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HomeMy WebLinkAboutO-1594-4-98ORDINANCE NO. 1594-4-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 802-8-87 TO INCLUDE THE ATTACHM Nr OF EXHIBIT 'F,' LAND USE PLAN AND LEGAL DESCRIPTION, AND EXHBrr 'G,' AMENDED USE AND AREA REGULATIONS, ON THE FOLLOWING-DESCRBED TRACM OF LAND: .998 ACRES OF LAND LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, AND THE GEORGE FORD SURVEY, ABST'RAC ` NO. 328, AND .94 ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO, 708, CITY OF ALLEN, COILIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the 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, r have concluded that Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be revised. L NOW, THEREFORE, BE IT ORDAINED BY TUE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, and Ordinance No. 802-8-87, be, and the same are hereby, amended to include the attachment of Exhibit "F," land use plan and legal description, and Exhibit "G," amended use and area regulations, on the following -described tracts of land: .998 acres in the William Perrin Survey, Abstract No. 708, and the George Ford Survey, Abstract No. 328, and .94 acres in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas. SECPION 2: The approved Land Use Plan and Legal Description, attached hereto as Exhibit "F," are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The amended use and area regulations, attached hereto as Exhibit "G," are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 4: 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. SECIION 5: 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. 1425-5-96 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. LSECTION & 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 7: 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 CPPV COUNCILOF THE CITY OF ALIEN, TEXAS, ON THE 16TH DAY OF APRIL '1998. APPROVED AS TO FORM: ATTEST: Ordinance No. 1594-4-98 Page 2 I I � \ , . , ! ! � . ! ! 0 � � � | � • � . � !E � .�. # ; : � Ordinance No. 1594 4 98 Exhibit "G' PLANNED DEVELOPMENT NO. 46 AMENDMENTS TO USE AND AREA REGULATIONS The use and area regulations of Ordinance No. 802-8-87 for the portion of Tract 2 referred to in this Ordinance are amended as follows: "MULTI -FAMILY RESIDENTIAL DISTRICT REGULATIONS Purpose - This district provides for multi -family dwellings. The maximum density shall not exceed fifteen (15) units per acre, with a maximum of 109 units." The DEVELOPMENT POLICY of the use and area regulations of Ordinance No. 802-8-87 are amended as follows: By the addition of the following text: "Prior to platting of any property within the PD a facilities agreement shall be executed for the cost of the east -west collector system between S.H. 5 and Jupiter Road based on a pro rata basis on the entire PD." By amending the text regarding the landscape screen to include the following text: "The landscape screen will be installed and in place prior to any development within Tracts 4 or 5 of this planned development."