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O-535-8-84ORDINANCE NO. 535-8-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ESTABLISH PERMANENT ZONING ON 139 ACRES OF LAND, MORE OR LESS, IN THE FOLLOWING -DESCRIBED TRACTS OF LAND, TO WIT: "LR" LOCAL RETAIL ON 7.3 ACRES OF LAND, "O" OFFICE ON 16.2 ACRES OF LAND, "MF -2" MULTI -FAMILY ON 8 ACRES OF LAND, "TH" TOWNHOUSE ON 10.9 ACRES OF LAND, "R-5" SINGLE-FAMILY RESIDENTIAL ON 46.0 ACRES OF LAND, "R-4" SINGLE-FAMILY RESIDENTIAL ON 50.7 ACRES OF LAND, OUT OF THE PETER FISHER SURVEY, ABSTRACT NO. 324, COLLIN COUNTY, TEXAS, LOCATED AT THE INTERSECTION OF F.M. 2170 AND MALONE ROAD; PROVIDING FOR A PENTALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. WHEREAS, the City Planning and Zoning Commission of the City of Allen, 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 Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following -described tracts of land the following zoning classifications, to -wit: That these areas be and the same are hereby zoned as follows: Tract 1 7.3 Acres "LR" Ordinance No. 5 3 5- R- R 4 Local Retail - Page 1 Tract 2 8.1 Acres "O" Office Tract 3 8.1 Acres "0" Office Tract 4 8.0 Acres "MF -2" Multi -Family Tract 5 10.9 Acres 11TH" Townhouse Tract 6 46.0 Acres "R-5" Single -Family Residential Tract 7 50.7 Acres "R-4" Single -Family Residential See Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed all other provisions of said ordinance shall remain in full force and effect. SECTION 3. That the above-described tracts of land shall be used be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein by granting this zoning classification. SECTION 4. That 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 Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 5. Whereas, it appears that the above-described property requires that it be given the above zoning classifications in order to permit its proper development and, in order to protect the public interest, comfort and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance, as the law in such cases provided. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 16th DAY OF August , 198. Ordinance No. 535-8-84 - Page 2 APPROVED: ATTEST: Marty Hendrix, C6ty Secretary APPROVED AS TO FORM: A. Don C owder, City Att ey Attadhment to Ordinance No. 535-8-84, adopted 8-46-84 "EXHIBIT A" DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FTFID NnTFS TRACT 1 LOCAL RETAIL ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the North line of FM 2170 (Main Street) (a 90' R.O.W.), said point being N 89°26'52" W., a distance of 70.91 feet from the point of inter- section of said North line of FM 2170 projected and the centerline of Malone Raod (a 60' R.O.W.) said centerline of Malone Road also being the East line of above- mentioned Peter Fisher Survey, a point for corner; THENCE, N 89°26'52" W., along said FM 2170 North line, a distance of 576.19 feet to a point for corner; THENCE, N 0°33'08" E., a distance of 420.0 feet to the beginning of a tangent curve to the left having a central angle of 12°24'33" and a radius of 360.0 feet, a point for corner; THENCE, around said curve, a distance of'77.97 feet to the end of said curve, a point for corner; THENCE, S 89°26'52" E., a distance of 649.24 feet to a point in the said Malone Road centerline, a point for corner; THENCE, S 0°10'10" E., along said Malone Road centerline, a distance of 447.40 feet to a point in the said FM 2170 cutback North line, a point for corner; THENCE, along said FM 2170 North line the following: S 89049'50" W., a distance of 30.0 feet to a point for corner; S 39°37'17" W., a distance of 63.91 feet to THE PLACE OF BEGINNING and containing 7.300 Acres of Land. Attachment to Ordinance No.,535-8-84, adopted 8-16-84 "EXHIBIT A" DON A TIPTON, INC. CONSULTING ENGINEERS Page 2 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FIELD NOTES TRACT 2 OFFICE DISTRICT ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of'Allen, Collin County, Texas, and being more particularly described -as follows: BEGINNING at a point in the North line of FM 2170 (Main Street) (a 90' R.O.W.), said point being N 89°26'52" W., a distance of 960.10 feet from the point of inter- section of said North line of FM 2170 projected and the centerline of Malone Road (a 60' R.O.W.), said centerline of Malone Road also being the East line of above- mentionted Peter Fisher Survey, a point for corner; THENCE, N 89°26'52" W., along said FM 2170 North line, a distance of 296.83 feet to a point for corner; THENCE, N 89°51'30" W., continuing along said FM 2170 North line, a distance of 549.17 feet to a point for corner; THENCE, N 0008'30" E., a distance of 416.34 feet to a point for corner; THENCE, S 89051'30" E., a distance of 550.66 feet to a point for corner; THENCE, S 89°26'52" E., a distance of 298.32 feet to a point for corner; THENCE, S 0033'08" W., a distance of 416.34 feet to THE PLACE OF BEGINNING and containing 8.100 Acres of Land. Attachment to Ordinance No.'5354-84, adopted 8-16-84 "EXHIBIT A" Page 3 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FTFI n NnTFC TRACT 3 OFFICE DISTRICT ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: COMMENCING at a point in the North line of FM 2170 (Main Street) (a 90' R.O.W.), said point being N 89026'52" W., a distance of 70.91 feet from the point of inter- section of said North line of FM 2170 projected and the centerline of Malone Road (a 60' R.O.W.), said centerline of Malone Road also being the East line of above- mentioned Peter Fisher Survey, a point for corner; THENCE, N 89°26'52" W., along said FM 2170 North line, a distance of 1186.02 feet to a point for corner; THENCE, N 89051'30" W., continuing along the said FM 217.0 North line, a distance of 549.17 feet to THE PLACE OF BEGINNING, a point for corner; THENCE, N 89051'30" W., continuing along said FM 2170 North line, a distance of 846.0 feet to the Southeast corner of the First Baptist Church of Allen, 4.0 Acre tract, a point for corner; THENCE, N 0°15'49" W., along the East line of said First Baptist Church of Allen 4.0 Acre Tract, a distance of 416.35 feet to a point for corner; THENCE, S 89°51'30" E., a distance of 848.95 feet to a point for corner; THENCE, S 0008'30" W., a distance of 416.34 feet to THE PLACE OF BEGINNING and containing 8.100 Acres of Land. Attachment to Ordinance No. 5354-84, adopted 8-16-84 "EXHIBIT A" Page 4 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 F T FI n NnTFq TRACT 4 MULTI -FAMILY ZONING (MF -2) BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City ,of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of Malone Road (a 60' R.O.W.), said point being N 0° 10' 10" W, a distance of 447.40 feet, along the said Malone Road center- line.from the North projected line of FM 2170 (Main Street), a point for corner; THENCE, N 89° 26' 52" W, a distance of 649.24 feet to a point on a curve to the left having a central angle of 250 35' 27", a radius of 360.0 feet, and a back tangent bearing of N 11° 51' 25" W, a point for corner; THENCE, around said curve, a distance of 160.79 feet to the end of said curve, a point for corner; THENCE, N 370 26' 52" W, a distance of 188.84 feet to the beginning of a tangent curve to the right having a central angle of 370 15' 49" and a radius of 150.0 feet, a point for corner; THENCE, around said curve, a distance of 97.56 feet to the end of said curve, a point for corner; THENCE, N 0° 11' 03" W, a distance of 114.44 feet to a point for corner; THENCE, N 890 48' 57" E, a distance of 261.03 feet to the beginning of a tangent curve to the right having a central angle of 26° 28' 26" and a radius of 225.0 feet, a point for corner; THENCE, around said curve, a distance of 103.96 feet to the end of said curve and to the beginning of a reverse tangent curve to the left -having a central angle of 26° 27' 33" and a radius of 780.0 feet, a point for corner; THENCE, around said reverse curve, a distance of 360.20 feet to the end of said curve, a point for corner; THENCE, N 89° 49' 50" E, a distance of 151.45 feet to a point in the said Malone Road centerline, a point for corner; THENCE, S 00 10' 10" E, along said Malone Road centerline, a distance of 403.60 feet to the PLACE OF BEGINNING and containing 8.000 acres of land. 11 Attachment to Ordinance No. 535-$-84, adopted 8-16-84 "EXHIBIT A" Page 5 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 F T FI n NOTFC TRACT 5 TOWN HOUSE RESIDENTIAL ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the North line of FM 2170 (Main Street) (a 90' R.O.W.), said point being N 89° 26' 52" W, a distance of 647.10 feet from the point of interesection of said North line of FM 2170 projected and the centerline of Malone Road (a.60' R.O.W.), said -centerline of Malone Road also being the East line of abovementioned Peter Fisher Survey, a point for corner; THENCE, N 89° 26' 52" W, along said FM 2170 North line, a distance of 313.0 feet to a point for corner; THENCE, N 0° 33' 08" E, a distance of 420 feet to a point for corner; THENCE, S 89° 26' 52" E, a distance of 34.45 feet to the beginning of a curve to the left having a central angle of 38° 00', a radius of 81.45 feet, and a back tangent bearing of N 0° 33' 08" E, -a point for corner; THENCt, around said curve,a distance of 54.02 feet to the end of said curve, a point for corner; THENCE, N 370 26' 52" W, -a distance of 188.84 feet to the beginning of a tangent curve to the right having a central angle of 37° 15' 49" and a radius of 428.55 feet, a- point for corner; THENCE, around said curve, a distance of 278.72 feet to the end of said curve a point for corner; THENCE, N 00 11' 03�' W, -a distance of 202.44 feet to the beginning of a tangent curve to the 'right having a central angle of 90° 00' and a radius of 56.0 feet, a point for corner; THENCE, around said curve, a distance of 87.96 feet to the end of said curve, a point for corner; THENCE, N 890 48' 57" E, a distance of 483.58 feet to the beginning of a tangent curve to the right having a central angle of 26° 28' 26" and a radius of 369.0 feet, a point for corner; t Attachment to Ordinance No. 535-8-84, adopted 8-16-84 "EXHIBIT A" TRACT 5 1729 Page Two Page 6 THENCE, around said curve, a distance of 170.50 feet to the end of said curve, and to the beginning of a reverse tangent curve to the left having a central angle of 260 27' 33" and a radius of 636.00 feet, a point for corner; THENCE, around said curve, a distance of 293.70 feet to a point for corner; THENCE, N 89° 49' 50" E, a distance of 151.45 feet to a point in the said Malone Road centerline, a point for corner; THENCE, S 0° 10' 10" E, along said Malone Road centerline, a distance of 144.0 feet to a point for corner; THENCE, S 89° 49' 50" W, a distance of 151.45 feet to the beginning of a tangent curve to the right having a central angle of 26° 27' 33" and a radius of 780.0 feet, a point for corner; THENCE, around said curve to the right, a distance of 360.20 feet to the end of said curve and to the beginning of a reverse tangent curve to the left having a central angle of 26° 28' 26" and a radius of 225.0 feet, a point for corner; THENCE, around said curve, a distance of 103.96 feet to the end of said curve, a point for corner; THENCE, S 890 48' 57" W, a distance of 261.03 feet to a point for corner; THENCE, S 0° 11' 03" E, a distance of 114.44 feet to the beginning of a tangent curve to the left having a central angle of 37° 15' 49" and a radius of 150.0 feet, a point for corner; THENCE, around said curve, a distance of 97.56 feet to the end of said curve, a point for corner; THENCE, S 37° 26' 52" E, a distance of 188.84 feet to the beginning of a tangent curve to the right, having a central angle of 38° 00' and a radius of 360.0 feet, a point for corner; THENCE, around said curve, a distance of 238.76 feet to the end of said curve, a point for corner; THENCE, S 0. 33' 08" W, a distance of 420.0 feet to the PLACE OF BEGINNING and containing 10.900 acres of land. Attachment to Ordinance No. 535-8-84, adopted 8-16-84 "EXHIBIT A" Page 7 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FT Ft n NOTFC TRACT 6 SINGLE FAMILY RESIDENTIAL ZONING (R-5) BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of Malone Road (a 60' R.O.W.), said point being N 0° 10' 10" W, a distance of 1044.32 feet, along the said Malone Road centerline, from the projected North line of FM 2170 (Main Street), a point for corner; THENCE, S 890 49` 50" W, a distance of 151,45 feet to the beginning of a tangent curve to the right having a central angle of 26° 27' 33" and a radius of 636.00 feet, -a point for corner; THENCE, -around said curve, a distance of 293.70 feet to the end of said curve and to the beginning of a reverse tangent curve to the left having a central angle of 260 28' 26" and a radius of 369.00 feet, a point for corner; THENCE, around said reverse curve, a distance of 170.50 feet to the end of said curve, a point for corner; THENCE, S 890 48' 57" W, a distance of 483.58 feet to the beginning of a tangent curve to the left having a central angle of 90° 00' and a radius of 56.0 feet, a point for corner; THENCE, around said curve, a distance of 87.96 feet to the end of said curve, a point for corner; THENCE, S 0° 11' 03" E, a distance of 258.44 feet to the beginning of a tangent curve to the left having a central angle of 37° 15' 49" and a radius of 428.55 feet, a point for corner; THENCE, -around said curve,a distance of 278.72 feet to the end of said curve, a point for corner; THENCE, -S 37° 26' 52" E, a distance of 188.84 feet to the beginning of a tangent curve to the right having a central angle of 38° 00' and a radius of 81.45 feet, a point for corner; THENCE, around said curve, a distance of 54.02 feet to the end of said curve, a point for corner; THENCE, N 89`26' 52" W, a distance of 34.45 feet to a point for corner; THENCE, S 0° 33' 08" W, a distance of'3.66 feet to a point for corner; Attachment to Ordinance No. 535-8-84, adopted 8-k6-84 "EXHIBIT A" 1729 PAGE TWO TRACT 6 THENCE, N 89° 26' 52" W, a distance of 298.32 feet to a point for corner; Page 8 THENCE, N 890 51' 30" W, a distance of 1399.61 feet to a point on the Easterly line of the First Baptist Church of Allen 4.0 acre tract, a point for corner; THENCE, N 00 15' 49" W, along the said First Baptist Church of Allen 4.0 acre tract Easterly line, a distance of 456.76 feet to the Southeast corner of Timber Bend - First Increment, a point for corner; THENCE, N 00 10' 07" W, along the Easterly line of said Timber Bend -First Increment, a distance of 137.24 feet to a point for corner; THENCE, S 89° 51' 30" E, a distance of 914.84 feet to a point for corner; THENCE, N 00 11' 03" W, a distance of 65.20 feet to the beginning of a tangent curve to the right having a central angle of 900 00' and a radius of 655.70 feet, a point for corner; THENCE, around said curve, a distance of 1029.97 feet to the end of said curve, a point for corner; THENCE, N 890 48' 57" E, a distance of 89.67 feet to a point for corner; THENCE, S 0° 01' 07" W, a distance of 0.29 feet to a point for corner; THENCE, N 89° 48' 57" E, a distance of 993.40 feet to a point in the said Malone Road centerline, -a point for corner; THENCE, -S 0° 10' 10" E, along said Malone Road centerline, a distance of 704.84 feet to the PLACE OF BEGINNING and containing 46.048 acres of land. Attachment to Ordinance No. 535-8-84, adopted 8-16-84 "EXHIBIT A" Page 9 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FIELD NOTES TRACT 7 SINGLE FAMILY RESIDENTIAL ZONING (R-4) BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County,Texas, and being more particularly described as follows: COMMENCING at a point in the centerline of Malone Road (a 60' R.O.W.), said point being N 00 10' 10" W, a distance of 1749.16 feet, along said Malone Road center- line, from the projected North line of FM 2170 (Main Street), a point for corner; THENCE, S 89° 48' 57" W, a distance of 993.40 feet to a point for corner; THENCE, N 00 01' 07" E, a distance of 0.29 feet to the PLACE OF BEGINNING, a point for corner; THENCE, S 89° 48' 57" W, a distance of 89.67 feet to the begining of a curve to the left having a central angle of 90' 00' and a radius of 655.70 feet, a point for corner; THENCE, around said curve, a distance of 1029.97 feet to the end of said curve, a point for corner; THENCE, S 00 11' 03" E, a distance of 65.20 feet to a point for corner; THENCE, N 890 51' 30"W, a distance of 914.84 feet to a point on the East line of Timber Bend - First Increment, a point for corner; THENCE, N 0° 10' 07" W, along said Timber Bend - First Increment East line, a distance of 1592.76 feet to the Southwest corner of Country Meadow - Phase One, a point for corner; THENCE, N 89° 44' 02" E, along the Country Meadow - Phase One South line, a distance of 1662.88 feet to a point for corner; THENCE, S 00 O1' 07" W, a distance of 879.45 feet to the PLACE OF BEGINNING and containing 50.700 acres of land.