O-2543-8-06ORDINANCE NO. 25434.06
t 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 NO. 3, ORDINANCE NO. 368-10-81, AS
HERETOFORE AMENDED, BY AMENDING THE SETBACKS FOR TRACT A
FROM 25 FEET TO 10 FEET (SIDE YARD) AND FROM 50 FEET TO 5 FEET (REAR
YARD) FOR 2.1487± ACRES OUT OF THE WILLIAM PERRIN SURVEY,
ABSTRACT NO. 708 AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT
PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY 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 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, the City Council has concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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, is hereby amended by amending Planned Development No. 3, Ordinance No. 368-10-81, as heretofore
amended by amending the setbacks for Tract A from 25 feet to 10 feet (side yard) and from 50 feet to 5 feet (rear
yard) for 2.1487± acres of land out of the William Perrin Survey, Abstract No. 708, and being further described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. Planned Development No. 3, as heretofore amended, is hereby further amended, by amending
Tract A to amend the setbacks from 25 feet to 10 feet (side yard) and from 50 feet to 5 feet (rear yard). The
property shall be developed and used only in accordance with the Concept Plan and Architectural Rendering
attached hereto as Exhibits "B" and "C," respectively, and which is hereby approved.
SECTION 3. The property 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. 3, Ordinance No. 368-10-81, 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.
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, fmn or corporation violating any of the provisions or terms 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 STH DAY OF AUGUST, 2006.
APPROVED:
Stephe MAYO
' APPROVED AS TO FORM: ATTEST:
04" sik -
Peter G. Smith, CIT4 ATTORNEY Shelley B. Geo e, CITY SECRETARY
Ordimmee No. 2543-5-06, Page 2
EXIHBIT "A"
LEGAL DESCRIPTION
tWhereas, Carvey A. and Sandra K. Streeter are the owners of a tract of land situated in the William Perrin Survey,
Abstract No. 708 in the City of Allen, Collin County, Texas, and being all of that tract of land described in Volume
3165, Page 517, of the Deed Records of Collin County, Texas, being all of tract A of the Allen Business Center, an
addition to the City of Allen, Texas as recorded in Volume E, Page 141 of the Plat Records of Collin County, Texas, said
tract being more particularly described as follows:
Beginning at a''/," iron rod found a[ the most southerly comer of said Tract A, being a point in the north right-of-way or
Bethany Road (120' R.O. W.);
Thence North 30" 35' 00" East, for a distance of 19.10 feet to a h" iron rod found and the POINT OF BEGINNING of
Tract A.
Thence North 21* 1 P 00" West, with said north right-of-way for a distance of 23.48' to a %" iron and found at the point
of curvature of a curve to the left having a radius of 602.49 feet, a central angle of
47. 00'00";
Thence continuing with said curve to the left for an are distance of 207.36 feet, to a'h" von rod found at the point of
tangency;
Thence North 30.35'00" East, with the common line between Tract A and Tract Al, for a distance of 402.54 feet, to a
%" von rod found in the most northerly comer of Tract A;
Thence South 59.24'49" East, with the common line between Tract A and Tract C, for a distance of 200.00 feet to a h"
' 'von rod found at the most easterly comer of said Tract A, being the most southerly comer of said Tract C;
Thence South 30.35'00" West, with the southeast line of said Tract A for a distance of 515.11 feet to the POINT OF
BEGINNING and containing 2.1487 acres of land.
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Ordinance No. 254341-06, Page 3
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Ordinance No. 25434-06, Page 4
EXHIBIT "C"
ARCHITECTURAL RENDERING
Ordinance No. 2513-8-06, Page 5