O-2159-4-03ORDINANCE NO. 2159-403
' 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 "LR" —LOCAL RETAIL DISTRICT FOR TRACT 1 AND
TRACT 2 (11.4681 ACRES), "R5" - SINGLE-FAMILY RESIDENTIAL DISTRICT
FOR TRACT 3, TRACT 5, AND TRACT 6 (33.0161 ACRES), AND "R4" — SINGLE
FAMILY RESIDENTIAL. DISTRICT FOR TRACT 4 (4.78± ACRES), FOR 49.2641
ACRES IN THE W. FISHER SURVEY, ABSTRACT NO. 323, AND THE J. MILLER
SURVEY, ABSTRACT NO. 609, 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 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, 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 "AO" - Agriculture -Open
Space District for 49.264± acres in the W. Fisher Survey, Abstract No. 323, and the J. Miller Survey,
Abstract No. 609, City of Allen, Collin County, Texas, as follows:
Tracts 1 and 2 "LR" — Local Retail on 11.468± acres;
Tracts 3. 5. and 6 "R5" -Single-family Residential on 33.0161 acres;
Tract 4. "R4" — Single-family Residential on 4.78± acres;
and all tracts being further described in Exhibit "A" attached hereto.
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 prim 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 m 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. 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 22" DAY OF APRIL, 2003.
APPROVED:
I
APPROVED AS TO FORM:
/ 4 q�
Peter G. Smith, C ATTORNEY
Stephell, MAYOR
ATTEST:
Sl u 1 �.+�-U� —
Shelley B. George, TRMC, CITY SECRETARY
Ordinance No. 2159-4-03, Page 2
EXHIBIT "A"
' Overall Legal Description:
FIELD NOTE DESCRIPTION
49.050 ACRE TRACT
BEING a tract of land situated in the Wrtsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being the same land described in a deed to John L. Cole, Trustee
as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest comer of said Cole Tract;
THENCE a curve to the right having a radius of 880.00 feet and a
length of 101.78 feet with a chord bearing of North 4030'42" West;
THENCE North l°11'54" West a distance of 777.39 feet;
THENCE East a distance of 1777.60 feet;
THENCE South 8904944" East a distance of 843.20 feet;
THENCE South 0052133" East a distance of 469.01 feet;
THENCE South 8900'00" West a distance of 329.87 feet;
THENCE South 1015'00" East a distance of 375.39 feet;
THENCE South 89°20'41" West a distance of 2282.22 feet;
to the POINT OF BEGINNING;
CONTAINING 2136606.765 square feet or
49.050 Acres, more or less.
Ordinance No. 21594-03 Page 3
TRACT 1 (LR Local Retail — 7.999 acres)
FIELD NOTE DESCRIPTION
TRACT
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
COMMENCING at a point in the East R.O.W. line of Malone Road (FM[ 2551), said point being the
southwest corner of said Cole Tract;
THENCE a curve to the right having a radius of 880.00 feet and a length of 101.78 feet
with a chord bearing of North 4030'42" West;
THENCE North 10 11'54" West a distance of 777.39 feet to the POINT OF BEGINNING;
THENCE East a distance of 702.85 feet;
THENCE South a distance of 626.97 feet;
THENCE North 66035'08" West a distance of 210.48 feet;
THENCE a curve to the left having a radius of 1095.00 feet and a
length of 129.65 feet with a chord bearing of North 69058138" West;
THENCE North 73030'10" West a distance of 150.90 feet;
' THENCE a curve to the left having a radius of 1105.00 feet and a
length of 180.01 feet with a chord bearing of North 85053'05" West;
THENCE South 89026154" West a distance of 14.79 feet;
THENCE North 4600'00" West a distance of 42.38 feet;
THENCE North 1011'54" West a distance of 195.28 feet;
THENCE North 500'34" West a distance of 150.46 feet;
THENCE North 1011'54" West a distance of 68.81 feet;
to the POINT OF BEGINNING;
CONTAINING 348449.605 square feet OR
7.999 Acres, more or less.
Ordinance No. 2159-4-03. Page 4
TRACT 2 (LR Local Retail - 2.17 acres))
FIELD NOTE DESCRIPTION
' TRACT
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page I of the Deed Records of Collin County, Texas and being more
particularly described as follows:
COMMENCING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest comer of said Cole Tract ;
THENCE North 89°20'41" East a distance of 6.23 feet;
THENCE North 2024'16" West a distance of 70.04 feet to the POINT OF BEGINNING;
THENCE North 1°21'34" West a distance of 225.28 feet;
THENCE North 44°1'19" East a distance of 41.75 feet;
THENCE North 89026'54" East a distance of 13.77 feet;
THENCE a curve to the right having a radius of 995.00 feet and a
length of 180.01 feet with a chord bearing of South 85022'08" East;
THENCE South 79°44'10" East a distance of 149.45 feet;
THENCE a curve to the right having a radius of 1005.00 feet and
' a length of 88.56 feet with a chord bearing of South 6906'36" East;
THENCE South 66035'08" East a distance of 158.41 feet;
THENCE South 30°33'59" West a distance of 68.62 feet;
THENCE North 64045'09" West a distance of 204.42 feet;
THENCE North 79°19'18" West a distance of 50.29 feet;
THENCE South a distance of 81.87 feet;
THENCE South 3304224" West a distance of 87.30 feet;
I
THENCE South 89026'54" West a distance of 274.12 feet;
to the POINT OF BEGINNING;
CONTAINING 94538.576 square feet or
2.170 Acres, more or less.
Ordinance No. 2159-4-03, Page 5
TRACT 3 (R5 Residential – 22.40 acres)
FIELD NOTE DESCRIPTION
' TRACT 3 —�
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being o portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collm County, Texas and being more
particularly described as follows :
COMMENCING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest corner of said Cole Tract ;
THENCE a curve to the right having a radius of 880.00 feet and a length of 101.78 feet
with a chord bearing of North 4°30'42" West;
THENCE North 1°11'54" West a distance of 777.39 feet;
THENCE East a distance of 702.85 feet to the POINT OF BEGINNING;
THENCE East a distance of 930.08 feet;
THENCE South 0°10'16" West a distance of 144.57 feet;
THENCE South 8904944" East a distance of 766.23 feet;
THENCE South 0°10'16" West a distance of 328.64 feet;
THENCE South 8900'00" West a distance of 99.62 feet;
THENCE South 1016'28" East a distance of 43.87 feet;
' THENCE a curve to the left having a radius of 1095.00 feet and a
length of 340.58 feet with a chord bearing of South 79°51'49" West;
THENCE South 70057'12" West a distance of 219.63 feet;
THENCE a curve to the right having a radius of 1005.00 feet and
a length of 322.60 feet with a chord bearing of South 8008'56" West;
THENCE South 89°20'41" West a distance of 324.07 feet;
THENCE a curve to the right having a radius of 1005.00 feet and
a length of 422.20 feet with a chord bearing of North 78037'13" West;
THENCE North 66035108" West a distance of 3.67 feet;
THENCE North a distance of 626.97 feet;
to the POINT OF BEGINNING;
CONTAINING 975912.273 square feet or
22.404 Acres, more or less.
Ordinance No. 21594-03 Page 6
TRACT 4 (R4 Residential 4.78 acres)
FIELD NOTE DESCRIPTION
' TRACT4
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
COMMENCING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest corner of said Cole Tract ;
THENCE a curve to the right having a radius of 880.00 feet and a length of 101.78 feet
with a chord bearing of North 4°30'42" West;
THENCE North 1°11'54" West a distance of 777.39 feet;
THENCE East a distance of 1632.93 feet to the POINT OF BEGINNING;
THENCE East a distance of 144.67 feet;
THENCE South 8904944" East a distance of 823.20 feet;
THENCE South 0052'33" East a distance of 469.42 feet;
THENCE South 89°0'00" West a distance of 210.25 feet;
THENCE North 0010'16" East a distance of 328.64 feet;
THENCE North 8904944" West a distance of 766.23 feet;
THENCE North 0010'16" East a distance of 144.57 feet;
to the POINT OF BEGINNING;
CONTAINING 208171.141 square feet or
4.779 Acres, more or less.
Ordinance No. 2159-403. Page 7
TRACT 5 (Agriculture -Open Space 6.31 acres)
FIELD NOTE DESCRIPTION
' TRACTS —
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows :
COMMENCING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest comer of said Cole Tract;
THENCE North 89°20'41" East a distance of 6.23 feet to the POINT OF BEGINNING;
THENCE North 2024'16" West a distance of 70.04 feet;
THENCE North 89026154"
East a distance of 274.12 feet;
THENCE North 33042'24"
East a distance of 87.30 feet;
THENCE North a distance
of 81.87 feet;
THENCE South 79°19'18"
East a distance of 50.29 feet;
THENCE South 64°45'09"
East a distance of 204.42 feet;
THENCE North 30033'59"
East a distance of 68.62 feet;
THENCE South 66035'08"
East a distance of 55.74 feet;
THENCE a curve to the left having a radius of 1095.00 feet and a
length of 460.01 feet with a chord bearing of South 78037113" East;
' THENCE North 8902041" East a distance of 324.07 feet;
THENCE a curve to the left having a radius of 1095.00 feet and a
length of 351.49 feet with a chord bearing of North 8008'56" East;
THENCE North 70057'12" East a distance of 219.63 feet;
THENCE a curve to the right having a radius of 1005.00 feet and
a length of 312.58 feet with a chord bearing of North 79°51'49" East;
THENCE South 1015'16" East a distance of 241.52 feet;
THENCE South 89°20'41" West a distance of 2275.99 feet;
to the POINT OF BEGINNING;
CONTAINING 274823.270 square feet or
6.309 Acres, more or less.
Ordinance No. 2159-4-03, Page 8
Tract 6 (Agriculture -Open Space 0.215 acres)
FIELD NOTE DESCRIPTION
' TRACf 6
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows :
COMMENCING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest comer of said Cole Tract;
THENCE a curve to the right having a radius of 880.00 feet and a length of 101.78 feet
with a chord bearing of North 4030'42" West;
THENCE North 1°11'54" West a distance of 777.39 feet;
THENCE East a distance of 1777.60 feet;
THENCE South 89 4944" East a distance of 823.20 feet to the POINT OF BEGINNING;
THENCE South 8904944" East a distance of 20.00 feet;
THENCE South 0052'33" East a distance of 469.01 feet;
THENCE South 8900'00" West a distance of 20.00 feet;
THENCE North 0052133" West a distance of 469.42 feet;
to the POINT OF BEGINNING;
' CONTAINING 9384.288 square feet or
0.215 Acres, more or less.
Ordinance No. 21594-03, Page 9
Right -of -Way Dedication
FIELD NOTE DESCRIPTION
' ANGEL PARKWAY R.O.W. DEDICATION
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
BEGINNING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the southwest
comer of said Cole Tract;
THENCE a curve to the right having a radius of 880.00 feet and a
length of 101.78 feet with a chord bearing of North 4030'42" West;
THENCE North 1011'54" West a distance of 708.58 feet;
THENCE South 500'34" East a distance of 150.46 feet;
THENCE South I°11'54" East a distance of 560.04 feet;
THENCE South 2024'19" East a distance of 100.06 feet;
THENCE South 8902041" West a distance of 6.23 feet;
to the POINT OF BEGINNING;
' CONTAINING within these metes and bounds 7257.443 square feet or
0.167 Acres, more or less.
FIELD NOTE DESCRIPTION
EXCHANGE PARKWAY R.O.W. DEDICATION
BEING a tract of land situated in the Witsaul Fisher Survey, Abstract No. 323 and the John J. Miller Survey,
Abstract No. 609 Collin County, Texas and being a portion of the land described in a deed to John L. Cole,
Trustee as recorded in Volume 2662, Page 1 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
COMMENCING at a point in the East R.O.W. line of Malone Road (FM 2551), said point being the
southwest comer of said Cole Tract;
THENCE North 8902041" East a distance of 6.23 feet;
THENCE North 2024116" West a distance of 100.06 feet;
THENCE North 1011'54" West a distance of 195.27 feet to the POINT OF BEGINNING;
THENCE North 1°11'54" West a distance of 169.48 feet;
THENCE South 46°0'00" East a distance of 42.38 feet;
THENCE North 89026'54" East a distance of 14.79 feet;
' THENCE a curve to the right having a radius of 1105.00 feet and
a length of 180.01 feet with a chord bearing of South 85°53'05" East;
THENCE South 73°30'10" East a distance of 150.90 feet;
Ordinance No. 21594-03, Page 10
THENCE a curve to the right having a radius of 1095.00 feet and
a length of 129.65 feet with a chord bearing of South 69058'38" East;
THENCE South 66035'08" East a distance of 214.15 feet;
THENCE a curve to the left having a radius of 1005.00 feet and a
length of 422.20 feet with a chord bearing of South 78037'13" East;
THENCE North 89°20'41" East a distance of 324.07 feet;
THENCE a curve to the left having a radius of 1005.00 feet and a
length of 322.60 feet with a chord bemng of North 8008'56" East;
THENCE North 70057'12" East a distance of 219.63 feet;
THENCE a curve to the right having a radius of 1095.00 feet and
a length of 340.58 feet with a chord bearing of North 79°51'49" East;
THENCE South 1"13'34" East a distance of 90.00 feet;
THENCE a curve to the left having a radius of 1005.00 feet and a
length of 312.58 feet with a chord bearing of South 79°51'49" West;
THENCE South 70057'12" West a distance of 219.63 feet;
' THENCE a curve to the right having a radius of 1095.00 feet and
a length of 351.49 feet with a chord bearing of South 8008'56" West;
THENCE South 89°2041" West a distance of 324.07 feet;
THENCE a curve to the right having a radius of 1095.00 feet and
a length of 460.01 feet with a chord bearing of North 78037'13" West;
THENCE North 66035'08" West a distance of 214.15 feet;
THENCE a curve to the left having a radius of 1005.00 feet and a
length of 88.56 feet with a chord bearing of North 6906'36" West;
THENCE North 7904410" West a distance of 149.45 feet;
THENCE a curve to the left having a radius of 995.00 feet and a
length of 180.01 feet a tb a chord bearing of North 85022'08" West;
THENCE South 89026154" West a distance of 13.77 feet;
THENCE South 4401119" West a distance of 41.75 feet;
to the POINT OF BEGINNING;
' CONTAINING 218006.428 square feet or
5.005 Acres, more or less.
Ordinance No. 2159-4-03, Page 11