O-731-9-86ORDINANCE NO. 731-9-86
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 PERMANENT
ZONING OF "PD" (PLANNED DEVELOPMENT) NO. 39, SAID TRACT OF
LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 47.2
ACRES OF LAND LYING IN THE FRANCIS DOSSER SURVEY,
ABSTRACT NO. 280, AND THE GEORGE PHILLIPS SURVEY, ABSTRACT
NO. 719, COLLIN COUNTY, TEXAS; PROVIDING FOR USE
REGULATIONS; PROVIDING FOR A LAND USE PLAN; 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, have 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 47.2 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 permanent zoning of "PD" (Planned Development) No. 39.
SECTION 2. That the Use Regulations described as Exhibit "B" and attached
Ordinance No. 731-9-86 - Page 1
hereto and made a part hereof for all purposes shall be the governing regulations for
"PD" (Planned Development) No. 39.
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 "PD" (Planned Development) No. 39.
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, 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 "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 One Thousand Dollars ($1,000.00) 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 declares 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
ALLEN, TEXAS, ON THE 41-h DAY OF September 1986.
Ordinance No. - 731-9-86 - Page 2
APPROVED:
Donald P. Rodenbaugh, Mayor
ATTEST:
17,4rll f '�\ " -, 41�
Marty Hendrix, CF, City Secretary
APPROVED AS TO FORM:
A. Don Crowder, City
Ordinance No. 711-9-86 - Page 3
fI
Attachment to Ordinance No. 731-9-86, adopted 9/4/86
"EXHIBIT A" - Just FIELD NOTES
Tract No. 1
DATE: September 28, 1982
SITUATED in Collin County, Texas, in the Francis Dosser Survey, Abstract No. 280,
and the George Phillips Survey, Abstract No. 719, and being a resurvey of a called
152 acre tract of land and a called 295 acre tract of land in said Dosser Survey
and a 5 acre tract of land in said Phillips Survey as described in a deed recorded
in Volume 203, Page 31 of the Collin County Deed Records, and being more particu-
larly described in 5 tracts as follows:
TRACT 1A:
BEGINNING at an iron rod found at the northwest corner of said tract in the center
- . of --a rock road; '
THENCE N89051'48"E, 1369.08 feet along an old fence and tree line to a point for
corner therein;
THENCE S0008'02"W, 1501.62 feet to a point for corner;
THENCE S89051'48"W, 1372.44 feet to a point for corner in the center of a rock road;
THENCE N0015'44"E, 1501.64 feet along the center of said road to the place of be-
ginning and containing 47.253 acres of land.
TRACT 2C: -
BEGINNING at the southwest corner of the said Dosser Survey;
THENCE North, 1189.31 feet along the center of a rock road to a point for corner
therein;
THENCE N89038'50"E, 1371.90 feet to a point for corner;
THENCE S0008'02"W, 1189.33 feet to a point for corner in a rock road;
THENCE S89038'50"W, 1369.12 feet along said road to the place of beginning and con-
taining 37.418 acres of land.
TRACT 3A:
BEGINNING at a point for corner in the west line of said tract in the center of
a rock road, said point bears North, 1189.31 feet from the southwest corner
of the said Dosser Survey;
THENCE North, 614.83 feet along the center of said road to a point for corner
therein;
THENCE N0015'44"E, 383.46 feet along the center of said road to a point for corner
therein;
THENCE S8905114811W, 1372.44 feet to a point for corner;
THENCE S0008'02"W, 993.12 feet to a point for corner;
THENCE S89038'50"W, 1371.90 feet to the place of beginning and containing 31.377
acres of land.
TRACT 4:
BEGINNING at a point for corner in the center of a rock road that bears S89Q50'18"W,
1561.53 feet from the southeast corner of the said Dosser Survey;
THENCE S89050'18"W, 1092.96 feet along the center of said road to an iron rod found
therein at a road intersection;
THENCE S89050'26"W, 1111.94 feet and S89°38:50"W, 192.96 feet along the center of
said road to a point for corner therein;
THENCE N0008'02"E, 3684.07 feet to a point for corner in the north line of said
tract;
THENCE N89051'48"E, 1227.02 feet; N89024'27"E, 155.10 feet; S89°12'27"E, 224.30
feet; N86°32'34"E, 73.76 feet and N89°44'38"E, 183.52 feet along an old fence
and tree line to a point for corner therein;
THENCE S8007'22"E, 3720.72 feet to the place of beginning and containing 180.170
acres of land.
TRACT 5:
BEGINNING at an iron rod found in the center of a rock road at the southeast corner
of the said Dosser Survey;
THENCE S89050'18"W, 1561.53 feet along the center of said road to a point for corner
therein;
THENCE N8007'22"W, 3720.72 feet to a point for corner in an old fence and tree lige
on the north line of the said tract;
THENCE N89044'38"E, 2298.78 feet along said old fence and tree line to an iron rod
found at the northeast corner of the said 5 acre tract in the center of a
rock road.
THENCE S0001'11"W, 1040.64 feet along said rock road to a point in the south'_line
of said Phillips Survey;
THENCE N89023'22"W, 187.60 feet along the south line of said survey to the southwest
corner thereof;
THENCE S0030'34"W, 2650.73 feet along the center of rock road and the east line of
said Dosser Survey to the place of beginning and containing 160.171 acres of
land.
(See Original Plat)
Jack W. Room e_, Registered Public Surveyor, No. 295
ORDINANCE 731-9-86
EXHIBIT "B"
7-14-86
PLANNED DEVELOPMENT STANDARDS
CHARLIE BUSH TRACT
ALLEN, TEXAS
TRACT 1
PD -CORRIDOR COMMERCIAL USE
1. Purpose: This District provides for low and high intensity com-
mercial development within the State Highway 121 corridor. An
integrated blend of retail, office and light industrial uses are
accommodated in this classification.
2. Use Regulations
a. Cleaner or Laundry (self service)
b. Hardware Store
C. Barber and Beauty Shops
d. Florist or Garden Shops (no outside storage or sales)
e. Household Appliance Sales
f. Veterinarian (no outside runs)
g. Drug Store or Pharmacy
h. Grocery Store
i. Paint Sales/Wallpaper/Interior Decorating Sales (all inside)
j. Office Supplies
k. Building Materials Sales (inside)
I. Banks and Financial Institutions
M. Commercial Amusement (indoor)
n. Studios, Photo, Music, Art, Health, etc.
o. Furniture Sales
p. Auto Parts Sales (indoor)
q. Department or Discount Stores
r. Antique Shops
S. Indoor Theater
t. Restaurant (no drive-in)
U. Hotel or Motel
V. Restaurant (with drive through window)
W. Professional Administrative Offices where services are provid-
ed including but not limited to doctors, dentists, attorneys,
architects, engineers, insurance, real estate and similar
offices
X. Office Buildings
y. Hospital
Z. Electronics products manufacturer.
aa. Apparel or related manufacturer.
ab. Light fabrication and assembly.
ac. Printing establishments.
ad. Distribution center (no outside storage).
ae. Accessory buildings and uses customarily incidental to any of
the above uses.
af. Uses similar to the above listed uses provided activities con-
ducted observe the requirements of all City Ordinances.
ag. Such uses as may be permitted under the provisions of Sec-
tion 2.06, Specific Use Permit.
3. Height Regulations:
shall be fifteen (15
hundred and eighty
shall any building
within one hundred
residential purposes.
4. Area Regulations:
a. Size of Yards:
The maximum height for the main building
standards stories, but shall not exceed one
(180) feet in height. In no event, however,
exceed one (1) standard story when located
and fifty (150) feet of any property zoned for
(1) Front Yards:
(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 twenty-five (25) feet adjacent to
any street with a right-of-way less than one hun-
dred (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 one hundred (100) feet
regardless of the height of the building.
(c) Lots having double frontage shall provide the
required setback from both streets.
(2) Side and Rear Yards:
(a) There shall be a minimum side and rear yard for
each side of the lot or tract on which any single
building or building complex is constructed of a
minimum of twenty-five (25) feet or a distance equal
to one-half (1) the building height, whichever is
greater.
b. Lot Coverage: In no case shall more than fifty (50) percent
of the total area be covered by the combined area of the main
buildings and accessory buildings.
C. Floor Area Ratio: The ratio of total floor area for uses
defined in 2. above (Use Regulations) occupying either a
building or buildings may have a maximum building area to
total land area not to exceed a ratio of 1:1.
TRACT 2
"IT" INDUSTRIAL TECHNOLOGY DISTRICT REGULATIONS
1. Purpose: This district is characterized by development of indus-
trial parks for the purpose of light distribution, processing, and
manufacturing. The regulations in this district are intended to
provide for a campus type of development for building sites to
accommodate land uses on tracts of two acres or more.
2. Use Regulations:
a. Office buildings.
b. Electronics products manufacturer.
C. Apparel or related manufacturer.
d. Light fabrication and assembly.
e. Printing establishments.
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 Sec-
tion 2.06, Specific Use Permit.
3. Height Regulations:
The maximum height for the
main building
shall
be three (3) standard stories but shall not exceed
forty-five
(45)
feet in height.
In no event shall any building
exceed thirty
(30)
feet in height
when located within two hundred
(200) feet of
any
property zoned
for residential purposes.
a depth
4. Area Regulations:
a. Size of Yards:
(1) 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
with
a right-of-way less than one
hundred
(100)
feet.
(c) Lots having double frontage shall provide the
required setback from both streets.
(2) Side Yards:
(a) There shall be a minimum side yard for each side of
the lot or tract on which any single building or
3
building complex is constructed of twenty-five (25)
feet.
(3) Rear Yards: There shall be a minimum rear yard of
twenty-five (25) 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.
(a) Lot Coverage: No requirement except that required
by establishment of yards or landscaping require-
ments.
(b) Floor Area Ratio: The ratio of total floor area of
all buildings to total land area shall be a maximum
of .5:1.
(4) Lot Area: No lots shall be less than two (2) acres, with
an average tract size of four (4) acres and a maximum of
nine (9) sites.
5. Building Regulations:
a. Type of Materials: All main building exteriors shall be con-
structed of stone, brick, tiles, cement, concrete, or similar
materials.
DEVELOPMENT POLICY
Prior to the development of any parcel or tract of this site, it is
proposed that the owner shall have completed his share of the paving
and drainage improvements on the stretch of Ridgeview Drive running
east and west through this property. Any related major water or sewer
facility to such street improvements are also proposed to be completed
prior to site development.
If in the future, Ridgeview Drive is shifted due to engineering, or
other reasons, all zoning districts will shift with the centerline of the
thoroughfare.
4
CURRENT LAND USE AND
THOROUGHFARE PLAN
CITY OF ALLEN,
CHARLIE
J.T. DUNKIN & ASSOCIATES, INC.
Urban Planning Landscape Architecture
"r.
William S. Campbell 11110
Existing Zoning
cc
Alma 121 Ltd. /
i
TRACT 1
CC
CORRIDOR COMMERCIAL \
` 10.9 Ac. Gross / \
± 8.2 Ac. Net \
i 1
i � I
� 1
i
�p1�1oK 1 ',
1
\
TRACT 2
IT `\ Existing Zoning
INDUSTkIAL TECHNOLOGY ` IT
i 3�.3 Ac. Gross
± 34i3 Ac. Net \
1 \
1 1
1 1 Bryan Bush
1 l
\ 1
` 1
\ I
l 1
I � � I - — — 000•
I
'roo• •• uP �..0' ••
George Bush
CITY OF ALLEN, TEXAS
OWNER:
CHARLIE BUSH ZONING REQUEST
o. nr too' .00'
JULY 11. 1988
J.T. DUNKIN & ASSOCIATES, INC.
URBAN PLANNING LANDSCAPE ARCHITECTURE
iro. io•
TRACT 2
IT `\ Existing Zoning
INDUSTkIAL TECHNOLOGY ` IT
i 3�.3 Ac. Gross
± 34i3 Ac. Net \
1 \
1 1
1 1 Bryan Bush
1 l
\ 1
` 1
\ I
l 1
I � � I - — — 000•
I
'roo• •• uP �..0' ••
George Bush
CITY OF ALLEN, TEXAS
OWNER:
CHARLIE BUSH ZONING REQUEST
o. nr too' .00'
JULY 11. 1988
J.T. DUNKIN & ASSOCIATES, INC.
URBAN PLANNING LANDSCAPE ARCHITECTURE
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OFCOLLIN 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
Notice of Public Hearing - Charlie Bush
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
August 17, 1986
and which was issued on 8-17-86 1 by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
— ::4 . 5
1 4 -
SUBSCRIBED AND SWORN to before me this 11
Publisher's Fee $ 15.60
of
Irl l i Vl- /IL lvI
NOTICE OF PUBLIC
HEAR N<
No ii h e n
That the Allen City Council
Nill conduct a public hear-
ing at their regular Council
Meeting to Ue heWon
Thursday, September 4,
1986, at 7:30 p.m., iri the
Council Chambers of the
Allen Municipal Annex, One
Butler Circle, Allen, Texas,
to consider a request for a
zoning change from Agri-
cultural —• Open Space to
permanent zoning of "PD"
requested by,Charlie Bush.
- This request for perma-
nent zoning is on 47.2 acres
of land out of the Francis
Dosser. Survey, Abstract
No. 280, and the George
Phillips Survey,- Abstract-
No- 719,' located west of-
U.S. 75, north of Stacy
Road, and southeast of
State Highway 121. Thisi,
request. for Planned Deve-
lopment includes districts
designated for commercial;
uses of office, retail, indust-
rial technology and light
industrial.- -
'Anyone wishing to speak
either FOR Or AGAINST
this requbst'for permanent]
zoning is invited to attend,
this public hearing and^
voice their opinion.
.'i Foy further information,
contact the Department of,
Community Development;
City of Allen, at 727-9171 or�
424-7518 (metro).
Marty -Hendrix, CMCJ
City Secretary'
(TO BE PUBLISHED IN
THE ALLEN AMERICAN
ON SUNDAY,.._ UST.
17„1986.)_,_,
day of --'--`"'--- ,A.D.19
Notary Pu c in and for Collin County, Texas