O-2587-1-07ORDINANCE NO. 2587-1-07
' 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, AS PREVIOUSLY AMENDED, BY
AMENDING -PD- PLANNED DEVELOPMENT NO. 53, ORDINANCE NO. 1171-5-93,
TO ALLOW DAY CARE USES ON 2.8281 ACRES OF LAND IN TRACT 2 OF THE
MARY STANDIFER SURVEY, ABSTRACT NO. 812, BEING
IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A
CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B"; 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 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 fav 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, 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 granting a change in zoning by amending Planned Development No 53, Ordinance No.
1171-5-93, as heretofore amended, to allow Day Care uses on 2.828-1 acres of land in Tract 2 of the Mary
Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas, and being further described in Exhibit
"A," attached hereto, and being made a part hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the zoning regulations for
"CF" Community Facilities District Zoning, as amended herein, and the Concept Plan, attached hereto as
Exhibit `B," and which is hereby approved.
SECTION 3. The property 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, as heretofore amended, and as amended herein.
SECTION 4. 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 5. Planned Development No. 53, Ordinance No. 1171-5-93 shall continue in full force and effect,
except as amended herein.
' 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.
SECTIONS. Any person, fnm 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
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, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
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SECTION 9. 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 COUNCH. OF THE CITY OF ALLEN, COLUN
COUNTY, TEXAS, ON THIS THE 23RD DAY OF JANUARY, 2007.
APPROVED:
w.;�,AWA'Mgjri1
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITYtATTORNEY Shelley B. CieorW, CFFY SE ABY
Ordinance No. 2587-1-07, Page 2
EXBDSIT "A"
LEGAL DESCRIPTION
' Z828ACRE TRACT
LOCATED IN THE CITY OF ALLEN, TEXAS
AND BEING OUT OF THE
MARYSANDIFER SURVEY, ABSTRACT NO. 812,
COLLIN COUNTY, TEXAS
DESCRIPTION OF PROPERTY SURVEYED
BEING a tract of land out of the Mary Sandifer Survey, Abstract No. 812, Collin County, Texas and
being that same tract of land described in deed to Charles K Green as recorded in Volume 5856, Page
592, Deed Records, Collin County, Texas and being more particularly described by metes and bounds
as follows:
BEGIMVING at a found "x" in concrete in the approximate centerline of County Road 145 and being on the
south line of Wallace Drive (called 50foot right-of-way) and said "x" being the northwest corner of said
Green tract
THENCE South 89 degrees 03 minutes 05 seconds East, a distance of 311.81 feet to a found Yz-inch Iron rod
on the south line of said Wallace Drive and being the northeast corner of said Green tract and being the
northwest corner of a tract of land described as Combination Plat, West Allen Church of Christ, as recorded
in Volume K Page 875, Plat Records, Collin County, Texas;
' THENCE South 00 degrees 58 minutes 59 seconds West, passing a found %,-inch Iron rod at 341,27feet and
continuing a total distance of 394.04 feet to a set "x" in concrete at the southeast corner ofsaid Green tract
and being on the north side of Exchange Parkway (variable width right-of-way);
THENCE North 89 degrees 03 minutes 00 seconds West, a distance of 313.54feet along the north line of said
Exchange Parkway to a set "x" in concrete at the southwest corner ofsaid Green tract and being in said
County Road 145;
THENCE North 01 degree 12 minutes 03 seconds East, a distance of 394.04 feet to the POINT OF
BEGINNING and containing 123,207 square feet or 2.818 acres of land.
NOTES
1. Bearing system for this survey is based on a bearing of South 89' 03"05"' East, for the south line of
Wallace Drive, as recorded in Volume 5856, Page 592, of the Deed Records of Collin County, Texas.
2. Subject Property is shown on the National Flood Insurance Flood Insurance Rate Map for Tarrant
County, Texas, Map No. 4808500430 C Community -Panel No. 480131 0430 J, Effective Date:
January 19, 1995.
Relevant zones are defined on said map as follows:
Zone "X" — Other Areas determined to be outside 500 -year floodplain.
' 3. No underground utilities have been located and/or shown on this survey. Only visible and apparent
above ground utility appurtenances are shown.
Ordinance No. 2587-1-07, Page 3
4. Square footage totals shown hereon or referenced herein are based on mathematical closures and do
not necessarily represent the positional accuracy of the boundary monuments.
' 5. Any declaration made hereon or herein is made to the original purchaser of the survey. It is not
transferable to additional institutions or subsequent owners.
6. The distances shown hereon for adjoining and adjacent properties have been compiled from recorded
plats and deeds, and do not necessarily represent field verified or monumented distances.
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7. All set Iron rods have a plastic cap stamped "PRECISE LAND SURV."
SURVEYOR'S CERTIFICATE
This survey is based on deeds, easements and/or recorded plats and other records furnished by the client
and/or the client's representative as well as significant visible monuments found on the subject property and
adjacent properties, field measurements and evidence of boundaries found on the ground However, this
survey shall not represent warranty of title or guarantee of ownership. This surveyor did not abstract the
subject property. This survey was performed with the benefit of a current title abstract provided by Republic
Title, CF, No. 06R31059, FCS, effective date July 27, 2005. There are no visible conflicts, visible evidence of
easements or rights -q6 -way or protrusions, except as shown, and that this date the easements, rights -or -way
or other locatable matters of record of which the undersigned has knowledge or has been advised are as
shown or noted hereon.
Ordinance No. 2587-1-07, Page 4
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EXIMTT "B"
CONCEPTPLAN
This exhibit is available for view in the City Secretary's Office.
Ordinance No. 2587-1-07, Page 5