O-2181-6-03ORDINANCE NO. 2181b03
' 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 FOR TRACT 2 OF PLANNED DEVELOPMENT
NO. 55, ORDINANCE NO. 1226-3-94, AS HERETOFORE AMENDED, TO INCLUDE
DAY CARE CENTER AS A PERMITTED USE FOR 18.6041± ACRES OUT OF THE
MICHAEL SEE SURVEY, ABSTRACT NO. 543 AND BEING FURTHER DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; 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, to
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 Zomng 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, as previously amended, be amended by granting a change an zoning for Tract 2 of Planned Development
No. 55, Ordinance No. 1226-3-94, as heretofore amended, to include day care center as a permitted use for
18.6041± acres of land out of the Michael See Survey, Abstract No. 543, and being further described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
SECTION 2. Planned Development No. 55 as heretofore amended, is hereby amended by amending the use
regulations for Tract 2 to add Day Care Center as permitted use by right.
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 m conflict
herewith shall remain m full force and effect.
SECTION 5. Planned Development No. 55, Ordinance No. 1226-3-94, as amended by Ordinance Nos. 1545-
11-97, 1574-2-98. 1622-8-98, 1646-10-98, 1680-1-99, 1715-0-99, 1794-1-00, and 2064-6-02, 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
sane 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 fidl force and effect.
I
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.
SECTION 8. Any person, firm m 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, 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 TBE 24m DAY OF JUNE, 2003.
APPROVED:
Stephen Tirrell, MAYOR
'
APPROVED AS TO FORM: ATTEST: ']
Peter G. Smith, CITY ATTORNEY Shelley B. George, 0mc, CITY WRETARY
Ordinance No. 2181803 Page 2
EMMIT "A"
LEGAL DESCRIPTION
' LEGAL DESCRIPTION
810,394 SQ. Fr. / 18.6041 ACRES
BEING a 18.6041 acre tract of land situated in the MICHAEL SEE SURVEY, ABSTRACT NO. 543, Collin
County, Texas, and being a portion of a tract of land designated as Tract 5 in a Warranty Deed to Allen
Central, Ltd., filed 1/16/96, under County Clerk's File No. 96-0003739, Land Records of Collin County,
Texas and being more particularly described as follows:
BEGINNING at a 1/2" iron rod set at the intersection of the west right-of-way line of Watters Road (a 125'
R.O.W. at this point ) and the north right-of-way line of Bethany Road ( a 60' R.O.W. ), and being the
southeast comer of said Tract 5;
THENCE N 87 deg. 52 min. 19 sec. W, along the north right-of-way line of said Bethany Road, a distance of
225.00 feet to a I/2" iron rod found for comer;
THENCE N 89 deg. 30 min. 31 sec. W, continuing along the north right-of-way line of said Bethany Road, a
distance of 208.49 feet to a point for comer in the east line of Watters Crossing I, according to the plat thereof
recorded in Cabinet H, Slide 709, D.R.C.C.T.;
THENCE northerly, along the east line of said Watters Crossing I, tract, the following thirty one (3 1)
courses:
(I) N44 deg. 28 min. 00 sec. E, a distance of 95.47 feet to a point for comer;
(2) N 13 deg. 42 min. 00 sec. E, a distance of 58.26 feet to a point for corner;
(3) N 69 deg. 42 min. 00 sec. W, a distance of 100.70 feet to a point for comer;
(4) N 11 deg. 52 min. 00 sec. W, a distance of 150.90 feet to a point for comer;
(5) N 14 deg. 47 nun. 00 sec. E, a distance of 133.10 feet to a point for comer;
(6) N 15 deg. 30 min. 00 sec. W, a distance of 67.30 feet to a point for comer;
(7) N 27 deg. 50 min. 00 sec. W, a distance of 82.10 feet to a point for comer;
(8) N 47 deg. 48 min. 00 sec. W, a distance of 102.26 feet to a point for corner;
(9) N 74 deg. 44 min. 00 sec. W, a distance of 79.50 feet to a point for comer;
(10) N 24 deg. 41 min. 00 sec. W, a distance of 45.36 feet to a point for comer;
(11) N 12 deg. 23 min. 00 sec. E, a distance of 234.90 feet to a point for comer;
(12) N 27 deg. 12 min. 00 sec. E, a distance of 78.00 feet to a point for comer,
' (13) N48 deg. 41 min. 00 sec. E, a distance of 61.10 feet to a point for comer,
(14) N 34 deg. 54 min. 00 sec. E, a distance of 94.46 feet to a point for comer;
(15) N 15 deg. 09 rein. 00 sec. E, a distance of 67.75 feet to a point for comer;
Ordinance No. 2181-603. Page 3
(16) N 34 deg. 04 min. 00 sec. E, a distance of 228.10 feet to a point for comer;
' (17) N29 deg. 26 min. 00 sec. E, a distance of 86.20 feet to a point for comer,
(18) N 19 deg. 04 min. 00 sec. E, a distance of 60.34 feet to a point for comer;
(19) N 08 deg. 47 min. 00 sec. W, a distance of 27.60 feet to a point for comer;
(20) N 46 deg. 02 min. 00 sec. W, a distance of 33.40 feet to a point for comer;
(21) N 67 deg. 55 min. 00 sec. W, a distance of 85.57 feet to a point for comer;
(22) N 20 deg. 46 min, 19 sec. W, a distance of 59.61 feet to a point for comer;
(23) N 67 deg. 16 min. 36 sec. E, a distance of 77.17 feet to a point for comer;
(24) N 51 deg. 29 min. 50 we. E, a distance of 59.21 feet to a point for comer;
(25) N 27 deg. 38 min. 58 we. E, a distance of 68.30 feet to a point for comer;
(26) S 61 deg. 05 min. 55 sec. E, a distance of 26.32 feet to a point for comer;
(27) S 11 deg. 18 min. 44 sec. E, a distance of 84.73 feet to a point for comer;
(28) S 34 deg. 11 min. 08 sec. E, a distance of 51.51 feet to a point for corner;
' (29) S 75 deg. 29 min. 08 sec. E, a distance of 63.30 feet to a point for comer;
(30) S 56 deg. 27 min. 49 sec. E, a distance of 54.08 feet to a point for comer;
(31) N 84 deg. 42 min. 01 sec. E, a distance of 113.91 feet to a 1/2" iron rod set for comer in the
west right-of-way line of said Watters Road;
THENCE southwesterly, along the west right-of-way line of said Watters Road the following three (3) calls;
(1) S 00 deg. 54 min. 32 sec. W, a distance of 1034.73 feet to a 1/2" iron rod found for comer;
(2) S 01 deg. 43 min. 39 sec. W, a distance of 350.04 feet to a 1/2" iron rod set for comer;
(3) S 00 deg. 54 min. 32 sec. W, a distance of 225.00 feet to the POINT OF BEGINNING and containing
810,394 sq. ft. or 18.6041 acres of land.
Ordinance No. 2181(&03. Page 4