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O-2449-10-05ORDINANCE NO. 2449-10-05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "CBD" CENTRAL BUSINESS DISTRICT -MIXED USE RESIDENTIAL/RETAIL, "CBD" CENTRAL BUSINESS DISTRICT -OFFICE, "CBD" CENTRAL BUSINESS DISTRICT-OFFICE/RETAH., "CBD" CENTRAL BUSINESS DISTRICT—SELF-STORAGE, "CBD" CENTRAL BUSINESS DISTRICT - INSTITUTIONAL, "CBD" CENTRAL BUSINESS DISTRICT -INSTITUTIONAL/ OFFICE, "CBD" CENTRAL BUSINESS DISTRICT -MEDICAL OFFICE MEDICAL SUPPLY, "CBD" CENTRAL BUSINESS DISTRICT -TRANSPORTATION, ON 233.06± ACRES OF LAND SITUATED IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBITS "A" THROUGH "M" TO "CBD" CENTRAL BUSINESS DISTRICT; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING 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, have concluded that the 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 changing the zoning on 233.06± acres of land situated in the City of Allen, Collin County, Texas, described in Exhibits "A" through "M" attached hereto from "CBD" Central Business District -Mixed Use Residential/Retail, "CBD" Central Business District -Office, "CBD" Central Business District-Office/Retail, "CBD" Central Business District-Self-Stonage, "CBD" Centml Business District -Institutional, "CBD" Central Business District-Institutional/Office, "CBD" Central Business District - Medical Office Medical Supply, "CBD" Central Business District -Transportation,, to "CBD" Central Business District. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, as heretofore amended, and as amended herein. ' 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 Allan 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, 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, 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 7. 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 11f DAY OF OCTOBER, 2005. APPROVED: StephenFrerrelt, MAYOR APPROVED AS TO FORM: ATTEST: (i 4 Peter G. Smith, CITT ATTORNEY Shelley B. Geo C, CITY CRETARY Ordinance No. 2449-10-05, Page 2 EYIIBIT "A" ' Beginning at the northeast comer of Central Expressway North and W. Main St.; thence east 702.58 ft. to the intersection of W. Main Street and Bonham Drive; thence north on Bonham Dr. 162.91 ft.; thence east along a line 709.35 ft.; thence north along a line 95 ft.; thence easterly along a line 176.35 ft. to an intersection with Allen Dr.; thence north along Allen Dr. 115.24 ft to the intersection of Allen Dr. and Boyd Dr.; thence westerly 431.03 ft. to the intersection of Anna Dr. and Boyd St.; thence north 446.42 ft. along the centerline of Anna Dr. to a point; thence west along a line 904.67 ft; thence south 759.88 ft. to the point of beginning and containing 15.66± acres; of land. AL ONE T N Ordinance No. 2449-10-05, Page 3 F 1 EXHIBIT "B" Beginning at the center line of McDermott Dr. at the east boundary of Young Addition; thence south along a line 395.75 ft. to a point; thence west along a line 756.38 ft. to a point; thence north along a line 140.71 ft. to a point; thence west along a line 325.4 ft. to a point; thence southwest along a line 284.16 ft. to a point; thence west along a line 219.86 ft. to a point; thence north along a line 520.96 ft. to a point; thence west along a line 317.09 ft. to the centerline of Butler Dr.; thence north 467.44 ft. along the centerline of Butler Dr. to a point; thence east along a line 238.1 ft. to a point; thence south along Austin Dr. 181.3 ft. to a point; thence east along McDermott Dr. 124.37 ft. to a point; thence north along Austin Dr. 290.09 ft. to a point; thence east 151.82 ft. along Belmont Dr. to a point; thence south along a line 309.31 ft. to the centerline of McDermott Dr.; thence east 1,044.12 ft. along the centerline of McDermott Dr. to the point of beginning and containing 16.89± acres of land. N Ordinance No. 2449-10-05, Page 4 EXHIBIT "C" ' Beginning at the northeast comer of Coats Dr. and Anna Dr.; thence east 341.97 ft. along the centerline of Coats Dr.; thence south along a line 158.71 ft. to a point; thence west along a line 48.83 ft. to a point; thence south along a line 167.43 ft. to the centerline of Boyd Dr.; thence west along the centerline of Boyd Dr. 294.77 ft. to the intersection of Anna Dr.; thence north along the centerline of Anna Dr. 433.71 ft. to the point of beginning and containing 2.77± acres of land. F P I I _L_L_WOOD COATS DRIVE LEN PROFESSICYNAIL CENTER T N Ordinance No. 2449-10-05, Page 5 11 F EXHIBIT"D" Beginning at the northeast comer of Century Pkwy. and McDermott Dr.; thence east 989.68 ft. along the centerline of McDermott Dr. to the intersection of Butler Dr.; thence south 1,128.3 ft. along the centerline of Butler Dr. to a point; thence west 772.39 fL along a line to the centerline of Century Pkwy.; thence north 1,247.98 ft. along the centerline of Century Pkwy. to the point of beginning and containing 24.53± acres of land. I ALL (LOTS I IL E LV U n°v'm'`n¢e' 88.68, L1� a AYALLEN RETAI ALLEN CRY COMPLEX ENMYALGREMEIIANT OF LOT RETAIL ....................... COMPLEX T N Ordinance No. 2449-10-05, Page 6 EXHIBIT "E" ' Beginning at the centerline of Austin Dr. and Boyd Dr.; thence east along a line 1,126.61 ft. to a point; thence south along a line 356.69 ft. to a point; thence west along a line 349.85 ft. to the centerline of Cedar Dr.; thence south along the centerline of Cedar Dr. 635.14 ft. to the intersection of Cedar Dr. and McDermott Dr.; thence west along the centerline of McDermott Dr. 632.41 ft.; thence north along a line 315.91 ft. to the centerline of Belmont Dr.; thence west along the centerline of Belmont Dr. 147.62 ft. to the intersection of Austin Dry thence north along the centerline of Austin Dr. 644.82 ft. to the point of beginning and containing 19.43 acres of land. T N Ordinance No. 2449-10-05, Page 7 EXIMIT "F^ ' Beginning at the intersection of McDermott Dr. and Cedar Dr.; thence north along the centerline of Cedar Dr. 644.13 ft. to the intersection of Cedar Dr. and Main St.; thence east along the centerline of Main St. 1,285.51 ft. to the intersection of McDermott Dr.; thence west 1,261.15 ft. along the =terline of McDermott Dr. to the point of beginning and containing 10.64± acres of land. F POWER t■m SI T N Ordinance No. 2449-10-05, Page 8 EXHIBIT "G" ' Beginning at the intersection of McDermott Dr. and Bonham Dr.; thence east 1,002.57 ft. along the centerline of McDermott Dr. to the intersection of Butler Dr.; thence north 169.53 ft. along the centerline of Butler Dr. to a point; thence east along a line 281.94 ft. to the centerline of Austin Dr.; thence north along the centerline of Austin Dr. 835.51 ft. to the intersection of Boyd Dr.; thence west 641.05 ft. along the centerline of Boyd Dr. to the intersection of Allen Dr.; thence south 77.79 ft. along the centerline of Allen Dr. to a point; thence west along a line 234.62 ft. to a point; thence south along a line 103.59 ft. to a point; thence west along a line 653.62 ft. to the centerline of Bonham Dr.; thence south along the centerline of Bonham Dr. 710.1 ft. to the point of beginning and containing 26.85± acres of land. 17 i■ Nil II �-milI��I�i�i1 ■ M�1 �� I�� Ali►rr� . T N Ordinance No. 2449-10-05, Page 9 EXHIBIT "H" ' Beginning at the intersection of Allen Dr. and Coats Dr.; thence west 188.59 ft. along the centerline of Coats Drive; thence north along a line 1,525.86 ft. to a point; thence southeast along a line 548.48 ft. to a point; thence east along a line 360.59 ft. to a point; thence south along a line 521.11 ft. to a point; thence west along a line 316.82 ft. to the centerline of Allen Dr.; thence south 687.29 ft. along the centerline of Allen Dr, to the point of beginning and containing 13.37± acres of land. D F T N Ordinance No. 2449-10-05, Page 10 E7 MTT "I" ' Beginning at the intersection of Boyd Dr. and Austin Dr.; thence west 793.17 ft. along the centerline of Boyd Dr. to a point; thence north along a line 156.61 ft. to a point; thence east along a line 52.2 ft. to a point; thence north along a line 169.67 ft. to a point; thence east along a line 122.51 ft. the centerline of Allen Dr.; thence north 680.18 ft. along the centerline of Allen Dr. to a point; thence east along a line 296.11 ft. to a point; thence north along a line 533.04 ft. to a point thence east along a line 413.29 ft. to a point; thence south 1,319.92 ft. along the centerline of Austin Dr. to the intersection of Coats Dr.; thence west 71.75 ft. along the centerline of Coats Dr. to a point; thence south along a line 324.21 ft. to the point of beginning and containing 19.90± acres of land. Ordinance No. 2449-10-05, Page 11 EXIHBTT "J" Beginning at the centerline of McDermott Dr. and Main St.; thence south along a line 281.09 ft. to a point; thence southeast along a line 213.32 ft. to a point; thence northwest along a line 159.81 ft. to a point; thence west along a line 833.83 ft. to the east boundary of Young Addition; thence north along a line 400.88 ft. to the centerline of McDermott Dr.; thence east 932.12 ft. along the centerline of McDermott Dr. to the point of beginning and containing 8.5t acres of land. �M NITY CREDIT. I BRMOTT DR. 932.12' ,a 213.32' 159.81' T N Ordinance No. 2449-10-05, Page 12 EXHIBIT"W' ' Beginning at the centerline of Butler Dr, 63.% ft. south of McDermott Dr.; thence east along a line 275.61 ft. to a point; thence south along the boundary of the Southern Pacific Railroad property 1,007.27 ft. to a point; thence north 934.25 ft. along the centerline of Butler Dr. to the point of beginning and containing 3.22± acres of land. T N Ordinance No. 2449-10-05, Page 13 II E EX I1BTT "L^ Beginning at the intersection of McDermott Dr. and Austin Dr.; thence north 1,324.22 ft. to the intersection of Coats Dr.; thence east along a line 77.84 ft. to a point; thence north along a line 890.63 ft. to a point; thence east along a line 86.75 ft. to a point; thence south 2,200.48 ft. along the centerline of Ash Dr. to the intersection of McDermott Dr; thence west 248.9 ft. along the centerline of McDermott Dr. to the point of beginning and containing 7.43± acres of land. Ordinance No. 2449-10-05, Page 14 EXHIBIT "M" ' Beginning at the intersection of Main St. and McDermott Dr.; thence north along a line 1478.98 ft. to a point; thence northeast along a line 241.87 ft. to a point; thence north along a line 576.63 ft. to a point; thence west along a line 82.04 ft. to a point; thence northwest along a line 277.02 ft. to a point; thence southwest along a line 133.51 ft. to a point; thence west along a line 1077.17 ft. to a point; thence south along the centerline of Ash Dr. 1226.45 ft. to the intersection of Boyd Dr.; thence east along a line 1020.84 ft. to a point; thence south along a line 397.19 ft. to the centerline of Main St.; thence east along the centerline of Main St. 937.44 ft. to the point of beginning and containing 63.9± acres of land. T N Ordinance No. 2449-10-05, Page 15