O-3155-6-13ORDINANCE NO. 3155-6-13
t - 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 BY CHANGING THE ZONING OF A
9.17± ACRE TRACT OF LAND, LOT 3, BLOCK A, OF THE TEXET ADDITION,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" AND
DEPICTED IN EXHIBIT "B," ATTACHED HERETO; FROM LIGHT INDUSTRIAL.
"LI" TO HEAVY INDUSTRIAL "HI"; PROVIDING A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 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 amended.
' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION I. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen,
Collin County, Texas, be amended by changing the zoning of a 9.17± acre tract of land, Lot 3, Block A, Texet
Addition City of Allen, Collin County, Texas described in Exhibit "A" and depicted in Exhibit `B",
respectively, attached hereto and incorporated herein by reference ("the Property") from Light Industrial "Ll"
to Heavy Industrial "HI." The Property shall be used only in the manner and for the purposes provided for in
the Allen Land Development Code Zoning Regulations of the City of Allen, as heretofore amended and as
amended by this ordinance.
SECTION 2. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and
development of the Property, the provisions of this Ordinance shall be controlling.
SECTION 3. 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 4. 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 committed and the Fortner law is continued in effect for this purpose.
' SECTION 5. 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 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.
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SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption 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 11th DAY OF NNE 2013.
APPROVED AS TO FORM:
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Peter G. Smith, CITY ATTORNEY
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APPROVED:
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Stephen Ilffirell, MAYOR
ATTEST:
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She y B. Georg , C, CITY S RETARY
Ordinance No. 3155-6-13, Page 2
' EXHIBIT "A"
LEGAL DESCRIPTION
COMMENCING at the intersection of the D.A.R.T. rail (100' R.O.W.), Referenced on Plat as
Southern Pacific Railroad, and Southerly line of Bethany Road, a point for corner;
THENCE along the said D.A.R.T. rail, the following:
S 210 42'00" W a distance of 1711.70 feet to the beginning of a curve to the right,
having a central angle of 230 46'00" and a radius of 2910.34 feet, a point comer;
Southwesterly around said curve a distance of 1207.23 feet to the beginning of a curve
to the left having a central angle of 170 26'22" and a radius of 2957.10 feet, a point for
corner;
Southerly around said curve a distance of 900.07 feet to A POINT OF BEGINNING, an
iron pipe set for corner;
THENCE S 870 29'00" E leaving said line of D.A.R.T. rail (100' R.O.W.) a distance of 841.94'
for a comer;
THENCE N 020 31'00" E a distance of 399.14' to a point on the centerline of Ridgemont Drive
' for a corner;
THENCE N 870 29'00" W along the said centerline of Ridgemont Drive a distance of 999.02' to a
point on the said D.A.R.T. rail (100' R.O.W.), an iron pipe found for corner;
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Thence leaving the said centerline of Ridgemont Drive, and along the said D.A.R.T. rail (100'
R.O.W.), the following:
N 21' 11' 00" E a distance of 107.70 feet to the beginning of a curve to the right having a
central angle of 060 50'38" and a radius of 2957.10 feet, an iron pipe found for comer;
Around said curve a distance of 353.22 feet to the PLACE of Beginning and containing
399,445 square feet or 9.17 acres of land more or less.
Ordinance No. 3155-6-13, Page 3
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EXHIBIT "B"
DEPICTION
Ordinance No. 3155-6-13, Page 4