O-2217-9-03ORDINANCE NO. 2217-9-03
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 "CBD" — CENTRAL BUSINESS
DISTRICT — MIXED USE RESIDENTIALIRETAII, DISTRICT TO "CF" —
COMMUNITY FACILITIES DISTRICT FOR 3.935± ACRES IN THE JAMES L.
READ SURVEY, ABSTRACT NO. 755, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen 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 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, as previously amended, be amended by granting a change in zoning from CBD Central
Business District — Mixed Use Residential/Retail District to "CF" - Community Facilities District for 3.935±
acres in the James L. Read Survey, Abstract No. 758, City of Allen, Collin County, Texas, and being more
particularly described in "Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations of the City of Allen, as heretofore 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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, turn or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for to 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, COI Iai
COUNTY, TEXAS, ON THIS THE 9"r DAY OF SEPTEMBER, 2003.
APPROVED:
L
/�7�w
tephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CIT1+rATTORNEY Shelley B. George, C, CITY SECAATARY
Ordinance No. 2217-9-03, Page 2
EXHIBIT "A"
' BEING. o tract of land situated in the James L. Read Survey, Abstract No. 758, in the City of
A//en, Collin County, Texas, being cot/ed all of Lot 4 and port of Lots 5 and 6, of 81ocd C,
Of the Original Donation to the City of Allen, according to the Revised Map thereof recorded
in Volume 6, Page 152 of the Deed Records of Collin County, Texas, and being more particularly
describes as follows:
BEG/NN/NG, at a I " iron rod found at the called southwest corner of Lot 4, Block C, same
being the northwest corner of o 0.90 acre tract, to Randal Dean Boone, as described in
Volume 4843, Page 1760, of said Deed Records, also being in the cost Right of Way line of
the Southern Pacific Rmlroad (250'R.0. W.):
THENCE, North /1°30'00" East, with the west fine of Lot 4, and the east tine of said Railroad,
for a distance of 248.49 feet, to a %" iron rod set, being in the south fine of Allen Station Park
(Not Recorded):
THENCE, North 89'3453" East, with the north ime of Lots 4 and 5, Block C being the south
line of Allen Station Pork, for o distance of 593.28 feet, to o %" iron rod set, in the west line of
Cedar Drive ( 80'R. O. W.)
THENCE, South 11.30'00" West, with said west line, being the east line of Lots 5 and 6, Block C
for a distance of 341.00 feet, to a 1%" iron rod found:
THENCE, North 81.41'12" West, departing said west line, for o distance of 285.87 feet, to 0
%" iron rod set at the base of a Fence Post, being the northeast corner of said Boone tract:
THENCE, North 81.1422"West, with said tract, for o distance of 295.40 feet to the
POINT OF BECINN/NG and containing 17; 426.71 square feet or 3.935 acres of fond
Ordinance No. 2217-9-03, Page 3