O-370-10-81ORDINANCE NO. 370-10-81
AN ORDINANCE CREATING A PLANNED DEVELOPMENT FOR THE
PURPOSE OF CONTROLLING THE DEVELOPMENT OF LAND IN AND AROUND
THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A PLANNED
DEVELOPMENT DISTRICT AS DELINEATED BY THE OFFICIAL ZONING MAP
AND IDENTIFIED AS PD -"SC" NO. "5"; PROVIDING FOR USES AS PRESCRIBED IN
THE "SHOPPING CENTER (SC)" DISTRICT OF THE COMPREHENSIVE ZONING
ORDINANCE; PROVIDING REQUIREMENTS FOR SITE PLAN APPROVAL;
PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Allen, Texas, is charged with the
responsibility of providing for the public health, safety, and welfare of the people of the
community; and,
WHEREAS, planned development areas offer a reasonable method for a city to provide
control over traffic, sewage, water and other factors vitally connected to the public health,
safety, and welfare; and,
WHEREAS, the property described has been lawfully incorporated into the City of Allen,
Collin County, Texas; and,
WHEREAS, the legal notices required for zoning have been given in the manner and form
set forth by law and public hearings have been held on the proposed classification;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION ONE: That the property fronting the north side of FM2170 and beginning at
the eastern boundary of the Allen High School ending at the boundary line where Allen Heights
Drive joins FM2170 from the south, and adjoining the southern boundary of Fountain Park Five
and Seven additions to the City of Allen, Collin County, Texas, is hereby placed in a planned
development area.
SECTION TWO: Permitted uses on the herein described property shall be prescribed in
the "Shopping Center (SC)" district of the comprehensive zoning ordinance, and development
Ordinance No.370-10-8-1Page 1
shall be subject to the approval of a site plan by the Planning and Zoning Commission and City
Council, after public hearings, and prior to the issuance of any building permit or Certificate
of Occupancy for any use or structure on the premises. Such site plan shall set forth the areas
designated for building use and those designated for off-street parking, recreation, yards, open
space, and related uses. The site plan shall also indicate all curbs, sidewalks, drainage
facilities, drives, utility easements, and service areas indicated as necessary for the proper use
and function of the development. Provisions shall be made for the dedication of the pro -rata
share of any necessary right of way or paving of city streets to meet the minimum standards
prescribed by the Thoroughfare Plan of the City of Allen to assure that adequate access can be
provided to accommodate the uses intended of the premises.
SECTION THREE: It shall be unlawful for any person, firm, or corporation to make use
of said premises in some manner other than is authorized by this Ordinance, and it shall be
unlawful for any person, firm or corporation to construct on said premises any building that is
not in substantial conformity with the uses set out in the designated zoning district.
SECTION FOUR: Any person, firm or corporation who violates any provision of this
Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor shall be
fined any sum not exceeding $200.00; and each and every day that such violation continues
shall be considered a separate offense;rop vided, however, that such penal provision shall not
preclude a suit to enjoin such violation or any other legal remedy available to the City in
connection with said violation.
SECTION FIVE: The caption of this Ordinance shall be published at least twice in the
official newspaper of the City, stating in summary the purpose of this Ordinance and the
penalty for violation hereof, and shall become effective immediately upon its passage and such
publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on
this 19th day of October , A.D., 1981.
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ATTEST: M. B. Pierson, Mayor
Marty Hendrix, Cit Secretary
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 370-10-6 ]Page 2