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Home My WebLink AboutO-1494-5-97ORDINANCE NO. 1494-5-97 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM AGRICULTURE -OPEN SPACE TO CORRIDOR COMMERCIAL (CC) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 23.315 ACRES OF LAND LOCATED IN THE SHADRICR JACKSON SURVEY, ABSTRACT NO. 489, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PLAN AND EXHH3IT 'B" LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000A0) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governingbody of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, haveven 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 Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be revised; NOW, THEREFORE, BE IT ORDAINED BY THE C1TY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by revising the Zoning Map of the City of Allen from Agricultural -Open Space (A -O) to Corridor Commercial (CC) on the following tract of land, to -wit: a 29.315 acre tract of land located in the Shadrick Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas. SEC EON 2• The approved Land Use plan attached hereto as Exhibit "A" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 3: The property described in Exhibit "B", Legal Description, attached hereto, is located in the Shadrick Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas, and shall be used in the manner and for the purposes provided for as approved herein. SECTION t 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTIONS: 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. 1425-5-96 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 ($2,000.00) for each offense. SECTION Cr It is hereby declared to be the intention of the City Council that the sections, ' paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any I other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECIION 7: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE MY COUNCILOFTHE Cr170FALI.EN, TEXAS, ON THE 1st DAY OF May , 1997. APPROVED, Stephen -1 errell, MAYOR 4JM,"nCCITY SECRE]ARY Ordinance No. 1494-5-97 Page 2 Ordinance No. 1494-5-97 Exhibit Ir 4907099 - P 2 CURVE TA YCv-9 US OELTA TANGENT LENOTN (NOHO BEA$INC MORD LENGTH Or -1 tI� 69].(12'10YSS aP1 71.e3r1 ta5.5€ 1 5 O]'5059 E 1a5,5I Cv— tOq.56 15 1 u1.01 0.9 5 U1055 E CV -3 1]12.02 la. 1' 29.81 5 22'2148 E 29.81 N 21 / a t�� ,NO Imw N22'08'16'E o 21.21' �/ I i N / I 2tnNi0s�+- � � mIU r 23.315 acres �m pcP >oo� CV -3 PROPOSED CORRIDOR COMMERCIAL (CC) I o N ZONING United Commercial dpi Development ZONED A Existing Centerline of County Rood #113 w$116I:5®b11ffim1mffi ". AE Aommm$m4m0. Jlme. awcAmN ox rxc.n.. 9.a.r.an t alo ap-xw ru (nr 1 ao-lou Existing Centerl'vle of County Rood #113 1 Ben S. West Co—Trustee ZONED AO +/-0.93 A POSSIBLE ROW DEDICATION Proposed 90' Right—of—vby Sed.:1" 200' Oa1.:J/26/91 $NAagIGI( JACKSON SVRVEY MST. NO. 489 � ZONING EXHIBIT 9HCET awOFA , Com : L.LL ' A,Kn9rm°' °"',_ 22 ` ]001 Prestos Rood, Saila 220 2 3.315 ACRES or Op- me : 19921EXN.ONG aO119A Tams ]5205 , • • FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF COLLIN BEING a tract of land situated in the SHADRICK JACKSON SURVEY Abstract No. 489, Collin County, Texas and being a portion of a 29.20 acre tract of land described in a deed to W. E. DAVENPORT recorded in Volume 676, Page 99 Deed Records of Colin County, Texas, and being more particularly described as follows: BEGINNING at a point located at the northerly corner of a corner cut-off at the intersection of the southerly right-of-way line of STATE HIGHWAY NO. 121 (120 feet right-of-way) with the easterly right-of-way line of CUSTER ROAD (variable width right-of-way); THENCE along the southerly right-of-way line of said STATE HIGHWAY NO. 121, North 67°08'16" East a distance of 1166.24 feet to a point for corner; THENCE departing the southerly right-of-way line of said STATE HIGHWAY NO. 121 and along the easterly line of said 29.20 acre tract, South 01031'51" East a distance of 1238.97 feet to a point in the centerline of COUNTY ROAD 113; THENCE along the center line of said COUNTY ROAD 113 and the southerly line of said 29.20 acre tract South 89007'05" West a distance of 893.61 feet to a point in the easterly right-of-way line of said CUSTER ROAD, said point being the beginning of a non -tangent curve to the left having a radius of 1692.02 feet, a chord bearing of North 07050'59" West and a chord distance of 145.52 feet; THENCE along the easterly right-of-way line of said CUSTER ROAD as follows Along said curve to the left through a central angle of 04°55'44" for an acre length of 145.56 feet to a point for corner; North 06029'58" West a distance of 63.48 feet to a point for the beginning of a curve to the left having a radius of 1047.56 feet, a chord bearing of North 14°10'55" West and a chord length of 280.08 feet; Along said curve to the left through a central angle of 15021'54" for an arc length of 280.92 feet to a point for the beginning of a curve to the left having a radius of 1712.02 feet a chord bearing of North 22021'48" West and a chord length of 29.81 feet; Along said curve to the left through a central angle of 00059'52" for an arc length of 29.81 feet to a point for corner; North 22051'44" West a distance of 296.49 feet to a point for the southerly corner of said corner cut-off line; Along said corner cut-off line North 22008'16" East a distance of 21.21 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 23.315 acres or 1,015,607 square feet of land more or less. F:11991199212NM. Ordinance No. 1494-5-97 February 12,1997 Eshibii "B"