O-2820-4-09ORDINANCE NO. 2820-4-09
' 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
AMENDING (PD) PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-
93, AND SUBSEQUENT AMENDMENTS TO SAID PD -54, AS HERETOFORE
AMENDED, TO REZONE A 2.8t ACRE PORTION OF TRACT 30 LOCATED IN
THE MICHAEL SEE SURVEY, ABSTRACT NO. 544, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, FROM "CF/SF" COMMUNITY FACILITIES/SINGLE FAMILY
TO "R-5" SINGLE FAMILY RESIDENTIAI. AND AMENDING THE FRONT YARD
AND SIDE YARD SETBACKS IN SAID 2.83 ACRE TRACT; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABH.ITY 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 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,
Texas, as previously amended by Ordinance No. 1172-5-93 establishing Planned Development No. 54 ("PD -
54"), and by subsequent ordinances further amending PD -54, is hereby further amended by amending the
development and use regulations of a 2.8t acre tract of land out of Tract 30 in PD -54 located in the Michael See
Survey, Abstract No. 544, Collin County, Allen, Texas (said tract being more particularly described in Exhibit
"A," attached hereto and incorporated herein for all purpose and referred to hereafter as "the Property"), as
follows:
A. The Property shall be used and developed in accordance with standards and regulations
applicable to an "R-5" Single Family Residential District, except as set forth in B. and C.,
below;
B. The Property shall be developed with a setback (front yard) of not less than 10 feet; and
C. The Property shall be developed with a setback (side yard) of not less than 6 feet.
D. Minimum dwelling size is 1,900 square feet.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
' Land Development Code 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, 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, 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 Ordinance No. 1845-6-00 of the City of Allen, 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 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 28m DAY OF APRIL, 2009.
APPROVED:
Step n Ter -M, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CIFIT ATTORNEY Shelley B. GeorV, CITY sEcREIPARY
Ordinance No. 2820-4-09
EXHIBIT "A"
LOTS RELATING TO SETBACK CHANGE
' A tract or parcel of land situated in the Michael See Survey, Abstract 544, and in the Henry Brandenburg
Survey, Abstract 110 in the City of Allen, Collin County, Texas, being part of the called 196.965 acres tract
described in the deed to Briar Ridge Investments, Inc. recorded in Instrument No. 92-0019155 in the Collin
County Deed Records (CCDR), and being more particularly described as follows:
BEGINNING at a found 1/2 inch iron rod with C&P cap at the southwest comer of Lot 1 Block E of
Waterford Parks, Phase 4, an addition to the City of Allen recorded in Instrument No. 20060203010000330
in the Collin County Plat Records;
THENCE Easterly along the south side of said Block E the following:
THENCE North 89030'43" East, 215.56 feet;
THENCE North 89°34'18" East, 275.27 feet;
THENCE North 89°09'08" East, 422.83 feet;
THENCE North 89029'32" East, 96.66 feet;
THENCE Southerly an arc distance of 10 1. 19 feet along a non -tangent curve to the left with a radius of
480.00 feet, a central angle of 12°04'45", and the chord bears South 06047'05" East 10 1.0 1 feet;
' THENCE South 37°53'10" West, 18.63 feet;
THENCE South 89029'32" West, 95.89 feet;
1
THENCE South 89009'08" West, 422.91 feet;
THENCE South 89034'18" West, 161.76 feet;
THENCE Westerly an arc distance of 199.41 feet along a tangent curve to the left with a radius of 1030.00
feet, a central angle of I1°05'33", and the chord bears South 84001'32" West 199.10 feet;
THENCE South 78028'45" West, 119.23 feet;
THENCE North 5103718" West, 19.32 feet;
THENCE Northerly an arc distance of 21.21 feet along a non -tangent curve to the right with a radius of
955.00 feet, a central angle of 01 016'21 ", and the chord bears North 00°38'10" West 21.21 feet;
THENCE North 00000'00" East, 123.65 feet to the POINT OF BEGINNING and CONTAINING 122,082
square feet or 2.8026 acres of land, more or less.
Ordinance No. 2820409