O-2106-10-02ORDINANCE NO. 2106-10-02
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, TO
GRANT A CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT
NO. 61, ORDINANCE NO. 1507-7-97, BY CHANGING THE ZONING FROM
SINGLE-FAMH.Y R-5 TO SHOPPING CENTER ON 3.4007± ACRES OF LAND IN
THE J. J. MILLER SURVEY, ABSTRACT NO. 609, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT
PLAN ATTACHED AS EXHIBIT `B"; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABH.ITY 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 District 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 District Map of the
City of Allen, Collin County, Texas, as amended, be and the same is hereby amended by granting a change in
zoning by amending Planned Development No. 61, Ordinance No. 1507-7-97 as heretofore amended by
changing the caning from Single-family R-5 to Shopping Center on 3.4007± acres of land in the J. J. Miller
Survey, Abstract No. 609, City of Allen, Collin County, Texas and being further described in Exhibit "A"
attached hereto.
SECTION 2. The property shall be developed and used only in accordance with the Concept Plan attached
hereto as Exhibit "B" and which is hereby approved, and as further provided for in the Allen land
Development Code Zoning Regulations, as heretofore amended, and as amended herein.
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, and all other provisions of the ordinances of the City of Allen not in conflict with
the provisions of this ordinance shall remam 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 Zoning Regulations, 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 Zoning Regulations, as amended hereby, which shall retrain 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 conanitted and the former law is continued in effect for this purpose.
SECTION 6. 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 the 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 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 22"o DAY OF OCTOBER, 2002.
APPROVED:
/&
Stepheifterrell, MAYOR
APPROVED AS TO FORM: ATTEST:
' Pe� 6 ATTORNEY Jud o C/MM�C ,LaCTTY SECRETARY
Ordinance No. 2106.10-02. Page 2
EXHIBIT `A"
FIELD NOTES
BEING, a strip of land situated in the U. Miller Survey, Abstract No. 609, City of Allen, Collin
County, Texas, the subject tract being a portion of a tract of land conveyed to Ashton Dallas
Residential, L.L.C., according to the deeds recorded in Volume 4714, Page 1362 and Volume
4714, Page 1358 of the Deed Records of Collin County, Texas (DRCCT)„ the subject tract being
more particularly described as follows;
BEGINNING, at a point on the west line of Goodman Drive (a 50' R.O.W.) said point being
S 000 10' 33' E, a distance of 587.58 feet from the point of intersection of the south line of
Stacy Road (a 120' R.O.W.) and said Goodman Drive west line;
THENCE, along said Goodman Drive west line the following:
S 040 15' 31" E, a distanceof 70.23 feet;
S 000 13'49" E, a distance of 100.01 feet;
' THENCE, N 89° 37'55" W, leaving said Goodman Drive west line a distance of 873.28 feet;
THENCE, N 000 22'05" W, along the east line of Angel Parkway (120' R.O.W.) a distance of
170.00 feet;
THENCE S 890 37'55" E, leaving said east line of Angel Parkway a distance of 866.57 feet to
the PLACE OF BEGINNING subject tract containing 148,134 square feet or 3.4007 acres of
Ind.
Ordinance No. 2106-10-02, Page 3
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EXHIBIT "B"
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Ordinance No. 210610-02, Page 4
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Ordinance No. 210610-02, Page 4