O-2578-12-06ORDINANCE NO. 2578-12-06
' 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
AMENDING "PD" PLANNED DEVELOPMENT NO. 84, ORDINANCE NO. 1751$99
BY GRANTING A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 84
FOR "ME -18" MULTI -FAMILY RESIDENTL4,L DISTRICT USES TO PLANNED
DEVELOPMENT NO. 84 FOR "GO" GARDEN OFFICE DISTRICT USES FOR
10.949-+ ACRES OUT OF THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491,
BEING FURTHER DESCRIBED IN EXHBIT "A," ATTACHED HERETO;
PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED HERETO
AS EXHIBIT "B"; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABHdTY CLAUSE; PROVIDING FOR 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, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fav 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended, should be further amended as follows:
NOW, THEREFORE, BE TT 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,
Texas, as amended by grunting a change in zoning by amending Planned Development No 84, Ordinance No.
1751-8-99, as heretofore amended, by granting a change in zoning from Planned Development No. 84 for "MF -
18" Multi -Family Residential District uses to Planned Development No. 84 for "GO" Garden Office District uses
for 10.949-+ acres of land out of the MCBain Jamison Survey, Abstract No. 491, City of Allen, Collin County,
Texas, and being further described in Exhibit "A," attached hereto, and being made a part hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the zoning regulations for
Office District Zoning and the Concept Plan attached hereto as Exhibit B," and which is hereby approved
except as otherwise provided below:
Front Yard Setback: 50 feet
2. Maximum Heieht: 45 feet / 3 stories
SECTION 3. The properly shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein.
SECTION 4. 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 5. Planned Development No. 84, Ordinance No. 1751-8-99 shall continue in full force and effect,
' except as amended herein.
SECTION 6. 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.
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SECTION 7. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTIONS. Any person, turn or corporation violating any of the provisions or terns of this Ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code 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) for each offense, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 9. 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, COLLIN
COUNTY, TEXAS, ON THIS THE 12TH DAY OF DECEMBER, 2006.
APPROVED:
Stephen Iremil, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITYATTORNEY She ey B. Geo CITY SEC ARY
Ordinance No. 2578-12-06, Page 2
EXAIBIT "A"
LEGAL DESCRIPTION
1 Being a tract of land containing approximately 10.949 acres of land situated in the MCBain Jamison Survey,
Abstract No. 491, in the City of Allen, Collin County, Texas, and being all of Tract 7, 8, 9 and 16 as
described in deed to Barbara M. Eandel recorded in Clerk's file No. 95-0076914 of the Deed Records of
Collin County, Texas (DRCCT), and being more specifically designated as follows:
TRACT #7:
Being a tract of land consisting of 1.4756 acres, situated in the McBain Jamison Survey, Abstract No. 491, in
the City of Allen, Collin County, Texas, described in deed to Barbara M. Kandel mended in Clerk's file No.
95-0076914 of the Deed Records of Collin County, Texas (DRCCT).
TRACT #8:
Being a tract of land consisting of I Al 77 acres, situated in the McBain Jamison Survey, Abstract No. 491, in
the City of Allen, Collin County, Texas, described in deed to Barbara M. Kandel receded in Clerk's file No.
95-0076914 of the Deed Records of Collin County, Texas (DRCCT).
TRACT #9:
Being a tract of land consisting of 2.9788 acres, situated in the McBain Jamison Survey, Abstract No. 491, in
the City of Allen, Collin County, Texas, described in deed to Barbara M. Kandel receded in Clerk's file No.
95-0076914 of the Deed Records of Collin County, Texas (DRCCT).
TRACT #16:
' Being a tract of land consisting of 5.0621 acres, situated in the MCBain Jamison Survey, Abstract No. 491, in
the City of Allen, Collin County, Texas, described in deed to Barbara M. Kandel mended in Clerk's file No.
95-0076914 of the Deed Records of Collin County, Texas (DRCCT).
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Ordinance No. 2578-12-06, Page 3
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EXHIBIT "B"
CONCEPTPLAN
This exhibit is available for view in the City Secretary's Office.
Ordinance No. 2578-12-06, Page 4