O-1817-4-00ORDINANCE NO. 18174A0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, GRANTING A VARIANCE TO THE REQUIRED FRONT
YARD TO ALLOW A SIXTY-FIVE FOOT FRONT BUILDING SETBACK ALONG
U.S. HIGHWAY 75 FOR PROPERTY ZONED CF -COMMUNITY FACILITIES
DISTRICT 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 Planing and Zoning Commission of the City of Allen, Texas and the governing body of the
City of Allen, Texas, in 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, have concluded
that Zoning Ordinance No. 1425-5-96 and Zoning 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:
SECTION 1. That the City of Allen, Texas, granting a variance to the required front yard to allow sixty-
five foot building setback along U.S. Highway 75 for property zoned CF - Community Facilities District and
being further described in Exhibit "A" attached hereto.
SECTION 2. That the City of Allen, Texas, granting a variance to allow for the encroachment of a
permanent awning not greater than forty feet in width to be located no less than thirty-five from the property
line along U.S. Highway 75 as shown in Exhibit "A" attached hereto.
SECTION 3.That the property shall be used only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City of Allen.
SECTION 4. That 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in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 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the
remaining portions of said ordinance which shall remain in full force and effect.
SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Ordinances of the City of Allen, Texas, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 S. That 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 COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 20th DAY OF APRIL, 2000.
APPROVED:
�r—(2411)
Stephen T rre0, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, 49ITY ATTORNEY Ju Morrihn, CMC/AAE, CITY SECRETARY
Ordinance No. 1817-4-00, Page 2
Whereas, Ridgeview Memorial Park, Inc. and Turpentine, Jackson, Morrow, Inc.
are the owners of a certain tract of land situated in the George Phillips Survey,
Abstract No. 701, City of Allen, Collin County, Texas; said tract being comprised
of a Called 61.07 acre tract conveyed to Ridgeview Memorial Park, Inc. from B.
Franklin Houston, at ux in deed dated February 16, 1961 and recorded in Volume
578 Page 260 of the Land Records of Collin County, Texas; and a Called 4.596
acre tract conveyed to Turpentine, Jackson, Morrow, Inc. from C. Audie
Turpentine at al in deed dated January 1, 1975 and recorded in Volume 968
Page 746 of the land Records of Collin County, Texas; said tract being more
particularly described as follows:
COMMENCING at the Southeast corner of said 61.07 acre tract, a''A inch
diameter iron rod with red plastic cap stamped RPLS 4701 and extending
therefrom along the right of way of Central Expressway North a distance of
1554.35 ft to a'F inch iron rod as a POINT OF BEGINNING:
Thence, South 15 deg. 57min. 00 sec. West 560 ft;
Thence, North 73 deg. 40 min. 07 sec. West 245.36 ft;
Thence, North 16 deg. 19 min. 34 sec. East 399.76 ft;
Thence, North 00 deg. 05 min. 11 sec. West 201.68 ft;
Thence, South 67 deg. 19 min. 11 sec. East 300.52 ft to the Point of Beginning
and containing 3.327 acres of land, m ore or less.
EXHIBIT A