O-325-1-81t� l
0
i
ORDINANCE NO. 325
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, AMENDING THE
ZONING ORDINANCE OF THE CITY OF ALLEN, TEXAS, AS HERETOFORE
AMENDED: BY AMENDING THE ZONING DISTRICT CLASSIFICATIONS OF THE
TRACT OF LAND BOUNDED ON THE EAST BY STATE HIGHWAY 5; BOUNDED
ON THE WEST BY THE SOUTHERN PACIFIC RAILROAD; BOUNDED ON THE
SOUTH BY BETHANY ROAD; AND BOUNDED ON THE NORTH BY AN EXISTING
"R-3" RESIDENTIAL ZONING DISTRICT FROM THE CURRENT ZONING DISTRICT
CLASSIFICATIONS OF "R-3", "R -16 -PD", AND "LR -PD" TO PLANNED
DEVELOPMENT ZONING DISTRICTS "GI -PD" AND "LR -PD" AND ZONING
DISTRICT "R -16 -PD"; ESTABLISHING DEVELOPMENT STANDARDS FOR
PLANNED DEVELOPMENT ZONING DISTRICTS; WITHHOLDING CERTAIN
BUILDING PERMITS; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE
RELIEF; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
HUNDRED DOLLARS ($200.00); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission of the City of Allen, Texas, in
compliance with the Charter of the City of Allen, Texas, and the State Law with reference to
the granting of changes of zoning under the zoning ordinance regulations and zoning map, have
given the requisite notices by publication and otherwise, and after holding due hearings and
according a full and fair hearing to all the property owners generally, and to the persons
interested and situated in the affected area and in the vicinity thereof, the governing body of
the City of Allen, Texas, is of the opinion that due to a change in condition and in order to
protect the public health, welfare and safety, said changes of zoning should be granted, as set
out herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1 - ZONING AMENDED: That the Comprehensive Zoning Ordinance of the
City of Allen, Texas, be, and the same is hereby amended by amending the Zoning Districts
Map of the City of Allen, Texas, for that area bounded generally on the east by State Highway
5, on the south by Bethany Road, on the west by the Southern Pacific Railroad, and on the
north by an existing "R-3" Residential zoning district, so as to Irhange the zoning on the
following described areas of land from "R-3" Residential, "R 16 -PD" Residential, and
"LR -PD" Local Retail Planned Development zoning districts to "GI -PD" General Industrial
Planned Development, "LR -PD" Local Retail Planned Development, and 1IR-16-PD"
Residential Planned Development zoning districts:
AREA 1 - From 11R -16 -PD" Residential Planned Development and "LR -PD" Local
Retail Planned Development to "GI -PD" General Industrial Planned
Development
AREA 2 - From "LR -PD" Local Retail Planned Development and 1IR-16-PD"
Residential Planned Development to "LR -PD" Local Retail Planned
Development
AREA 3 - From 11R-3" Residential to 11R -16 -PD" Residential Planned Development
Said areas of land being more
specifically
described by metes and bounds on Exhibit
"A"
attached hereto and which is
hereby made
a part of this Ordinance by reference for
all
purposes, the same being referred to in Exhibit "A" to correspond to the areas as shown herein,
to -wit: Area 1, Area 2 and Area 3.
SECTION 2 - ALLOWED USES: That the above described areas of land shall be used
only in the manner and for the purposes provided by the Zoning Ordinance of the City of Allen,
Texas, as heretofore amended, and as amended herein; and except that the following uses are
expressly prohibited:
a. Acid manufacture.
b. Cement, lime gypsum or plaster of paris manufacture.
C. Distillation of bones and glue manufacture.
d. Explosives manufacture or storage.
e. Fat rendering and fertilizer manufacture.
f. Garbage, offal, or dead animal reduction or landfilling.
g. Magnesium manufacture or processing.
h. Paper or pulp manufacture.
i. Refining or bulk tank storage of petroleum or petroleum products.
j. Smelting of tin, copper, zinc or iron ores, and other metals.
k. Stockyards or slaughter of animals.
1. Wrecking yards and junk yards.
M. Contractor's yards.
9
n. Coal, coke, or wood yards.
o. Other like or similar uses which may be deemed by the City Council to be offensive
by reason of smoke, dust, odor, gas, noise, visual, or other polution.
SECTION 3 - DEVELOPMENT STANDARDS: That certain standards for development
shall be adhered to, as follows:
a. An area within the Area 1 "GI -PD" zoning district, as above described,
fronting on State Highway 5 and measuring a depth of one hundred feet (1001) within said
zoning district from State Highway 5 and parallel to State Highway 5 shall be reserved in
greenbelt for landscaping, and that not more than two (2) streets or driveways shall be
allowed through such greenbelt.
b. A masonry wall or living screen of a minimum of six feet (61) in height shall
be constructed along the boundary between the "GI -PD" and existing "R-3" Residential
districts prior to the issuance of any Certificate of Occupancy for any single-family
residential structure within said "R-3" Residential district.
C. A Certificate of Occupancy for the single-family residential zoning area
must be issued on seventy-five percent (75%) of the single-family residential zoning
section of the development prior to issuance of any building permits in the General
Industrial (GI -PD) zone.
SECTION 4 - BUILDING PERMITS WITHHELD: That it shall be in violation of this
Ordinance for any official of the City of Allen, Texas, to issue any building permit for
construction of a building within the "GI -PD" zoning district for a period of twelve (12) months
or until said area is again rezoned for "LI -PD" Light Industrial Planned Development uses
under an amended Comprehensive Zoning Ordinance currently under review by the City of
Allen, Texas, whichever shall come first.
SECTION 5 - PENALTY: 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
the Comprehensive Zoning Ordinance of the City of Allen, Texas, and upon conviction shall be
punished by a fine not to exceed Two Hundred Dollars ($200.00) for each offense.
SECTION 6 - VALIDITY: If any section, paragraph, subdivision, clause, phrase or
provision of this Ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this Ordinance as a whole or any part or portion thereof, other than that
portion so decided to be invalid or unconstitutional.
SECTION 7 - INJUNCTIVE RELIEF: In addition to and accumulative of all other
penalties, the City shall have the right to seek injunctive relief for any and all violations of
this Ordinance.
SECTION 8 - EFFECTIVE DATE: Whereas, it has been found through planning studies
and analyses of the above-described property in accordance with the Comprehensive Urban
Plan for the City that a change of conditions exists from the original zoning of the above-
described property, it is now necessary that it be given the above zoning classifications in
order to permit its proper development, and in order to protect the public interest, comfort
and general welfare of the City of Allen, Texas, and creates an urgency and an emergency in
the preservation of the public health, safety and welfare, and requires that this Ordinance
shall take effect immediately from and after its passage, and publication of the caption of said
Ordinance, as the law in such cases provides.
DULY PASSED by the City Council of the City of Allen, Texas, on the day of
�V
1981.
APPROVED:
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
MAYOR
CITY S RETARY
l
Zoning District
Field Notes
For 66.06 Acres
GENERAL INDUSTRIAL DISTRICT - Area "D"
BEING a tract of land in the William Perrin Survey, Abstract
No. 708, Allen, Colin County, Texas, and being more particu-
larly described as follows:
BEGINNING at a point in the east line of the Southern Pacific
Railroad Right-of-way, said being the intersection of said
Right-of-way line, and the north line of Bethany Road, this
beginning point also being S 21042100" W a distance of 1,707.09
feet from the Southwest corner of Allenwood Addition, First
Installment as recorded in Volume 3, page 83 of Plat Records,
Collin County, Texas;
THENCE: N 21042'00" E with the east Right-of-way line of the
said railroad a distance of 1,240.00 feet to a point
for corner;
THENCE: S 68018100" E a distance of 400.00 feet to the begin-
ning of a curve to the left;
THENCE: With the curve, having a radius of 1,260.38 feet for
a distance of 453.08 feet to a point of Tangency;
THENCE: S 88053'47" E a distance of 189.22 feet to a point for
- corner;
THENCE: S 1006'13" W a distance of 47.93 feet to the beginning
of a curve to the left;
THENCE: With the curve, having a radius of 236.84 feet for a
distance of 250.18 feet to a point of Tangency;
THENCE: S 59025100" E a distance of 620.00 feet to a point for
corner, said point being in the West Right-of-way line
of State Highway No. 5;
THENCE: S 30035'00" W with said Right-of-way line a
distance of 591.21 feet to a point for corner;
THENCE: N 59025'00" W a distance of 450.00 feet to a
point for corner;
THENCE: S 30035'00" W a distance of 1042.58 feet to a point
for corner said point being in the North Right-of-way
line of Bethany Road;
THENCE: With said North line of Bethany Rd., N 21011'00" W,
356.41 feet with a curve to the left 483.12 feet,
N 68018100" W 465.00 feet to the Place of Beginning
and containing 46.50 acres of land.
RESIDENTIAL R-16 DISTRICT - Area "C"
BEING A TRACT OF LAND IN THE William Perrin Survey; Abstract
No. 708, Allen, Collin County, Texas and being more particu-
larly described as follows:
BEGINNING at a point in the West Right-of-way line of State
Highway No. 5, said point being N 30035100" E 1,800.00 feet
from the intersection of the North Right-of-way line of Beth-
any Road;
THENCE: N 59025100" W a distance of 620.00 feet to the begin-
ning of a curve to the right;
THENCE: With the curve, having a radius of 236.84 feet for
a distance of 250.18 feet to a point of Tangency;
THENCE: N 1006113" E a distance of 47.93 feet to a point for
corner;
THENCE: S 88053147" E a distance of 840.00 feet to the begin-
ning of a curve to the right;
THENCE: With the curve, having a radius of 190.00 feet for a
distance of 97.78 feet to a point of Tangency;
THENCE: S 59025100" E a distance of 25.00 feet to a point for
corner, said point being in the West Right-of-way line
of State Highway No. 5;
THENCE: S 30035100" W a distance of.600.00 feet to the Place
of BEGINNING and containing 7.56 acres of land.
LOCAL RETAIL DISTRICT-- Area "E"
BEING a tract of land in the William Perrin Survey, Abstract No.
708, Allen, Collin County, Texas and being more particularly
described as follows:
BEGINNING at the intersection of the West Right-of-way line of
State Highway No. 5 and the North Right-of-way line of Bethany
Road;
THENCE: N 59025100" W 50.00 feet to the beginning of a curve
to the right;
THENCE: With the curve, having a radius of 545.87 feet for a
length of 364.26 feet to a point of Tangency;
THENCE: N 21011'00" W a distance of 79.36 feet to a point
for corner;
THENCE: N 35035100" E a distance of 1042.58 feet to a point
for corner;
THENCE: S 59025'00" E a distance of 450.00 feet to a point
for corner, said point being in the West Right-of-way
line of Highway No. 5;
THENCE: S 30035100" W a distance of 613.63 feet to a point
• ;•4,� ,rte
for corner;
THENCE:
N 59025100"
W a
distance
of
295.16
feet
to
a point
for corner;
THENCE:
S 30035100"
W a
distance
of
295.16
feet
to
a point
for corner;
THENCE:
S 59025100"
E a
distance
of
295.16
feet
to
a point
for corner;
THENCE:
S 30035100"
W a
distance
of
300.00
feet
to
the Place
of BEGINNING
and
containing
10.000
acres
of
land.
• ;•4,� ,rte
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s
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, 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, 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
/ Z),, F95—
of
SS
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on�3 , by
of Collin County, Texas. Wprinted coy of said publication is alkached hereto.
1-0
SUBSCRIBED AND SWORN to before me this day o , A.D. 19
p Notary Public in and for Collin County, Texas
Publisher's Fee $ % a 0
Sin ,��� ; oz
.2• PU' Notice;
ORDINANCE NO. 325
AN ORDINANCE of
"C►tY of',gllen; Texas, amens"
ding the zoning ordinance
of the City of Allen, Texas,
as heretofore amended: By
amending the zoning
district classifications of
the tract of Ian d bounded on
the east by State Highway 5.
bounded on the west by the
Southern
bounded Pacific Railroad;
on the south b
I Bethany Road; and boude
nd
I by the north by an existing
R'3" Residential Zoning
District from the current
zoning district ciasslflca-
tions of "R.3' "R•16 -PD"
and "LR.PD" 'to Planned
Development Zoning
Distaiintricts;
' , withholding car.
VIM bulld,n9 Permits; pro-
vidin g a saving clause; pro-
viding Injunctive relief; pro -
9 a penalty of fine not J
to exceed the sum of two
(52
and
hundred dollars 00.00); I
date. providing an effective
SECTION d --EFFECTIVE
DATE: Whereas, it has been
found through
ing
studies and analyses
Of the
above-described pros rt the
accordance property In
prehensive with the Com -
the C►t Urban Plan for
conditions Nexists c fromethe
original zoning of the above.
described property, it !s
now necessary that it be
given the above zoning
classifications in order to
Permit Its proPer develop-
ment, and in order to pro-
tact the public Interest,
comfort and general welfare
Of the City of Allen, Texas,
and creates an urgency and
and emergency In the
preservation Of the public
health, safety and welfare,
and requ►res that this 6.,
take take effect im-
mediately from and after Its
passage, and Publicatio
the caption n of
Of said Or.
dlnance, as the law In such
cases provides.
DULY PASSED by the Ci.
ounAllen, Tof the
To
City Of
dayof Janu 8, on the 15th
ry, 1981.
APPROVED:
M.B. Pierson
ATTEST: Mayor
/s/Juane►le Dalsing
City Secretary
(Published In the Allan
American, Monday. January
28 and Th
28, ursday, January
19a1).
............
2. Public Notices
ORDI -NO.325
AN ORDINANCE, of the
City of Allen, Texas, amen-
ding the zoning ordinance
of the City of Allen, Texas,
as heretofore amended: By
amending the zoning
district classifications of
the tract of land bounded on
the east by State Highway 5;
bounded on the west by the
Southern Pacific Railroad;
bounded on the south by
Bethany Road; and bounded
by the north by an existing
"R-3" Residential Zoning
District from the current
zoning district classifica-
tions of "R-3', "R -16 -PD",
and "LR -PD" to Planned
Development Zoning
Districts; withholding cer-
taln building permits; pro-
viding a saving clause; pro-
viding Injunctive relief; pro-
viding a penalty of fine not,
to exceed the sum of two
hundred dollars ($200.00);
and providing an effective
date.
SECTION 8—EFFECTIVE
DATE: Whereas, It has been
found through planning
studies and analyses of the
above-described property In
accordance with the Com-
prehensive Urban Plan for
the City that a change of
conditions exists from the
original zoning of the above-
described property, It Is
now necessary that it be
given the above zoning
classifications In order to
permit Its proper develop-
ment, and In order to pro-
tect the public Interest,
comfort and general welfare
of the City of Allen, Texas,
and creates an urgency and
and emergency In the
preservation of the public
health, safety and welfare,
and requires that this Or-
dinance shall take effect Im-
mediately from and after Its
passage, and publication of
the caption of said Or-
dinance, as the law In such
cases provides.
DULY PASSED by the Ci.
ty Council of the City of
Allen, Texas, on the 15th
day of January, 1981.
APPROVED:t
Isl W.B. Pl&son
Mayor
ATTEST:
IslJuanelle Dalsing
City Secretary
(Published In the Allen
American, Monday, January
26 and Thursday, January
28, 1981).
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, 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, 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), _
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on AYef 9�0 , by
of Collin County, Texas. A printed copy of said publication is a ched hereto.
SUBSCRIBED AND SWORN to before me this 11 S day of
Publisher's Fee $77)
C?4_
, A.D. 19 �� .
J
v
Notary Public in and for Collin County, Texas
PUBLIC NOTICE
The City Council of the
City of Allen will hold a
Public Hwa zoning
request, January 15, 1981,
7:30 P.M. at Rountree
Elementary School, 800 E.
Main, Allen, Texas.
This request is to change
the zoning on approximate-
ly 66.06 acres out of the
William Perrin' Survey,
Abstract No. 708 from Its
ton oftR 3, R-1zonin6PD andfica. LR.
PD to R-16, GI -PD and LR -PD
(Planned Development).
This location being further
described, as,sfronting the
west side of Highway 5 bet-'w'eewk Keith Drive and
Bethany Road.
Anyone wishing to speak
For or Against this request
should be present at this
time. For further informa.
tion call 727-3336 or
424.5918.
-s-Juanelle Dalsing
City Secretary
(Published In The Allen
American, Monday,
December 29, It,