O-2636-6-07ORDINANCE NO. 2636-6-07
' 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, BY GRANTING AN AMENDMENT
TO A PORTION OF TRACT 1 OF "PD" PLANNED DEVELOPMENT NO. 58,
ORDINANCE NO. 1409-3-%, AS HERETOFORE AMENDED, TO AMEND
MAXIMUM HEIGHT REGULATIONS FOR 4.662± ACRES OF LAND, LOT 5,
CORNERSTONE/ALLEN ADDITION, FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR A REPEALING 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
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 properly 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, 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 THIN 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, is hereby amended by granting an amendment to the Height Regulations for a portion of
Tract I of "PD" Planned Development No. 58, Ordinance No. 1409-3-96, from a three (3) story maximum to a
four (4) story maximum, with a tower not to exceed seventy-two (72) feet and one half (1/2) inches in height for
4.6623 acres of land, designated Lot 5, Comerstone/Allen Addition, City of Allen, Collin County, Texas, and
further described in Exhibit "A" attached hereto, and being made a part hereof for all purposes.
SECTION 2. The properly shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas.
SECTION 3. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and
the same are hereby, repealed, provided, however, that all other provisions of said Ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 4. Planned Development No. 58, Ordinance No. 1409-3-96, as amended by Ordinance No. 1625-8-
98, and 1920-2-01, shall continue in full force and effect, except as amended herein.
SECTION 5. 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 ±fie Allen Land Development
Code, as amended hereby, which shall remain in full force and effect.
SECTION 6. 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 7. 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 of the City of Allen, as
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a
separate offense.
1
SECTION S. 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 20 DAY OF JUNE, 2007.
APPROVED:
Stephen TeVmll, Mayor
APPROVED AS TO FORM: ATTEST:
6ikA
Peter G. Smith, C Attorney Shelley B. Georg ity Secreta
Ordinance No. 2636607, Page 2
1
EXHIRff "A"
LEGAL DESCRIPTION
202,902.48 SQ, FCJ4.658 ACRES
Being 4.658 acres of land situated within the corporate limits of the City of Allen, County of
Collin, State of Texas, being part of the L.K. Pegues Survey Abstract Number 702, also being
part of a tract of land conveyed from Tycher Investments to LLG Lands, Inc. on October 26, 1993
and recorded in County Clerk Document # 93-0102562 Collin County, Texas. The said 4.658
acre tract of land being described more particularly in metes and bounds as follows:
Beginning at a "X" chiseled in concrete at the most southern Southeast comer of said 4.658
acre tract, said "X" also being the most southern Southwest comer of a called 3.405 acre tract
conveyed from LLG Lands Inc. to DKOTA Investments Inc. on December 1, 2004 and recorded
in County Clerk Document # 2004-0176088 Collin County, Texas, said "X" also being in the
North right of way line of Exchange Parkway in a curve to the right, said curve having a radius of
2083.48 feet, and having a chord bearing and distance of N 69°14'50" W, 386.02 feet;
Thence along the North right of way line of Exchange Parkway and along said curve to the
right an arc length of 386.58 feet to a V inch capped iron rod set for comer,
Thence continuing along the North right of way line of Exchange Parkway N 63°56'45" W, a
distance of 43.62 feet to a % inch iron rod found at the beginning of a curve to the right, said
curve having a radius of 34.50 feet and having a chord bearing and distance of N 24049'07" W,
43.53 feet;
' Thence continuing along the North right of way line of Exchange Parkway and along said
curve to the right an arc length of 47.10 feet to a V. inch iron rod found for corner;
Thence continuing along the North right of way line of Exchange Parkway N 14026'11 " E, a
distance of 97.92 feet to a'/ inch iron rod found at the beginning of a curve to the left, said curve
having a radius of 196.50 feet and a chord bearing and distance of N 04056'48" W, 130.33 feet;
Thence continuing along the North right of way line of Exchange Parkway and along said
curve to the left an are length of 132.85 feet to a Vx inch capped 'non rod set for comer,
Thence N 65048'09" E, departing the North right of way line of Exchange Parkway a distance
of 147.57 feet to a %s inch capped iron rod set for comer;
Thence S 79°07'48" E, a distance of 189.43 feet to a V inch capped iron rod set for comer;
Thence N 38009'10" E, at a distance of 33.75 feet passing an exterior comer of the
aforementioned called 3.405 acre DKOTA tract as shown on a the final plat of Lot 3, Block A
Cornerstone / Allen Addition recorded in Cabinet Q, Page 468 of the Plat Records of Collin
County Texas and continuing on for a total distance of 68.07 feet to an "X" chiseled in concrete;
Thence S 79007'48" E, along the southern boundary line of Lot 3, Block A Cornerstone /
Allen Addition a distance of 194.47 feet to an "X" chiseled in concrete;
' Thence S 10052'12" W, along the western boundary line of the aforementioned Lot 3, Block A
Cornerstone / Allen Addition a distance of 389.72 feet to an "X" chiseled in concrete;
Thence N 79007'48" W, along the most southern North boundary line of the aforementioned
Ordinance No. 2636-6-07, Page 3
Lot 3, Block A Cornerstone / Allen Addition a distance of 50.69 feet to an "X" chiseled in
concrete;
' Thence S 15050'2 P' W, along the most southern West boundary line of the aforementioned
Lot 3, Block A Cornerstone / Allen Addition a distance of 92.07 feet to the point of beginning,
containing 4.658 acres of land.
11
I
Ordinance No. 2636807, Page 4