O-2957-9-10ORDINANCE NO. 2957-9-10
' 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. 113 TO ALLOW A 4,439 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON A 5.288 ± ACRE TRACT OF LAND PRESENTLY ZONED
GO — "GARDEN OFFICE" (ALSO KNOWN AS 1101 S. CENTRAL EXPRESSWAY,
SUITE #100, ALLEN, TEXAS,) FOR A UNIVERSITY; PROVIDING FOR SPECIAL
CONDITIONS; ADOPTING A FLOOR PLAN; 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, be amended by granting Specific Use Permit No. 113 for a 4,439 square foot portion
of the building located on a 5.288± acre tract of land presently zoned GO — "Garden Office" described in Exhibit
"A," attached hereto and incorporated herein by reference ("the Property")(also known as 1101 S. Central
Expressway, Suite #100, Allen, Texas) to be used for a university.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
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 as a university, or an extension has been granted as provided in Allen Land
Development Code Section 6.01.
2. The operation of the university authorized by this Ordinance and the Specific Use Permit
granted hereby is expressly limited to the area of the Property shown in the Floor Plan
attached hereto as Exhibit "B" and incorporated herein by reference and shall be developed
and used only in accordance with said Floor Plan; provided, however, nothing in this
Ordinance shall be construed as prohibiting users or occupants of the area shown on the Floor
' Plan from using common areas within the remaining portion of the building and the Property
that are available for the non-exclusive use of all other occupants and users of the Property,
such as restrooms, lobby areas, elevator areas, and parking areas.
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 remairvng 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, to effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, f nn or corporation violating any of the provisions or terns 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 2e DAY OF SEPTEMBER, 2010.
APPROVED:
Stephe erre 1, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, crilz ATTORNEY Shelley B. Ckorge, &rY SECRETAY
Ordinance No. 2957-9-10, Page 2
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EXHIBIT "A"
LEGAL DESCRIPTION
RIDGEMONT/75 ADDITION
LOT 1, BLOCK A
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. CHRISTB'HER 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 "JDJR"
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 "JDJR" 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 11 MINUTES 26 SECONDS WEST, A DISTANCE OF 61.00 FFFT TO A h
INCH STEEL ROD FOUND FOR CORNER;
SOUTH 88 DEGREED 05 MINUTES 26 SECONDS BAST, A DISTANCE OF 26.49 FEET TO A 'h
INCH STEEL ROD FOUND FOR CORNER;
SOUTH 21 DEGREES 11 MINU'T'ES 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;
Ordinance No. 2957-9-10. Page 3
' THENCE, NORTH 71 DEGREES 41 MINUTES 39 SECONDS WEST, DEPARTING THE WEST
REIGHT-OF-WAY LINE OF SAID RAB,ROAD 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" SET FOR CORNER IN THE EAST
RIGHT-OF-WAY LINE OF SAID U.S. HIGHWAY 75;
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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 Yz
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. 2957-9-10. Page 4
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Ordinance No. 2957-9-10 Page 5