O-2249-12-03ORDINANCE NO. 2249-12-03
' 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,
BY GRANTING A CHANGE IN ZONING FROM "AO" - AGRICULTURE -OPEN
SPACE DISTRICT TO "PD -54" — SINGLE FAMILY RESIDENTIAL DISTRICT
2.555± ACRES IN THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING DEVELOPMENT
CONDITIONS; PROVIDING FOR THE APPROVAL OF THE CONCEPT PLAN
ATTACHED AS EXHIBIT `B"; 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 caning from "AO" - Agriculture -Open Space District
to Planned Development No. 54 for Single-family Residential for 2.555± acres described in Exhibit "A"
attached hereto and made a part hereof for all purposes.
SECTION 2. The property shall be developed and used only in the manner and for the purposes provided
for in the Zoning Regulations for Tract 32B of Planned Development No. 54, being Ordinance No. 1132-5-93
of the City of Allen, as heretofore amended, and the concept plan attached hereto as Exhibit `B" which is
hereby approved.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 retrain 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, firm or corporation violating any of the provisions or tears 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.
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 9TH DAY OF DECEMBER, 2003.
APPROVED AS TO FORM:
PeterCITY ATTORNEY
APPROVED:
Aaz-a)
Stephen Teffell, MAYOR
ATTEST:
%W—'LL"
Shelley B. Georg TRb C, CITY SECUTARY
Ordinance No. 2249-12-03. Page 2
EXHIBIT "A"
' PROPERTY DESCRIPTION
2.555 ACRE TRACT
OF LAND
BEING A 2.555 ACRE TRACT OF LAND SITUATED IN THE MARY STANDIFER SURVEY,
ABSTRACT NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING PART OF
A TRACT OF LAND DESCRIBED IN DEEDS TO TEXAS PARKS AND RECREATION
FOUNDATION, IN TRUST FOR THE CITY OF ALLEN, TEXAS, (HEREIN AFTER
REFERRED TO AS CITY OF ALLEN TRACT), RECORDED IN COUNTY CLERK'S FILE
NUMBER 2001-0078057 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS
(D.R.C.C.T.). THE BASIS OF BEARING BEING THE NORTH LINE OF A TRACT OF LAND
DESCRIBED IN DEED TO TWIN CREEKS GOLF, LTD., RECORDED IN COUNTY CLERK'S
FILE NUMBER 93-0073206, D.R.C.C.T. SAID 2.555 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2" INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF
SAID CITY OF ALLEN TRACT;
THENCE NORTH 00 DEGREES 00 MINUTES 25 SECONDS WEST, ALONG THE WEST
LINE OF SAID CITY OF ALLEN TRACT, A DISTANCE OF 372.74 FEET TO A 5/8 INCH
IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS' SET, SAID
CORNER BEING SOUTH 00 DEGREES 00 MINUTES 25 SECONDS WEST, A DISTANCE OF
' 936.05 FEET FROM A 1/2" INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF
SAID CITY OF ALLEN TRACT;
THENCE DEPARTING SAID WEST LINE, OVER AND ACROSS SAID CITY OF ALLEN
TRACT, ALONG A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1566.50
FEET, A DELTA ANGLE OF 32 DEGREES 31 MINUTES 36 SECONDS, A LONG CHORD
THAT BEARS SOUTH 64 DEGREES 56 MINUTES 56 SECONDS EAST, A DISTANCE OF
877.40 FEET, AN ARC DISTANCE OF 889.29 FEET TO A 5/8 INCH IRON ROD WITH
YELLOW PLASTIC CAP STAMPED "CARTER BURGESS' SET IN THE SOUTH LINE OF
SAID CITY OF ALLEN TRACT IN THE APPROXIMATE CENTER LINE OF A DIRT ROAD,
SAID POINT BEING SOUTH 89 DEGREES 54 MINUTES 41 SECONDS WEST, A DISTANCE
OF 743.57 FEET FROM A I/2" INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER
OF SAID CITY OF ALLEN TRACT;
THENCE SOUTH 89 DEGREES 54 MINUTES 41 SECONDS WEST, ALONG SAID SOUTH
LINE AND THE APPROXIMATE CENTER LINE OF A DIRT ROAD, A DISTANCE OF
794.82 FEET THE POINT OF BEGINNING, AND CONTAINING 2.555 ACRES OF LAND,
MORE OR LESS.
•�P'��• �OSFE.,F
QO0 gR..f9s
EDUARDO MARTINEZ 1�51uwm
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REGISTERED PROFESSIONAL LANDSURVEYOR MARTINEZ
TEXAS REGISTRATION N0. 5274 •r'•• '•""""""'�"'
4:.'0c 5274 .e �1
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PAGE I OF 2
Ordinance No. 2249-12-03, Page 3
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EXHIBIT `B"
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Ordinance No. 2249-12-03, Page 4
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Ordinance No. 2249-12-03, Page 4