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O-2526-6-061 ORDINANCE NO. 2526-6-06 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 PLANNED DEVELOPMENT 54, TRACT 32E AS HERETOFORE AMENDED, BY AMENDING THE CONCEPT SITE PLAN TO PROVIDE FOR ADDITIONAL BUILDINGS AND LOCATIONS FOR AN OFFICE DEVELOPMENT; TO ALLOW ADDITIONAL MONUMENT SIGNAGE; ONE AT EACH ENTRANCE; AND TO REQUIRE ONE SURFACE HANDICAP PARKING SPACE IN FRONT OF EACH BUILDING AND ONE UNDERGROUND HANDICAP PARKING SPACE FOR THOSE BUILDINGS THAT CONTAIN UNDERGROUND PARKING, BEING 6.04561 ACRES IN THE ALFRED SLACK SURVEY, ABSTRACT NO. 854, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; 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 that the Allen Land Development Codeand 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, Texas, be amended by granting a change in zoning by amending Planned Development No. 54, Ordinance No. 1172-5-93, as heretofore amended, by amending the Land Use Plan, allowing three monument signs, one at each entrance, and to require one surface handicap parking space in front of each building and one underground handicap parking space for those buildings that contain underground parking, consisting of 6.0456± acres in the Alfred Slack Survey, Abstract No. 854, City of Allen, Collin County, and being further described in Exhibit "A" attached bereto and being made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Concept Site Plan attached hereto as Exhibit "B," the building elevations attached as Exhibit "C," and in accordance with the development regulations of Planned Development 54, Ordinance No. 1172-5-93, as heretofore amended, and in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, as heretofore amended, with the following deviations: 1 A. Monument Sims: Monument signs shall be permitted at each of the three entrances as shown on the Concept Site Plan. B. Handicap Parking: One surface handicap parking space in front of each building and one for each building underground C. Exterior Finish: Exterior walls shall be 75% stone and 25% stucco. D. Roof Materials: Roof materials shall be a GAF Slate Blend shown in Exhibit "D." SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, as heretofore amended, and as amended herein. SECTION 4. Planned Development No. 54, Ordinance No. 1172-5-93, as heretofore amended, and as amended herein shall continue in full force and effect, and 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. 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 6. 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. SECTION 7. Any person, fine or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in 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. SECTION 8. 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 13TH DAY OF JUNE, 2006 APPROVED: AQ� z:_v Stephen Terrell, MAY R APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. Georg ITY SECRETARY Ordinance No. 2526-6-06, Page 3 E7[IHBIT "A" LEGAL DESCRIPTION Being a 6.045 acre tract of land situated in the Alfred Slack survey, Abstract No. 854 in the City of Allen, Collin County, Texas and being a portion of that remainder tract of land described in deed to Briar Ridge Investments, hie., recorded in County Clerks file number 92-0047288 of the deed records of Collin County, Teras (D.R.C.C.T.). Said 6.045 acre tract being more particularly described by metes and bounds as follows: Beginning at a 5/8" capped iron rod found in the west line of tract of land described in deed to TCGC (Tuner, L.P., recorded in Count Clerks file no. 2004-0013051 D.R.C.C.T., at a southeast comer of that called 34.605 acre tract of land described in deed to Hillwood RLD, L.P., recorded in County Clerks file no. 200"013887, D.R.C.C.T. Thence, along said west line, being the common east line of said remainder Briar Ridge Investments, Inc. tract, the following courses: S 33039'37" E, a distance of 185.57 feet to a 5/8" iron rod capped "Carter & Burgess" set; S 69054'15" E, a distance of 641.88 feet to a 5/8" iron rod capped "Carter & Burgess" set in the north right-of-way line of F.M. 2170 (McDermott Road); Thence, along said north right-of-way line, being the common south line of said remainder Briar Ridge Investments tract, the following courses: S 87047'13" W, a distance of 732.08 feet to a 5/8" iron rod capped "Carter & Burgess" set; ' S 87018'24" W, a distance of 498.51 feet to a 5/8" iron rod capped "Carter & Burgess" set; N 02046149" W, a distance of 49.99 feet to a 5/8" iron rod capped "Carter & Burgess" set; S 87°16'08" W, a distance of 24.32 feet to a 5/8" capped iron rod found at the most southerly southeast comer of said Hillwood RLD tract; Thence, along the south line of said Hillwood RLD tract, being the common north line of said remainder Briar Ridge Investments tract, the following courses: N 17°15'44" E, a distance of 39.96 feet tot a 5/8" capped iron rod found; N 29043'01" E, a distance of 52.71 feet to a 5/8" capped iron rod found; N 48007'33" E, a distance of 95.78 feet to a 5/8" capped iron rod found; N 51°22'34" E, a distance of 192.97 feet to a 5/8" capped iron rod found; N 64034'43" E, a distance of 167.18 feet to a 5/8" capped iron rod found; N 74049'10" E, a distance of 144.55 feet to the point of beginning, and containing 6.045 acres of land, more or less. Ordinance No. 2526-6-06, Page 4 EXHIBff`B^ CONCEPT SffE PLAN IThis exhibit is available for view in the City Secretary's Office. Ordinance No. 2526-6-06, Page 4 EIGIUBIT "C" ELEVATIONS ' This exhibit is available for view in the City Secretary's Office. Ordinance No. 2526-6-06, Page 5 EX[IIDIT "D" ROOF MATERLA S ' This exhibit is available for view in the City Secretary's Office. 1 Ordinance No. 2526-6-06, Page 6