O-2909-4-10ORDINANCE NO. 2909-4-10
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
AMENDING THE DEVELOPMENT REGULATIONS FOR PROPERTY ZONED
"PD" PLANNED DEVELOPMENT NO. 55, ORDINANCE NO. 1226-3-94, AS
AMENDED, AND IDENTIFIED AS TRACT 8 IN SAID ORDINANCE, BEING 5.6±
ACRES LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, CITY OF
ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A CONCEPT PLAN;
PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABHdTY CLAUSE; PROVIDING 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, 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 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 the Allen Land Development Code and Zoning
Map of the City of Allen, 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 and Zoning Map of the City of Allen, Texas, be amended
by amending the Development Regulations for "PD" Planned Development No. 55, Ordinance No. 1226-3-94,
as amended, identified as "Tract 8" in said ordinance, being 5.6t acres located in the Michael See Survey,
Abstract No. 543, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and made a part
hereof for all purposes ("the Property").
SECTION 2. Section 2 of the Development Regulations for the Property as set forth in Ordinance
No. 1226-3-94 shall be amended to read in its entirety as follows:
TRACT 8 - OFFICE
2. Use Regulations.
The following uses are permitted in Tract 8
a.
Office buildings
b.
Office show room
c.
Banks and financial institutions
d.
Studios, photo, music, art, health, etc.
e.
Medical -related uses, such as clinic, professional office, etc.
f.
Pharmacy
g.
Church, Temple or Rectory
'
h.
Uses similar as determined by the City to the above mentioned permitted uses
provided activities conducted observe the requirements of all City Ordinances
i. Accessory buildings and uses incident to any of the above uses as defined in the
Comprehensive Zoning Ordinance
' The following is permitted as a temporary use only: Concrete or asphalt batch plant.
SECTION 3. The Property shall be developed and used only in accordance with the Concept Plan attached
hereto as Exhibit `B."
SECTION 4. Planned Development No. 55, as established by Ordinance No. 1226-3-94, shall continue in full
force and effect, except as further amended by this Ordinance.
SECTION 5. 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 6. 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 7. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 8. 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 the Allen Land Development Code, 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 9. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the previsions 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 27m DAY OF APRIL, 2010.
APPROVED:
dooi�"��
S phen Tel cell, MAYOR
APPROVED AS TO FORM: ATTEST:
cfl—
Peter G. Smith, CITTATTORNEY Shelley B. George, iumc, CITY sEcRMARY
Ordinance No. 2909-4-10, Page 2
' EXHIBIT "A"
LEGAL DESCRIPTION
BEING a 5.600 acre tract of land situated in the MICHAEL SEE SURVEY, ABSTRACT NO. 543, and being
part of that 9.7123 -acre tract of land conveyed by deed to Shelf Development, L.L.C., recorded as Document
Number 20100208000125760, of the Deed Records of Collin County, Texas, and being more particularly
described as follows:
COMMENCING at a 1/2" iron rod found at the intersection of the east right-of-way line of Watters Road (a
variable width R.O. W.), with the southerly right-of-way line of Allen Central Drive (a variable width
R.O.W.) and being the northwest comer of a tract of land conveyed to MDC Enterprises, GP, LLC;
THENCE S 77 deg. 28 min. 45 sec. E, departing the east right-of-way line of said Watters Road, along the
south right-of-way line of said Allen Central Drive, a distance of 200.72 feet to a 1/2" iron rod found for
comer;
THENCE S 81 deg. 50 min. 32 sec. E, along said south right-of-way line of said Allen Central Drive, a
distance of 17.54 feet to a I/2" iron rod set for comer and being the POINT OF BEGINNING;
THENCE S 81 deg. 50 min. 32 sec. E, continuing along said south right-of-way line of said Allen Central
Drive, a distance of 89.52 feet to a 1/2" iron rod found for comer;
THENCE S 88 deg. 23 min. 33 sec. E, along said south right-of-way line of said Allen Central Drive, a
' distance of 100.00 feet to a 1/2" iron rod found for the beginning of a curve to the left having a central angle
of 00 deg. 42 min. 10 sec., a radius of 1082.49 feet, and a chord which bears S 88 deg. 44 min. 38 sec. E, a
distance of 13.28 feet;
THENCE easterly, continuing along the south right-of-way line of said Allen Central Drive, an arc distance
of 13.28 feet to a 1/2" iron rod found for a point, said point being in a circular curve to the right, having a
central angle of 170 deg. 56 min. 12 sec., a radius of 60.00 feet, and a chord which bears N 87 deg. 44 min.
47 sec. E, a distance of 119.62 feet;
THENCE easterly, continuing along the south right-of-way line of said Allen Central Drive, and along said
circular curve to the right, an arc distance of 179.00 feet to a point for a corner;
THENCE N 84 deg. 54 min. 32 sec. E, continuing along the south right-of-way line of said Allen Central
Drive, a distance of 157.05 feet to a 1/2" iron rod found for comer;
THENCE N 87 deg. 28 min. 06 sec. E, continuing along the south right-of-way line of said Allen Central
Drive, a distance of 30.06 feet to a 1/2" iron rod found for comer, said point also being the northwest corner
of DRAKE DEVELOPMENT COMPANY IV, A DELAWARE CORPORATION as recorded in County
Clerks File No. 97-0039198, Deed Records, Collin County, Texas;
THENCE departing the south right-of-way line of said Allen Central Drive, and along the west lines of said
DRAKE DEVELOPMENT COMPANY IV, the following five (5) calls;
' (1) THENCE S 38 deg. 17 min. 42 sec. W, a distance of 166.62 feet to a 1/2" iron rod found for corner;
(2) THENCE S 10 deg. 00 min. 31 sec. W, a distance of 63.58 feet to a 1/2" iron rod found for corner;
Ordinance No. 2909-4-10, Page 3
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(3) THENCE S 21 deg. 57 min. 37 sec. E, a distance of 40.90 feet to a 1/2" iron rod found for corner;
(4) THENCE S 00 deg. 42 min. 02 sec. E, a distance of 124.61 feet to a 1/2" iron rod found for comer, said
point being the southwest comer of said DRAKE DEVELOPMENT COMPANY IV;
(5) THENCE N 89 deg. 38 min. 59 sec. E, along the south line of said DRAKE DEVELOPMENT
COMPANY fV, a distance of 65.96 feet to a 1/2" iron rod found for comer, said point also being the
northerly northwest corner of said Lot 2, Block B, Allen Central Addition;
THENCE S 20 deg. 12 min. 08 sec. W, departing the south line of said Lot 2, Block B, a distance of 16.98
feet to a 1/2" iron rod found for comer;
THENCE S 54 deg. 48 min. 50 sec. W, a distance of 335.00 feet to a 1/2" iron rod found for comer;
THENCE N 89 deg. 40 min. 55 sec. W, a distance of 254.70 feet to a 1/2" iron rod found for corner;
THENCE N 16 deg. 46 min. 55 sec. W, a distance of 162.28 feet to a 1/2" iron rod set for comer;
THENCE N 16 deg. 02 min. 12 sec. E, a distance of 166.21 feet to a 1/2" iron rod set for corner and being the
southeast corner of said MDC Enterprises, GP, LLC;
THENCE N 13 deg. 36 min. 09 sec. E, along the east line of sad MDC Enterprises, GP, LLC tract of land, a
distance of 250.82 feet to the POINT OF BEGINNING and containing 243,936 square feet or 5.600 acres of
land.
Ordinance No. 2909-4-10, Page 4
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EX=rr `B"
CONCEPTPLAN
Ordinance No. 2909-4-10, Page 5