O-2956-9-10ORDINANCE NO. 29569-10
' 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, AS PREVIOUSLY AMENDED, BY
CHANGING THE ZONING OF A 5.288 f ACRES OUT OF THE THOMAS G.
KENNEDY SURVEY, ABSTRACT NO. 500, THE RUFUS SEWELL SURVEY,
ABSTRACT NO. 875, AND THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO FROM "GO" GARDEN OFFICE, TO "O" OFFICEI;
ADOPTING A LAND USE PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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, 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 m the affected area, and in the
vicinity thereof, and in the exercise of its legislative discretion, the City Council has concluded that the Allen
' Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended, should be further amended as follows:
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 Zoning Map of the City of Allen,
Texas, as amended by changing the zoning of a 5.288 t acres of land out of the Thomas G. Kennedy Survey,
Abstract No. 500, Rufus Sewell Survey, Abstract No. 875, and McBain Jamison Survey, Abstract No. 491, City
of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and incorporated
herein by reference ("the Property') from "GO" Garden Office District, to "O" Office District.
SECTION 2. The Property shall be developed and used only in accordance with the "O" Office Zoning
District regulations set forth m the Allen Land Development Code, as amended, and the Land Use Plan
attached hereto as Exhibit "B," and incorporated herein by reference.
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 [Itis 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, 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 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 tertns of this Ordinance: shall
1 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 2fn DAY OF SEPTEMBER, 2010.
APPROVED:
04A
MQ =01
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
11
1
Peter G. Smith, crW ATTORNEY Shelley B. Geo CITY SEcRVTARy
Ordinance No. 29569-10. Page 2
EXHIBIT "A"
' LEGAL DESCRIPTION
A 5.288 ACRE TRACT OF LAND LOCATED IN THE MCBAIN JAMISON SURVEY, ABSTRACT NO.
500 AND THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND BEING A PART OF A 16.306 ACRE TRACT OF LAND CONVEYED TO CITY OF
ALLEN AND/OR ALLEN ISD AND COLLIN COUNTY AND/OR COLLIN COUNTY CCD AS
RECORDED IN INSTRUMENT NO. 92-0020531 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS, SAID 16.306 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS IN DEED TO W. CHRISTIPHER PRICE, TRUSTEE, AS RECORDED IN VOLUME
1831, PAGE 638 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, SAID 5.288 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8 INCH STEEL ROD WITH PLASTIC YELLOW CAP STAMPED "IDJR" FOUND
FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 75 (A VARIABLE WIDTH
RIGHT-OF-WAY) AND ALSO BEING IN THE APPROXIMATE CENTERLINE OF RIDGEMONT
DRIVE, SAME POINT BEING THE MOST NORTHERLY NORTHWEST CORNER OF THE
AFOREMENTIONED CITY OF ALLEN TRACT;
THENCE, ALONG THE NORTH LINE OF SAID CITY OF ALLEN TRACT WITH THE SAID
APPROXIMATE CENTERLINE OF RIDGEMONT DRIVE THE FOLLOWING TWO COURSES:
SOUTH 88 DEGREES 05 MINUTES 24 SECONDS EAST, A DISTANCE OF 128.94 FEET TO A 5/8
' INCH STEEL ROD WITH PLASTIC YELLOW CAP STAMPED "JDIR" FOUND FOR CORNER;
SOUTH 85 DEGREES 07 MINUTES 07 SECONDS EAST, A DISTANCE OF 228.84 FEET TO A 5/8
INCH STEEL ROD WITH PLASTIC YELLOW CAP STAMPED "JDJR" FOUND FOR CORNER IN THE
WEST RIGHT-OF-WAY LINE OF THE DALLAS AREA RAPIT TRANSIT RAILROAD, SAME POINT
BEING THE MOST NORTHERLY NORTHEAST CORNER OF SAID CITY OF ALLEN TRACT;
THENCE, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID RAILROAD THE FOLLOWING
THREE COURSES:
SOUTH 21 DEGREES i l MINUTES 26 SECONDS WEST, A DISTANCE OF 61.00 FEET TO A V, INCH
STEEL ROD FOUND FOR CORNER;
SOUTH 88 DEGREED 05 MINUTES 26 SECONDS EAST, A DISTANCE OF 26.49 FEET TO A!4 INCH
STEEL ROD FOUND FOR CORNER;
SOUTH 21 DEGREES 11 MINUTES 36 SECONDS WEST, A DISTANCE OF 644.05 FEEL TO A 5/8
INCH STEEL ROD WITH PLASTIC YELLOW CAP STAMPED "JDJR" FOUND FOR CORNER, SAME
POINT BEING THE NORTHEAST CORNER OF LOT 2, BLOCK A, RIDGEMONT/75 ADDITION, AN
ADDITION TO THE CITY OF ALLEN, ACCORNDING TO THE PLAT THEREOF RECORDED IN
CABINET Q, SLIDE 490, PLAT RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 71 DEGREES 41 MINUTES 39 SECONDS WEST, DEPARTING THE WEST
REIGHT-OF-WAY LINE OF SAID RAILROAD AND ALONG THE NORTH LINE OF SAID LOT 2, AT
' 306.08 FEET PASS A 5/8 INCH STEEL ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT
2, AND CONTINUING FOR A TOTAL DISTANCE OF 326.08 FEET TO A 5/8 INCH STEEL ROD WITH
PLASTIC YELLOW CAP STAMPED "JDJR" SEI FOR CORNER IN THE EAST RIGHT-OF-WAY LINE
OF SAID U.S. HIGHWAY 75;
Ordinance No. 29569-10, Page 3
THENCE, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY NO 75 THE
FOLLOWING FOUR COURSES:
NORTH 18 DEGREES 18 MINUTES 21 SECONDS EAST, A DISTANCE OF 361.77 FEET TO A %x INCH
STEEL ROD FOUND FOR CORNER;
NORTH 01 DEGREES 29 MINUTES 04 SECONDS WEST, A DISTANCE OF 156.85 FEET TO A 5/8
INCH STEEL ROD WITH PLASTIC YELLOW CAP STAMPED "JDJR" FOUND FOR CORNER;
NORTH 53 DEGREES 33 MINUTES 56 SECONDS EAST, A DISTANCE OF 77.98 FEET TO A 5/8 INCH
STEEL ROD WITH PLASTIC YELLOW CAP STAMPED "JDJR" FOUND FOR CORNER;
NORTH 14 DEGREES 55 MINUTES 49 SECONDS EAST, A DISTANCE OF 34.18 FEET TO THE
PLACE OF BEGINNING.
CONTAINING A COMPUTED AREA OF 230,327 SQUARE FEET OR 5.288 ACRES OF LAND
Ordinance No. 2956-9-10 Page 4
EXHIDTT "B"
LAND USE PLAN f ,
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