O-1835-6-00ORDINANCE NO. 1835-6-00
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING
PERMANENT ZONING OF I.R — LOCAL RETAIL ON TRACT 1 INCLUDING
1.5907 ACRES OF LAND DESCRIBED ON EXHIBIT "A-1" ATTACHED HERETO,
LR — LOCAL RETAIL ON TRACT 2 INCLUDING 4.197 ACRES DESCRIBED ON
EXHIBIT "A-2" ATTACHED HERETO AND SC - SHOPPING CENTER ON 14.701
ACRES OF LAND DESCRIBED ON EXHIBIT "A-3" FOR A TOTAL OF 20.4877
ACRES LOCATED IN THE GRIZZELL KENNEDY SURVEY, ABSTRACT NO.
499, COLLIN COUNTY, TEXAS; 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 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, the City Council has 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 Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of
Allen, Texas, as previously amended, be amended by granting permanent zoning of LR — Local Retail on 1.5907
acres of land described in Exhibit "A-1", LR— Local Retail on 4.197 acres of land described in Exhibit "A-2" and
SC — Shopping Center on 14.701 acres of land described in Exhibit "A-3", for a total of 20.4877 acres located in
the Grimell Kennedy Survey, Abstract No. 499, Collin County, Texas, all Exhibits attached hereto and made a
part hereof for all purposes.
SECTION 2. 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, Texas, as heretofore amended, and as amended
herein.
SECTION 3. 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 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, 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
' Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed
' and the former law is continued in effect for this purpose.
SECTION 6. 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-% 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 7. That 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 TLHS THE 1,t DAY OF ,i,mP , 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
' Peter G. Smith, CTIT ATTORNEY Ju)}'f� Mo i n, CMC/AAE, CITY SECRETARY
ORDINANCE NO. 1835 -6 -nn - Page 2
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Exhibit A-1
FIELD NOTES
Exhibit
A-2
LOCAL RETAIL
Page 1 of 2
BEING a tract of land situated in the Grizzle Kennedy Survey, Abstract No. 499, Collin
County, Texas, and being more particularly -described as follows:
COMMENCING at the intersection of the centerline of Old Custer Road (a 90 -foot right-of-
way) and the projected south right-of-way line of Hedgcoxe Road (a 110 -foot right-of-
way);
THENCE- S-88° 57' 14" W, along- the south- right-of-way line of Hedgcoxe Road, a
distance of 358..-99 feet to a point for comer;
THENCE N 00° 22 13" E, along the projected east right-of-way line of New Custer Road
(a variable -width rightof-way), a distance -of 326.19 feet to the beginning of a curve to
the right having a centrat-angle-of 40° 19 56", a- radius of 1090.92 feet, a tangent
distance of 400.65 feet, and a chord bearing and distance of N 20' 32" 11" E, 752.17 feet;
THENCE along said curve to the right and continuing along the east right-of-way line of
New Custer Road, an are distance of 767.93 feet -to the end of said curve;
THENCE N 48° 55' 01" E, continuing along the east right-of-way line of New Custer Road,
a distance of 198.17 feet to a point for comer;
THENCE N 71° 05'55" E, continuing along -the east right-of-way line of New Custer Road,
a distance of 28:08 feet to THE POINT OF BEGINNING;
THENCE N 71'05'55" E, continuing alongthe east right-of-way line of New Custer Road,
a distance of 47.50 feet to an -angle -point;
THENCE N 420 58'05" E, continuing along the east right-of-way line of New Custer Road,
a distance of 87.86 feet to a point for comer;
THENCE N 89° 10' 21" E, leaving the east- fight -of -way line of New Custer Road, a
distance of 347.56 feet to a point for comer; said point also being in the centerline of Old
Custer Road;
THENCE S 00° 33' 59" E, along the centerline of Old Custer Road, a distance of 351.42
feet to the beginning of a curve to the right havinga central angle of 17° 12' 34", a radius
of 955.00 feet, a tangent distance of 144.51 feet, and a chord bearing and distance of
S 08° 02' 18" W, 285.77 feet;
THENCE along said curve to -the -right and continuing along the centerline of Old Custer
Road; an arc distance of 286.84 feet to the end of said curve and a point for comer,
THENCE N 44° 54'05" W, along the approximate centerline of a 15 -foot sanitary sewer
easement, a distance of 385.25 -feet -to an angle point;
I
THENCE N 28° 24' 05" W, continuing along the approximate centerline of said 15 -foot
sanitary sewer easement, a distance of 282.33 feet to an angle point;
THENCE N 08° 54' 05" W, continuing along the approximate centerline of said 15 -foot
sanitary sewer line, a distance of 31.25 feet to the POINT OF BEGINNING and
CONTAINING 4.197 acres of land, more or less.
Exhibit A-2
Page 2of2
H
FIELD NOTES
SHOPPING CENTER
Exhibit A-3
BEING a tract of land situated in the Grizzle Kennedy Survey, Abstract No. 499, Collin
County, Texas, and being more particularly described as follows:
BEGINNING at the intersection of the centerline of Old Custer Road (a 90 -foot right-of-
way) and the projected south right-of-way line of Hedgcoxe Road (a 110 -foot right-of-
way);
THENCE S 88" 57' 14- W, along the south right-of-way line of Hedgcoxe Road, a
distance of 358.99 feet to a point for comer;
THENCE N 00" 22' 13" E, along the projected east right -of --way line of New Custer Road
(a variable -width right-of-way), a distance of 328.19 feet to the beginning of a curve to
the right having a central angle of 400 19' 56", a radius of 1090.92 feet, a tangent
distance of 400.65 feet, and a chord bearingand distance of N 20' 32" 11' E, 752.17 feet;
THENCE along said curve to the right and continuing along the east right-of-way line of
New Custer Road, an arc distance of 767.93 feet to the end of said curve;
THENCE N 48'55'010 E, continuing along the east right-of-way line of New Custer Road,
a distance of 198.17 feet to a point for comer;
THENCE N 71"05' 55" E, continuing along the east right-of-way line of New Custer Road,
a distance of 28.08 feet to apoint-for comer; said point being the intersection of the east
right-of-way line with the centerline of a 15 -foot sanitary sewer easement;
THENCE S 18" 54' 05" E, generally along the centerline of said 15 -foot sanitary sewer
easement, a distance of 31.25 feet to an angle point;
THENCE S 28" 24' 05" E, continuing along the approximate centerline of said 15 -foot
sanitary sewer easement, a distance of 282.33 feet to an angle point;
THENCE S 440 54' 05" E, continuing along the approximate centerline of said 15 -foot
sanitary sewer easement, a distance of 385.25 feet to a point for comer; said point also
being in the centerline of Ohl Custer Road and also being the beginning of a curve to
the right having a central angle of 35' 16'27", a radius of 955.00 feet, a tangent distance
of 303.63 feet, and a chord bearing and distance of S 340 16' 48" W, 578.71 feet;
THENCE along said curve to the -right and continuing along the centerline of Old Custer
Road, art arc distance of 587.95 feet to the end of said curve;
THENCE S 510 55' 01" W, continuing along the centerline of Old Custer Road,a distance
of 219.66 feet to the POINT OF BEGINNING and CONTAINING 14.701 acres of land,
more or less.