O-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
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Ordinance No. 1299-11-94 1
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\ SITE STATISTICS
�y SITE AREA (ACRES) Is za,ic
Q`_• DENSITY (UNITS/ACRE) IE
DWELLING UNITS =04
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PARKING PROVIDED>9 s
W� bac~tet., ! •. �/� \ \\\ /. �V \ Peciu..4 �-*z� 51�..= �IX'9 Fl-.
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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
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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
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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
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•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
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s9vy Ams of mW Lot A MORINbNa /r4*7r NEW • iof JSP
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COMMAMQ dMeb+ Mea maetee and enoendr 15374 ser r �,7Of omrsae Asst o/ Amt mac
or loss.
Ordinance No. 1299-11-94 1
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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,
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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 —
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