O-3180-10-13ORDINANCE NO. 3180-10-13
AN ORDINANCE OF THE CITY COUNCIL OF TAE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ADOPTING A SITE PLAN FOR THE USE AND
DEVELOPMENT OF A 3.15+ ACRE TRACT OF LAND OUT OF THE PETER
WETZEL SURVEY, ABSTRACT NO. 990, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, DESCRIBED IN EXHIBIT "A", HERETO, AND LOCATED IN PLANNED
DEVELOPMENT NO. 5 FOR SHOPPING CENTER "SC" USES ("PD NO. 5");
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILrFY CLAUSE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED $2000.00; 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 hearings and
afforded a full and fair hearing to all property owners, generally, and to all persons interested and situated in the
affected area, and in the vicinity thereof; and,
WHEREAS, in accordance with Section 2 of City of Allen Ordinance No. 370-10-81, which established
Planned Development No. 5 for Shopping Center `5C" use (`RD No. 5'), at its regular meeting held on
October 1, 2013, the Planning and Zoning Commission approved the Phase One Site Plan attached hereto as
Exhibit "B" and forwarded it to the City Council for consideration; and,
' WHEREAS, the governing body of the City of Allen, in the exercise of its legislative discretion, has
concluded that in accordance with Ordinance No. 370-10-81, the Site Plan for the development and use of a
3.15+ acre tract of land out of the Peter Wetzel Survey, Abstract No. 990, City of Allen, Collin County, Texas
described in Exhibit "A" hereto and located within PD No. 5 (`the Property') should be approved.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, TAAT:
SECTION 1. In accordance with Section 2 of City of Allen Ordinance No. 370-10-81, the Phase One Site Plan
attached hereto as Exhibit "B," and incorporated herein by reference, relating to the use and development of the
Property is hereby approved.
SECTION 2. The Property shall be used and developed in accordance with the development and use
regulations of PD No. 5 and the Phase One Site Plan attached hereto as Exhibit "B," including the following:
A. Open space areas shall not be used for outdoor activities associated with the animal boarding
facility or veterinary hospital.
B. No building permit shall not be issued for any building constructed on the Property until an
application for a fence permit has been submitted to the City and issuance of a permit
approved for the construction of an eight foot tall (8) masonry wall at the locations shown on
the Phase One Site Plan.
C. No certificate of occupancy shall be issued for any building constructed on the Property until
' the Building Official and Director of Community Development have determined that
construction of the eight foot tall (8.0') masonry wall required by Paragraph B, above, is
substantially complete.
SECTION 3. 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. With respect to any site plan
for the use and development of the Property approved prior to the effective date of this Ordinance, such prior site
plan shall be deemed to be amended and replaced by the Phase One Site Plan attached hereto m Exhibit `B," but
only to the extent that the previously adopted site plan affects the Property, it being the intent that any site plan or
portion of site plan previously approved with respect to the use and development of any property located within
PD No. 5 other than the Property shall remain in full force and affect.
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SECTION 4. 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.
SECTIONS. 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 & Any person, fora 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.
SECTION 7. 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 8' DAY OF OCTOBER, 2013.
APPROVED AS TO FORM:
L� a4—,
Peter G. Smith, cITY ATTORNEY
(W M7113
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, TWC, CITY SECRETARY
Ordinance No. 3180-10-13, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
' Being a tract of land situated in the City of Allen, Collin County, Texas, and being out of the Peter Wetzel
Survey, Abstract No. 990, and also being a part of that tract of land described by deed to G. Ward Paxton, as
recorded under County Clerk's File No. 93-0012310, of the Deed Records, Collin County, Texas, said tract
being more particularly described as follows:
BEGINNING at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to
as a capped iron rod set) in the northerly monumented line of F.M. Highway No. 2170, same being in the
westerly line of said Paxton tract
THENCE North 000 30' 15" West along said westerly line of said Panton tract, passing the southeasterly
comer of the REPLAT OF NURSERY ADDITION, an addition to the City of Allen, as recorded in Volume
G, Page 745, of the Map Records, Collin County, Texas (M.R.C.C.T.) at a distance of 4.66 ft, and continuing
along the common line between said addition and said Paxton tract, a total distance of 360.22 ft to a 1/2" iron
rod found at the northwesterly corner of said Paxton tract, same being the northeasterly corner of said
addition, said comer also being in the southerly line of a 16 ft alley, as shown on the plat of FIFTH SECTION
FOUNTAIN PARK, an addition to the City of Allen, as recorded in Volume E, Page 82, M.R.C.C.T.;
THENCE North 890 02' 45" East, along the southerly line of said 16 ft alley, same being the northerly line of
said Paxton tract a distance of 386.80 ft to a capped iron rod set for the northeasterly comer of the herein
described property, same being in the westerly monumented line of Roaring Springs Drive;
THENCE along said westerly monumented line of Roaring Springs Drive, same being the easterly line of the
' herein described property, the following courses and distances:
South 000 39' 37" East, a distance of 226.92 ft to a capped iron rod set from which a 1/2" iron rod
found bears, N 730 41 '33" W, a distance of 0.81 ft;
South 440 25' 10" West, a distance of 14.33 ft to a capped iron rod set from which a 1/2" iron rod
found bears, N 80'41'58" W, a distance of 0.95 ft;
South 000 41' 17" East, a distance of 113.51 ft to an "X" cut set in concrete at the most northerly
corner of a corner clip at the intersection of Roaring Springs Drive and F.M. Highway No. 2170;
THENCE South 440 39' 17" West, along said comer clip, a distance of 14.07 it to a capped iron rod set in the
northerly monumented line of said F.M. Highway No. 2170;
THENCE along said northerly monumented line of F.M. Highway No. 2170, the following courses and
distances:
North 890 57' 08" West, a distance of 271.46 ft to a capped iron rod set at the beginning of a curve to
the left, having a radius of 725.00 It, a central angle of 070 00' 14", and a chord which bears, South
860 32' 44" West, a chord distance of 88.57 ft;
Continuing along said northerly monumented line, same being said curve to the left, in a
southwesterly direction, an arc length of 88.63 ft to a capped iron rod set at the beginning of a curve
to the right having a radius of 615.00 ft, a central angle of 000 43' 44", and a chord which bears, South
' 830 24' 29" West, a chord distance of 7.82 ft;
Continuing along said northerly monumented line, same being said curve to the left, in a
southwesterly direction, an arc length of 7.82 ft to the POINT OF BEGINNING and containing
3.150 acres of land, more or less.
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EXHIBIT "B"
PHASE ONE SITE PLAN
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Ordinance No. 3180.10-13 Page 4