O-2955-9-10ORDINANCE NO. 2955.9-10
' 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 GRANTING SPECIFIC USE
PERMIT NO. 112 TO ALLOW A 13.29 t ACRE TRACT OF LAND PRESENTLY
ZONED "PD" PLANNED DEVELOPMENT NO. 73, LOCATED IN A PORTION OF
LOT 2A, BLOCK B, VILLAGE AT ALLEN ADDITION, ALLEN, TEXAS, FOR A
COMMERCIAL AMUSEMENT (OUTDOOR) USE; ADOPTING A SITE PLAN;
ADOPTING A LANDSCAPE PLAN; ADOPTING BULDING ELEVATIONS;
ADOPTING ARCHITECTURAL RENDERINGS; PROVIDING FOR SPECIAL
CONDITIONS; 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 m 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, is amended by granting Specific Use Permit No. 112 for a commercial amusement
(outdoor) use for a 13.29 f acre tract of land presently zoned "PD" Planned Development No. 73 located in a
portion of Let 2A, Block B of the Village at Allen Addition, Allen, Texas ("the Property') described in Exhibit
"A," attached hereto and made a pan hereof for all purposes.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the All=
Land Development Code Zoning Regulations, as heretofore amended, and as amended herein, subject to the
following special conditions:
1. The Specific Use Permit and this ordinance shall terminate six (6) months after the adoption of
this ordinance unless a certificate of occupancy has been issued by that date for use of the
Property for commercial amusement (outdoor) or an extension has been granted as provided in
Allen Land Development Code Section 6.01.
2. The Property shall be developed and used only in accordance with the Site Plan attached hereto as
Exhibit "B," Landscape Plan, attached hereto as Exhibit "C," Building Elevations attached hereto
' as Exhibit "D," and Architectural Renderings attached hereto as Exhibit "E," which are made a
part hereof for all purposes, and which is hereby approved.
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 28ra DAY OF SEPTEMBER, 2010.
APPROVED:
Stephen 'erre%MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY XTroRNEY Shelley B. George,SECRETUY
Ordinance No. 2955-9-10, Page 2
' EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 13.29 acre tract of land, situated in the H. Weisel Survey, Abstract No. 1026, and being
part of Lot 2A, Block B, of the Village at Allen, an addition to the City of Allen, recorded in
Final Plat, recorded in Cabinet 2009, Slide 76, of the Plat Records of Collin County, Texas, and
being more particularly described as follows;
BEGINNING at a 5/8 inch iron rod found for comer in the southeast right-of-way line of Allen
Station Parkway (90' R.O.W.), same being the southwest comer of said Lot 2A, Block B, of the
Village at Allen;
THENCE S88049'56"E, a distance of 328.45 feet to a 5/8 inch iron rod found for comer;
THENCE S88019'05"E, a distance of 416.72 feet to a 5/8 inch iron rod for comer,
THENCE S88°0622"E, a distance of 194.70 feet to a 5/8 inch iron rod for comer;
THENCE N53032'S4"E, a distance of 567.93 feet to a 5/8 inch iron rod for comer;
THENCE N00°05'17"E, a distance of 229.41 feet to a 5/8 inch iron rod for comer;
THENCE S88000'00"W, a distance of 363.54 feet to a 5/8 inch iron rod for comer;
THENCE S02°00'00"E, a distance of 10.00 feet to a 5/8 inch iron rod for comer;
THENCE S88000'00"W, a distance of 170.81 feet to a 5/8 inch iron rod for the beginning of a
tangent curve to the right and having a radius of 261.50 feet;
THENCE continuing along said tangent curve to the right, through an are distance of 28.65 feet,
having a central angle of 06016'38" and a chord bearing and distance of N8805 P41 "W, 28.63 feet
to a 5/8 inch iron rod found for comer;
THENCE N85043'22"W, a distance of 64.04 feet to a 5/8 inch iron rod found for corner and the
beginning of a tangent curve to the left and having a radius of 238.50 feet;
THENCE along said tangent curve to the left, through an arc distance of 26.13 feet, having a
central angle of 06016'38" and a chord bearing and distance of N88051'41 "W, 26.12 feet to a 5/8
inch iron rod found for corner;
THENCE 588000'00"W, a distance of 90.08 feet to a 5/8 inch iron rod found for comer and the
beginning of a tangent curve to the left and having a radius of 705.00 feet;
THENCE along said tangent curve to the left, through an arc distance of 327.10 feet, a central
' angle of 26035'01" and a chord bearing and distance of S74042'29"W, 324.18 feet to a 5/8 inch
iron rod found for comer;
Ordinance No. 2955-9-10, Page 3
THENCE S28°35'01 "E, a distance of 10.00 feet to a 5/8 inch iron rod found for the beginning of
a non -tangent curve to the left and having a radius of 695.00 feet;
THENCE along said non -tangent curve to the left, through an arc distance of 146.80 feet, having
a central angle of 12°06'07" and a chord bearing and distance of S55021'55"W, 146.52 feet to a
5/8 inch iron rod found for comer and the beginning of a reverse curve to the right and having a
radius of 261.50 feet;
THENCE along said reverse curve to the right, through an arc distance of 9.11 feet, having a
central angle of 01059'46" and a chord bearing and distance of S50018'45"W, 9.11 feet to a 5/8
inch iron rod found for corner,
THENCE S51°18'38"W, a distance of 70.09 feet to a 5/8 inch iron rod found for comer and the
beginning of a tangent curve to the left and having a radius of 238.50 feet;
THENCE along said tangent curve to the left, through an arc distance of 26.35 feet, having a
central angle of 06019'50" and a chord bearing and distance of S48008143"W, 26.34 feet to a 5/8
inch iron rod found for corner and the beginning of a compound curve to the left and having a
radius of 705.00 feet;
THENCE along said compound curve to the left, through an aro distance of 212.62 feet, having a
central angle of 17016'46" and a chord bearing and distance of S32004'08"W, 211.81 feet to a 5/8
inch iron rod found for corner and the beginning of a compound curve to the left and having a
radius of 238.50 feet;
THENCE along said compound curve to the left, through an arc distance of 18.65 feet, having a
central angle of 0402848" and a chord bearing and distance of S21 ° 11'21 "W, 18.64 feet to a 5/8
inch iron rod found for corner;
THENCE S18°56'57"W, a distance of 78.16 feet to the POINT OF BEGINNINQ containing
578,975 square feet or 13.29 acres of land more or less.
Ordinance No. 29559-10 Page 4
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EXMIT "Bn
SITE PLAN
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LANDSCAPE PLAN
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EXHIBIT "C"
LANDSCAPE PLAN (cont)
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