O-2507-3-06ORDINANCE NO. 2507-3-06
' 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
GRANTING A CHANGE IN ZONING FROM "A -O" AGRICULTURE OPEN SPACE
TO "LR" LOCAL RETAIL ON 1.6608+ ACRES IN THE LEWIS WETSEL SURVEY,
ABSTRACT NO. 976, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS (52,000) 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 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 exeroise of its legislative discretion, have concluded that the Allen Land Development Code Zoning
Regulations 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 Zoning Regulations and Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting a change in zoning from "A -O" Agriculture Open Space to "LR"
Local Retail, consisting of 1.6608± acres in the Lewis Wetsel Survey, Abstract No. 976, City of Allen, Collin
County, Texas, and being further described in Exhibit "A" attached hereto.
SECTION 2. The property shall be used only in the manner and for the Allen Land Development Code
Zoning Regulations as amended hereby.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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. 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 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, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 6. 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 Zoning Regulations 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.
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SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of the
caption 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 28'u DAY OF MARCH, 2006.
"i i K1]L al IA
stephenlrerren, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, rrY ATTORNEY Shelley B. George, C, CITY SECRETARY
Ordinance No. 2507-3-06, Page 2
E.l'IIIBIT "A"
LEGAL DESCRIPTION
' Being a lot, tract or parcel of land situated in the Lewis Wetsel Survey, Abstract No. 976, Collin County,
Texas, and being a part of a called 1.654 acre tract of land conveyed from Jack Radke to Andrea Thomas by
deed recorded in Volume 4420, Page 855, Deed Records, Collin County, Texas, and being more particularly
described by metes and bounds as follows:
Beginning at a 1/2 inch iron rod found for comer at the Southwest corner of said called 1.654 acre tract and
being in the East line of Allen Educational Park an addition to the City of Allen, Collin County, Texas
according to the Plat thereof recorded in Cabinet R, Slide 465, Deed Records, Collin County, Texas;
THENCE North 000 49'00" East along the East line of said Allen Educational Park, a distance of 188.68 feet
to a point for comer for which a 1/2 inch von pipe bears South 88° 04'42" West, 1.26 feet and being the
Southwest corner of a tract of land conveyed to William B. McCown, Jr. by deed recorded in Volume 4634,
Page 2690, Deed Records, Collin County, Texas;
THENCE East along the South line of said William B. McCown, Jr. Tract, a distance of 417.81 feet to a
monument found for comer in the Northwest R.O.W. line of N. Greenville Avenue;
THENCE South 240 29'30" West along said Northwest R.O.W. line of said N. Greenville Avenue, a distance
of 56.83 feet to a monument found for corner and the beginning of a curve to the left, having a radius of
5950.01 feet, a central angle of 01° 31' 20", a chord bearing of South 230 48'02" West, a chord distance of
158.08 feet;
' THENCE Along said curve to the left and continuing along said Northwest R.O.W. line of N. Greenville
Avenue, an are length of 158.08 feet to a monument found for comer and being the Northeast comer of a
called 0.644 acre tract of land conveyed to James Norvell by deed recorded in Volume 1852, Page 60, Deed
Records, Collin County, Texas;
THENCE North 880 40'39" West along the North line of said called 0.644 acre tract, a distance of 333.24
feet to the Point of Beginning and containing 72,344.78 square feet or 1.6608 acres of land.
Ordinance No. 2507-3-06, Page 3