O-471-11-83ORDINANCE NO. 471-11-83
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO
AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM
"LI" LIGHT INDUSTRIAL CLASSIFICATION TO "PD" PLANNED
DEVELOPMENT NO. 15, SAID TRACT OF LAND BEING DESCRIBED AS
FOLLOWS: APPROXIMATELY 4.251 ACRES OF LAND, MORE OR LESS,
OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, BEING A
PART OF TRACT NO. 6 NORTH AND PART OF TRACT NO. 5
CONVEYED TO CHARLES A. FORBES, TRUSTEE BY DEED RECORDED
IN VOLUME 1407, PAGE 342 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING
FOR A SITE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH
OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City 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 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 the Comprehensive Zoning Ordinance of the City of Allen,
Texas, as heretofore amended, be and the same is hereby amended by amending the
Zoning Map of the City of Allen to give the following -described tract of land the
following zoning classification, to -wit: That the area be and the same is hereby zoned
as "PD" Planned Development No. 15:
See Exhibit "A" attached hereto and made a part hereof for all purposes.
Ordinance No. 471-11-83 - Page 1
SECTION 2. That the Use Regulations described as Exhibit "B" and attached
hereto and made a part hereof for all purposes shall be the governing regulations for PD
(Planned Development) No. 15.
SECTION 3. That the Site Plan approved and described as Exhibit "C"
attached hereto and made a part hereof for all purposes shall be adhered to in its
entirety for the purposes of development of PD (Planned Development) No. 15.
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, all other provisions of said ordinances not in conflict herewith shall remain in
full force and effect.
SECTION 5. 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 Exhibits "B" and "C".
SECTION 6. 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 Two Hundred
Dollars ($200.00) for each offense.
SECTION 7. 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 delcares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
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.
i
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Ordinance No. 471-11-83 - Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 3Rn DAY OF NOVEMBER , 1983.
APPROVED:
M. B. Pierson, Mayor
ATTEST:
Marty Hendrix, Coy Secretary
APPROVED AS TO FORM:
A. Don Cr er, City Attorney
Ordinance No. 471-11-83 - Page 3
Attachment to Ordir ;e No. 471-11-83, Adopted 1'-3-83
Exhibit "A"
BEING a 4.251 acre tract of land situated in the City of
Allen, Collin County, Texas, out of the William Perrin
Survey, Abstract No. 708, and being part of Tract #6
North and part of Tract #5 conveyed to Charles A. Forbes,
Trustee by deed recorded in Volume 1407, Page 342 of the
Deed Records of Collin County, Texas, said 4.251 acre
tract of land being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod set in the northerly right-
of-way line of Bethany Road (a 110 foot R.O.W.) in a curve
to the left for the common most southeasterly corner of
said Tract #6 North and the herein described tract, the
radius point of said curve being situated South 14142'39"
West a distance of 786.42 feet from said iron rod;
THENCE with the northerly right-of-way line of Bethany Road
the following:
Westerly with said curve to the left through a central
angle of 00°40'55" an arc distance of 9.36 feet to a 1/2
inch iron rod set for corner;
South 14°01'44" West a distance of 5.00 feet to a 1/2 inch
iron rod set for point of cusp of a curve to the left, the
radius point of said curve being situated South 14°01'44"
West a distance of 781.42 feet from said iron rod;
Southwesterly with said curve to the left through a central
angle of 29159'39" an arc distance of 409.07 feet to a 1/2
inch iron rod set for corner;
THENCE departing the northerly right-of-way of Bethany Road,
North 14001144" East a distance of 534.65 feet to a 1/2 inch
iron rod set for corner in the northerly line of said Tract
#6 North;
THENCE with the northerly line of Tract #6 North South 75058116"
East a distance of 400.00 feet to a 1/2 inch iron rod found
for the northeast corner of said Tract #6 North;
THENCE with the easterly line of Tract #6 North South 14101'44"
West a distance of 425.06 feet to the POINT of BEGINNING;
CONTAINING an area of 4.251 acres of land, more or less.
Nova Development Company
uuY SECRETARY
0FF1'G`1AL FILE
BETHANY TECH
Bethany road i u. s. highway 75
N O V A D E V E L O P M E N T
DICKSON / WELLS
CENTER
alien , texas
C OM P A N Y
Attachment to:
Ordinance No. 471-11-83
Adopted 11--3-83
Exhibit "B" P Q A i5
ARCHITECTS INC.
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CITY OF ALLEM, TUM
ZONING APPLICATION
Application is hereby made to the City Council to amend the Zoning
Ordinance and to change the Zoning District Map of the City of Allen,
Texas, as hereinafter set forth, and in support of such request the following
facts are shown:
NAIL OF OWNER: Bethany Tech Center Assoc., ttd.
NAILING ADDRESS: 8235 Douglas Ave., Suite 1350, Dallas. TX 75225
NAIL OF APPLICANT: Dickson/Wells Architects Inc.
NAILING ADDRESS: 4000 McEwen, Suite 110, Dallas, TX_ 75234
APPLICANT'S INTEREST: Architect PHONE: 934-8101
(owner, agent, lease, option, etc.)
PROPERTY DESCRIPTION: See attached
(legal descrip
or map must be at
Wm. Perrin survey ABS. No. 708, part of tracts 5 & 6 (see attached survey).
SUBDIVISION: BLOCL: LOT:
ADDRESS:
CHANGE REQUEST FROM LI DISTRICT TO PD DISTRICT
SON FOR REQUEST Revise zoning to allow parking in the 100 ft. front yard.
PROPOSED USE OF PROPERTY Refer to Use Regulations under Light Industrial
District.
ARE THERE DEED RESTICTIONS WHICH WOULD PREVENT THIS PROPERTY BEING USED IN THE
MANNER HEREIN PROPOSED? No
I, Juris Laivins . do hereby certify that.I = authorized to
act for Bethany Tech Center Assoc. . owner of the above named property
in making this zoning application. -• I
FEE PAID:$ 250.00
ACCEPTED BY: ✓ V�
DATE:
DATE
ZONING CASE NO.
CITY _OF_ALLEN
PROPOSED PD - Light Industrial District Regulations for Bethany Road
at U. S. 75.
1. Purpose - This district is characterized by development of
industrial parks for the purpose of light distribution, processing,
and manufacturing. The regulations in this district are intended
to preserve a light industrial nature particularly with regard to
architecture, aesthetics, noise, odor, dust, and other noxious
conditions.
2. Use Regulations:
A. Office Buildings.
B. Electronics Products Manufacturer.
C. Apparel or Related Manufacturer.
D. Light Fabrication and Assembly.
E. Printing Establishment.
F. Distribution Center (no outside storage).
G. Uses similar to the above listed uses provided activities con-
ducted observe the requirements of all City Ordinances.
H. Such uses as may be permitted under the provisions of Section
2.06, Specific Use Permit.
3. Height Regulations - The maximum height for the main building
shall be 3 standard stories but shall not exceed forty-five (45)
feet in height provided that any building or portion thereof may be
erected above said limit if set back for each one (1) foot of its
height above said limit. In no event, however, shall any building
exceed thirty (30) feet in height when located within two hundred
(200) feet of any property zoned for residential purposes.
4. Area Regulations:
A. Size of Yards:
rF Front Yard:
a. 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.
b. There shall be a minimum front yard having a depth of
not less than fifty (50) feet adjacent to any street
5.
with a right-of-way less than one hundred (100) feet
provided that any building or portion of a building
greater than forty-five (45) feet in height must be set
back from the property line 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.
c. Lots having double frontage shall provide the required
setback from both streets.
d. For parking areas in the front yard, there shall be a
minimum thirty (30) foot landscaped area between the
property line and the edge of parking curb.
2) Side Yards: 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 (25) feet
provided that any building or portion of a building greater
than forty-five (45) 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.
3) Rear Yard: There shall be a minimum rear yard of twenty-
five (-2-57 feet except that 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.
a. Lot Coverage: No requirement except that required by
establishment of yards or landscaping requirements.
b. Floor Area Ratio: The ratio of total floor area of
T111 buildings to total land area shall be a maximum of
1:1.
Building Regulations:
A. Type of Materials - All main building exteriors shall be con-
structed of stone, brick, tiles, cement, concrete, or similar
materials.
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FIELD NOTE :)ESCAI►TION
BEING a 4.2S1 acre tract of land situated in the City of Allen, Collin
County, Teras• out of the Wil Iia Perrin Survey, A�slract N,anber 708, and
being part of Tract F6 North and part of Tract FS conveyed to Charles A.
Forbes, Trustee by deed recorded in volume 1407, Page Tat of the Deed
Records of Collin County, Teas. tnd 4 251 acre tract of land being wore
Particularly described as follows:
BEG14MING at a 1/2 inch Iron rod set in the northerly right -of -y line of
Bethany Road (a 110 foot R.O.W. ) in a curve to the left for the cm,00n most
southeasterly corner of said Tract 06 North and the herein described tract,
the radius point of said curse tieing situated South 14042'39• West a
distance of /86.42 feet frois said iron rod;
THENCE with the northerly fight -of -way I me of Eethany Rad the following:
1lestelrly with 111II�r ve to the left through A central angle of
00040.55' an arc distance of 9.76 feet to a 1/2 inch iron rod set for
corner;
South 14001'44' West a distance of 5.00 feet to a I/2 inch iron rod set
for point of cusp of A curve to the left, the radius point of said
curve being situated South 14001'41• West a distance of 781.42 feet
frou said iron rod;
Southwesterly with Said curve to the left through a central angle of
29059'39• an arc distance of 409.07 feet to a 1/2 inch iron rod set for
corner;
THENCE departing the northerly right-of-way of Bethany Read North
14001'44' Ent a distance of 574 65 feet to A 1/2 inch iron rod at for
corner in the northerly line of said Tract 06 North,
THENCE with the northerly line of Tract 16 North South 71058'16' Ent a
distance of 400.00 feet to a 112 inch iron rod fou.d for the northeast
corner of ",d Tract 06 North,
11[NCE with the easicrly line of Tract 16 horth youth 14001'44• Nest a
distance of 425 06 feet to the POINT Of Bf GINNING;
CONTAINING an mea of 4.751 acres of land, more or less.
I, rary C 5: es, a P=g,slc„d publiC Surveyor, au herwby certify Lhat the
pial shown hay •nn rrpiesrmts the results of an on the ground s r.ey made
under ny direction ud upervision during the mohlh of August, u 1487, and
that ell corneas are shown hereon.
A�' pu Tic Surveyor Na. '4051
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FULD MON KPIN EW4
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NOVA DEVELOPMENT
BOUNDARY SURVEY
4 251 ACRE CUTOFF OUT OF TRACT rah NORTH
ALLEN. COLLIN COUNTY. TEXAS
Geogram Corporation
�I Land Surveyors - ErgtriNr•
.ewvow Dara ioaausr .ewre I
ioawo as' -sr
AFFIDAVIT AND PROOF OF PUBLICATION
STATE OF TEXAS
JTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been
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-
*ntly than once a week, having a general circulation in said county, and having been published regularly and con-
mously for more than twelve months prior to publishing
�f which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
I 1t\r-71 g,-:;�
d which was issued on 1 �� I -( l k3 , by
Collin County, Texas. A printed copy of said publication is
IBED AND SWORN to before me this _
blisher's Fee $ /-�)• Oa
1
day of/ ci C , A.D. 19 .
Notary Public in and for Collin County, Texas
CITY OF dLLEIQ
NOTICE OF
PUBLIC HEARING,
The Allen City Council
at their Regular Meeting
on November 3, 1983, at
7:30 p.m. in the Council
Chambers, at the Allen
Municipal Annex
Building, One Butler Cir-
cle, Allen, Texas, will
conduct a Public Hear -
.ng to consider a request,
for,, rezoning of T4.251
acres out of.the William,
Perrin Survey, Abstract
No. 708. This land is fur-
ther described' as fron-
ting on the north side of
Bethany Road and ap-
proximately 240 feet east
of U.S. Hwy. 75.
Current zoning.on this
property is LI (Light In-
dustrial). The request is
by Nova Development
Company for rezoning to
PD (Planned Develop-
ment).:
Anyone wlsfjn'g to
speak FOR or,AGAINST
this rezoning request is
invited to attend this
public hearing and voice
their opinion.
If further information
is needed call the Allen
Municipal Annex,
Department, of Com-
munity Development, at
727.9171 or 424.7518 ,
(_mei-ro) a�refer to Zon-
ing I , Case, ' No.
Z8--29-83-39.
' Marty Hendrix,
City Secretary
(Published. In'. The Allen
American on Monday,
October 17..1983).
This Page is too large to OCR
CITY OF ALLEN
ORDINANCES & RESOLUTIONS
YEAR I q 113
ORDINANCE/RESOLUTION 14 r7
DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A
(number)
35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE
DUPLICATE ROLL LOADED INTO MICROFILM JACKETS.
The 35mm microfilm jackets for the entire year are filed at the end
of all 16mm microfilm jackets for that year. All 16mm and 35mm
jackets are consecutively numbered.