O-2171-5-03ORDINANCE NO. 2171-5-03
' 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 FOR TRACT 4 OF PLANNED
DEVELOPMENT NO. 53, ORDINANCE NO. 790-5-87, AS AMENDED, FOR 11.695±
ACRES OUT OF THE MARY STANDIFER SURVEY, ABSTRACT NO. 812 FROM
"PD 53 -MF" AS BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO FROM PLANNED DEVELOPMENT NO. 53 FOR MULTI -FAMILY
RESIDENTIAL DISTRICT USES TO PLANNED DEVELOPMENT NO. 53 FOR CF -
COMMUNITY FACILITIES DISTRICT; PROVIDING FOR A REPEALING
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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, the City Council has concluded that
' Allen Land Development Code Ordinance Zoning Regulations and Zoning Map of the City of Allen, Texas,
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, be amended by granting a change in zoning for Tract 4 of Planned
Development No. 53, Ordinance No. 790-5-87, as amended, for 11.695± acres of land out of the Mary
Standifa Survey, Abstract No. 812, and being further described in Exhibit "A" attached hereto and made a
part hereof for all purposes, from Planned Development No. 53 for Multi -Family Residential Dishier Uses to
Planned Development No. 53 for Community Facilities District Uses.
SECTION 2. Tract 4 of Planned Development No. 53 as heretofore amended shall be subject to the
following conditions:
Base Zoning District. Tract 4 shall be developed and used only in accordance with the "CF" -
Community Facilities Zoning District Regulations.
SECTION 3. 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, Texas, as heretofore amended, and as amended herein.
SECTION 4. 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 5. Planned Development No. 53, Ordinance No. 790-5-87, as previously amended, and as
amended by Ordinance Nos. 1171-5-93 and 1582-12-97, shall continue in full force and effect, except as
amended herein.
SECTION 6. 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 7. 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, to effect when the offense was committed
and the former law is continued m effect for this purpose.
SECTION 8. 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 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) fm each offense, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 9. This ordinance shall take effect immediately from and after its passage and publication 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 27ra DAY OF MAY, 2003.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smit CITY ATTORNEY She ey B. Georg C, CITY SECRETARY
Ordinance No. 2171-5-03, Page 2
EXHIBIT "A"
' LEGAL DESCRIPTION
TRACT 4.1
BEING a 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 conveyed to Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter -Day Saints as recorded in Volume 2000-0114327, of the Deed Records of Collin
County, Texas, and being more particularly described as follows:
BEGINNING at a steel fence post at the southwest corner of Kerr Elementary School, an addition to the City
of Allen, Texas, as recorded in Cabinet M, Page 52, of the Plat Records of Collin County, Texas, also being in
the east line of Glendover Park, Phase V, an addition to the City of Allen, Texas, as recorded in Cabinet L,
Page 188, of the Plat Records of Collin County, Texas and being the northwest comer of the aforementioned
11.695 acre tract
THENCE S89003'01"E, with the south line of Kerr Elementary School, a distance of 391.19 feet to a point
for comer;
THENCE S00057'00"W, a distance of 775.91 feet to a point for corner in the north line of Exchange Parkway
(a variable width R.O. W.);
THENCE N89003'00"W, with the north line of Exchange Parkway, a distance of 380.00 feet to a %' capped
iron rod set for comer;
' THENCE N00057'007E, with the east line of Glendover Park, Phase V, a distance of 28.91 feet to a VT von
rod found for comer;
THENCE N14°50'00"E, with the east line of Glendover Park, Phase V, a distance of 260.26 feet to a %i'
capped iron found for corner;
THENCE N0703 1'22'V, with the east line of Glendover Park, Phase V, a distance of 499.80 feet to the
POINT OF BEGINNING and CONTAINING 6.297 acres of land.
Ordinance No. 2171-503, Page 3
LEGAL DESCRIPTION
TRACT 4.2
' BEING a tract of land situated in the Mary Standifa Survey, Abstract No. 812, City of Allen, Collin County,
Texas, and being part of a tract of land conveyed to Corporation of the Presiding Bishop of the Church of
Jesus Christ of Latter -Day Saints as recorded in Volume 2000-0114327, of the Deed Records of Collin
County, Texas, and being more particularly described as follows:
COMMENCING at a steel fence post at the southwest corner of Kerr Elementary School, an addition to the
City of Allen, Texas, as recorded in Cabinet M, Page 52, of the Plat Records of Collin County, Texas, also
being in the east line of Glendover Park, Phase V, an addition to the City of Allen, Texas, as recorded in
Cabinet L, Page 188, of the Plat Records of Collin County, Texas and being the northwest comer of the
aforementioned 11.695 acre tract;
THENCE S89°03'01"E, with the south line of Kerr Elementary School, a distance of 391.19 feet to a the
POINT OF BEGINNING;
THENCE S89°03'01" E, with the south line of Ken Elementary School, a distance of 301.51 feet to %d'
capped iron rod found for comer in the west line of a 16' alley;
THENCE S00°20' 15"W, with the west line of said alley, a distance of 158.35 feet to a %d' capped iron rod set
for corner;
THENCE S00057'00'W, a distance of 617.58 feet to a W' capped iron rod set for comer in the north line of
Exchange Parkway (a variable width R.O.W.);
' THENCE N89°03'00"W, with the north line of Exchange Parkway, a distance of 303.20 feet to a point for
comer;
THENCE N00057'00'B, a distance of 775.91 feet to the POINT OF BEGINNING and CONTAINING 5.398
acres of land.
Ordinance No. 2171-503, Page 4