O-2534-6-06ORDINANCE NO. 25344116
' 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 PLANNED DEVELOPMENT NO. 13, ORDINANCE NO. 459-9-53, AS
HERETOFORE AMENDED, BY AMENDING THE DEVELOPMENT
REGULATIONS FOR TRACT 11 TO ALLOW DAY CARE CENTER AS A
PERMITTED USE FOR 6.0652± ACRES OUT OF THE WILLIAM PERRIN
SURVEY, ABSTRACT NO. 708 AND BEING FURTHER DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT
PLAN, ATTACHED 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 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, the City Council has 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 Zoning Map, of the City of
Allen, Texas, as previously amended, be amended by amending Planned Development No. 13, Ordinance No.
459-9-83, as heretofore amended by amending the development regulations for Tmct 11 to allow a day care
center as a permitted use for 6.0652± acres of land out of the William Perrin Survey, Abstract No. 708, and
being further described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. Planned Development No. 13, as heretofore amended, is hereby amended, by amending
Section 2, Use Regulations of the development regulations for Tract I1 attached to Ordinance No. 459-9-83
as Exhibit "B" thereto, to add ay care center as permitted use by right. The property shall be developed and
use only in accordance with 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. 13, Ordinance No. 459-9-83, 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.
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 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.
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 COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27TH DAY OF JUNE, 2006.
APPROVED:
1
1
APPROVED AS TO FORM:
12
Peter G. Smith, CITY ATTORNEY
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Stephen Terrell, MAYOR
ATTEST:
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Shelley B. Geo ITY SECRE Y
Ordinance No. 25346.06, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING a tract of land situated in the William Perrin Survey, Abstract No. 708, in the City of Allen, Collin
County, Texas and being all of a called 6.055 acre tract of land conveyed to Thomas B Sulisito and Rosin C
Sulisito as evidenced in a Special Warranty Deed recorded in County Clerk's File Number 93-0029928 of the
Land Records of Collin County, Texas (LRCCT). And being more particularly described by metes and
bounds as follows (bearings based on the most easterly west line of Cottonwood Bend North, Phase 1-Replat
an addition to the City of Allen, Texas, according to the map or plat thereof recorded in Volume G of page 25
of the Plat Records of Allen, Texas, (PRCCT), said bearing being North 00'07'06" East).
BEGINNING at a 5/8- inch "KHA" capped rod set for the intersection of the north right of way line of
Bethany Road (a 120 foot wide right of way), with the east right of way line of Jupiter Road (an 80 foot wide
right of way), same being the southwest comer of said 6.055 -acre tract;
THENCE North 19'36'49" East along the east right of way of said Jupiter road and the west line of said
6.055- acre tract, a distance of 500.42 feet (called 500.64 feet) to a %r inch iron rod found for the northwest
comer of said 6.055 acre tract, same being the most westerly southwest comer of said Cottonwood Bend
North, Phase I- Replot;
THENCE South 70'23'11" East, departing the east right of way line of said Jupiter Road, and along the south
line of said Cottonwood Bend North, Phase 1- Replot, a distance of 117.64 feet (called 117.55 feet), to a 9z
inch iron rod found for the point of curvature of a curve to the left;
' THENCE in an easterly direction, continuing along the south line of said Cottonwood Bend North, Phase t —
Replot and the north line of said 6.055 acre tract and along the arc of said curve to the left through a central
angle of 19'29'43"having a radius of 1383.53 feet and on arc length of 470.76 feet to a chiseled cross set for
the northeast corner of said 6.055 acre tract, same being an inner all corner of said Replot;
THENCE South 00'07'06" West (called South 00'07'06" East) along the east line of said 6.055 acre tract and
the west line of said Cottonwood Bend North Phase 1- Replot, a distance of 353.15 feet to a''/: inch iron rod
found for the southeast comer of said 6.055 acre tract, and the most southerly southwest comer of said Replot,
said comer also being on the north right of way line of said Bethany Road;
THENCE North 89'52'54" West (called North 89'53'00"West), along the south line of said 6.055 acre tract,
and the north right of way line of said Bethany Road, a distance of 739.52 feet to the Point Of Beginning and
containing 6.075 acres of land, more or less.
Ordinance No. 2534-606, Page 3