O-2305-7-04ORDINANCE NO. 2305-7-04
' 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 SC SHOPPING CENTER DISTRICT
FOR 3.548± ACRES, IN THE HENRY WETZEL SURVEY, ABSTRACT NO. 1026,
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 SC Shopping Center for 3.548± acres in the
Henry Wetzel Survey, Abstract No. 1026, City of Allen, Collin County, Texas, further described in Exhibit "AP
SECTION 2. 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 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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.
I
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 13" DAY OF JULY, 2004.
APPROVED AS TO FORM:
(-;� v4n:�A
Peter G. Smith, CfTY ATTORNEY
APPROVED:
Stephen errell, MAYOR
ATTEST:
0 c a Al n
Shelley B. Geroge, C, CITY SEeRETARY
Ordinance No. 23057-04 Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
A 3.548 ACRE PARCEL OF LAND OUT OF THE HENRY WETZEL SURVEY, ABSTRACT NO. 1026,
IN COLLIN COUNTY, TEXAS;
The POINT OF BEGINNING is the most northerly northeast corner of the City of Allen Annexation as
described in City of Allen Ordinance No. 614-6-85 (Parcel 2 of Tract 4), said point being on the centerline of
Stacy Road (F.M. 2786);
THENCE North 89014'22" East, with the centerline of Stacy Road, a distance of 7.28 feet to a point;
THENCE North 89°19'56" East, with said centerline of Stacy Road, a distance of 512.28 feet to a point, said
point generally being an extension of the west line of the Right of Way for North Greenville Avenue (S.H.
05);
THENCE South 30041'00" West, with the west line of the Right of Way for Greenville Avenue, a distance of
626.33 feet to a point at the beginning of a curve to the left, having a radius of 2915.07 feet;
THENCE with said curving Right of Way through a central angle of 02042'09", an arc distance of 137.50
feet, and having a chord which bears South 29019'55" West, a distance of 137.49 feet to a point being on the
east line of said City of Allen Annexation description;
THENCE North 00013'21" West, departing said Right of Way, with said Annexation line, a distance of
435.98 feet to a point;
THENCE South 89046'39" West, continue with said Annexation line, a distance of 130.02 feet to a point;
THENCE North 00013'21" West, with said Annexation line, a distance of 216.97 feet to the POINT OF
BEGINNING, and containing 3.548 acres of land.
Ordinance No. 23057-04, Page 3