O-2370-1-05ORDINANCE NO. 2370-1-05
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 SPECIFIC USE PERMIT NO. 98 FOR MOTORCYCLE SALES AND
SERVICE FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 55, BEING
4.769f ACRES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
FOR SPECIAL. CONDITIONS; PROVIDING FOR APPROVING OF SITE PLAN
ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING 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, 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 exercise of its legislative discretion, have concluded that the Allen Land Development Code 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 and Zoning Map of the City of Allen, Texas, be amended
by granting Specific Use Permit No. 98 for Motorcycle Sales and Service, subject to special conditions for
property zoned Planned Development No. 55 being 4.769f acres described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
SECTION 2. The Specific Use Permit for motorcycle sales and service is hereby approved subject to the
following special conditions:
A. That the property shall be developed and used only in accordance with the Site Plan attached
hereto as Exhibit "B," and made part thereof for all purposes, and which are hereby approved.
B. Outdoor display of motorcycles and other merchandise shall be limited to business hours only.
SECTION 3. 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 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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. 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.
Ordinance No. 2370-1-05, Page I
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, 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.
SECTIONS. 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 25Tn DAY OF JANUARY. 2005.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, � ATTORNEY Shelley B. Georg C, CTTY SECRETARY
Ordinance No. 2370-1-05 Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A TRACT OF LAND LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543 AND THE
WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING
A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED TO DRAKE DEVELOPMENT
COMPANY IV, AS RECORDED IN INSTRUMENT NO. 97-0039198 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS AND A PORTION OF LOT 1, BLOCK B, ALLEN CENTRAL, AN ADDITION TO THE CITY
OF ALLEN, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET I, PAGE 529 OF PLAT RECORDS
OF COLLIN COUNTY, TEXAS (P.R.C.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID LOT 1 AND IN THE NORTH LINE OF LOT 1 R -B,
BLOCK A, MILLENNIUM OFFICE PARK, AN ADDITION TO THE CITY OF ALLEN, TEXAS, ACCORDING TO
THE PLAT RECORDED IN CABINET L, PAGE 250, P.R.C.C.T., FROM WHICH A 12" IRON ROD FOUND WITH
A CAP STAMPED "WIER & ASSOC. INC." BEARS N 89°38'39" E, 9.37 FEET;
THENCE S 89°38'39" W, AT 431.83 FEET PASSING A 12 -INCH IRON ROD FOUND WITH CAP STAMPED
"WIER & ASSOC., INC." AT THE MOST NORTHERLY NORTHWEST CORNER OF SAID LOT 2 AND
CONTINUING IN ALL A TOTAL DISTANCE OF 497.79 FEET TO A POINT IN THE APPROXIMATE
CENTERLINE OF A CREEK;
THENCE ALONG THE APPROXIMATE CENTERLINE OF SAID CREEK AS FOLLOWS
N 00°42'02"W, 124.61 FEET TO A POINT;
' N 21°57'37"W, 40.90 FEET TO A POINT;
N 10°00'31"E, 63.58 FEET TO A POINT;
N 38OIT42" E, AT 166.62 FEET PASSING THE SOUTH RIGHT-OF-WAY LINE OF ALLEN CENTRAL DRIVE
(80' R.O. W.), CONTINUING IN ALL A DISTANCE OF 219.47 FEET TO A POINT, BEING IN THE CENTERLINE
OF SAID ALLEN CENTRAL DRIVE;
THENCE ALONG THE CENTERLINE OF SAID ALLEN CENTRAL DRIVE AS FOLLOWS:
N 87°29VI "E, 101.47 FEET TO A POINT, BEING THE BEGINNING OF A NON -TANGENT CURVE TO THE
RIGHT;
SOUTHEASTERLY, 350.10 FEET ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1050.00 FEET,
A CENTRAL ANGLE OF 1900614" AND A CHORD BEARING S 85029'25"E, 348.48 FEET TO A POINT;
S 75-56'18" E, 1528 FEET TO A POINT;
THENCE S 14038'39" W, AT 40.00 FEET PASSING THE SOUTH RIGHT-OF-WAY LINE OF SAID ALLEN
CENTRAL DRIVE, AND CONTINUING IN ALL A DISTANCE OF 379.99 FEET TO THE PLACE OF
BEGINNING, CONTAINING 4.769 ACRES (207,720 SQUARE FEET) OF LAND.
Ordinance No. 2370-1-05, Page 3
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