O-2381-3-05100 QI.naUI W111111041.15yb
' 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. 72 BY GRANTING A CHANGE IN
ZONING FOR TRACT A2, FROM "CC" CORRIDOR COMMERCIAL TO "LR"
LOCAL RETAIL; BEING 7.173± ACRES IN THE JOHN PHILLIPS SURVEY,
ABSTRACT NO. 718, AND THE J. W. PARSONS SURVEY, ABSTRACT NO. 705,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A
CONCEPT PLAN EXHIBIT `B"; 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 ($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 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, 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 for Tract A2 of Planned Development No. 72,
consisting of 7.173± and being further described in Exhibit "A" attached hereto and made a part hereof for all
purposes, from "CC" Corridor Commercial to "LR" Local Retail.
SECTION 2. The property shall be developed and used only in the manner and for the purposes provided
for in Planned Development No. 72, as heretofore amended, and as amended herein, and the Concept Plan
attached hereto as Exhibit "B" and which is hereby approved.
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the same are hereby, repealed; provided, however, Planned Development No. 72, as heretofore amended, and as
amended herein, and 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.
Ordinance No. 2381-3-05 Page 4
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.
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 COUNCH. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8"m DAY OF MARCH, 2005.
APPROVED:
StepheniTerrell, MAYOR
APPROVED AS TO FORM: ATTEST:
' Peter G. Smith, VITY ATTORNEY Shelley B. George, tSkMC, CITY SECAETARY
Ordinance No. 2381-3-05, Page 2
EXHIBIT "A"
' LEGAL DESCRIPTION
7.173 ACRES OUT OF
J.W. PARSON SURVEY, ABSTRACT NO. 705, &
JOHN PHILLIPS SURVEY, ABSTRACT NO. 718
BEING A 7.173 ACRE TRACT OF LAND SITUATED 1N THE JOHN PHILLIPS SURVEY, ABSTARCT
NO. 718, AND THE 1. W. PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND APORTION OF A 53.826 ACRE TRACT OF LAND CONVEYED TO
JOHNSON CENTRE, LTD., ACCORDING TO DEED FILED FOR RECORD IN VOLUME 4505, PAGE
2457, OF THE COLLIN COUNTY LAND RECORDS, AND BEING A PORTION OF A 8.4491 ACRE
TRACT OF LAND CONVEYED TO J014NSON CENTRE, LTD., ACCORDING TO DEED FILED FOR
RECORD IN VOLUME 5743, PAGE 2672, OF THE SAID COLLIN COUNTY LAND RECORDS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY R.O.W. LINE OF ALMA DRIVE
(A 140 -FOOT WIDE R.O.W. AT THIS POINT) WITH THE CURRENT NORTH LINE OF RIDGEVIEW
DRIVE, SAID NORTH R.O.W. LINE BEING THE FUTURE CENTERLINE OF RIDGEVIEW DRIVE,
AND SAME BEING THE SOUTHEASTERLY LINE OF THE SAID 8.4491 ACRE TRACT;
THENCE, ALONG THE SAID NORTHEASTERLY R.O.W LINE OF ALMA DRIVE AS FOLLOWS:
N.26-13'51 -W., 291.48 FEET;
N.27°52'01 "W, 350.14 FEET;
'N,2601 1'51"W,, 16.71 FEET TO THE INTERSECTION OF THE SOUTHERLY LINE
OF A FUTURE STREET R.O.W.;
THENCE, ALONG THE SOUTHERLY LINE OF SAID FUTURE STREET R.O.W. AS FOLLOWS;
ALONG A CURVE TO THE LEFT AN ARC LENGTH OF 106.14 FEET, SAID CURVE
HAVING A CHORD BEARING N.59044'2I"E., A CHORD LENGTH OF 106.01 FEET, A
CENTRAL ANGLE OF 9030'07", AND A RADIUS OF 640.00 FEET;
ALONG A REVERSE CURVE TO THE RIGHT AN ARC LENGTH OF 47.83 FEET, SAID
CURVE HAVING A CHORD BEARING OF N.56042'1 3-E., A CHORD LENGTH OF
47.82 FEET, A CENTRAL ANGLE OF 4053'38", AND A RADIUS OF 560.00 FEET;
N.59044'21"E., 97.02 FEET;
N.6304609"E, 220.12 FEET;
THENCE, 5.26013'51 "E., 688.27 FEET TO A POINT IN THE CURRENT NORTH LINE OF RIDGEVIEW
DRIVE;
THENCE,ALONG SAID CURRENT NORTH LINE OF RIDGEVIEW DRIVE TO THE POINT OF
BEGINNING AS FOLLOWS:
5.68036'43"W., 54.63 FEET TO THE BEGINNING OF A CURVE TO THE LEFT
HAVING A CHORD BEARING OF 5.66009'58"W, A CHORD LENGTH OF
10 1. 13 FEET, A CENTRAL ANGLE OF 4053'28", AND A RADIUS OF 1185.00
FEET;
ALONG SAID CURVE AN ARC LENGTH OF 10 1. 16 FEET;
5.63043'14"W., 304.52 FEET;
IN ALL CONTAINING 312,468 SQUARE FEET OR 7.173 ACRES OF LAND.
Ordinance No. 2381-3-05, Page 3
II