O-2071-7-02ORDINANCE NO. 2071-7-02
' 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 "LR" LOCAL RETAIL, "R-2" SINGLE-
FAMILY RESIDENTIAL, "R-3" SINGLE-FAMILY RESIDENTIAL, "B-4" SINGLE-
FAMILY RESIDENTIAL, AND "TH" TOWNHOME RESIDENTIAL DISTRICT TO
"R-2" — SINGLE FAMILY RESIDENTIAL DISTRICT FOR 9.74± ACRES, "R -5 -
SINGLE FAMILY RESIDENTIAL DISTRICT FOR 58.842± ACRES, AND "LR" —
LOCAL RETAIL FOR 7.407± ACRES, BEING A TOTAL OF 76.017± ACRES IN THE
WILLIAM SNYDER SURVEY, ABSTRACT NO. 821, 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 heating 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 "LR" Local Retail, "R-2" Single-family
residential, "R-3" Single-family residential, "R-4" Single-family residential, and "TH" Townhome residential
District for 76.017± acres in the William Snyder Survey, Abstract No. 821, City of Allen, Collin County, Texas,
as follows:
Tract 1 - "R-2" — Single Family Residential District on 9.743 acres;
Tract 2 - "R-5" — Single Family Residential District on 58.8423 acres;
Tract 3 - "LR" —Local Retail District on 7.407± 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, and as amended
herein.
' 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 conarmtted 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. 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 23ao DAY OF JULY, 2002.
APPROVED:
o/� efs
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
�3.4wn/n—
Peter G. Smith, CITY ATTORNEY My Mo son, CMC/AAE, CITY SECRETARY
ORDINANCE NO. 2071-7-02, Page 2
EXMB f "A"
' TRACT 1- TONING R-2
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the William Snyder Survey, Abstract No.
821, and being a part of that 76.017 acre tract of land conveyed to Terra Investments, Inc. as recorded in Volume 1902, Page
584, Collin County Deed Records, and being further described as follows:
BEGINNING at a "X" in concrete found at the northwest comer of said 76.017 acre tract of land, said point being in the
center of Malone Drive;
THENCE North 89 degrees 55 minutes 00 seconds East, 1553.11 feet to a one-half inch iron rod found at the northeast comer
of said 76.017 acre tract of land;
THENCE South 00 degrees 11 minutes 00 seconds West. 358.51 feet along the east line of said 76.017 acre tract of land to a
point for comer;
THENCE Northwesterly, 159.91 feet along a curve to the right which has a central angle of 20 degrees 21 minutes 38
seconds, a radius of 450.00 feet, a tangent of 80.81 feet, and whose chord bears North 78 degrees 36 minutes 18 seconds
West, 159.07 feet to a point for comer;
THENCE North 68 degrees 25 minutes 29 seconds West, 100.00 feet to a point for comer;
THENCE Northwesterly, 173.46 feet along a curve to the left which has a central angle of 22 degrees 05 minutes 07 seconds,
a radius of 450.00 feet, a tangent of 87.82 feet, and whose chord bears North 79 degrees 28 minutes 14 seconds West, 172.38
feet to a point for comer;
' THENCE South 89 degrees 29 minutes 13 seconds West, 1131.19 feet to a point for comer in the west line of said 76.017
acre tract of land, said point being in the center of Malone Road;
THENCE North 00 degrees 31 minutes 00 seconds West, 266.68 feet along the west line of said 76.017 acre tract of land and
along the center of Malone Road to the POINT OF BEGINNING and containing 425,738 square feet or 9.774 acres of land.
TRACT 2 - ZONING R-5
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the William Snyder Survey, Abstract No.
821, and being a part of that 76.017 acre tract of land conveyed to Terra Investments, Inc. as recorded in Volume 1902, Page
584, Collin County Deed Records, and being further described as follows:
COMMENICNG at a "X" in concrete found at the northwest comer of said 76.017 acre tact of land, said point being in the
center of Malone Drive;
THENCE South 00 degrees 31 minutes 00 seconds East, 266.68 feet along the west line of said 76.017 acre tract of land and
along the center of Malone Road to the POINT OF BEGINNING of this tract of land;
THENCE North 89 degrees 29 minutes 13 seconds East, 1131.19 feet to a point for coma;
THENCE Southeasterly, 173.46 feet along a curve to the right which has a central angle of 22 degrees 05 minutes 07 seconds,
a radius of 450.00 feet, a tangent of 87.82 feet, and whose chord bears South 79 degrees 28 minutes 14 seconds East, 172.38
feet to a point for coma;
THENCE South 68 degrees 25 minutes 29 seconds East, 100.00 feet to a point for comer;
ORDINANCE NO. 2071-7-02, Page 3
THENCE Southeasterly, 159.91 feet along a curve to the left which has a central angle of 20 degrees 21 minutes 38 seconds,
' a radius of 450.00 feet, a tangent of 80.81 feet, and whose chord hears South 78 degrees 36 minutes 18 seconds East, 159.07
feet to a point for comer in the east line of said 76.017 acre tract of land;
THENCE along the east line of said 76.017 acre tract of land as follows:
South 00 degrees 11 minutes 00 seconds West, 965.49 feet to a point for comer; West, 429.15 feet to a point for comer;
South 00 degrees 32 =ores 02 seconds East, 1144.17 feet to a one-half inch von rod found at the southeast comer of said
76.017 acre tract of land, said point being in the center of Bethany Drive;
THENCE West, 426.58 feet along the south line of said 76.017 acre tract of land and along the center of Bethany Drive to a
point for comer;
THENCE North, 71.00 feet to a point for comer;
THENCE Northwesterly, 110.31 feet along a curve to the left which has a central angle of 21 degrees 04 minutes 04 seconds,
a radius of 300.00 feet, a tangent of 55.79 feet, and whose chord bears North 10 degrees 32 minutes 02 seconds West, 109.69
feet to a point for comer;
THENCE Northwesterly, 120.83 feet along a curve to the right which bas a central angle of 23 degrees 04 minutes 39
seconds, a radius of 300.00 feet a tangent of 61.25 feet, and whose chord bears North 09 degrees 31 minutes 44 seconds
West, 120.02 feet to a point for corner;
THENCE North 02 degrees 00 minutes 35 seconds East. 435 feet to a point for comer;
THENCE North 87 degrees 59 minutes 25 seconds West, 157.00 feet to a point for comer;
' THENCE North 02 degrees 00 minutes 35 seconds East, 195.93 feet to a point for comer,
THENCE Northwesterly, 60.72 feet along a curve to the left which has a central angle of 86 degrees 58 minutes 16 seconds, a
radius of 40.00 feet, a tangent of 37.94 feet, and whose chord bears North 41 degrees 28 minutes 33 seconds West, 55.05 feet
to a point for comer;
THENCE Northwesterly, 149.70 feet along a curve to the left which has a central angle of 05 degrees 33 minutes 05 seconds,
a radius of 1545.00 feet, a tangent of 74.91 feet, and whose chord bears North 87 degrees 44 minutes 14 seconds West,
149.64 feet to a point for comer;
THENCE South 89 degrees 29 minutes 13 seconds West, 310.73 feet to a point in the west line of said 76.017 acre tract of
land, said point being in the center of Malone Road;
THENCE North 00 degrees 31 minutes 00 seconds West, 1652.00 feet along the west line of said 76.017 acre tract of land
and along the center of Malone Road to the POINT OF BEGINNING and containing 2,563,144 square feet or 58.842 acres of
land.
TRACT 3 - ZONING LR
BEING all that tract of land in the City of Allen, Collin County, Texas, a part of the William Snyder Survey, Abstract No.
821, and being a part of that 76.017 acre tract of land conveyed to Tema Investments, Inc. as recorded in Volume 1902, Page
584, Collin County Deed Records, and being further described as follows:
BEGINNING at a "X" m concrete found at the southwest comer of said 76.017 acre tract of land, said point being in the
intersection of the center of Malone Drive with the center of Bethany Drive;
THENCE North 00 degrees 31 minutes 00 seconds West, 547.26 feet along the west line of said 76.017 acre tract of land and
along the center of Malone Road to a point for comer;
ORDINANCE NO. 2071-7-02, Page 4
THENCE North 89 degrees 29 minutes 13 seconds East, 310.73 feet to a point for comer;
THENCE Southeasterly, 149.70 feet along a curve to the right which has a central angle of 05 degrees 33 minutes 05 seconds,
a radius of 1545.00 feet, a tangent of 74.91 feet, and whose chord bears South 87 degrees 44 minutes 14 seconds East, 149.64
feet to a point for comer;
THENCE Southeasterly, 60.72 feet along a curve to the right which bas a central angle of 86 degrees 58 minutes 16 seconds,
a radius of 40.00 feet, a tangent of 37.94 feet, and whose chord bears South 41 degrees 28 minutes 33 seconds East, 55.05
feet to a point for comer;
THENCE South 02 degrees 00 minutes 35 seconds West, 195.93 feet to a point for comer;
THENCE South 87 degrees 59 minutes 25 seconds East, 157.00 feet to a point for comer;
THENCE South 02 degrees 00 minutes 35 seconds West, 4.35 feet to a point for comer;
THENCE Southeasterly, 120.83 feet along a curve to the left which has a central angle of 23 degrees 04 minutes 39 seconds,
a radius of 300.00 feet, a tangent of 61.25 feet, and whose chord bears South 09 degrees 31 minutes 44 seconds East, 120.02
feet to a point for comer;
THENCE Southeasterly, 110.31 feet along a curve to the right which has a central angle of 21 degrees 04 minutes 04 seconds,
a radius of 300.00 feet, a tangent of 55.79 feet, and whose chord bears South 10 degrees 32 minutes 02 seconds East, 109.69
feet to a point for comer;
THENCE South, 71.00 feet to a point for comer in the south line of said 76.017 acre tract of land and in the center of Bethany
Drive;
' THENCE West, 681.57 feet along the south line of said 76.017 acre tract of land and along the center of Bethany Drive to the
POINT OF BEGINNING and containing 322,636 square feet or 7.407 acres of land.
ORDINANCE NO. 2071-7-02. Page 5