O-2216-9-03ORDINANCE NO. 2216-9-03
' 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 RESIDENTIALIRETAH. DISTRICT TO "CF" —
COMMUNITY FACILITIES DISTRICT FOR 0.924± ACRES IN THE JAMES L.
READ SURVEY, ABSTRACT NO. 758, 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 0.924±
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 incorporated herein 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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,
in of the Allen Land Development Code, as amended hereby, be adjudged" 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, 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 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, COLLIN
COUNTY, TEXAS, ON THIS THE 9"r DAY OF SEPTEMBER, 2003.
APPROVED:
t14Q-f�
Steph n Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
I
Peter G. Smith, C ATTORNEY Shelley B. Georg C, CITY S REL
Ordinance No. 2216-9-03, Page 2
EXHIBIT "A"
BEINC, a tract of land situated in the James L. Read Survey, Abstract No. 758, in the City of
Men, Collin County, Texas, being all of Lot 6, of Block 0, 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
BEGINNING, at o %" iron rod set at the northwest corner of Lot 6, Block O, and the east
line of Cedor Drive 480'R.O.WJ, also being in the south line of Allen Station Park( Not Reco, ded )
THENCE, North 89'34'53" East, with the north line of Lot 6, and the south line of the Allen
Station Park, passing a X" iron rod found at the corner of o fence post, at 356.74; and
continuing for a totaldistance of 381.41 feet, to o g" iron rad found, in the center of a cr eek;
THENCE, Southwesterly, with said line and along the centerline upstream meanders of said cleek
as follows:
South 14.37'00" West, 15.15 feet.
South 46'49'11" West, 13.43 feet;
South 26.4059" East. 10.83 feet;
South J5"IJ'3J" West, 38.96 feet;
South 69'2827" West, 86.20 feet;
South 50°02:33" West. 94.21 feet;
South 44°5022" West. 32.31 feet;
South 86°00'40" West, 16.79 feet;
North 36'38'25" West, passing o 9" iron rod found at the corner of said Park, of 40 'O;
being the northeast corner of o 1.02 acre tract as described in Clerks Fde No. 93-0016 70
of said Deed Records, and continuing for a totoldstance of 64.77 feet;
North 69021'28" West, continuing with the 1.02 acre tract and Lot 6, 25.52 feet;
' North 79'5928" West. 4,.93 feet;
North 57.43'58" West, 21.77 feet;
South 80.1826" West, 4383 feet to a %" iron rod set in the east line of Cedar Drive
THENCE, North 11.30'00" East, with said east tine, for o distance of 92.90 feet to the
POINT OF BECINNING and containing 40,243.45 square feet or 0.924 acres of fond.
Ordinance No. 2216-9-03, Page 3