O-2238-11-03ORDINANCE NO. 2238-11-03
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, TO
GRANT A CHANGE OF ZONING BY AMENDING AREA NO. 3 OF PLANNED
DEVELOPMENT NO. 3, ORDINANCE NO. 368.10.81, BY AMENDING THE
PERMITTED USES FOR 5.4675± ACRES OF LAND IN THE WILLIAM PERRIN
SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS
EXHIBIT "B"; 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, 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 revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIN 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, as amended, be and the same is hereby amended by granting a change in zoning by
amending Area No. 3 of Planned Development No. 3, Ordinance No. 368-10-81, as heretofore amended by
amending the permitted Shopping Center uses for 5.4675± acres of land in the William Perrin Survey, Abstract
No. 708, City of Allen, Collin County, Texas and being further described in Exhibit "A" attached hereto, to add
the additional use of "Hotel,' with a maximum height limitation of eighty (80) feet and/or six (6) stories for the
hotel.
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, 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 Zoning Regulations, 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 Zoning Regulations, 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, fum 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.
1
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 25TH DAY OF NOVEMBER 2003.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
eter G. Smith, CAY ATTORNEY Shelley B. George, C, CITY sVcRETARY
Ordinance No. 2238-11-03, Page 2
EMT "A"
LEGAL DESCRIPTION
' Tract I:
SITUATED in the State of Texas, County of Collin and City of Allen, being part of the William
Perrin Survey, Abstract No. 708 being the resurvey of a 4.3087 acre out of a 46.506 acre tract recorded in
Volume 1840, Page 99 in the Collin County Land Records with said premises being more particularly
described as follows:
BEGINNING at a Yi -inch Iron rod found marking the northwest comer of said premises and the
southwest comer of a 1.1588 acre Tract D as recorded in Volume 4498, Page 2532 of the Collin County Land
Records, said 1.1588 acre pact also being Lot K -A of Allen Business Centre D, an addition to the City of
Allen recorded in Cabinet F, Page 724 of the Collin County Map Records, said beginning comer also being
in the east line of Tract CR of the Replat of Allen Business Centre Tract CR & JR as recorded in Cabinet I,
Page 733 of the Collin County Map Records;
THENCE with the northeast line of said premises and the southwest line of said 1.1588 acre tract,
South 59025'00" East, 252.39 feet to a %,-inch iron rod set marking the northeast comer of said premises, the
southeast comer of said 1.1588 acre tract, the southwest comer of Tract M of Allen Business Centre and the
northwest comer of a 6.0094 acre tract recorded under County Clerk No. 96-51225 of the Collin County
Land Records;
THENCE with the easterly line of said premises, the westerly line of said 6.0094 acre tract, South
30°35'00" West, 843.06 feet to a Brittain & Crawford capped iron rod found in the northeast right-of-way
line of Bethany Road (120' R.O.W.) marking the southeast comer of the herein described premises and the
southwest comer of said 6.0094 acre tract;
THENCE with the northeast right-of-way line of Bethany Road and the southwest line of said
' premises, North 21°11'00" West, 321.31 feet to a''/z-inch iron road set marking southwest comer of said
premises and the southeast comer of Tract A2 of the Replat of Allen Business Centre Tract Al as recorded in
Cabinet J, Page 771 of the Collin County Map Records;
THENCE with the westerly line of said premises and the easterly line of said Tract A2, North
30°35'00" East, 644.21 feet to the point of beginning and containing 187,685 square feet or 4.3087 acres of
land.
Ordinance No. 2238-11-03, Page 3
Tract II:
SITUATED in the State of Texas, County of Collin and City of Allen, being part of the William
'
Perrin Survey, Abstract No. 708, being the resurvey of a 1.1588 acre Tract II recorded in Volume 4498, Page
2532 in the Collin County Land Records, said 1.1588 acre tract also being Tract K -A of Allen Business
Centre B as recorded in Cabinet F, Page 724 of the Collin County Map Records with said premises being
more particularly described as follows:
BEGINNING at a '/z -inch iron and found marking the southwest comer of said 1.1588 acre Tract II,
the northwest comer of a 4.3087 acre out of a 46.506 acre tract recorded in Volume 1840, Page 99 of the
Collin County Land Records, said beginning corner also being in the east line of Tract CR of the Replat of
Allen Business Centre Tract CR & JR as recorded in Cabinet I, Page 733 of the Collin County Map Records;
THENCE with the westerly line of said 1.1588 acre Tract II, the easterly line of Tract CR, North
30°35'00" East, 200.00 feet to a Y, -inch iron rod found marking the northwest comer of Tract K -A, the
southwest comer of Tract K of Allen Business Centre recorded in Cabinet E, Page 142 of the Collin County
Map Records, the northeast comer of Tract CR and the southeast comer of the aforementioned Tract JR;
THENCE with the northeast line of Tract K -A and the southwest line of Tract K, South 59025'00"
East, 252.39 feet to a Y, -inch iron rod found marking the northeast comer of Tract K -A, the southeast comer
of Track K, the southwest comer of Tract L of Allen Business Centre and the northwest comer of Tract M of
Allen Business Centre II;
THENCE with the easterly line of Tract K -A and the westerly line of Tract M, South 30135'00"
West, 200.00 feet to a''/z-inch iron rod set marking the southeast comer of Tract K -A, the southwest comer of
Tract M, the northwest comer of a 6.0094 acre out recorded under County Clak No. 96-51225 of the Collin
County Land Records, and the northeast comer of said 4.3087 acre tract;
THENCE with the southwesterly line of Tract K -A and the northeasterly line of said 4.3087 acre
tract, North 59025'00" West, 252.39 feet to the point of beginning and containing 50.478 square feet or
1.1588 acres or land.
Ordinance No. 2238-11-03, Page 4
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Ordinance No. 2238-11-03, Page 5