O-3262-10-14ORDINANCE NO. 3262-10-14
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND
ADOPTING BUILDING ELEVATIONS FOR A PORTION OF TRACT 1 OF
PLANNED DEVELOPMENT PD NO. 58, SAID PORTION BEING 5.8141 ACRES OF
LAND IN THE L.K. PEGUES SURVEY, ABSTRACT NUMBER 702, CITY OF ALLEN,
COLLIN COUNTY, TEXAS; PROVIDING FOR A CONFLICTS RESOLUTION
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 Planning and Zoning Commission 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 Allen Land
Development Code Zoning Regulations 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, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending the development
regulations for a portion of Tract 1 of Planned Development PD No. 58, said portion being 5.814x acres in the
L.K. Pegues Survey, Abstract Number 702, City of Allen, Collin County, Texas (`the Property"), and more
particularly described in Exhibit "A" attached hereto and incorporated herein, and adopting a Concept Plan
and Building Elevations.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, and the development regulations applicable to Tract I of Planned
Development PD No. 58 for Shopping Center SC, except to the extent modified below:
A. PERMITTED USES: Notwithstanding the uses otherwise permitted within Tract I of Planned
Development PD No. 58:
(1) Parcel 1 of the Property as designated on the Concept Plan attached hereto as Exhibit "B"
may also be developed and used as a Daycare Facility;
(2) Use and development of the Property as a Restaurant (Drive-in or through) shall require
approval of a Specific Use Pemiit; and
(3) Use and development of the Property for Automotive Repairs (Major), Automotive Repairs
(Minor), Fueling Station, Service Station, or Automotive Sales and Service (new or used) is
prohibited.
B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B" and incorporated herein by reference. Minor modifications to
streets/driveways that do not alter the general alignment shown on the Concept Plan may be made at
the time of site planning.
C. BUILDING ELEVATIONS: If Parcel 1 is developed and used as a Daycare Facility, the buildings
on Parcel 1 shall be developed in general conformance with the Building Elevations attached hereto
as Exhibit "C" and incorporated herein by reference.
D. SCREENING: If Parcel 1 is developed and used as a Daycare Facility, the screening on the west end
of the outdoor play area, located west of the daycare building, shall be an eight foot (S') masonry wall
with wrought iron fence sections as shown in Exhibit "D" and incorporated herein by reference.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not
expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, 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 Zoning Regulations, 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 terms of this Ordinance
shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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 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 THIS THE 28rn DAY OF OCTOBER, 2014.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
I ct �� A ba 4-A \1S mil cue
' Veter G. Smi , CITY ATTORNEY Shelley B. George, TRUC, CITY SECRETARY
(kbl:10/1/14:69496)
Ordinance No. 3262-10-41, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
Being all that certain 5.814 sae tract of land simated in the L.K. Pegues Survey, Abstract No. 702, and
being a portion of that certain tract of land conveyed in LLG Lords, Inc, by deed recorded under Clerl s
File No. 1993-102562, Real Property Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING at a 5/8 inch not rod with "3DIR" cep found for the Northwest commit of said portion of LLG
Lends, list., same being the Southwest corner of a rigl of -way dedication by plat recorded in Cabinet M.
Page 316, Map Records of Collin County, Texas, same being in the Southeast rightof-way Imo of Central
Expressway (US. Highway No. 75) (called 300 foot right-of-way);
THENCE South 63 deg. 54 min. 10 see. East, along the common lire of said portion of LLG Lands tract
and said right-of-way drdicition, passing at a distance of 11.00 feel a IR inch iron rod with "Pacheco &
Koch" cap found for the Southeast corner of said right-of-way dedication, same being the moat westerly
Southwest corner of Lot 1, Block A, Cornerstone/Allen Addition, according to the plat thereof recorded in
Cabinet M, Page 316, said Map Records, and continuing along the common line of said portion of LI.G
Lands tract and said Lm 1, a total distance of 396.89 feet to a 1/2 inch iron rod which bears North 64 deg.
17 min. 32 sec. West, 2.92 feet found for an angle point of said portion of LLG Lands tract, same being a
South comer of said Lot 1;
THENCE along the common line of said portion of LLG bods tract and said La 1 a follows:
North 71 deg. 05 min. 50 w. Ear, a distance of 49.49 feet to sn7(' cut found for angle point;
South 63 deg. 54 min. 10 sec. East, a distance of 28.23 feet to a 1/2 inch iron rod found for a North coarser
of mid portion of LLG Lands net, same being the most easterly Southeast tonus of said Lot 1, same being
in a Wast line of Lot 3, Block A, Corner tone/Allen Addition, an addition to the City of Allen, Co0io
County, Texas, according in the plat thereof recorded in Cabinet Q, Page 468, aforesaid Map Records;
THENCE along the common line of said portion of LLG Lends tract and said Int 3 m follows:
South 26 deg. 01 min. 02 sec. Wirt, a distance of 68.00 feet in a 1/2 inch iron rod which bean North 72
deg. 32 min. 49 deg. West, 0.38 feet found for an internal corner of said portion of LLG Lands tract, seine
being the West caner of said Lot 3;
South 36 deg. 11 mm. 49 sec. East, a distance of 158.72 feet to a 1/2 inchnon rod found for an East corer
of said portion of LLG Lando tract, creme being the South corner of said Lot 3, same being in a West line of
Lot 5, Block A, CornenoondAllen Addition, an addition in the City of Allen, Collin County, Texas,
according to the plat thereof recorded under ClmVs File No. 20080102010001570, aforesaid Real Property
Records;
THENCE Wong the common litre of said portion of LLG Lands tract and said Lot 5 a follows:
South 38 deg. 09 mm. 10 sac. West, a distance of 33.75 feet to an 7C cut found for an East corner of mid
portion of LLG lands tract;
North 79 deg. 07 mm. 48 sec. Wen, a dissoce of 119.50 fat to an 'X' cut found for an internal corner of
mid portion of LLG Lords tract, name being the most wanly Northwest corner of mid La 5;
Sash 10 deg. 52 min. 12 sec. West, a distance of 197.00 feet to, a 1/2 inch iron rod found for an minimal
caner of mid portion of LLG lands tract, same being the most westerly Southwest caner of said Lot 5;
South 79 deg. 07 min. 49 sec. Fist, a distance of 267.18 feet to an7C cut found for a southeast comer of
said tot 5;
Nath 10 deg. 52 min 12 sec. East, a distance of 30.50 feet m an'Xcut found for a northwest corner of
said portion of LLG Lands tract, same being an mtemal corner of said La 5;
South 79 deg. 07 min. 48 sec. East, a distance of 78.00 feet to an 'X' cut found for a northeast cornerof said
. portion of LUG lands tract, same being the most easterly southeast comer of said Lot 5, same being in a
west line of aforesaid Lot 3;
THENCE along the cannon Imo of said portion of Id.G (ands tract, and mid Lot 3 as folio":
Ordinance No. 3262-10-41, Page 3
THENCE along the common line of said portion of LLG Lands over and said Exchange Partway as
follows:
EXHIBIT "A"
LEGAL DESCRIPTION cont.
'
found;
South 10 deg. 52 rain. 12 sec. West, a distance of 162.72 fat to an W cut found for a southeast tomo of
said portion of LLG Lands tract, same being an internal comer of said Lot 3;
North 79 deg. 07 min. 48 sec. West, a distance of 50.69 feet to m W cut found for an internal comer of
said porton of LLG Ganda tract, same being a northwest corner of said Lot 3;
South 15 deg. 50 min. 21 sec. West, a distance of 92.07 feet to an X cut found for the moat southerly
southeast comer of said portion of LLG Lands out, same being the southwest corner of said Lot 3, same
being in the north rigWof--way line of Exchange Parkway (variable width rightof-way)(Coumy Clerk's
File No. 2001-0019406), same being the beginning of a non -tangent curve to the right having a radius of
2083.48 feet, and a delta angle of 10 deg. 37 min. 45 ace.;
THENCE along the common line of said portion of LLG Lands over and said Exchange Partway as
follows:
1
THENCE along said curve in the right and the common line of said portion of LLG Lands tract and said
Northeast intersection, an arc distance of 53.22 feet and a chord hearing and distance of North 12 deg. 55
min 10 sec. East, 53.11 fat to a 1/2 inch iron found for an angle point of said LLG Lards tract, same being
in the Southeast fight -of -way line of said Central Expressway;
THENCE North 26 deg. 05 min. 50 sec. East, along the common line of said LLG Lands tract and said
Southeast rightof-way line of said Central Expressway, a distance of 183.26 feet to the POINT OF
BEGINNING and contamiug 253,265 aquae feet or 5.814 acres, of computed land, more or less.
Ordinance No. 3262.10-41, Page 4
In a northwesterly direction, and along said non -tangent curve to the right, an arc distance of 386.52 fat,
and a chord bearing and distance of North 69 deg. 11 min. 53 act. West, 385.96 feet to a t/2 inch iron rod
found;
North 64 deg. 02 min. 34 sec. West, a distance of 43.57 feet to a 1/2 inch iron rod found for the beginning
of a curve to the right having a radius of 34.50 fat, and a delta angle of 78 deg. 02 min. 46 sec.;
In a oonhwesterly direction, and along said curve to the right, an are: distance of 46.99 fat, and a chord
bearing and distance of North 25 deg. 06 min. 16 sec. West, 43.44 feet to a 1/2 inch iron rod found;
North 14 deg 17 min 46 sec. East, a distance of 98.31 feel to a point for the beginning of a curve to the left
having a radius of 196.50 feet, and a delta angle of 78 deg. 21 min. 34 sec.;
In a northwesterly direction, and along said curve to the left, an are distance of 268.74 fat. and a chord
bearing and distance of North 24 deg. 48 min. 00 sec. West, 24828 feet in a 1/2 inch iron rod found;
North 64 deg. 08 min. 30 sec. West, a distance of 146.46 fat to a 1/2 inch iron rod found for angle point,
same being the beginning of a curve to the right, having a radius of 34.50 feet and a delta angle of 70 deg.
40 min. 44 sec.;
Along said curve to the right, an arc distance of 42.56 fat and a chord bearing and distance of North 27
deg. 56 min. 56 sec. West, 39.91 feet to a 1/2 inch iron rod found for angle point, same being in the
Northing intersection of said Exchange Partway and aforesaid Central Expressway, same being the
beginning of a curve to the right, having a radius of 229.50 feet and a delta angle of 13 deg. 17 ruin. 16
sec.;
1
THENCE along said curve in the right and the common line of said portion of LLG Lands tract and said
Northeast intersection, an arc distance of 53.22 feet and a chord hearing and distance of North 12 deg. 55
min 10 sec. East, 53.11 fat to a 1/2 inch iron found for an angle point of said LLG Lards tract, same being
in the Southeast fight -of -way line of said Central Expressway;
THENCE North 26 deg. 05 min. 50 sec. East, along the common line of said LLG Lands tract and said
Southeast rightof-way line of said Central Expressway, a distance of 183.26 feet to the POINT OF
BEGINNING and contamiug 253,265 aquae feet or 5.814 acres, of computed land, more or less.
Ordinance No. 3262.10-41, Page 4
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EXHIBIT "C"
BUILDING ELEVATIONS
Ordinance No. 3262-10-41, Page 6
EXHIBIT "D"
' OUTDOOR PLAY AREA SCREENING WALL
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Wrought Iron Fence Section
Ordinance No. 3262-1041, Page 7