O-2307-7-04ORDINANCE NO. 2307-7-04
' 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 PERMANENT ZONING OF PD PLANNED DEVELOPMENT
NO. 40 FOR CC COMMERCIAL CORRIDOR DISTRICT USES AS DETAILED IN
ORDINANCE NO. 751-10-86 FOR 9.5185* ACRES, IN THE H. SEABORN & R.F.
CLEMENTS SURVEY, ABSTRACT NO. 879, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; 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 permanent zoning of PD Planned Development No. 40 for CC
Corridor Commercial uses as detailed in Ordinance No. 751-10-86, for 9.5185* acres in the H. Seaborn & RF.
Clements Survey, Abstract No. 879, City of Allen, Collin County, Texas, further described in Exhibit "A."
SECTION 2. The property shall be developed and used only in accordance with Ordinance No. 751-10-86,
as amended, and the development regulations for Tract 2, and the following development conditions:
A. Purpose. The purpose of this Planned Development District is to add annexed territory to existing
Planned Development 40 subject to the development regulations for Tract 2 in Ordinance No. 751-
10-86, as amended.
B. Base Zoning District. The property shall be used and developed in accordance with CC Corridor
Commercial District Regulations of the zoning regulations of the Allen Land Development Code,
except as otherwise provided herein.
C. Concept Site Plan. A concept plan and site plan are required to be approved by the City Council
after a public hearing and before any development may occur on the property.
' SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations of the City of Allen, as heretofore amended.
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.
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 Zoning Regulations, 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 terns 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 8. 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 131'a DAY OF JULY 2004.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter GPeter G. Smith, Shelley B. George, tRMC, CITY SECRETARY
Ordinance No. 2307-7-04 Paget
EXHIBrF"A"
LEGAL DESCRIPTION
A 9.5185 ACRE PARCEL OF LAND OUT OF THE H. SEABORN & R.F. CLEMENTS SURVEY,
ABSTRACT NO. 879, IN COLLIN COUNTY, TEXAS;
The POINT OF BEGINNING is a northeast comer of the annexation described in Ordinance No. 684-3-86,
said point being on the west line of the H. Seaborn & R.F. Clements Survey, Abstract No. 879, being on the
east line of the John W. Roberts Survey, Abstract No. 762, and being on the south line of the Right of Way
for State Highway No. 121, said point being the northeast comer of tract 8 as described in said Ordinance;
THENCE North 64044'13" East, with the south line of the Right of Way for State Highway 121, a distance
of 362.25 feet to a point on the west line of the Annexation described in Ordinance No. 684-3-86, being on
the west line of tract 10 as described in said Ordinance;
THENCE South 00057'17" East, with said annexation line, a distance of 1331.74 feet to a point being the
southwest corner of tract 10 as described in said Annexation Ordinance;
THENCE South 89028'55" West, with the south line of the 165 acre tract of land as described in said
Annexation Ordinance, a distance of 330.15 feet to a point being the southeast comer of tract 8 as described
in said Ordinance;
THENCE North 00057'17" West, with the east line of tract 8, being an east line of the Annexation as
described in Ordinance No. 684-3-86, a distance of 1180.10 feet to the POINT OF BEGINNING, and
containing 9.5185 acres of land;
Ordinance No. 2307-7-04. Page 3