O-1600-5-98ORDINANCE NO. 1600-5-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, SO AS TO PLACE PERMANENT ZONING OF
FLOOD PLAIN -PLANNED DEVELOPMENT-CORRHIOR COMMERCIAL NO.
66 (FP -PD -CC NO. 66) ON 31395 ACRES OF LAND OUT OF THE T. G.
KENNEDY SURVEY, ABSTRACT NO. 500, THE MICHAEL SEE SURVEY,
ABSTRACT NO. 543, AND THE RUFUS SEWELL SURVEY, ABSTRACT NO.
875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AS DELINEATED ON
EXHIBIT 'A7 LEGAL DESCRIPTION, PROVIDING FOR EXMBIT'B' TRACT
MAP; PROVIDING FOR EXHIBIT 'C USE AND AREA REGULATIONS;
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 CIAUSE; 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 Comprehensive Zoning Ordinance No. 1425-5-96 should be changed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as
previously amended, be, and the same is hereby, amended by placing permanent zoning of Flood Plain -
Planned Development -Corridor Commercial No. 66 (FP -PD -CC No. 66) on 31.395 acres of land out of
the T. G. Kennedy Survey, Abstract No. 50, the Michael See Survey, Abstract No. 543, and the Rufus
Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas, as delineated on Exhibit "A."
SECTION 2: The Legal Description attached hereto as Exhibit "A" and the Tract Map attached
hereto as Exhibit "B" are made a part hereof for all purposes and shall be adhered to in their entirety.
SECTION 3: The Use and Area Regulations attached hereto as Exhibit "C" are made a part hereof
for all purposes and shall be adhered to in its 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and the same are hereby repealed; provided however, that all other provisions of said ordinances not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.
SECTION 4: 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.
' SECTION 5: 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
iL
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 & 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 COUNCILOF THE CITY OF ALLEN, TEXAS,
ON THE 21sT DAY OF NAY '1998.
Stephen Terrell, MAYOR
ATTEST.
Judy Mon, CM SECRETARY
Ordinance No. 1600-5-92 Page 2
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PROPOSED PERMANENT ZONING FROM
•A-O" AGRICULTURE-OPEN SPACE TO
'RW-PD-CC" PLANNED DEVELOPMENT
CORRIDOR COMMERCIAL (FLOOD PLAIN)
ME A 11250 ACRE TRACT,A 0215 CTS
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g TRACT N A 19 2 ACRE TRACT MT CF
A THE TG KENNEDY 6t1RYEY,ABET.NO 500,
8S O]tlIOdOC¢No. 7600-598 THE MICHAEL SEE 611RrEY,ABfiT.NO.543 AND
-� THE RiU6 SEUELL 4BST.NO.d15,
'�. E%hib0 -B- CITY 6 ALLEN,COLLIN Cd NTT,TEXAS
APRIL I99d
Ordinance No. 1600-5-98
Exhibit "C"
USE AND AREA REGULATIONS
JOHN GREEN TRACT
All use and area regulations are to remain as granted in Ordinance No. 1425-5-96 3.01(1)
"CC" Corridor Commercial District regulations, with the exception of 3.01(P) 4.a. Front
Yard.
The amended area regulations shall read:
4.a(1) There shall be a minimum front yard having a depth of not less than 50 feet
adjacent to U.S. 75, and 155 feet from centerline of Bethany Drive.
4.a(4) No storage or similar uses shall be allowed in the required front yard. Puking
will be allowed in the required front yard.
There shall be a 15 -foot landscape setback easement along U.S. 75 and Bethany Drive
7