O-2064-6-02ORDINANCE NO. 2064-6-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ORDINANCE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY
AMENDED, BY GRANTING A CHANGE IN ZONING FROM PLANNED
DEVELOPMENT NO. 26 TO PLANNED DEVELOPMENT NO. 55 FOR
OFFICE/HIGH DENSITY RESIDENTIAL USES FOR 4.93 ACRES OF TRACT 1-E
OF FP -PD NO. 26 -FLOODPLAIN PLANNED DEVELOPMENT NO. 26, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
FOR A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING
FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABI ITV 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 THE EFFECTIVE DATE OF SAID
ORDINANCE.
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 revised.
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, as previously
amended, be amended by granting a change in zoning from Planned Development No. 26 to Planned
Development No. 55 for Office/High Density Residential Uses for 4.93 acres of Tract 1-E of FP -PD No. 26 -
Floodplain Planned Development No. 26, and being further described in Exhibit "A" and Exhibit 'B"
attached hereto.
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations for Office/High Density Residential Uses for Tract 1 of Planned Development No. 55, and the
Concept Plan attached hereto as Exhibit "B," and which is hereby approved, subject to floodplain regulations
which may allow reconfiguration, but does not permit reclamation within the fully urbanized 100 -year
floodplain.
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, as amended, in effect when the offense was
' committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terns 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.
SECTION 7. This ordinance shall take effect immediately from and atter 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 COUNCH. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25"' DAY OF JUNE, 2002.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
liGi�aO-Y—
Pe r G. Smith, CF17Y ATTORNEY Ju Morr n, CMC/AAE, CITY SECRETARY
Ordinance No. 20646-02, Page 2
EXHIBIT "A"
' LEGAL DESCRIPTION
Metes and Bounds Description
4.948 Acres
Michael See Survey, Abstract No. 543
City of Allen, Collin County, Texas
BEING a tract of land situated in the Michael See Survey, Abstract No. 543, in the City of Allen,
Collin County, Texas, and being all of a called 4.946 -acre tract of land, conveyed to Watters
Creek Limited Partnership, as evidenced in a deed recorded in Volume 4368, Page 1908, Land
Records of Collin County, Texas, and being more particularly described by metes and bounds as
follows (bearings based on the east right of way line of Watters Road as dedicated in the Final
Plat of Allen Central, an Addition to the City of Allen as recorded in Cabinet I at Page 529 of the
Plat Records of Collin County, Texas (PRCCr), said bearing being South 00054'33" West):
BEGINNING at a 5/8 -inch "KHA" capped iron rod set on the south right of way line of
McDermott Drive (a variable width right of way) as dedicated in a deed to the City of Allen
recorded in County Clerk's File Number 97-0040636 LRCCT for the northeast comer of the
Allen Veterinary Centre, an addition to the City of Allen, Texas, according to the plat thereof
recorded in Cabinet K, Page 425 of the Map Records of Collin County, Texas;
THENCE South 89034'22" East, along the south right of way line of said McDermott Drive, a
distance of 224.00 feet to a 5/8 -inch "KHA" capped iron rod set for corner on the east line of said
' 4.946 -acre tract;
THENCE South 00°51'25" West, along the east line of said 4.946 -acre tract, a distance of 737.48
feet to a point for the southeast corner of said 4.946 -acre for a comer;
1
THENCE South 82000'00" West, along the south line of said 4.946 -acre tract, a distance of
349.17 feet to a point fm the southwest comer of said 4.946 -acre tract;
THENCE North 09034'13" East, along the easterly line of said Watters Crossing I and said Allen
Veterinary Centre and the west line of said 4.946 -acre tract, a distance of 798.79 feet to the
POINT OF BEGINNING and containing 4.948 acres of land, more or less.
Ordinance No. 20644-02 Page 3
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