O-2172-5-03ORDINANCE NO. 2172-5-03
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 "113" — RESIDENTIAL DISTRICT FOR 6.68* ACRES, IN
THE GEORGE W. FORD SURVEY, ABSTRACT NO. 328, 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 m 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 TT 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 "AO" - Agriculture -Open Space District
for 6.68* acres in the George W. Survey, Abstract No. 328, further described in Exhibit "A," to `R3"
Residential District.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 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 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. Tlus ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Chatter 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 27ra DAY OF MAY, 2003.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
2� 2
Peter G. Smith ATTORNEY Shelley B. Georg TRMC, CITY SECRETARY
Ordinance No. 2172-5-03. Page 2
E7ll]BLT "A"
FIELD NOTE DESCRIPTION
FOR
REZONING FROM "AO" TO "R-3"
BEING a 6.68± acre tract of land situated in the George W. Ford Survey, Abstract No. 328, in the City of
Allen, Collin County, Texas, and being part of a 7.50 acre tract of land as described in Deed to James Lloyd
Brazeal, filed for record in Volume 883, Page 596, of the Land Records of Collin County, Texas, and being
more particularly described as follows:
BEGINNING at the northeast corner of said 7.50 acre tract, same being in the westerly right-of-way line of Allen Heights
Drive (a variable width right-of-way at this point);
THENCE, 5.01°0342"W., 292.08' along the said westerly line of Allen Heights Drive to a point for comer,
same being the north comer of a tract of land conveyed to the City of Allen for right-of-way purposes,
recorded in Clerk's File #95-0004838, of the said Land Records;
THENCE, 5.08°51'08"W., 113.43 feet to point for comer;
THENCE, 5.89°58'11"W., 704.79 feet to a point for comer;
THENCE, N.00°56'10"E., 404.10 feet to a point for comer;
THENCE, N.89°37'10"E., 273.56 feet to a point for comer;
' THENCE, S.89°49'24"E., 447.50 feet to the Point of Beginning and containing 290,910 square feet or 6.68f
acres of land.
Ordinance No. 2172-5-03, Page 3