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O-1560-12-97ORDINANCE NO. 1560-12-097 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE, ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM AGRICULTURE OPEN SPACE (AO) TO PLANNED DEVELOPMENT NO. 64 ON THE FOLLOWINGDESCRIBEDTRACT' OF LAND: BEING 5.309 ACRES OF LAND LOCATED IN THE HENRY WMIL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING TRACT 1 OF BUCKINGHAM POLO ESTATES; PROVIDING FOR EXHIBIT 'A' PERIMETER TREATMENT AND LAND USE PLAN; PROVIDING FOR EXHIBIT B' AREA AND USE REGUTATTONS; PROVIDING FOR EXHIBIT "LEGAL DESCRIPTION, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; 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 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. 1425-5-96, as previously amended, should be changed; NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT - SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by changing the zoning on 5.309 acres of land from Agricultural -Open to Planned Development No. 64 on the following tract of land: being 5.309 acres of land located in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas, and being Tract 1 of Buckingham Polo Estates. SECTION 2- The Perimeter Treatment and Land Use Plan attached hereto as Exhibit "A" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 3: The area and use regulations attached hereto as Exhibit "B" are made a part hereof for all purposes and shall be used in the manner and for the purposes provided for as approved herein. SECTION 4: The property described in Exhibit "C" attached hereto shall be used in the manner and for the purposes provided for as approved herein. SECTION 5: 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 6: Any person, firm, or corporation violating any of the provisions or terms of this ' ordinance shall be subject to the same penalty as provided for in 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 ($2,000.00) for each offense. SECTION 7: 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: 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 COUNCH.OF THE CITY OF ALIEN, TEXAS, ONTHE 18Ti-IDAYOF DECEMBER ,1997. Stephen Terrelt, MAYOR APPROVED AS TO FORM: ATTEST, B ' Don ey ATTO C `_. on, U S SECRETARY OrdinanceNo. 1560-12-97 Page ..0. 1191483 !6-ZI-0951'ON x3uaulDJ0 �_ PLANNED DEVELOPMENT USES 1. Purnose - This district is intended for low rise office uses, not dependent upon retail trade or retail tmffic 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 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 Reeulations: 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, TV, 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. 4. Area Reeulations: a) Size 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. ' Ordinance No. 1560-12-97 Exhibit "B" 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 total Boor area of all buildings to land area shall be a maximum of .5:1. 5. Special Conditions: a) Any turning lane requirements would not be required until full development. Before final Certificate of Occupancy of the last phase and if Highway 5 has not been widened, then a northbound right tam lane shall be installed. b) Parking shall be permitted beyond (50) feet from the State Highway 5 right-of-way and within the one hundred (100) foot building setback area. c) No access shall be allowed to Buckingham Lane and no improvement to Buckingham Lane shall be required. d) Plantings of sufficient number and size of staff approved trees to be planted along the eastern side of the building to eventually enhance the screening effects from the residential properties. 6. Building Regulations ' Type of Materials: a) It is the intent of this ordinance to have building exteriors constructed of materials that are: 1) durable, 2) easily maintained, requiring minimal maintenance and can be well maintained for the expected life to the facility, 3) aesthetically pleasing, 4) compatible with the intended use of the surrounding environment, 5) be inherently corrosion resistant to be treated to resist corrosion, and 6) be inherently out and decay resistant or be treated to resist rot and decay. b) All main building exterior wall construction materials that are exposed shall be constructed of stone, brick, tiles, glazing, framed glazing, concrete masonry units, cast concrete, concrete, stucco, or similar concrete - based masonry materials, or a mixture of masonry materials. C) Glazing, doors, windows and door frames, roof system trim, mansards, and similar visible exterior architectural treatments shall be made of materials consistent with standard construction materials d) Materials that are deemed questionable by City staff of meeting the above criteria shall, at staffs discretion, be submitted to the Board of Adjustment for final decision. e) Accessory buildings shall be constructed of materials consistent with the main structure. LWAL DESCHIPTICN I All that cactain lot, tract or parcel of land situated in the City of Allen, Texea, � �9 part o£�h t aen ct of land as Ab.'tract No. 1026,. Collin County, Texas, being the s Developers, Inc. to Doyle Y. hand , scribed in a Harranty Deed from Records, Collin Count as cecorded in Volume 2057, Page 26, 1Land Y, Texm, and being arca particularly described as follo ,: � REGI:S7ING at an iron rod found for corner in the Past right-of-way line o£ read^Highway No. 5, said point being in the centerline of Buckingham Lane, a state -E 9. 89 d private 7:x_kinghmn je, a- Z3 min. d, sec. c. alcng and near the centerline of ja a pci: ate road, a dist once of 403.77 feet to an irco rod found :cr ,,ug, L7 :,in. 3 sec. ;.. a Jistanue of 456.52 %eat to an iron %r :OMI C; rad f:.nd 1iit :ICF: 'J. 39 ,ate A6 sin. 46 dec. ti, along ird near a fence liaa, a di.; t;uxe �f `eet CO an icon rod set foc •.or;:er in the East right-of-way line of JUta . i.„.CE •!. Z4 ..cy, 07 03 sec. E. al.;ny the E]st riohtrof-way Lina of ;aid y."•+'iY a di at,mcs of 5027.78 feet to the 47SyT OF 8Frl" n, and containing :e[us of lard, u:d also b•?iny kn0-n as Tract ::a. 1 Of 3LCKinaham Polo N--b 2statea, .vr unrecorded subri'• `J•3U9 i:isiwl in Collin Cocncy, iaxas. Ordinance No. 1560-12-97 Exhibit "C”