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O-2575-11-06ORDINANCE NO. 2575-11-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "A -O" AGRICULTURE OPEN SPACE DISTRICT TO PD PLANNED DEVELOPMENT NO. 100 FOR "O" OFFICE DISTRICT, ON 0.900± ACRES IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; AND DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "B", AND A CONCEPT PLAN ATTACHED AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission 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 a 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 thatthe Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Collin County, Texas, be amended by granting a change in zoning from "A -O" Agriculture -Open Space District to PD Planned Development No. 100 for "O" Office District, consisting of 0.900± acres in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2. The above-described property in accordance with the Development Regulations attached hereto as Exhibit "B" and the Concept Plan attached hereto as Exhibit "C" and which are hereby approved, shall be used only in the manner and for the purpose provided for by the Allen Land Development Code Zoning Regulations, as amended and attached herein as Exhibit "B" which are hereby approved and amended. SECTION 3. 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 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terns of this Ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and publication of the caption 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, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF NOVEMBER, 2006 APPROVED AS TO FORM: Peter G. Smith, CITY A ORNEY APPROVED• Stephen Terrell, MAYOR ATTEST: Shelley B. Georg , SECRETMAY Ordinance No. 2575-11-06, Page 2 EXREBIT "A" LEGAL DESCREMON THE PARCEL BEING 0.9000 ACRE TRACT IN CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, CITY OF ALLEN, COLLIN COUNTY, TEXAS. A PORTION OF 1.0 ACRE TRACT OF LAND DESCRIBED BY DEED RECORDED IN VOLUME 742, PAGE 161 OF THE DEED OF RECORDS OF COLLIN COUNTY, TEXAS. Ordinance No. 257511-06, Page 3 EXHIBIT "B" DEVELOPMENT REGULATIONS ' I. Base Zo in Dg istrict: The Base Zoning District Property shall be developed and used only in accordance with the zoning regulations for "O" Office District in the Allen Land Development Code, except as otherwise provided. 2. Permitted Uses: • Office Uses • Banks and financial institutions (without drive-through) • Laboratories: Dental 3. Front Yard Setback: 30 feet 4. Rear Yard Setback: 0 feet 5. Maximum Heieht: 45 feet / 3 stories 6. The required screening wall may not be required depending on the final grading differential with the adjacent development to be determined by the Planning and ' Zoning Commission prior to the approval of the first plat for the Property. 1 Ordinance No. 2575-11-06, Page 4 EXHIBIT "C" CONCEPTPLAN ' This exhibit is available for view in the City Secretary's Office. Ordinance No. 2575-I1-06, Page 5