O-1847-6-00ORDINANCE NO. 1847-6-00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ESTABLISHING A TEMPORARY MORATORIUM ON THE
ACCEPTANCE AND FILING OF APPLICATIONS FOR GENERAL
DEVELOPMENT PLANS, ZONING AMENDMENTS, PLATS, AND THE
ISSUANCE OF BUILDING PERMITS FOR NEW CONSTRUCTION FOR THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND AS
DEPICTED ON THE MAP ATTACHED AS EXHIBIT "A-1" HERETO;
PROVIDING FOR SPECIAL EXCEPTIONS; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, as the City Council of the City of Allen, Texas, is currently conducting public hearings for the
purpose of adopting a comprehensive land development code; and
WHEREAS, during a review of the Comprehensive Master Plan and the Comprehensive Zoning Ordinance,
it has become apparent that the development standards for the central business district area of the City and for
the areas zoned "CBD" Central Business District are inadequate for the current and projected growth of the
City and to ensure quality development and adequate services; and
WHEREAS, it is in the best interest of the health, safety and general welfare of the citizens of the City of
Allen, Texas to establish new development standards and regulations for the central business district area of
the City and for those areas zoned "CBD" Central Business District; and
WHEREAS, the City Council has determined that it is in the best interest of the public to temporarily
suspend the acceptance and filing of general development plans, applications for zoning amendments, plats
and the issuance of building permits for new construction pending the City's review and amendment of the
Comprehensive Master Plan, the Comprehensive Zoning and Subdivision Ordinances for the purpose of
establishing appropriate regulations and standards for the central business district area of the City and for
those areas zoned "CBD" Central Business District; and
WHEREAS, it is an objective of the City Council to (1) achieve the community vision for the central
business district area of the City embodied in the May 2000 preliminary plan; (2) ensure the City's continued
ability to maintain adequate water and waste water service while constructing system improvements to
accommodate both residential and nonresidential growth; (3) prevent increased traffic congestion and further
deterioration of traffic safety and mobility while construction of transportation system improvements to
accommodate both residential and nonresidential growth; (4) preserve and enhance the unique character and
lifestyle that currently exist in the City; and (5) mitigate the ill effects of rapid intense urbanization, such as
overcrowding, overburdened infrastructure and municipal service, traffic congestion, loss of open space, and
environmental degradation within the central business district area; and
WHEREAS, the absence of adequate development standards for the central business development area of the
City will result in increased traffic congestion, reduced safety, burden the existing infrastructure and present
an obstacle to the continued economic development growth of the City; and
WHEREAS, the current provisions of the Comprehensive Zoning Ordinance and Subdivision Ordinances
pertaining to areas zoned "CBD" Central Business District are inadequate to protect the health, safety and
welfare of the citizens; and
WHEREAS, the establishment of appropriate development standards will provide special development
' standards compatible with the unique character of the central business district area of the City and is essential
to preserve the historical and other unique features of the area; and
WHEREAS, the City Council is considering amendments to the Comprehensive Zoning Ordinance, the
Subdivision Ordinance and other regulations redefining and affecting the central business district area of the
City as described in Exhibits "A" and "A -l"; and
WHEREAS, it is the objective of the City Council to ensure the City's continuing ability to maintain the
quality of life in the City through appropriate development standards, encourage economic development,
provide water, wastewater service, control traffic congestion, prevent deterioration of traffic safety and
mobility while constructing transportation improvements to accommodate the central business district area
and mitigate the ill effects of rapid and intense urbanization; and
WHEREAS, the City Council finds that the consideration of applications for general development plans,
zoning amendments, applications for subdivision plat approval and the issuance of building permits for the
property described in Exhibits "A" and "A-1" would be contrary to the public health, safety and general
welfare of the City, would unnecessarily interfere with, complicate and delay the overall consideration of the
establishment of new development standards and zoning regulations for the central business district area of
the City and the areas zoned "CBD" Central Business District without the establishment of a temporary
moratorium;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That the City Council of the City of Allen, Collin County, Texas, hereby finds and
determines that the all the above premises are true and correct, legislative and factual findings, and are hereby
incorporated herein.
SECTION 2. That a moratorium is hereby established for the acceptance and filing of applications for
General Development Plans, applications for zoning amendments, applications for subdivision plat approval,
and the issuance of building permits for new construction.
SECTION 3. That this temporary moratorium shall be effective from and after the effective date of this
Ordinance and continue for a period of six (6) months or until completion of the proceedings by the City
Council for consideration of appropriate amendments to the Comprehensive Master Plan, the Comprehensive
Zoning Ordinance, the Subdivision Regulations and other development Ordinances affecting the central
business district area of the City and the property described in Exhibits "A" and "A-1," whichever occurs
first.
SECTION 4. That any property owner subject to this temporary moratorium may apply to the City Council
for an exception in the event of an extreme hardship results in the application of this temporary moratorium to
the particular property and the City Council is authorized to grant an exception when it fords such extreme
hardship does exist.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
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, which shall remain in full force and effect.
Ordinance No. 1847-6-00 Page 2
SECTION 6. That all ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions
of this ordinance be, and the same are hereby, repealed; provided however that all other provisions of said
' ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 7. This ordinance shall take effect immediately from and atter its passage in accordance with its
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 15m DAY OF JUNE, 2000.
APPROVED:
Stephen Terrell, MAYOR
APPRO'*ED AS TO FORM: ATTEST:
Peter G. Smith, CrPF ATTORNEY Judy MobjIson, CMC/AAE, CITY SECRETARY
(PGS/al 6/14/00) (34309)
Ordinance No. 1 A67-6-00 Page 3
ORDINANCE NO. 1847-6-00
EXHIBIT "A"
LEGAL DESCRIPTION
From a Point of Beginning at the northeast corner of Whisenant Estates No. 5, east to
the centerline of Allen Drive to a point for corner;
THENCE north along the centerline of Allen Drive to the 100 -year floodplain line of
Cottonwood Creek to a point for comer;
THENCE south and east along the 100 -year floodplain line of Cottonwood Creek to its
intersection with the centerline of Cedar Drive to a point for comer;
THENCE south along the centerline of Cedar Drive to the intersection with the centerline
of St. Mary's Drive to a point for comer;
THENCE east along the centerline of St. Mary's Drive to the intersection with the
centerline of Cottonwood Creek for a distance of 1,041.01 feet, more or less to a point
for corner;
THENCE south along the centerline of Cottonwood Creek to the intersection with the
centerline of McDermott Drive to a point for comer;
THENCE west along the centerline of McDermott Drive for a distance of 933.31 feet,
more or less, to the northeast corner of the Young Addition to a point for comer;
THENCE south along the west property line of the Young Addition to the north property
line of the Allenwood Estates Subdivision to a point for corner;
THENCE west along the north property line of the Allenwood Estates Subdivision to the
east right-of-way line of the Union Pacific/Southern Pack (UP/SP) Railroad right-of-way
to a point for corner;
THENCE southwest along the UP/SP Railroad right-of-way line for a distance of
approximately 1,074.66 feet, more or less, to a point for a corner;
THENCE west for a distance of 100.00 feet to the west right-of-way line of the UP/SP
railroad to a point for a comer;
THENCE north to the intersection with Butler Drive;
THENCE north along the centerline of Butler Drive to the intersection with the centerline
of McDermott Drive to a point for corner,
THENCE west along the centerline of McDermott Drive for a distance of 1,327.60 feet to
the intersection with the centerline of Ferris Drive to a point for corner;
THENCE north along the centerline of Ferris Drive to the intersection with the centerline
of Belmont Drive;
THENCE north to a point of intersection with the south property line of Whisenant
Estates No. 3 to a point for comer;
THENCE east along the south property line of Whisenant Estates No. 3 to the centerline
of Anna Drive to a point for comer;
THENCE north and east along the centerline of Anna Drive to its intersection with the
centerline of Coats Drive for a distance of 59.44 feet, more or less to a point for corner;
THENCE east along the centerline of Coats Drive to the east property line of Whisenant
Estates No. 3 to a point for a corner;
THENCE north along the east property line of Whisenant Estates No 3 to its intersection
with the southeast corner of Whisenant Estates No. 5;
THENCE north along the east property line of Whisenant Estates No 5 to the northeast
comer and the point of beginning.
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