O-368-10-81r
ORDINANCE NO. 368-10-81
AN ORDINANCE REPEALING ORDINANCE NO. 325 AND CREATING A
PLANNED DEVELOPMENT FOR THE PURPOSE OF CONTROLLING THE
DEVELOPMENT OF LAND IN AND AROUND THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS; PROVIDING FOR USES AS PRESCRIBED IN THE SHOPPING
CENTER, LIGHT INDUSTRIAL, AND MULTI -FAMILY I DISTRICTS OF THE
COMPREHENSIVE ZONING ORDINANCE ON THE TRACT OF LAND BOUNDED
ON THE EAST BY STATE HIGHWAY 5, BOUNDED ON THE WEST BY SOUTHERN
PACIFIC RAILROAD, BOUNDED ON THE SOUTH BY BETHANY ROAD, AND
BOUNDED ON THE NORTH BY AN EXISTING R-3 RESIDENTIAL ZONING
DISTRICT; 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 Council of the City of Allen, Texas, is charged with the
responsibility of providing for the public health, safety, and welfare of the people of the
community; and,
WHEREAS, planned development areas offer a reasonable method for a city to provide
control over traffic, sewage, water and other factors vitally connected to the public health,
safety, and welfare; and,
WHEREAS, the property described has been lawfully incorporated into the City of Allen,
Collin County, Texas; and,
WHEREAS, the legal notices required for zoning have been given in the manner and form
set forth by law and public hearings have been held on the proposed zoning classification;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1. That from and after the effective date of this Ordinance, Ordinance
No. 325 is hereby repealed.
SECTION 2. That the property bounded generally on the east by State Highway 5,
Ordinance No. 368-10-8 page 1
and on the south by Bethany Road, and on the west by the Southern Pacific Railroad, and on
the north by an existing R-3 residential zoning district as delineated by the official zoning
map as PD No. 3, said areas of land being more specifically described by metes and bounds on
"Exhibit All attached hereto and which is hereby made a part of this Ordinance by reference
for all purposes, the same being referenced to in "Exhibit All to correspond to the areas as
shown herein, to -wit: Area 1 - Light Industrial, Area 2 - Multi -Family I, and Area
3 - Shopping Center.
SECTION 3. ALLOWED USES That the above described areas of land shall be
used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance
of the City of Allen, Texas, 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
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 4. DEVELOPMENT STANDARDS: That certain standards for
development shall be adhered to, as follows:
a. An area within the Area 1 Light Industrial Zoning District, fronting on State
Highway 5 and measuring a depth of 100' within said zoning district from State Highway
5 and parallel to State Highway 5 shall be reserved in greenbelt for landscaping, and that
Ordinance NO.368-10-S1Page 2
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 line between the existing R-3 Residential District
located to the north and the Area 1 (Light Industrial) 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
located to the north must be issued on seventy-five percent (75%) of the single-family
dwellings in such area prior to the issuance of any building permits in the Area 1 (Light
Industrial).
SECTION 5. PENALTY: Any person, firm or corporation who shall violate any of
the provisions of this ordinance or who shall fail to comply with the provisions hereof shall be
guilty of a misdemeanor, and upon conviction shall be subject to a fine not to exceed Two
Hundred Dollars ($200.00), and each day that such violation continues shall constitute a
separate offense and shall be punishable accordingly.
SECTION 6. VALIDITY: If any section, paragraph, subdivision, clause, phrase or
provisions 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 No368-10-8-lPage 3
Ordinance, as the law in such cases provides.
DULY PASSED by the City Council of the City of Allen, Texas, on the 19th day of
October , 1981.
ATTEST:
arty Hendrix, Ci Secretary
APPROVED AS TO FORM:
A. Don Crowder, Attorney
APPROVED:
M. B. Pierson, Mayor
Ordinance No.368-10-81Page 4
RXNIRIT "A"
LIGHT INDUSTRIAL DISTRICT - Area "1"
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 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 210 42' 00" 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 the Plat
Records, Collin County, Texas;
THENCE N 210 42' 00" E with the east Right-of-way lihe of the said railroad a distance of
1,240.00 feet to a point for corner;
THENCE S 68° 18' 00" E a distance of 400.00 feet to the beginning 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 880 53' 47" E a distance of 189.22 feet to a point for corner;
THENCE S 10 0611311 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 590 25' 00" 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 300 35' 00" W with said Right-of-way line a distance of 591.21 feet to a point for
corner;
THENCE N 590 25' 00" W a distance of 450.00 feet to a point for corner;
THENCE S 300 35' 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 Road, N 210 11' 00" W, 356.41 feet with a curve to
the left 483.12 feet, N 680 18' 00" W 465.00 feet to the Place of Beginning and containing 46.50
acres of land.
MULTI -FAMILY I DISTRICT - Area "2"
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 a point in the West Right-of-way line of State Highway No. 5, said point being
N 300 35' 00" E 1,800.00 feet from the intersection of the North Right-of-way line of Bethany
Road;
THENCE N 590 25' 00" W a distance of 620.00 feet to the beginning 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;
Exhibit "A" (Ordinance N0368-10jalpage 1
THENCE N 10 06' 13" E a distance of 47.93 feet to a point for corner;
THENCE S 880 53' 47" E a distance of 840.00 feet to the beginning 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 590 25' 00" 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 300 35' 00" W a distance of 600.00 feet to the Place of Beginning and containing
7.56 acres of land.
SHOPPING CENTER DL13TRICT - Area "3"
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 590 25' 00" 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 210 11' 00" W a distance of 79.36 feet to a point for corner;
THENCE N 350 35' 00" E a distance of 1042.58 feet to a point for corner;
THENCE S 590 25' 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 300 35' 00" W a distance of 613.63 feet to a point for corner;
THENCE N 590 25' 00" W a distance of 295.16 feet to a point for corner;
THENCE S 300 35' 00" W a distance of 295.16 feet to a point for corner;
THENCE S 590 25' 00" E a distance of 295.16 feet to a point for corner;
THENCE S 300 35' 00" W a distance of 300.00 feet to the Place of Beginning and containing
10.000 acres of land.
Exhibit "A" (Ordinance No. 368-10--BPage 2
r
THENCE N 10 06' 13" E a distance of 47.93 feet to a point for corner;
THENCE S 880 53' 47" E a distance of 840.00 feet to the beginning 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 590 25' 00" 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 300 35' 00" W a distance of 600.00 feet to the Place of Beginning and containing
7.56 acres of land.
SHOPPING CENTER DL13TRICT - Area "3"
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 590 25' 00" 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 210 11' 00" W a distance of 79.36 feet to a point for corner;
THENCE N 350 35' 00" E a distance of 1042.58 feet to a point for corner;
THENCE S 590 25' 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 300 35' 00" W a distance of 613.63 feet to a point for corner;
THENCE N 590 25' 00" W a distance of 295.16 feet to a point for corner;
THENCE S 300 35' 00" W a distance of 295.16 feet to a point for corner;
THENCE S 590 25' 00" E a distance of 295.16 feet to a point for corner;
THENCE S 300 35' 00" W a distance of 300.00 feet to the Place of Beginning and containing
10.000 acres of land.
Exhibit "A" (Ordinance No. 368-10--BPage 2