15. Office showroom/warehouse '16. Printing or newspaper establishments 17. Private club (conditional - SUP) 18. Restaurant/private club (conditional - SUP) 19. Radio or TV broadcast studio ' 20. Real estate sales office (temporary) '21. Rest home or nursing home (SUP) '22. Sign shop (no outside storage) '23. Theater (indoor) '24. Tires, batteries, and accessories '25. Utility business office '26. Veterinarian (no outside runs) '27. Warehousing (SUP) Office Uses: *1. Office building *2. Office showroom *3. Clinic, doctor or dentist office Industrial and Manufacturing Uses: *1. Concrete or asphalt batch plant (temporary) *2. Distribution center (SUP) *3. Electronics products manufacture (SUP) *4. Machine shop or welding (SUP) *5. Printing plant or newspaper establishments *6. Warehousing 3 3. Height Regulations - Maximum height of the main building shall not exceed three to five (3-5) stories, except office buildings that are within 1,000 feet of cross arterials or major intersections, may obtain a maximum height of fifteen (15) stories. 4. Area Regulations a. Front Yard (1) 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). Parking, storage, or similar uses shall not be allowed in the front yard. (2) There shall be a minimum front yard having a depth of not less than fifty (50) feet, provided that any building or portion of building greater than forty-five (45) feet in height must be set back from property lines one (1) foot for each one (1) foot above such limit, with a maximum setback of two hundred (200) feet, regardless of the height of the building. (3) Lots having double frontage shall provide the required setback from both streets. b. Side Yard (1) There shall be a minimum side yard for each side of the tract or lot on which any single building or building complex is constructed of twenty- five feet, provided that any building or portion of building greater than twenty-five (25) feet in height must be set back from any side street, alley, or "R" district one (1) foot for each one (1) foot above such limit, with a maximum setback of one hundred (100) feet, regardless of the height of the building. C. Rear Yard (1) There shall be a minimum rear yard of twenty-five (25) feet except 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, however, any building exceeding forty-five (45) feet in height must be set back one (1) foot for each one (1) foot above such limit, with a maximum setback of one hundred (100) feet regardless of the height of the building. d. Lot Coverage - No requirement except that required by establishment of yard or for landscaping requirements. e. Floor Area Ratio - The ratio of total floor area of all buildings to total land area shall be as follows: 4 1Office or Industrial: 1:1 1Retail: .3:1 5. Building Regulations a. Type of Materials - All main building exteriors shall be constructed of stone, brick, title, cement, concrete, glazing, or similar materials. 1* denotes Office or Industrial uses denotes Retail uses 5 TRACT II "FP -LC" LIGHT COMMERCIAL DISTRICT REGULATIONS 1. Purpose - The regulations in this district are designed to provide support services for residential areas. This district is intended to be less intense than the "GB" General Business District. 2. Use Regulations - A building or premise of this district shall be used for the following purposes: a. Any use listed as permissible in a "SC" district b. Health services C. Museum, library, or are gallery (public) d. Commercial amusement (indoor) e. New car dealerships f. Car washes g. Auto parts sales h. Component installation, radios, stereos, cellular phones L Motorcycle sales and repair (indoor) j. Service station k. Tires, batteries, and accessories I. Antique shop m. Apparel stores n. Barber and beauty shops o. Food stores p. Furniture sales q. Restaurant, drive-in or drive-through r. Restaurant, indoor S. Banks t. Accessory buildings and uses customarily incident to any of the above uses U. Uses similar to the above mentioned permitted uses provided activities con- ducted observe the requirements of all city ordinances. V. Such uses as may be permitted under the provisions of Section 2.06, (Specific Use Permit) 3. Height Regulations - No building shall exceed forty-five (45) feet or three (3) stories in height, other than those specific in an Office district. 4. Area Regulations: a. Size of Yards: (1) Front Yard - There shall be a front yard having a minimum depth of twenty-five (25) feet. No parking storage or similar use shall be allowed within one hundred (100) feet of any "R" district. (2) Side Yard - 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, alley, or "R" district. ;. than twenty-five (25) feet in depth shall be provided on that portion of a lot abutting or across a rear street from an "R" district. b. Lot Coverage - In no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the buildings and accessory buildings. C. Floor Area Ratio - The ratio of total floor area of all buildings to total land area shall be as follows: Office development - 1:1 Retail development -.3:1 5. Buildinq Regulations: a. Type of materials - All main building exteriors shall be constructed of stone, brick, tiles, cement, concrete, glazing, or similar materials. DEVELOPMENT POLICY Prior to the development of any parcel or tract of the site, it is proposed the owner shall have completed his/her share of the paving and drainage improvements on the stretch of Stacy Road along the northern boundary of the property. Any related major water of sewer facilities to such street improvements are also proposed to be completed prior to site development. A site plan for the entire property will be submitted for City approval prior to submission of a preliminary plat for any individual portion of this tract. 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. 7 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this,day personally appeared R. WAYNE NVEDGEWORTH, who 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, Tcsas, not less li-cyucntly than once a week, having a general circulation in said county, and having been published regularly and continuouay for more than twelve month. prior to publishing Public Hearing - Zoning Change of N%,nicn the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on June 24. 1987 and which was issued on June 24, 1987 of Collin County, Texas. A printed cop), of said publication SUBSCRIBED AND SWORN to before me this 21st Publisher's fee 5 20 . 7 0 the City of Allen to. day of July A.D. 1987 Notary Publicon and for Collin County, Tcxas T )F PUBLIC HEARING I Notice is hereby given that the Allen :ity council will conduct a public hear- ig on Thursday, July 16, 1987, at 7:30 .m., in the Council Chambers of, the Men, municipal Annex, One Butler ;ircle, Allen, Texas, in order to consider request for a permanent zoning hange from AO (Agricultural - Open ;pace) to FP -PD (Flood Plain - Planned )evelopment) on 95.62 acres of land as squealed by Mrs. Doyle K. Stacy, Mrs.' 'homas P. Wood -and Dr. Doyle S.' ttacy. This request for permanent zoning is in 95.62 acres of land out of the F. Vilmeth Survey, Abstract No. 999, the ..K. Pegues Survey, Abstract No. 702, nd the Henry Wetsel Survey, Abstract lo. 1026, Collin County, located south f Stacy Road and east and west of U.S. 5. Flood Plain - Planned Development ses include corridor commercial uses f retail and office and light commercial Iz. Anyone wishing to sqeak either FOR it AGANIST this request for permanent oning is'invited to attend this public searing and voice their opinion. If further information is needed, ontact the Department of Community, ,ity of Allen, at 727-9171 or 424-7518 metro) I '0 BE PUBLISHED IN THE ALL iMERICAN ON WEDNESDAY, JUNE AFFIDAVIT AND PROOF OF PU13LICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NiE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, who having been by me (1111), sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre(juently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Public Notice — Ordinance # 800-7-87 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and Avhich was issued on Julyam, 198-i of Collin County, Texas. A printed copy of said publication SUBSCRIBED AND SWORN to before me this 17th Publisher's Cee 5 43 . 2 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given'that the following ordinance was adopted by the Allen City Council -in their regular session held -on Thursday, July 16, 1987 (Title and Penalty Clause only): I , Ordinance No. 800-7-87: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning Ordinance No. 366-10-81, of the City of Allen, as Heretofore Amended, so as to Change the Zoning Classification from "A-0" Agricultural -Open Space to Estab- lish Permanent Zoning, To -Wit: "FP -PD" Flood Plain -Planned, Development on a Total of 95 Acres of Land More or Less, Out of the F. Wilmeth Survey, Abstract No. 999, the L.K. Pegues Survey, Abstract No. 704, and the Henry Wetsel Survey, Abstract No. 1026; Providing for a Land Use Plan; r rcvidi ng4forv.Use . and.Area , Regulations; 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 an Effective Date of Said Ordinace. 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 previ- ously 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. A copy of this ordinance maybe read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas. fix•, r? 'q�y Marty Hendrix, 1CMC, City Secretary TO)BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, JULY 22, 1987 & SUNDAY, JULY, 26, 1987. mi [IF U day of Aggust , A. D. 19 87 &O_L6z,� C, . 4.LA1�A-4 j_ Notary Pub m in and for Collin County, Tcxas CITY OF ALLEN PUBLIC NOTICE. Notice is hereby, given that the following ordinance wa§ adopted by'the`AOn City Council in their regular session held on Thursday, July ,1611987'(Title and Penalty Clause only):) 1t 1 Q—' %, _ilIt Ordinance No. 800-7-87: An Ordinance of the City of Allen, Collin County, Texas, Amending the Comprehensive Zoning 'Ordinance No. 366-10-81, of the City of Allen, as Heretofore Amended, so'as to Change the Zoning'Classificatiori°from "A -O" Agricultural -Open Space to l Estab- lish Permanent Zoning, To -Wit: "FP -PD" Flood Plain -Planned' Development on a Total of 95 Acres of Land More or Less, Out ofthe F. Wilmeth Survey, Abstract No. 999, the L.K. Pegues Survey, Abstract Na. 704, and the Henry Wetsel Survey; Abstract No. 1026; Providing for a Land�Usejplan; Providing for Use and Area jRegulations; Providing for a Penalty �of� FineiNot to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for an Effective Date of'Said Ordinace. That any persons 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 previ-i ously amended, and upon' conviction, shall be punished by a fine not to exceed the' 'sum of One Thousand Dollars ($1,000.00)' for each offens6.1' 4 A copy'of this ordinance may be read or purchased in the'office`of the City;SecreI ary, City of'Allen One But er Ci- 1 ,"A11 n,l Texas. t� i irdf�l, ' Marty Hendnx, � CMC, City. Secretary' �it4Vtf' ! TOWBE�P,UB ED IN THE,ALLENI AMERICAN ON WEDNESDAY, JULY 22,1 1987& ''J _SUNDAYUL`Y 26, 1987.'