O-2850-8-09ORDINANCE NO. 2850-8-09
' 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 A CHANGE IN ZONING FROM "PD 6 (SC)" — PLANNED
DEVELOPMENT NO. 6 SHOPPING CENTER DISTRICT TO "CF" —
COMMUNITY FACILITIES DISTRICT FOR 6.962+ ACRES IN THE LEWIS
WETSEL SURVEY, ABSTRACT NO. 978, 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 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 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 from PD 6 (SC) — Planned Development No.
6 Shopping Center District to "CF" — Community Facilities for 6.962+ acres in the Lewis Wetsel Survey,
Abstract No. 978, City of Allen, Collin County, Texas.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 & 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 he 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 COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE I1 DAY OF AUGUST, 2009.
APPROVED:
Stephen errell,
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, C, CITY SEMETARY
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Ordinance No. 28504-09, Page 2
EXi111111IT "A^
A 6.962 ACRE PARCEL OF LAND OUT OF THE LEWIS WETSEL SURVEY, ABSTRACT NO. 978,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING A PART OF FOUNTAIN PARK FIRST
SECTION, AN ADDff1ON TO THE CffY OF ALLEN AS RECORDED IN VOLUME 7, PAGE 67 OF
THE DEED RECORDS OF COLLIN COUNTY, TEXAS (DRCCT), BEING PART OF A CALLED 7.0421
ACRE TRACT OF LAND AS DEEDED TO LAS BRISAS TOWNHOMES LIMITED PARTNERSHIP,
LESS TWO PARCELS FOR TXDOT ROW ON HIGHWAY NO. 5 (COUNTY CLERK FILES 96-0105238
AND 96-0066551, AS SHOWN HEREON, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
The POINT OF BEGINNING is a half inch iron set for the southwest comer of the parcel herein described,
being on the north Right of Way line for Rivercrest Boulevard, and being on the new east Right of Way line
for Highway No. 5:
THENCE N 30' 52'00" E with the west line of said 6.962 acre parcel, being the east line of Highway 5,
passing at a distance of 206.36 feet to a concrete TxDOT monument, in all a distance of 321.52 feet to a
found concrete TxDOT monument at a point of commencement of a tangent curve to the left;
THENCE with the west line of said 6.962 acre parcel, and said Right -of -Way with a curve to the left having a
radius of 2945.91 feet through a central angle of 06°20'54", an arc distance of 326.41 feet and having a chord
which bears N 27°43'58" E a distance of 326.24 feet to a half inch iron rod set at the northwest comer of said
6.962 acre parcel;
' THENCE N 89°53'00" E with the north line of said 6.962 acre parcel, being the north line of said 7.0421
acre tract, and being the south line of Walden Park Estate, an addition to the City of Allen, as recorded in
volume 8, page 54 (DRCCT), a distance of 434.04 feet to a point, being at the northeast comer of said 7.0421
acre tract, from which point a found half inch iron rod bears N 85019'52" W;
THENCE S 24°35'00" W with the east line of said 7.0421 acre tract, being the west line of a 16 foot alley a
distance of 183.98 feet to a half inch iron rod set for the point of commencement of a tangent curve to the
left;
THENCE with said common line continue along a curve to the right having a radius of 3377.85 feet, through
a central angle of 06'17'00", an are; distance of 370.43 feet and having a chord which beam S 27'43'30"
W a distance of 370.25 feet to a half inch iron rod set at the Point of Tangent of said curve;
THENCE S 30'52'00" W continue with said common line a distance of 146.81 feet to a point from which a
half inch iron rod bears N 71028'36" W a distance of 1.25 feet;
THENCE S 00'07'00" E with said common line a distance of 125.61 feet to a half inch iron rod set for the
southeast comer of said 7.0421 acre tract of land, said point being on the west line of a 16 foot alley, and
being on the north Right of Way line for Rivercrest Boulevard;
THENCE being the south line of said 7.0421 acre tract, being the north line of the Right -of -Way for
Rivercrest Boulevard along a non -tangent curve to the right having a radius of 691.58 feet, through a central
angle of 26'41'01 ", an arc distance of 322.08 feet, and having a chord which bears N 72'28'30" W a distance
of 319.18 feet to a point from which a found half inch iron rod bears S 63'09'29" W a distance of 1.05 feet;
Ordinance No. 2850.8-09, Page 3
THENCE N 14°08'00" W with said common line a distance of 14.14 feet to a point, from which a found half
inch iron rod bears S 66°20'53" W a distance of 1.02 feet;
' THENCE N 59°08'00" W with said common line a distance of 138.80 feet to the POINT OF BEGINNING,
and containing 6.962 acres of land.
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Ordinance No. 2850-8A9, Page 4