O-613-6-85ORDINANCE NO. 613-6-85
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81 AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE
FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO"
(AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO ESTABLISH
PERMANENT ZONING TO -WIT: "FP -PD NO. 32" (FLOOD
PLAIN -PLANNED DEVELOPMENT NO. 32), SAID TRACT OF LAND
BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 133.2 ACRES OF
LAND LYING IN THE J.J. DRIGGERS SURVEY, ABSTRACT NO. 274,
THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 489, AND THE
D.M. TUCKER SURVEY, ABSTRACT NO. 914, COLLIN COUNTY,
TEXAS; PROVIDING FOR LAND USE PLAN; PROVIDING FOR USE
REGULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR
EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
WHEREAS, the City 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, having 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. 366-10-81, as
previously amended, should be amended:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE
CITY OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as previously
amended, be and the same is hereby amended by amending the Zoning Map of the City
of Allen on a 133.2 acre tract of land described in Exhibit "A" attached hereto and
made a part hereof for all purposes by changing the zoning classification from "AO"
(Agricultural -Open Space) to establish permanent zoning to -wit: "FP -PD No. 32"
(Flood Plain -Planned Development No. 32).
Ordinance No. 613-6-85 - Page 1
i
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
"FP -PD No. 32" (Flood Plain -Planned Development No. 32).
SECTION 3. That the Land Use 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 "FP -PD No. 32" (Flood Plain -Planned
Development No. 32).
SECTION 4. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance 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 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 attachments of
Exhibits "B" and ?tCff.
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 One Thousand Dollars
($1,000.00) for each offense.
SECTION 7. That it is hereby 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.
Ordinance No. 613-6-85- page 2
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
ALLEN, TEXAS, ON THE 6th DAY OF June 1985.
APPROVED:
Donald P. •.d -
ATTEST:
Marty Hendrix, C6ty Secretary
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 613 - 6 - 8 5 - Page 3
Attachment to Ordinance No. 613-6-85, adopted 6/6/85
STATE OF TEXAS § "EXHIBIT A"
COUNTY OF COLLIN §
BEING all that tract of land in Collin County, Texas, a part of the J.J. Driggers
Survey, A-274, a part of the Shadrick Jackson Survey, A-489 and being a part of a
called 61.459 acre tract of land conveyed from Charles B. Bush to the Austin
Fairchild Corporation by deed dated the 27th day of April, 1984 and recorded in
Volume 1880, Page 646 of the Deed Records of Collin County, Texas and being a part of
a called 181.094 acre tract of land conveyed from David Whisenant, Trustee and Gvoin
Gregg, III to Austin Fairchild Corporation by deed dated the 27th day of April, 1984
and recorded in Volume 1881, Page 140 of the Deed Records of Collin County, Texas and
being more particularly described as follows:
BEGINNING at the Northeast corner of said 61.459 acre tract of land, said point being
on the South line of State Highway No. 121;
THENCE S 00033100" E, 1573.54 feet to the Northeast corner of said 181.094 acre tract
of land;
THENCE S 00058130" E, 375.00 feet along the East line of said 181.094 acre tract of
land to a point for corner;
THENCE along the centerline of a proposed street (110' R.O.W.) as follows:
S 50°02'55" W, 1276.61 feet to the beginning of a curve to the right that has a
central angle of 40°46105" and a radius of 1000.00 feet;
Southwesterly, 711.54 feet along said curve to the right (chord bears S 70°25'57"
W, 696.62 feet) to the end of said curve;
N 89°11'00" W, 1019.54 feet to a point for corner on the West line of said 181.094
acre tract of land;
THENCE N 00026145" E, 55.00 feet along the West line of said 181.094 acre tract of
land to a point for corner;
THENCE N 00059130" W, 1355.00 feet to the Northwest corner of said 181.094 acre tract
of land;
THENCE N 00001'00" W, 450.46 feet to the Northwest corner of said 61.459 acre tract,
said point being on the South line of State Highway 121;
THENCE along the South line of State Highway 121 as follows:
N 67°00'50" E, 11153 feet to a point for corner;
N 69052'35" E, 100.12 feet to a point for corner;
N 67°00'50" E, 996.39 feet to a point for corner;
N 75°32'41" E, 101.12 feet to a point for corner;
N 67°00'50" E, 500.00 feet to a point for corner;
N 55°42'14" E, 101.98 feet to a point for corner;
N 67000'50" E, 977.30 feet to the POINT OF BEGINNING and containing 133.10
acres of land, more or less
FA401
10/31/85
Attachment to Ordinance No. 613-6-85, adopted 6-6-85
"EXHIBIT B"
AUSTIN FAIRCHILD TRACT, ALLEN, TEXAS
LAND USE REGULATIONS (2nd Revision)
PROPERTY DESCRIPTION:
133.2 ACRE TRACT ON THE SOUTH SIDE OF STATE HIGHWAY 121 EAST OF F.M. 2478, ALLEN,
TEXAS.
REGULATIONS FOR SPECIFIC SITES:
SITES A, Band C - MULTI -STORY OFFICE USE - (+/- 104.3 ACRES)
1. PURPOSE: This district is intended for multi -story office, office showroom and office
warehouse uses not dependent upon retail trade or retail traffic 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 effect upon residential and commercial
areas.
2. USE REGULATIONS:
a. PERMITTED USES:
(1) Office building, office showrooms and office warehouses.
(2) Professional offices where only services are provided and chattels or goods
are not offered for sale on the premises. Permitted uses include but are not
limited to doctors, dentists, attorneys, architects, engineers, insurance or
real estate.
(3) Advertising agencies.
(4) Clinics - medical, dental, chiropratic, optometric, podiatric, etc.
(5) Duplicating centers, mailing services, stenographic offices.
(6) Employment offices.
(7) Health service.
(8) Public or denominational school.
(9) Public park or playground.
(10) Utility business office.
(11) Securities and commodities - brokers, dealers, underwriters and exchange
offices.
(12) Travel agent.
PAGE 1 OF 3
Attachment to Ordinance No. 613-6-85, adopted 6-6-85
"EXHIBIT B"
(13) Banks and financial institutions.
(14) Accessory building or uses customarily incident to any of the above uses,
including parking structures.
(15) aa. The retail sale of food and beverages is permitted to the extent that there
will be no more than three (3) 'free-standing" restaurant sites along
State Highway 121 and no more than six (6) restaurant sites in the
entire Planned Development district. Specifically prohibited are
drive-in and drive-through restaurants.
bb. The incidental retail sale of convenience items or services is permitted to
the occupants of offices as long as these Items are not advertised and
offered for sale to the general public.
(16) Uses similar to the above-mentioned permitted uses, provided activities
conducted observe the requirements of all City ordinances.
(1F7) High-quality light industry.
3. HEIGHT REGULATIONS: The maximum height for the main buildings shall be limited to
thirty-six (36) feet above the highest natural ground elevation of this district or a
maximum of five (5) stories, whichever is least.
4. AREA REGULATIONS:
a. SIZE OF YARDS:
(1) FRONT YARDS:
as. 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.
bb. There shall be a minimum front yard having a depth of not less than
thirty (30) feet adjacent to any street with a right-of-way less than one
hundred (100) feet provided that any building or portion of a building
greater than thirty (30) 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.
cc. Lots having double frontage shall provide the required setback from both
streets.
(2) SIDE YARDS: There shall be a minimum side yard for each side of lot or tract
on which any single building or building complex is constructed of ten (10)
feet provided that any building or portion of any building greater than thirty
(30) 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.
PAGE 2 OF 3
Attachment to Ordinance No. 613-6-85, adopted 6-6-85
"EXHIBIT B"
(3) REAR YARDS: No rear yard is required, 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 from an "R" District.
(4) LOT COVERAGE: In no case shall more than fifty percent (50z) of the total lot
area be covered by the combined area of the main buildings and accessory
building.
(5) FLOOR AREA RATIO: The ratio of total floor areas of all buildings to total land
area shall have a maximum of 1:1.
(6) BUILDING REGULATIONS: Type of Materials - All main building exteriors
shall be constructed of stone, brick, tiles, cement, concrete or similar
materials.
5. PARKING: Parking requirements shall be as per the City of Allen Comprehensive Zoning
Ordinance.
6. TREE PROTECTION: Major wooded areas along existing natural drainage courses shall
remain intact with only minor individual tree removals allowed.
7. RIDGEVIEW DRIVE:
a. The proposed right-of-way dedication for this thoroughfare shall be one hundred ten
(110) feet.
b. At or before the time of the platting of the first tract in the district, a facilities
agreement will be executed to require funds to be escrowed by the developer for
construction of the 6 -lane bridge over Rowlett Creek according to the acreage
platted as a percentage of the total 133.2 acres in percentages up to fifty percent
(509), at which time the City will require the developer to build the bridge and/or
escrow funds for the balance of the fifty percent (50%). The ultimate 6 -lane
bridge will be built in its entirety by the developers without the City of Allen's
participation. This facilities agreement will be filed as a convenant running with
the land.
Jones & Boyd, Inc.
August 28, 1985
Job No. FA401
PAGE 3 OF 3
Attachment to: ordinance No. 613-6-85
I AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN I
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared 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
Public.Notice - Ordinance ;'612-6-85 & 613-6-85
hick the attached is a trde and written copy, and which was published in THE ALLEN AMERICAN on
r -
June 10 & 13 1985
and which was issued on 6/10/85 - , by City of Allen
of Collin County, Texas. A printed copy of said publication is ttach heret
SUBSCRIBED AND SWORN to before me this 9th day of J -U 1 y , A.D. 19 85
Notary Pu in and for Collin County, 'texas
Publisher's Fee s 5 7 -6 0
CITY OF ALLEN
PUBLIC NOTICE
s Notice Is hereby given;
( that the Allen City Coun
cil adopted the following,
,ordinances in the regular
session held on Thurs.I
;.day June 6. 1985 (Tits
ana-Penalty Clauses on
ly), f
Ordinance. No',
612.8.65: Ari Ordinance
of the City 31 Allen, Col•,'
lin County, Texas, An
_nexing the Hereinafter•
Described' - Territory, i0,
the City of Ailed, Texas,•
Approxifnately, 100.171,
Acres, Located in -the,
Frances Dosser Survey';
Absttact No, 280, Collin
County, 'Texps, and - Ex-'
tending the Boundary
Limits of the City so, as
to• Ihclud'e' " Sand
Hbrei after,described
Property Within the City
Llmit6, and Orehfing all,
Inhabitants and Owners'
of Sold Property All of'i
the Rights and Privileges
of',Other; CItIZens and.
Binding All' I habitents
by all ,the Mdinance6,
Act$, ResolUtlons •,and -
Regulations of Said Clty;
f Providing" a Severability
Clause; and Peoviding for
P
the'. Effective Date of
t Said Ordiharice.''
Ordinance # No.
613.6.65: Ari Oeclinance
of the City of Allen; Col-
` Iih County, Texas, Amen -
din Comprehensive
Zoning ' Ordinanr�ce No.
?366-10-8$ as-P1460usiy
> Amended, sb as to,
Change 'the F,ollowing-
F Described Tract of 'Land
r from "AO"
(Agricultural - Open
Space) Classification to
Establish Permanent
,,Zoning To -Wit: "PP -PD
No. 32" (Flood 'Plain ` Planned Development
Development
No. 32), Sold •Traet• of
Land,Beirig Described as
' Follow& Approximately
133.2 Acres of Land Lay -
Ing M the J, J, Driogerd
Survey; Abstract No. 274,
The Shadrick Jackson
Survey, Abstract No. 489,
Rnd the? D. M Tucker
. Survery, ' Abstract , No.
914, Cbllin County,
Texas; Providing -for
Lind Use Plan: Providing
for Usb Regdlatlons; Prb.
viding for a Penalty df
FI a Not to Exceed the
S m of One Thousand
Dollars ($1,000.00) fdr
Eb,t:h Offense; Providing
f6f a Sevbrabillty Clause;,,,
and Providing for the Ef-
fective Date of Said Or-
d1hance; ;
,That any person, firth
br+ corporation viblating
any of this proJfsionsror
term's bf tttls ortiinahce
sliall be'"subJect to: the'
same penalty a§ provld-
ed,for in Comprehensive
Zoning Ordinance No.
366-10-81, as previously
amended, and upon con- i
vidtion shall be punished
by s fine not to exceed '
the sum o1; One Thou,
sand Dollars ($1,000.00)
for each offense.
A copy of .these or,,
dinances rhay be read or-,
purchased in,the Office
of the City Secretary,
Allen Munielpil Annex;
One Butler Circle, Allen,
Texas: : , • . ,
Marty Hendrix,,
City 5ecreatry
(Published •In the Allen
American on'. Monday,
guns 10, 1p65 and_ Thurs•"
day,"JunA13, 1965.) ! i •�
L�jPUBLIC NOTICE
/ t� Notice Is hereby given�
that the Allen City Coun-
cil adoptedthefollowing •�
ordinances In the regular.
session held on Thurs.
day, June 6, •1985 (Title'
and Pendry, Clauses on-
,
' .
Ordinance 'No.
612.6.85: An Ordinance•,
of the Clty;of Allen, Col-
Iln County,. Takes, An -'y
Inexing the Herelnaftera�
;Described ^ Territory to',
the City of "Allen, Texas, � i
Approxlrllateiy. 100.171 '
Acres LOeated") In the�i
Frances-Doseer Survey,
Abstract 'No. 290, Collin .
Countyj',Tfkasr and Ex=,,-
tending
x=,tending the •'Sdundary%
Limits of `the City so as
to' -`- ln•CI'llde Said
Here Inafter•deserlbed
Propertjr,Within the Clty
Limits. afid;,Grantinb ell
Inhabitants $ndzOwners:
of Said'! Ptoperty'All 'of'
the Rlghta and Prl411e96*1
of , Other. 1Cltltena and i
9lnding•'AIf; Inhabltanta
by dlT th60Ordinancee,i
Acts, "¢,Aes�)utlohsf and'j
Clauee. and Providing for'
the
L--Effdbtive •.Date" of
Sald:�rdlltance. ,c ,,,• . , �•
Oidlnarioi "r No.
61341`66:4" 0 Ordlnanco',
of he•Clt&f Allen, Col•'{
Ilnounty,y6xas, Amen-
ding- Comprehensive,
Zoning '•_Ofdinance' No:'
368.10.81 :"'F PrevlOusly ,
Amenddd,",': so ass to I
tChange'. - `'F60OWIh9-,
DesCrlb,�Q�F,L�rndtil
from
;(Agrlolilt�raltOpen
I Space) Classificatlon;.to I
eEstablish�•rPermanent i
Zoning'
To-Wit: "FP -PD
No. 32" (Flood Plain �-,f
Planned, Developments
'No. 32); Said., Tract of.i
Land Being Described as
�, Follows: Approximately
133.2,Acres of Land Lay')
I Ing lwthe J. J. Drlggers
Survey, Abstract No. 274,
The Shadrlck.,Jackson
Survey, Abstract No. 489,•
and the, f D; M. Tucker
Survery; Abstract NO.
i 914. ` C011ln . County,«4
"Texas;•�viding"'fo ;
G
Land Use Plan; Providing
3for Use Regulations; Pro-,
rviding for, Penalty AOf
Fine No't:ithe
.Sum oftOriaETho send
,Dollars k,(51',000.00)for
Each Offsnee;,Providing
for a Sever abiliq Clause;
and PrOvlding.for the Ef•,
fective Date of Said Or-',
dinancd; *'! i; ` r.
~; 'That anyaperson,' firth"
nor corporation vlolatingi
,any of the provisions or
terms of ,this ordinance II
shall be -sab)ect `to the 1
same penalty as provide
ed for Ia'.Comprehensive
Zoning 1; Ordinance , No.
366.10-81"'165 previously
amended, and upon,con•,
viction shad be punished
by a fine not to exceed
the •sum, of One; Thou•
send Dollars ($1.,000.00)
for'eech offehse'x•n''�'I::
1 TA copy µ of, these, or-
-of 'the'
.Allen' 6
•One Bu
, City Secres
(Publlrihad' 1w the -All
,Amerlean �' on'r' Mond
yjuns,10,,1965 and, hr,
d a y,, d u h s, I13; ,19 a 6-V
,m.
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F.
Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personallyappeared pp ,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
Notice of PUblic Hearing - Flood Plain
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
May 20, 1985
and which was issued on 5/20/85 by City of Allen
of Collin County, TexI as. A printed copy of said publication is ttache ere o.
I
, _J�
IY
SUBSCRIBED AND SWORN to before me this 17th day of June , A.D. 19 8 5
Notary Pu 'c in and for Collin County, Texas
Publisher's Fee $ 16.80 '
, NOTICE OF
PUBLIC HEARING
Notice is hereby given
that the Allen City Coun-
cil will conduct a public
meeting to bd' hbld'bn
Thursday. June 6.' 1985;
at 7.30 p m., in the Cbun
cil Chambers of the Allen
Municipal t Annex, I Ohe
Butler Circle, Allen,
Texas, to consider a re-
quest for permanent zon-
ing' of FP -PD- (Flood
Plain - Planned
Development) from the
existi6g zoning of AO
(Agrict)lture- - Open
Space), as reque§ted'b�
Jones & Boyd, Inc .
agent for Austin Fair-
child
The request is to
change the present ibn
ing of AO (Agncultilre C
Open Space) to FP -PD
(Flood Plain - Planned
Development) on :'133 2
acres 6f land out of the J.
J Driggers Survey,
Abstract . No. 274, the
Shadrick Jackson
Survey, Abstract No. 489,
anu the u M I UCker
Survey, Abstract No 914,
Collin Count" Texas,
located on V e% south
side of State jHlghviray
121 and - east• of rF*M,
2478. _a
Anyone wishing to
speak , either_ •FOR or
AGAINST'' this rezdning
request is Invited Ntat-
tend this pdbl c heanng
and voice"theit opinion
If further Information
is needed. calh, the Allen
Municipal 1, Annex,
Department of Com
munity Develppment
727 9171 6r' 424 7918
(metro) ¢ F
IfNa�ty'Hendrix
J "City Secretary
(Published-in%the Allen
Americon,,on, Monday,
&/3-(-c6S .