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O-771-12-86ORDINANCE NO. 771-12-86 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. 43, ON A TOTAL OF 68.795 ACRES OF LAND, MORE OR LESS, OUT OF THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, COLLIN COUNTY, TEXAS, WHICH IS PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS "AO" AGRICULTURAL OPEN SPACE; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A LAND USE MAP; PROVIDING FOR A DEVELOPMENT CRITERIA; PROVIDING FOR A PENALTY FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commmission 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 i 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 Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a total of 68.795 acres, more or less, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to give said tract of land the following zoning classification, to -wit: That the area be, and the same is hereby, zoned "PD" Planned Development No. 43. SECTION 2. That the Land Use Plan approved and described as Exhibit "B" attached hereto and made a part hereof for all purposes shall be adhered to in its Ordinance No. 771-12-86 - Page 1 entirety for the purposes of development of "PD" Planned Development No. 43. SECTION 3. That the Use Regulations and Development Criteria described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be the governing regulations for "PD" Plannned Development No. 43. 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 ordinance not in conflict herewith shall remain in full force and effect. SECTION S. 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 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 Ordinance No. 771-12-86 - Page 2 ALLEN, TEXAS, ON THE 18th DAY OF December , 1986. APPROVED: WIN I Donald P. Rodenbau-g-h, Mayor ATTEST: Marty Hendrix, CM City Secretary APPROVED AS TO FORM: n ow , i ney Ordinance No. 771-12-86 - Page 3 �` urs•s�a7•s sne•�z•sr� /. .77n1 eb.,o -, zs�" Ya�•�s'i�^t „ '�a'sb lfzi an- i 1•L�• y tiW rrV / +�. ♦..y Mgr .O +.�. �.�r ,23 02' j�� U. - - - ii 90.7 s' ! 1 '� ', i � y P�`���P 0 •r9 a � Tract 1 A Acres 47.253 A c 11 p9.2] N X17 ap Oe .o�p l�9 q / SUE 8us�! Tract 4 Tract 5 2+t 180.170 Acres 160.171 Acres Tract 3A TIZP 31.377 Acres �o 1:1011, r i Tract 2C J I ` 37.418 Acres .II � L ,,,� GrlalL� I•M LT�4C �� S Uf?VEY 37.41 AIRES t • I `jiR Ir16�Ft: LLrx,J -t-R�-r FLAT SCALE 1 204 f /J1 `rvNU nuNb A tract of''lnrid contnininR 37.418 Acres ont of thn Francis Dosser Survey, Abst. No. 280 in -Collin Counts, Texas, being more particularly dencriblad by metes And bounds to -wit. nFf`,1N"r1M!; nt Rn Irnn Pin frnanrl nt. th- ;;n„thwf�st cornar of salol survey. THFNCF North With the centerlinQ of n Gfitutty Road 1180. }I feet to nn Iron Fin. THENCE North 89 deetr. 38_min. 50 sec. East. 1)/'1.9 feet, Lo an Iron Fin. rFlr,m(,E `loath o der,. OH min. o2 sir,. '.;n::* 1189.)3 fret to nn Tron Pirt found ir the centerline of a County Hand. ITIFNCF youth 89 is iv. 38 min. 50 sec. 'dent wit.h said rnnd 1369.12 feet to the place of hppinnlncc, contain.inv, 37.418 Acres. ,e T, A111v M. GA;ir, Re-aistered Pithl in `ourvevor, rio hereby rertify that the flat• shown' herein accurately represents the prnpert.v as determined by -An on the ground survey, made under my direction Ansi supervision, rind that. nil corners are As shown. There are no frncroarhments, conflicts, or protrusinnn. 4. May 23, 1985 GEORGE BUSH PROPERTY ALLEN, TEXAS TRACT 3A 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 1521 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 particularly described in 5 tracts, the subject tract, Tract 3A described as follows: 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 said Dosser Survey: THENCE North, 614.83 feet along the center of said road to a point for corner therein; THENCE N 0015144" E, 383.46 feet along the center of said road to a point for corner therein; THENCE N 89051148" W, 1372.44 feet to a point for corner; THENCE S 0008102" W, 993.12 feet to a point for corner; THENCE S 89038150" W, 1371.90 feet to the place of beginning and containing 31.377 acres of land. PLANNED DEVELOPMENT STANDARDS GEORGE BUSH AND R. D. STRINGFELLOW PROPERTIES ALLEN, TEXAS TRACT 1 "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. 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. 1 (2) Side Yards: (a) There shall be a the lot or tract building complex feet. minimum side yard for each side of on which any single building or is constructed of twenty-five (25) (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 eight (8) 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. TRACT 2 "GO" GARDEN OFFICE DISTRICT REGULATIONS 1. Purpose: This district is intended for low rise office 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. The heights set- back, sign controls, and parking regulations are intended to allow flexibility in design and maintain aesthetics and neighborhood qual- ity. 2. Use Regulations: a. Professional Administrative Offices where services are provid- ed only and no chattels or goods are offered for sale on the premises, including but not limited to doctors, dentists, at- torneys, architects, engineers, insurance, real estate, and similar offices. E C. Office Buildings. d. The incidental retail sale of food, beverages, and other con- venience 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. e. Accessory buildings and uses customarily incidental to any of the above uses. f. Such uses may be permitted under provisions of Section 2.06, Specific Use Permits. 3. Height Regulations: The maximum height for the main building shall be two (2) standard stories, but shall not exceed thirty (30) feet in height. In no event, however, shall any building exceed one (1) standard story when located within one hundred, fifty (150) feet of any property zoned for residential purposes. 4. Area Regulations: a. Size of Yards: (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. (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 building complex is constructed of twenty-five (25) feet. (b) On corner lots the required front yard setback shall be provided on both streets and such required yard may not be used for parking purposes. (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 form an "R" District. (a) 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. 3 (b) Floor Area Ratio: The ratio of total floor area of all buildings to total land area shall be a maximum of .5:1. TRACT 3 MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS 1. Purpose: This district provides for multi -family dwellings. The maximum density shall not exceed eighteen (18) units per acre. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. Multi -family dwellings. b. Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, not involv- ing the conduct of a retail business. C. Such uses as may be permitted under the provision of Section 2.06, Specific Use Permits. 3. Height Regulations: No building shall exceed thirty (30) feet or two and one-half (21) stories in height. 4. Area Regulations: a. Size of Yards: (1) Front Yard: There shall be a front yard having a required depth of not less than twenty (20) feet. (2) Side Yard: There shall be a side yard on each side of the lot having a width of not less than ten (10) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. (3) Rear Yard: There shall be a rear yard having a required depth of not less than twenty (20) feet. b. Size of Lot: (1) Lot Area: No building shall be constructed on any lot of less than twelve thousand (12,000) square feet. Such lot shall have a minimum buildable area of four thousand, eight hundred (4,800) square feet. (2) Lot Width: The width of the lot shall not be less than one hundred (100) feet at the front street building line. (3) Lot Depth: The depth of the lot shall not be less than one hundred (100) feet. C. Minimum Dwelling size: The minimum floor area of any dwell- ing unit shall be eight hundred, fifty (850) square feet, ex- clusive of garages, breezeways, and porches. 4 (2) Lot Width: The width of the lot shall not be less than one hundred (100) feet at the front street building line. (3) Lot Depth: The depth of the lot shall not be less than one hundred (100) feet. C. Minimum Dwelling size: The minimum floor area of any dwell- ing unit shall be eight hundred, fifty (850) square feet, ex- clusive of garages, breezeways, and porches. d. Lot Coverage: In no case shall more than fifty (50) per cent 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 exterior construction of a minimum of 75% brick, tiles, cement, con- crete, stone, or similar materials. DEVELOPMENT POLICY Prior to the development of Tracts 2 and/or 3 of this request, the paving and drainage improvements on Stacy Road shall have been completed along the boundary of either tract. 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, Stacy Road is shifted due to engineering, or other reasons, all zoning districts will shift with the centerline of the thoroughfare. In accordance with recent City Council recommendations, a site plan will be submitted for City approval prior to submission of a preliminary plat for any multi -family, industrial, or office development. Based upon recommendations of the Planning and Zoning Commission, the owners of these tracts have agreed to participate in the cost of: a) the addition of dual left turn lanes and exclusive right turn lanes on the North and South approaches of Stacy Road at Ridgeview Drive; b) the addition of dual left turn lanes and exclusive right turn lanes on the East and West approaches of Stacy Road at Watters Road; c) the additional improvement required of an unnamed collector street which passes, between PD 37 and PD 40 between S.H. 121 and Ridgeview Drive, being upgraded from a 4 -lane undivided to a 4 -lane divided thoroughfare. The owners of this property are only responsible for participation in the additional cost required to improve this thoroughfare to divided status. This participation shall be in pro- portion to the amount of traffic generated by the request in relation to total traffic volume. For intersection improvements, the owners of the property in the re- quest shall be responsible for 8.7% of the cost of the additional im- provements mentioned above at both intersections. For the upgrading of the unnamed collector from 4 lane undivided to 4 -lane divided, the owners of this tract shall be responsible for 5.52% of the additional improvement costs. Of the total cost for these additional improvements 5 required of the applicants of this request, 45.6% will be paid by the owner of Tract 1 and 54.4% shall be paid by the owner of Tracts 2 and 3. J.T. DUNKIN & ASSOCIATES, INC. Urban Planning Landscape Architecture S. H. 121 WILLIAM CAMPBELL GEORGE BUSH DR. STRINGFELLOW MIKE ALLISON, TRUSTEE /\ J.T. DUNKIN 3 ASSOCIATES, INC. URBAN PLANNING LANDSCAPE ARCHITECTURE A m ILLUSTRATION 3 CHARLIE BUSH IT j I TRACT 1 I I T- INDUSTRIAL TECHNOLOGY ! 3.1.4 Ac. Gross', 30.5 Ac. Net TRACT -2 GO ----GARDEN O_ FFICE 26.3 Ac. Gross 24.9 Ac. Net 1 1 i r� TRACT 3 MF MULTI -FAMILY 1 11.1 Ac. Gross 9.5 Ac. Net I I I � ALLEN, TEXAS ZONING REQUEST STACY ROAD MIKE ALLISON TRUSTEE IT OWNERS: GEORGE BUSH (TRACT 1) R.D. STRINGFELLOW (TRACTS 2 end 3) 1%7mmm� .• ..• ,..• .,r ... J.T. DUNKIN & ASSOCIATES, INC! URBAN PLANNING LANDSCAPE ARCHITECTURE AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, JR . BEFORE ME, the undersigned authority, on this day personally appeared ho 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 - Request for Perm.Zoning of Property of Bush and Stringfellow of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 30, 1986 and which was issued on Nov. 30, 1986 by The City of Allen of Collin County, Texas. A printed copy of said publication is ttach ere or I &��!j SUBSCRIBED AND SWORN to before me this 8th day of December , A.D. 198 _ . �_Q, , Notary Pu in and for Collin County, Texas Publisher's Fee $ 16.20 CITY OF ALLEN NOTICE OF PUB c HEAP Notice is hereby giv at the C Council will conduct a public hearing at their regular meeting to be held on Thurs- day, December 18, 1986, at 7:30 p.m., in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas, to consider a request for permanent zoning from Agricultural — Open' Space to Planned Development to include uses of Industrial Technology, Garden Office, and Multi -Family, as requested -by property owners, George Bush and Dr. R.D. Stringfellow. This request for permanent zoning of Planned Development is on 68.795 acres of land out of the Francis Dosser Survey, Abstract No. 280 and the George Phillips Survey, Abstract No. 719, Collin County, Texas, located sb6th of State Highway 121, north of Stacy Road and west of Watters Road. Anyone wishing to speak either FOR or AGAINST this request for permanent zoning is invited to attend this public hear- ing and voice their opiriion. For further information, contact the Department of Community Development, City of Allen, at 727-9171 or 424-7518 (metro). 'Marty Hendrix, CMC, CITY SECRETARY (TO BE PUBLISHED IN THE ALLEN AMERICAN ON SUNDAY, NOVEMBER 30, 1986.)