O-504-4-84R
ORDINANCE NO. 5 0 4- 4- 8 4
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 ESTABLISH PERMANENT ZONING, TO -WIT: "PD" PLANNED
DEVELOPMENT NO. 21, ON THE FOLLOWING -DESCRIBED TRACT OF
LAND: APPROXIMATELY 40 ACRES OF LAND, MORE OR LESS, OUT
OF THE JAMES L. REED SURVEY, ABSTRACT NO. 758, COLLIN
COUNTY DEED RECORDS, COLLIN COUNTY, TEXAS; PROVIDING FOR
A LAND USE AND CONCEPT PLAN; PROVIDING FOR USE
REGULATIONS; 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 should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 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. 21.
See Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the Land Use and Concept Plan attached hereto as Exhibit
"B„ and made a part hereof for all purposes shall be adhered to in its entirety for
Ordinance No. 504-4-84 - Page 1
purposes of development of PD (Planned Development) No. 21.
SECTION 3. That the Use Regulations described as Exhibit "C" and attached
hereto and made a part hereof for all purposes shall be the governing regulations for PD
(Planned Development) No. 21.
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provisions of this ordinance shall be, and the same are hereby, repealed; provided,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 of the City of Allen, as
heretofore 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
Ordinance No. 504-4-84 - Page 2
ALLEN, TEXAS, ON THE 5th DAY OF April , 1984.
APPROVED:
A112
M. B. Pierson; Mayor
ATTEST:
Marty Hendrix, Coty Secretary
APPROVED AS TO FORM:
A. wder, y Attorney
Ordinance No. 504-4-84 - Page 3
II
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS I
COUNTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared X gl@� yX R t X Z5rXXX , who having been
by me duly sworn, on oath deposes and says: 1.
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
VJ11111IRWE M___
and which was issued on March 19 , 19 8 4by City of Allen '
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 4th day of April , A.D. 19 84
r
Notary Public in and for Collin County, Texas
Publisher's Fee $ Dianne Kerr
Commission Expires 10/14/87
�ITY OF', ALLEN
Al'NOTICE OF
�` PUBLIC -HEARING
Notice is hereby given
that the Allen City Coun;
cil,at their redulai
meeting on April 5, 1984,
,at 7:30 p.m., in the City
Council Chambers, of
the Allen Municipal An-
nex,` One Butler .Circle,
Allen, Texas,, will con-
duct a Public Hearing to
consider- a request by
Folsom Investment5-
Corporation , to rezone
40t acres of land from
AO (Agricultural -Open
Space) to. PD (Planned
Development), including
single-family and com-
mercial district uses.
This 40t acres, out of
the James L. Reed
SuNey, Abstract'No. 758,
is located bn -the nor-
theast corner,, of Ex-
change and U.S. 75.
Anyone wishing to
speak � eithen FOR or
AGAINST this request is'
invited `to attent 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
(Meirb) land refer• to Zon. ,
ing Case No. Z2-15-84-7.
Marty Hendrix
City Secretary
(Published In the Allen
American on ° Monday,
March 19, 1984.)
Folsom Planned
Development Standards
Adopted April 5, 1984
FOLSOM INVESTMENTS INC.
J.TDUNKIN & ASSOCIATES INC.
zr
73.2 Ac: (18) i �k } ` \�
30.5 Ac.( 19)
43.7 Ac.
(17
coa-
WL
Tract 19 - Commercial
1. Purpose - This district provides for medium -intensity concen-
trations of shopping and commercial activities along major
thoroughfares and is a transition from lighter businesses to
industrial and manufacturing uses.
2. Use Regulations - A building or premise shall be used for the
following purposes:
a. Boat sales or repairs.
b. New automobile sales and repairs.
C. Office -show room building.
d. Business, school or commercial trade school.
e. Auto laundry (car wash).
f. Service stations.
g. Wholesale establishments.
h. Bakeries (wholesale).
i. Accessory buildings and uses incident to any of the above
uses.
J. Uses as may be set forth and permitted under the Specific
Use Section of the Zoning Ordinance for the light indus-
trial district.
3. Height Regulations - No building shall exceed forty-five (45)
feet in height except that no tuilding shall exceed thirty
(30) feet when located within three hundred (300) feet of a
residential district.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a
minimum depth of twenty-five (25) feet.
(2) Side Yards - A side yard of not less than fifteen
(15) feet in width shall be provided on the side of
a lot adjoining a side street, alley or residential
district.
(3) Rear Yard - No rear yard is required except that a
rear yard of not less than twenty-five (25) feet in
depth shall be provided on that portion of the lot
1
abutting or across a rear street or alley from a
residential district.
b. Lot Coverage - No requirement except that required by
establishment of yards or landscaping requirements.
C. Floor Area Ratio - The ratio of total floor area of all
buildings to total land area shall be a maximum of 2:1.
5. Building Regulations:
a. Type of Materials - All main building exteriors shall be
constructed of stone, brick, tiles, cement, concrete, or
similar materials.
Tract 20 - Single Family
1. General: This Tract shall be developed for single-family
dwellings, or single family detached, together with the
allowed incidental and accessory uses. The maximum number of
dwellings shall not exceed twenty-eight (28) units in this
Tract.
2. Use Regulations: A building or premise shall be used only for
the following purposes:
a. Single family detached unit and accessory uses customarily
incidental to this use.
b. Churches and church related uses as permitted by Specific
Use Permit.
3. Height Regulation: No building shall exceed thirty (30) feet
or two and one-half (2 1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a
depth of not less than twenty (20) feet.
(2) Side Yard - A "zero" side yard shall be permitted
for one side yard area of each lot. The other side
yard of the lot shall provide space whereby a
separation of ten (10) feet is always maintained
between main structures.
(3) Rear Yard - There shall be a rear yard having a
depth of not less than fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any
lot of less than five thousand (5,000) square feet.
(2) Lot Width - The width of the lot shall not be less
than forty-five (45) feet at the frontbuilding
line.
(3) Lot Depth - The depth of the lot shall not be less
than ninety (90) feet.
C. Minimum Dwelling Size - The floor area of any Fdwelling
unit shall not be less than 1800 square feet, exclusive
of garages, breezeways and porches.
d. 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.
5. Building Regulations:
a. Type of Materials - All main buildings shall have exteri-
or construction of a minimum of 75% brick, tiles, cement,
concrete, stone, or similar materials.
GENERAL STANDARDS FOR DEVELOPMENT
1. General: It is recognized other zoning standards are applica-
ble to the development of this planned development district,
and that such standards are set -forth in Zoning Ordinance
366-10-81. Therefore, for the purpose of these standards the,
the following sections of Ordinance 366-10-81 are hereby
incorporated into this ordinance.
a. Section 2.03 Creation of Building Site
b. Section 2.06 Specific Use Permits
C. Section 2.07 Temporary Uses
d. Section 2.08 New and Unlisted Uses --••_____ ._.__,_._..
e. Section 2.09 Site Plan Approval
f. Section 2.10 Definitions
g. Section 3.02 Height and Area Exceptions
h. Section 3.03 Vehicle Parking
i. Section 3.04 Off -Street Loading
J. Section 3.05 Landscaping
3
k. Section 3.06 Fences and Walls
1. Section 3.07 Court Standards
M. Section 3.08 Accessory Buildings.
SPECIAL DEFINITIONS
1. When reference is made herein to "The Zoning Ordinance", it is
to the City of Allen Zoning Ordinance 366-10-81.
4
N
CITY OF ALLEN
ORDINANCES & RESOLUTIONS
YEAR
ORDINANCE/RESOLUTION
DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A
(numbe )
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.
t�, m
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DESCRIPTION OF PROPERTY SURVEYED
Of Le K, B ing two tracts of land located at Allen,, Texas,, beJng parts of the H,
0 p�egues_Surveyj, Abstract 702.� Collin Countyv Texas.9 being the property described in deed
the Deed Records of
tb Grady Jordan & Co., Trustee, recorded in Volume 836p Page 334 o.
to William C pbell., Jr., - Allen
Collin Countysbeingthe same property conveyed arr.
Limited Partnership by deed recorded in Volume 891, Par_e 42 of said Deed Records,
follows-
-andbeing described z*ra particular3,y as D TR A -R e ginnIng at a pipe set in the. center line of .,a 'P�ic�_ Road m I cl"�Zinaf ter called Pegues -Road, at its intersection with the e�s rd
Xtens.i.on. of tho rennants of the -old fence al on o- the south line' of the 551, Page part of the Mrs,,311lih' S�hults tract described in Volume
s t
W-,4.10,0 of said Deed Records; act described
lhe-rice N 000 17 W, along the west line of the 31.07 acre tr 'n o ume ge
n deed from E. E. Shults to B. Thomas McElroy, recorde
of Pegues Road, a distance
539 of said Deed Records along the center line f 2058,.6 feet to a steel rod f ound an inside corner of the 217,837 acre act conve-v-ed to Charles B. Key by deed recorded in vol,xne 744,, Page -598
f said Deed Records- Ej along -",a--south line of said Key tract, a distanc of n c e N 8 6 O' 3 3 -et to a steel rod folmd on the northwesterly line of U. S. Hwy-, 1 9 f e
-on a 000 30' curve; 160.0, feet northwesterly from its center 1-ine
being
southwesterly, along the northvesterly line of said Highway,
line Lillian Shults orthwesterly _s of the 16.878 acres conveyed by Mrs.
ne 1509 Page 250 of said --,-,.--the State of Texas by deed necorded in Volitz e e d Records, a�s follows; 290161 W, 249.6 feet to a pipe, being 1 60.0 feet noru
from said center line;
S 280 021 W, 251,07 feet to a pipe, being 160.0 feet nortwesterly from said center line -nail in wood Right of Way Marker,, being S 210 321 W, 101.84 feet to a 150,*O feet N 630 05' W from said center line at the sdutherly ep L,) G end of said curvei at h-wy. D t. Cha-ning "tation 512 + 10:,2; S 260 c�51 W Id
and 150.0 'Peet northwesterly from and paralle.1 with s a center line, a distance of 1792.8 feet to a pipe f or co,rner on
said Shults south line;
-10.6 feet to the place
ThenRe N 890 25' W. along.said line, a distAnce of I
of be'& nT-iino- - -ontaining 31.112 acres, includin-9 1.182 acres in the east 25.0-f-oet,of Pegues Road, and 2.860 acres in the Texas Power & Li-gght (�'o. Easement, _6 as it of Pegues_.Rad, described'in Vol, 662,_ Page 102, 70 wide,, and 0.224 acres in the State of Texas Easemtenf*, described in V le 509, Page 214, Tract 1 or 26.846 acres net. -2 as t Tract; at its inning at -a pipe on the southeasterly line of U. S. Highway 7 7�, "----'M7--ntersection with the south line. of the Lillian Shults tract described An
olume 551, Dage 10 _,o-" the Deed Re-ords of Collin Counity, being 2.0 feet 't the west end of the remnants of the old fence st of the steel post a 7-�� n said south line; ence N 260 551 Eq along the southeasterly lines of said Highway,, being :,,..Z-,_,,,routheaster1y lines of the 16.878 acres conveyed by Mirs. Lillian Shults IT ol=e 5013,, 250 'of said exas by de—l! -er-o-ded4n V �!to the State of T
__.'14eed Records, as follads; 260 551 Ell and 15a*O fee_t_sc�itheasterly from and parallel with the
the center line C�L said- - Highway , a distance of 1644-3 feet to a e ing feet S' 630 05 E from the beginning of a 000 a0V pipeg b�' 'd center line at Hwy. Dept. Chaining Station '12 + 10.2; curve on sal. N 320 57' Z7 99.16 feet to a pipe, being 160.0 feet southeasterly from said center line- '57 y N 280 18t 30ft El 3510 eet to a pipe, being 160.0 fe,-:,t southeasterl �77�, fr�om said center line; N 300 05'. Eq 347.1 feet to a pipe, being 160.0 feet southeasterly from
said center line, and at J -he south-iArest cornar of the 0.174 acre tract. conveyed to Charles B. Kay by deed recorded in Volume 744, Page 598 o -L. said Deed Records; ence NT 860 3:3 t E,, alona, the sout line of said Key tract,, a d1stance f 128.5 feet to a pipe for corner on.the old filled in center of Cott�onwood &-reek being westerly ribed ih __Teander lines of the 89.1 acre tract desc 320-- T>Aae 82 of--Sa�id -D.'-d Re.-_.ords- to Doyl- �s _<,Ihence down said old center line of %Cottonwood 'r -eek,,. along said Stacy 1if
- - - --------------------- S 390 �41 E%.185-0 feet,,. and- 0 t E11 25,1 feet S 2 33 -ine of the 2.67 acre tract conveyed o a point f or corner on the westerly _L 54, exas lec ric ailway oe to sal acy y ee recor e Y
age120 of said Deed Records; 0 LOW W
nee S 11 along the westerly line of said 2.67 ac,:�e tr-act, be,ing rallel with the 5 0 , 0 f e e t perpendicularly distant westerly from -and pa
iWesterly line of the Soui+ther fic Railway Right oil Way, formerly Hous;to,n H n Paci-L
Texas Central Railroad, a distance of 137,0 fee -t to the sout-hurest corner the 4.75 a e tract f said 2,67 acre tract and the nor+.hwest corner of'- -Ionveyed by said Texas -Electric Railway Co. to Mrs. Lillian Shults by. dee�d r e a o d e d in Volume'4059 Page 332 of said Deed Records, a steel rod found
h -40 tE, along the dividlin between s aid 2 XT ence S 890 g line .67 acre od.. .7r acre tracts, a distance of 153.0 feet to a steel rod. f oimd on the -:,Westerly line of"said Southern Pacific Railway Right of Waiy-, ence S 110 40t -w.., along s a:id---- Southern Dacific liney_,being 50.0 f eeT rom-.,and parallel wth the center,line 'f' the track ther,'eon,, asterlY-1:Lne,of s atid 4,75'.-4cre tract,, distant wes tejrly. &erpendicularly
-and d -to a stee-l.tocd,.fouild, the- istance o' 182.5.0 feet northeas-t... corner -o_'u --Abst. 758, corrveyead t& Don G. Jon s-- tract in the James L. Read Survey e
lume 811+:,, Pa -pe 597 of sai-d Deed eedrds;,, 7�by_ deed recorded in Vo, of -the south-- ,tahece N 890'251 W, along said remnants of fence cin. ine �n,3aid Shults tract and the north Iine� of said.Jones tract, also'known as., 11ing Hl Us Estates Addition to the Cit of, Allent'- north 1'ne of Ro I y IT .0 feet to the placie- f beginning - e x as, a distance of 1-1-93 Sava., and Except the followiAg described tract, called Tj�act- X: -ih.. s-ai_a, . . . . . . located entirely within 'the above described, Jordan deed beina --tract and being, that portion of said. 890'41 acre- Doyle K. Stacy tract which lies west of' said 4-75 'acre and being described more
particularly as follows; o6d,,:Cre_ek, -th orr Beg_i=ing at e. ntersection of the Centex line of Cott w S- 10,.-4 re �racitj, 227.6 feet --I- 0 �5 irArith. the west line of said .44,75 -40 from the. north�;est corner of sala 4*75- acres' and the southwest corner t
0 f said 2.67 acres; 110 W -the west' line f said 4 Thence S 40 along .75 -acre tr.ac t,, being- 150* -O fee"t pevoend-icularly distant-nor-thwesterly. from and arallell P Ugh- With the -westerly line of the Soitithern Pacif ic. Railway I t 0-P tance o dis f 482. 15 feet to 7�fts most �sc>utherl�r intersection w 1 th--' '-elk Cottonwood Crin Thence up the cent. e r of Cottonwood Creiek,, as follows- N 360 481 W? 37,0 f-eetj N 140 1+81 W-177,.5 feet 139.0 feet,, d N 13 0 .4 an -
ii -91 e N 430 34 8 f eet to the plac, of beginning- Contain*ng 0.769 acre of land-;, ontaining 1+0 .301. acresi(Not inc-ludinjz-` said 0.769 acr----) I -it of TeXa to including 0.044 acre *n Sta a s Easement, described in Volume -509, Pa' Tract 2,
9 and,! -10.061 acr-ejn,8tat6,'of _561 a s Easeme-hitl des-c�ribed in Volume- a' let
IMTIFICATION r*/1 Cs I Arl VA V Z- P C
TO THE LIENI-iiOLDERS ANZ/OR TITEE UAMERS OF THE F-FLEM1,51ES SURVEYED AND TO
PLANOTITLE C
The undersigned does hereby certify that a survey was thiz day made on the ground
on the prouerty leally described here -on in field notes prepared by the undersigned
and is Correct; that there are. no visible discrepancies, Conflicts, shortages in
area., boundary line conflicts, enCrva&hments,, overlapping of improvements, easements
or rights-of-way, excet as shawn on the lat hereon; that said property as access
to and from a public roadway; and that,the plat ereon is a true,,, correct and accurate
represe ation of theproperty describedhereinabove. the undersigned hereby
certifies'that he has calculated the quantity of land or acreage containad within
the tract shown on this plat of survey and described hareon,, and certifies that the
quantity of land shown hereon is correct. A .T Imp 'I 1981Sept.282 1983 ................ Registered Public Surveyor No.. 113 U_ ......... ....... Exhibit "A" 3,21 1 Ranki n Avenue Dallas, Texas Attachment to ordinance # 5014-4-8�4 Ad n� d: An-ri I c; 1 QPAA-CIA)ar-as _n