O-1667-12-98ORDINANCE NO. 1667-12-98
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED
DEVELOPMENT -NO. 64 (PD -NO. 64) ORDINANCE NO. 1560-12-97 TO AMEND
USE AND AREA REGULATION 5e FOR 5.309 ACRES IN THE HENRY WETSEL
SURVEY, ABSTRACT NO. 1026, TRACT 1 OF BUCEINGHAM POLO CLUB
ESTATES, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR AREA
AND USE REGULATIONS AND A LAND USE PLAN, ATTACHED HERETO AS
EXHIBITS "B" AND "C", RESPECTIVELY; PROVIDING FOR A REPEALING
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City
of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given
the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair
hearing to all the property owners generally and to all persons interested and situated in the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Zoning Ordinance
No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as
previously amended, be amended by amending Planned Development No. 64 (PD -NO. 64) Ordinance No.
1560.12-97 by amending use and area regulation 5e for 5.309 acres in the Henry Wetsel Survey, Abstract No.
1026, Tract of Buckingham Polo Club Estates, 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 revised use and area
regulations and land use plan, attached hereto as Exhibits "B" and "C", respectively, which are hereby
approved and made a part hereof for all purposes.
SECTION 3. The above property shall be used only in the manner and for the purposes provided for in
the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein.
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, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
' SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, 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
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
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SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. 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. 1425-5-96 of the
City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum
of Two Thousand Dollars ($2,000) for each offense.
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, COLLIN
COUNTY, TEXAS, ON THIS THE 17th DAY OF DBC093ER '1998.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Pe'ler G. Smith, MY ATTORNEY J#dy Mo on, CMC, CITY SECRETARY
Ordinance No. 1667-12-98 Page 2
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A
LEGIS. rmscnPTICN
All that certain lot, tract or parcel of land situated in the City oL Allen, Tazea,
and being pert of the Henry Wetsel Survey, Abstract No. 1025, Collin County, Texan,
and being the same tract of land as described in a Hacranty peed from Tristar
Developers, Inc, to Doyle V. lbliver, as cecvcded in Volume 2057, Paye 25,
Records, Collin County, Texas, and being arse particularly described as follw
Lard
IFGI?2JING aC an Sc a'
Hl hva °n Point found
for corner in the Part right-of-way line of State
9 Y ?b. 5, said ng in the centerlina of
read: Huckirigham Lane, a
isiE::Y•F. 9. .39 deprivate
23 min. 00 sec.
" ii. alcng and near the centerline of said
:Crrenghe,n L:aie,e; a a pcicate road, a dial. nce of •!03.77 feat to an icon rod fourei fcr
:re
deg. 27 :,in. 33 sec. 4. a distance of '56-62 feet to an iccn ;
rod t�und
:ornar
A. ,9 ... . 46 Min. 46 sec. W, �lcng �,nd near a fence lina, a di.;ts::ce cf
•4.5.
41 ;k). to an ictn rod set foc :or::er in the F --t ciyhtrof- ay line of24
dl deg. 07 n+in• 03 sec. F. a1�ng the Fist right-cf- ay line ;:f
iiy^sty, 3 di atancs of 102748 feet to -he °CI:IT CF StJGI>?]IIiG, and conGaiair.
xcccs of land, .u:d also i>.i
.ut ,,ncecordei 3ubiiv is i:.n innY kno'n as Tract `:o. 1 of 3uckirchaia Polo Cl•Jb 9 �-
Collin'- tataa.
EXHIBIT A
EXHIBIT B
PLANNED DEVELOPMENT USES
1. Porous - 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 minimin the affect upon residential and commercial areas. The
height, setback, sign controls, and parking regulations are intended to allow
flexibility in design, and maintain aesthetics and neighborhood quality.
2. Use Regulations:
a). Such uses as allowed under the Schedule of Uses section in the Garden Office District,
Allen Comprehensive Zoning Ordinance, except for day care for children; day care for
disabled or elderly; drug store or pharmacy, installation of radio, stereo, cellular
phones, radio, N, or microwave tower, indoor retail store.
b) Such uses as may be permitted under the provisions of Section 2.06, Allen
Comprehensive Zoning Ordinance, Specific Use Permits, except for aforementioned
uses prohibited in paragraph 2, a.
3. Height Regulations -The maximum height of the main building shall be two standard
stories, but shall not exceed thirty-five feet in height. In no event, however, shall any
building within eighty (80) feet of the property line have any second story windows directly
facing the residential district on the south and east property line.
I4. Area Regulations:
a) Sin of Yards:
(1) Front Yards:
a) There shall be a minimum front yard having a depth of
not less than fifty (50) feet adjacent to any street. The
front yard adjacent to SH 5 (Greenville) shall be a
minimum of 100 feet (See attached Site Plan).
Parking shall be permitted beyond 50 feet from S.H. 5,
but within the 100 -foot setback.
b) Lots having double frontage shall provide the required setbacks
from both streets.
(2) Side and Year Yards - No side and rear yard is required except that a
rear yard of not less than (50) feet in depth shall be provided upon 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 main
buildings and accessory buildings. The ratio of mml floor area of
all buildings to land area shall be a maximum of .5:1.
Ordinance No. 1667-12-98
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