The URL can be used to link to this page

Home My WebLink AboutO-1299-11-94ORDINANCE NO. 1299-11-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE 668-12-85 BY AMENDING THE SITE PLAN IN PLANNED DEVELOPMENT NO. 19 (PD NO. 19) TO BE IN CONFORMANCE WITH MULTIFAMILY -3 (MF -3) AND CHANGING THE ZONING ON 1.6 ACRES FROM SHOPPING CENTER (SC) TO MULTIFAMILY -3 (MF -3) AND PROVIDING FOR VARIANCES TO MULTIFAMILY -3 (MF- 3) REGULATIONS ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 15.374 ACRES OF LAND IN THE DAVID WETZEL SURVEY, ABSTRACT NO. 977, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "E" SITE PLAN; PROVIDING FOR VARIANCES; AND PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVER- ABILITY 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, have concluded that Ordinance No. 668-12-85 and Comprehensive Zoning Ordinance No. 829-11-87, should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Ordinance No. 668-12-85 and Comprehensive Zoning Ordinance No. 829-11- 87 of the City of Allen, Texas, as previously amended, and Ordinance 668-12-85 by amending the site plan in Planned Development No. 19 (PD No. 19) to be in conformance with Multifamily -3 (MF -3) and changing the zoning on 1.6 acres from Shopping Center (SC) to Multifamily -3 (MF -3) and providing for variances to Multifamily -3 (MF- 3) regulations on the following -described tract of land: 15.374 Acres of land in the David Wetzel Survey, Abstract No. 977, City of Allen, Collin County, Texas. SECTION 2. That the property described in Exhibit "E" attached hereto shall be used in the manner and for the purposes provided for as approved herein. SECTION 3. That the amended site plan attached hereto as Exhibit "F" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4. That the following variances to the Multifamily 3 (MF -3) regulations be allowed: 1. A density of 18.64 units or a maximum of 284 units. 2. A height variance of five feet. 3. The parking requirement be 2.25 spaces per unit or a total of 639 spaces. SECTION 5. 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 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. 829-11-87 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. 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 3RD DAY OF NOVEMBER , 1994. �l oe Farmer, MAYOR APPROVED AS TO FORM: ATTEST: A. Don row er, C Y J y Mo on, CMC, CITY SECRETARY Ordinance No. 1299-11-94 page 2 ltuE — .�{AvIJ3 p Tb �E cIM7w2 91ctt. r,rc "ecel6jlct4 INE ENTRY cc ir Lu F— a Ordinance No. 1299-11-94 1 Enhlbit F I POOL O EtoS AUTOMATED GATE c.� b's�-awe_ I ROAMING ROAD DR. i I 2_' FIRELANE - I TMTT—1 nuts 11-2 _ qac xc E� Riy.Fi raw 4 \ SITE STATISTICS �y SITE AREA (ACRES) Is za,ic Q`_• DENSITY (UNITS/ACRE) IE DWELLING UNITS =04 P—." s PARKING PROVIDED>9 s W� bac~tet., ! •. �/� \ \\\ /. �V \ Peciu..4 �-*z� 51�..= �IX'9 Fl-. I �Sb \ % 1 La"� � \\/\ � \ SITE PLAN � �� h�u. :SSS ��< \ 1':60'-0' c Z UNIT MIK: 72 1 Bd 1 Ba 650sf = 46,800sf 72 1 Bd 1 Ba 700sf = 50,400sf • 56 2 Bd 2 Ba 902sf = 30,512sf 68 2 Bd 2 Ba 950sf = 64,600sf 16 3 Bd 2 Ba 1,012sf = 16,192sf "fOTAL 230,904sf I_ _ MAIN S1RC6T (P#._217'0)lei — ' - — — — — 1 I ms Aleut fes` Iftleowavve 40 p II.OS14 Id! O� �f ly 1 +seta i est =ofrr9 Of I � virwrar ' � I r+aaf7 or NQ<t IdIV I. ldd ta' aemomm r ALWF AMM AN r � ms's. ales A►-�'4o'I I. . - - � 772 ed• r � - .. WAIWENS sed �iM r N i o eAm 9A7 SOME. 1, - 1O0' ' 15.374 ACRES ' (..ofa. ,e. FMLMAWMD 8d0'K�= t 141.ad' 9rat s i N i N � I n rI roue 1. wa 1 aar.e�r7.1n ra I I er eJ N ' I of a � a r av/d'oo- 4 f>w F ! Jlr7 td' <L 7417x' Q 79927' s � LR � ldtt*TJ1'7• M a � \ 4V �s LmIL mairnor JEW • 1SJ74 orae bast of bnd oll rbd b M Dw4d Wbisl AbpbvW HNanir 977 • :,=Al- astir Gtvngs ra.u� .rd HNby o9 r w Shorn 1iM. AprYeerb Aeras fy 9bet b Cobieat F, 7LT a w FUt Amor+, •r C augs rouse and .prem .f Lot 2 or w Ewer nw sr/oiy ConAw AddWon w ncindo far pW GLbbNt L4 � 133 (�IEOCr).- end MiM nw� rrtlod�Y IW w IrNmc E M A d M souUmmost maw+ of add tat 2 M M &db ft m 911//1, Oa,*r add coram+ holm/ In •Mruqq.a1 6 *kA eF, mW iN of Aphor AawdM(o 1�b(�ItMye W& rlj� z*f-,m Wk THEMMMOM t MV?* OW go metM I of i i 111 1MWd Wr • pirf M sear+. of ow �M A" AE1i7E /fir* w Amt hN of amid Lot 2 sad M rt/bt- of we of rY i*Ir Amo SDM arb&lo 667 . il.mot of .9211 bt b • pad Per rrwr. TNENCE NOTM OT14'4e EAST m dsbaloo of 117.95 fast to w nabNwt cwnw of sold 9rllbW WNW Awrb"& AM1a4 TIEILt M naMrY iN of am sA~ Wap A1lrbla�I AdAhm 91UM 9r7v'Jer� . trero . r.141.aS bot b w watNtsr oosr of Orr saw lob" MNC£ .fan� w .aabaY ■as oI a•ld STNIIW Yi/o Maw AMlaa 9orrnf WJ5V6 t1ESr • 1reN. r 24757 lsot b M mwMosst ••mr of oom &%mm wp rMabrwiee Alla. MENCE aAay w oourmfy 9.n..f sold 9mffmW lebp Aprbruv o A*Otba M faLnirR SCUTH 4J'Jr1r NOT a ito.c. of 21.90 IVNt b M of • man-, cm curve b mN M Amtnp • nada of 1.094.34 Not o dwd Msbrp of Sm A W4rYs J1• Nt and •chord hspM of 729.27 fast pnC-�q .bq add cave b M t 1N Ae arfb . oMd ample y/s Jm'l~ far .n am irr�M o/ 74S7f7 had b • Poll for asnr. SO M 4701r3l' MESr /. . iaN. of 22Lfog d b • pint for corny. NOf1M ar4r/0• MFS+ • ibaren of 774.9 Art pow • poll far ewer: THRICE MCWM 2423Jr EAST a distance .1 30.02 Art b • pill for corner THENCE SIMM S?4r10' &ST a distance d 42LOS fad b • point for cocornerN TIENLL NOWN drl44? FAS+. itornw of J21.93 fast b M swAho.ot owner of mM Lot DMEwan s9vy Ams of mW Lot A MORINbNa /r4*7r NEW • iof JSP fast b V. ILII OF' SEL'/MMq COMMAMQ dMeb+ Mea maetee and enoendr 15374 ser r �,7Of omrsae Asst o/ Amt mac or loss. Ordinance No. 1299-11-94 1 Enhlbit E 11 O..b : r - 100• cement 4 : Arc - - - - - - - - - DAVIO WEM L SURVEY. ABSTRACT NO. 977 m e AOL1� Kurtz . B E aro : +994 rc : aw taw : 1230pa Coeutral En C.. YOi�OQ T A ally Hbsr11M � Ammoctaateta, 1230 N. Gntral Exp".. f A CTTY OF ALLEN abort r.. 1YabaSsloa : ow 9aO : ■ll"ame.= - - YelGnney. Taro= 75070 C04 I COUNTY, TEXAS 16A74 ACRS 1 yN a.... my: etc ps Ib.: foFam -4" s1. -.-'.'-a >rm'-r•. LARGE BRA IN S FOR THIS ORDINANCE/ RESOLUTION NO* 1299-1 I- 941 CAN BE FOUND ON CITY OF ALLEN 35MM ROLL NUMBERED 5. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Public Hearing --Eagle Plaza of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, October 12, 1994 and which was issued on October 12, 1994 by C i t y o f A 11 e n of COLLIN COUNTY, TEXAS A printed copy of said pu 'cation is attached hereto. SUBSCRIBED AND SWORN to before me this z% � (� A.D./19 r rh;- V. A. TODD *_= MY COMMISSION EXPIRES r December 5,1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 19. 13 CITY OF ALLEN J NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing a their regular meeting to be held on Thurs Iday, November 3, 1994, at 7:30 p.m in th `Council Chambers of the Allen Municip ,Annex, One Butler Circle, Allen, Texas, to consider a request to amend Planned De- velopment Multi -Family No. 19 by amend- ing the site plan, and to rezone a portion of Lot 2 of Eagle Plaza Shopping Center to Planned Development Multi -Family. This request is on property referred to as a tract of land containing 13 593 acres in the David Wetsel Survey, Abstract No. 977, also known as Lot 1, Block 1, of Sheffield Village Apartments, an addition to the City of Allen, Collin County, Texas; and a tract of land containing 1.7388 acres of land in the David Wetsel Survey, Abstract No: 977, being a part of Lot 2 of the Eagle Plaza Shopping Center, an addition to the City of Allen, further described as being located south of Main Street and east of Jupiter Road. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, Texas, or by tele- phoning 727-0120. /s/ Judy Morrison City Secretary AFFIDAVIT AND PROOF OF PUBLICATION - CITY OF ALLEN THE STATE OF TEXAS PUBLIC NOTICE COUNTY OFCOLLIN Notice is hereby given that the Allen City Council adopted the following ordinance at BEFORE ME, the undersigned authority, on this day personally their regular meeting held on Thursday, appeared DEBBIE TACKETT, who having been by me duly sworn, November 3, 1994 (Title and Penalty Clause only): on oath deposes and says: Ordinance No. 1299-1'1-94 An Ordinance That she is the General Manager of THE ALLEN AMERICAN, a of the City of Allen, Collin County, Texas,- Amending exas;Amending Comprehensive Zoning Ordi- newspaper published in COLLIN COUNTY, TEXAS, not less frequently than nance No. 829-11-87, as Previously once a week, having a general circulation in said county, and having been Amended, and Ordinance No 668-12-85 1 by Amending the Site Plan in Planned Re- published regularly and continously for more than twelve (12) months velopment No 19 (PD No. 19(• to be in Conformance with Multi -Family, -3 (MF -3) Prior to publishing and Changing the Zoning on 1 6 Acres from Shopping Center (SC) to Multi - Family -3 (MF -3) and Providing for Var- iances to Multi -Family -3 (MF -3) Regula - of which the attached is a true and written copy, and which was published tions on the Following -Described Tract of Land* 15 374 Acres of Land in the David in THE ALLEN AMERICAN on Wetzel Survey, Abstract No 977, City of Allen, Collin County, Texas; Providing for 1994 & Nov. 12 1994 Exhibit "E" Site Plan; Pfroviding for Var- Nov. . 9 iances; and Providing for a Penalty of Fine and which was issued on not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Pro- viding for a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance That any person, firm or corporation violat- ing any of the provisions or terms of this by Y of COLLIN COUNTY, TEXAS ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the A printed copy of said public 'on is attached hereto. City of Allen, as heretofore 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 f Z CITY OF ALLEN , A copy of this ordinance may be read or PUBLIC NOTICE purchased in the office of the City Secret - SUBSCRIBED ANDS RN to before me -Notice is hereby given that the Allen City 75002 277Allen, One Butler Circle, Texas day , A.D. 1; Council adopted the following ordinance at /s/ Judy Morrison i__.-Clause their regular meeting held on Thursday, City Secretary V. A. TODD `November 3, 1994 (Title and Penalty -- - 'y only). *: *= MY COMMISSION EXPIRES Ordinance No. 1299-11-94: An Ordinance =,;....•F; December 5, 1996 OTARY PUBLIC in and of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Publisher's fee $ 49.50 4 -Amended, and Ordinance No 668-12-85 by Amending the Site Plan in Planned De- 'velopment No. 19 (PD No. 19) to be in t Conformance with Multi -Family -3 (MF -3) -and Changing the Zoning on 1.6 Acres from Shopping Center (SC) to Multi - Family -3 (MF -3) and Providing for Var- iances to Multi -Family -3 (MF -3) Regula- tions on the Following -Described Tract of Regula- -tions 15 374 Acres of Land in the David * Wetzel Survey, Ab§tract No. 977, City of Wlen, Collin County, Texas; Providing for Exhibit "E" Site Plan, Pfrovidmg for Var- iarices, and Providing for a Penalty of Fine -not to Exceed the Sum of Two Thousand lbollars ($2,000.00) for Each Offense; Pro- viding for a Severability Clause; and Pro- viding for the Effective Date of Said Ordinance. 1i`fh6 t any person, firm or corporation violat- _ b any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive - Zoning Ordinance No. 829-11-87 of the ;City of Allen, as heretofore amended, and ,n upon conviction shall be punished by a fine nbt to exceed the sum of Two Thousand ,Dollars ($2,000.00) for each offense. "Afbopy of this ordinance may be read or purchased in the office of the City Secret- .Aary, City of Allen, One Butler Circle, Texas x75002-2773. 5/sbJudy Morrison kCrty Secretary — APO` "J�-. .7 , 7 `7`7 7� 7_ T� x A —MenSWE-45 � 77,�7, owl "Blom P '0L S�q V, 7777 74 A N,,.T 1, ;V, I 7777 "WA W�n "J'! �T -17 4 y Intl! AS W Q zoo U A TQ ell 777 US pill L 5 MV, in Th J M. Av , v I 41;,� "V, A. vi� n0j/ , n ver vppoo�. A _77- 111SIV� 1&.,x 4.4= Y; W a . �.-tj j I, u IAT i T E X� I 4�7 0 PN C . __ , . : ",T 7, 1 7 R, PA R K, I N C'A' I n'. 0 1.118, E_ ordinance No. 1299-11-94 A cis '.1 H It PA R, K i M', E D P R 0 V I L Orr, v -4 IDA NG"' R AJ� 4 .4, """too IV,- ---T- A lse#07 tot "y ;77�: tilts 7 7� 7,77 7 T, 7 i""M A, lip L 7"mw` x " Paw E7 I is X. poll S, % ILI q IC SW j TV; X� 7 % M Q TV 4 It N� 4 Se K U 6 0 72 1 B (A I B 0 400 f (0 7:1 71 Bd- I 1 7 f _,0: v1:D j VATE APP d CAN W 43 6 12, 113 d I'S 02 4 I d 2 H1 S10 2 10121 1 6' 3 B,(.,,l 2 qsf' 6 0, 4 V C "bK S, v -1 S t 2 '3 J` A L, U CIL 411)(11, f r 1 iqI huy. 0 �,4� %Q A 0,1., W tp NAW A— Fly" CIA M A -M100 ;0 1va-A WAS; 04 1 f "A' 1; 0 0 its, J, A j PT, Lin A 'y�ly;� 6 A�' M 10011 , A 4 4 VA W, its ,v 4 _,q on nl"y wow APO to -Yang 4zettaql WX Sh l AN OKA: lot", W" A TOO, Wvl� Mod. A A AS, Tv A WOW= 0400=01'� 10164110 T�,:,It� ."e oil! 10 VOW �'j�. AhjQ140"If A 'M, 11_'11'11'��: �v "42 -2 I I 12 �;, I