O-2140-2-03ORDINANCE NO. 2140-2-03
' 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 "CF" — COMMUNITY FAC ITITE.S DISTRICT FOR
22.098± ACRES IN THE JAMES WILCOX SURVEY, ABSTRACT NO. 1017, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABn3TY 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 "CF" - Community Facilities District for 22.0981 acres in the James W. Wilcox Survey, Abstract No. 1017,
City of Allen, Collin County, Texas.
SECTION 2. The property shall be used only in the manner and for the purposes provided fff 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 & 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 (52,000) 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 ordamed.
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON TILS THE 11r a DAY OF FEBRUARY, 2003.
APPROVED:
St 4Q4f f(
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, OW ATTORNEY She ey B. Georg CTING CITY MCRETARY
Ordinance No. 2140-2-03, Page 2
I Wq: 1100167:W
' LEGAL DESCRIPTION
WHEREAS. ALLEN INDEPENDENT SCHOOL DISTRICT , is the owner of a tract of land
situated in the James W. Wilcox Survey, Abstract No. 1017, in the City of Alen, Collin County,
Texas and being ollof a 16.868 acre tract as described in Clerks File No. 96-0065762 and a 5.231
acre tract, as described in Clerks File No. of the Deed Records of Collin County, Texas, and being
more particularly described as follows;
BEGINNING, at a �/2 inch iron rad found at the southeast corner of said 16.868 acre tract. also being
the northeast corner of Suncreek II, Tract 3 - Phase 26 Parcel 3, an addition to the City of Allen, as
described in Volume K, Page 163, in the Plat Records of Collin, County, Texas:
THENCE, South 89-35'16" West, along the south line of the 16.868 acre tract and with the north line
of said Parcel3, passing a I/2 inch iron rod found at 567.94 feet being the northwest corner of said
Parce13 also being the southwest corner of the 16.868 acre tract and being the southeast corner of
said 5.231 acre tract, and at the southeast corner of Lots 4 thru 7, Block A and Adjacent Alley
R.O.W of Suncreek I, Tract 3, an addition to the City of Alen, and continuing for a totaldistance
of 586.76 feet. to a I/2 inch iron rod found:
THENCE, North OP 19'30" East, along the south line of said Lots 4 thru 7 and the south line of the
5.231 acre tract, for a distance of 11.98 feet, to a I/2 inch iron rod found:
THENCE. North 88.40'30" West, continuing along said south lines, for a distance of 110.00 feet, to
a �/2 inch iron rod found being the southwest. corner of said Lots 4 thru 7:
THENCE, North Of -19'30" East, along the west line of said Lots 4 thru 7, for a distance of 45.37
feet, to a %2 inch iron rod found on a curve to the left, having a radius of 50.00 feet, a central angle
of 1376 51 and a tangent of 130.04 feet:
THENCE, continuing along said west line and with said curve to the left for an arc distance of 120.37
feel (Chord Bearing North 41.37'03" West - 93.34 feet). to a %2 inch iron rod found at the most
westerly southwest corner of said Lots 4 thru 7:
' THENCE. North 01° 10'17" East, continuing along said west line, for a distance of 104.63 feet, to
a 1/2 inch iron rod found at the northwest corner of said Lots 4 thru 7 also being in the south line of
Suncreek 11, Tract 3 - Phase 2A, on addition to the City of Allen, as described in Volume J, Page 982.
in said Plot Records
Ll
THENCE, South 88° 48'28" East, along the north line of said Lots 4 thru 7 and the south line of said
Suncreek II. Tract 3 - Phase 2A, for a distance of 9.94 feet, to a �/2 inch iron rod found at the
southeast corner of said Suncreek II, Tract 3 - Phase 2A and being in the west line of said 5.231 acre
tract:
THENCE, North 01.09'26" East along the east line of said Suncreek II, Tract 3 - Phase 2A and the
west line of the 5.231 acre tract passing a %2 inch iron rod found at 644.75 feet being the northeast
corner of said Suncreek II, Tract 3 Phase 2A and at the most southerly southeast corner of
Suncreek II, Tract 3 - Phase 2B Parcel 2, an addition to the City of Alen as described in Volume K,
Page 163, in said Plat Records, for a total distance of 1007.12 feet, to a I/2 inch iron rod found:
THENCE, North 45.5T51" East, continuing along said east and west line, for a distance of 85.29
feet. to a l/2 inch iron rod found at the most northerly northwest corner of the 5.231 acre tract:
THENCE, South 89' 25'44" East, along the east line of said Suncreek 11, Tract 3 - Phase 28, passing
a �/2 inch iron rod found at 122.28 feel, being the northeast corner of the 5.231 acre tract also the
northwest corner of said 16.868 acre tract and the southeast corner of said Suncreek II, Tract 3 -
Phase 2B Parcel 2, for a total distance of 690.04 feet, to a 1/2 inch iron rod found at the northeast
corner of the 16.868 acre tract:
THENCE. South 01.09'26" West, along the east line of the 16.868 acre tract, for a distance of
1289.34 feet, to the POINT OF BEGINNING and containing 22.098 acres of land.
Ordinance No. 2140-2-03 Page 3