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O-260-12-7913 ORDINANCE NO. 26o AN ORDINANCE CREATING A PLANNED DEVELOPMENT FOR THE PURPOSE OF CONTROLLING THE DEVELOPMENT OF LAND IN AND AROUND THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR ZONING ACCORDING TO TRACTS WITHIN THE PLANNED DEVELOPMENT AREA; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Allen, Texas, is charged with the responsibility of providing for the public health, safety, and welfare of the people of the community; and WHEREAS, planned development areas offer a reasonable method for a city to provide control over traffic, sewage, water, and other factors vitally connected to the public health, safety and welfare; and WHEREAS, the property described in Exhibit "A" attached hereto has been lawfully incorporated into the City of Allen, Collin County, Texas; and t WHEREAS, the legal notices required for zoning have been given in the manner and form set forth by law and public hearings have been held on the proposed zoning classification; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION ONE: That the property described in Exhibit "A,'.' attached k: hereto, and made a part hereof for all purposes, is hereby placed in a planned development area and is zoned according to the uses as shown on the map and plat attached to this Ordinance as Exhibit "B", which map and plat is incorporated in this Ordinance as though written herein. SECTION TWO: It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to.construct on said premises any building that is not in substantial conformity with the plot plan attached hereto. SECTION THREE: Any person, firm or corporation who violates f any provision of this Ordinance shall .be deemed guilty of a misdemeanor, and upon a conviction therefor shall be fined any sum not exceeding $200.00; and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation or any other legal remedy available to the City in connection with said violation. SECTION FOUR: The caption of this Ordinance shall be published at least -,twice in the official newspaper of the City, stating in summary the purpose of this Ordinance and the penalty for violation hereof, and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN , TEXAS , on this the ATTEST: G640'�� Qe--O� - anelle Cooksey, City Secre ol u 4 ayor FIELD NOTES FOR P.U.D. ZONING DISTRICT FOUNTAIN PARK EAST ALLEN, TEXAS BEING a 238.594 acre tract of land out of the Peter Fisher Survey, Abstract No. 324 Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the west line of said Fisher Survey at the center line of Rivercrest Drive, said point also being 25.0 feet North of the Southeast corner of Fountain Park, Section One, Addition to the City of A!len as recorded in Volume 7, page of the Plat Records of Collin County, Texas; THENCE: North 2289.89 feet along the west line of said Fisher Survey to a point for corner; THENCE: North 89°52' East 606.0 feet to a point for corner; THENCE: North 304.50 feet to a point for corner said point being in the center line of a country road (to be known as Exchange Blvd.); THENCE: North 89°52' East 2,033.60 feet to a point for corner; THENCE: South 0°27119" East a distance of 2,982.81, feet to a point; THENCE: South 0°0'45" East a distance of 1445.30 feet to a point for corner said point being the Northeast corder of the First Baptist Church of Allen tract as described in Volume 817, page 681 of the Deed Records of Collin County, Texas; THENCE: South 88°05' West a distance of 200.0 feet to a point for corner; THENCE: South 0°0145" East a distance of 871.80 feet to a point for corner, said point being in the North ROW line of State Highway FM 2170 (a 90 foot wide right, known as Main Street): THENCE: South 89°05' West with said'ROW line a distance of 1,052.80 feet to a point for corner; THENCE: North 0°06' West a distance of 866.0 feet to a point for corner; THENCE: North 89050' West a distance of 32.40 feet to a point or corner; THENCE: North 0°06' West a distance of 576.80 feet to a point of angle; THENCE: North 30°21 East a distance of 263.0 feet to a point of angle; THENCE: North 5°02' East a distance of 667.63 feet to a point for corner; THENCE: South 89°53' West a distance of 1.567.71 feet to a point for corner, said point being in the West line of said Fisher Survey; THENCE: North with said west line a distance of 377.61 feet to the Place of BEGINNING and containing 238.594 acres of land. Area One - Residential - R-5 Zoning BEING a 67.541 acre tract within the above described P.U.D. Zoning District and being more particularly described as follows; BEGINNING at a point in the west line of the Fisher Survey at the center line of Rivercrest Drive, said point being the same Beginning of the above described P.U.D. Zoning District; THENCE: Forth 2,289.89 feet to a point for corner; THENCE: North 89°52' East a distance of 1,266.0 feet to a poin'- for corner, said point- being in the center line of the proposed Allen Heights Rd.;, THENCE: South with the proposed center line a distance of 725.5 feet to the beginning of a curve to the left; THENCE: with a curve having a central angle of 19°2815011, a radius of 1,000.0 feet, a tangent of 171.65 feet for a distance of 340.0 feet to a point of tangency; THENCE: South 19°28150" East a distance of 608.17 feet to the beginning of a curve to the right; THENCE: with a curve having a central angle of 19°28150", a radius of 1,000.0 feet, a tangent of 171.65 feet for a distance of 340.0 feet to a point of tangency; THENCE: South a distance of 65.81 feet to a point for corner, said point being the intersection of the proposed Allen Heights Road and Rivercrest Drive; THENCE: West a distance of 754.61 feet with the proposed center line of River - crest Drive to a beginning of a curve to the left; THENCE: with a curve having a central angle of 45°, a radius of 300.0 feet, a tangent of 124.26 feet for a distance of 295.62 feet to a point of tangency; EXHIBIT A THENCE: South 45°00' West a distance of 135.0 feet to the beginning of a curve to the right; THENCE: with a curve having a central angle of 450, a radius of 300.0 feet, a tar, ent of 124.26 feet for a distance of 295.62 feet tc, a point of tangency; THENCE: West a distance of 309.02 feet to the Place of BEGINNING and containing 67.541 acres of land. Area Two - Residential - R-5 Zoning BEING a 71243 acre tract within the above described P.U.D. Zoning District and being more particularly described as follows; BEGINNING at the point of intersection of the center lines of tte proposed Allen Heights Rcad and Rivercrest Drive, said point being the southeaFt corner of Area One; THENCE: North a distance of 65.81 feet to a beginning of a curve to the left; THENCE: with a curve having a central angle of 19028150", a radius of 1,000.0 feet, a tangent of 171.65 feet for a distance of 340.0 feet to a point of tangency; THENCE: North 1928150" West a distance of 608.17 feet to the beginning of a curve to the right; ' THENCF: with a curve having a central angle of 19°28150", a radius of 1,000.0 feet, a tangent of 171.65 feet for a distance of 340.0 feet to a point of tangency; THENCE: North a distance of 1,030.0 feet to a point for corner, said point being intersection of the center lines of Allen Heights Road and Exchange Blvd.; THENCF: North 89°52' East a distance of 1,373.6 feet to a point for corner; THENCE: South 0°27119" East a distance of 2,480.0 feet to a point for corner; THENCE: West a distance of 351.25 feet to the beginning of a curve to tho right; THENCF: with a curve having a central angle of 600, a radius of 243.57 foet, a tangent of 140.61 feet for a distance of 255.04 feet to a point of reverse curve; THENCE: with a curve to the left, having a central angle of 60°, a radius of 243.57 feet, a tangent of 140.61 feet for a distance of 255.04 feet to a point of tangency; THENCE: West a distance of 200.00 feet to the place of BEGINNING and containing 71.243 acres. Area Three - Residential - R-5 (Special) Zoning BEING a 61.973 acre tract within the above described P.U.D. Zoning District and being more particularly described as follows; BEGINNING at the point of intersection of the centerlines of the proposed Allen Heights Road and Rivercrest Drive, said point being the Southeast corner of Armed One; THENCE: East a distance of 200.00 feet to a beginning of a curvy to the right; THENCE: with a curve having a central angle of 60°, a radius of 243.57 feet, a tangent of 140.61 feet for a distance of 255.04 feet -to a point of reverse curve; THENCE: with a curve to left, having a central angle of 600, a radius of 243.57 feet, a tangent of 140.61 feet for a distance of 255.04 feet to a point of tangency; THENCE: East a distance of 351.25 feet to a point for corner; THENCE: South 0°27119" East a distance of 502.81 feet •to an angle point; THENCE: South 0°0'45" East a distance of 1,445.30 feet to a point for corner; THENCE: South 89°05' West a distance of 655.67 feet to a point for corner; THENCE: South a distance of 581.35 feet to a point for corner; THENCE: South 89°05' West a distance of 597.49 feet to a point for corner; THENCE: North 0°06' West a distance of 565.48 feet to a point for a�rner; THENCE: North 89°50' West a distance of 32.40 feet to a point for corner; THENCE: North 0°06' West a distance of 576.80 feet to an angle point; THENCE: North 30°21' East a distance of 263.0 feet to an angle point; THENCE: North 05°02' East a distance of 667.63 feet to a point for corner; THFNC:E : �,,,rtr, 75° 17'28" East a distance of 50.0 feet to a point for corner, •;aid point being on the centerline of the proposed Allen Height Road; THENCE: Northerly with a curve to the right having a central angle of 14°42'32" a radius of 1,000.0 feet, a tangent of 129.07 feet a distance of 256.72 feet to a point of tangency; THENCE: North a distance of 379.02 feet to the place of BEGINNING and contain- ing 61.973 acres of land. Area Four - School/Park - CF Zoninq BEING a 20.048 acre tract within the above described P.U.D. Zoning District and being mc• particularly described as tallows; BEGINNING at the point of intersection of the centerlines of the proposed Allen Heights Rcad and Rivercrest Drive, said point being the southeast corner of Area One; THENCE: South a distance of 379.02 feet to a point beginning a curve to the left; THENCE: with a curve having a central angle of 14°43'-12", a racius of 1,000.0 feet, a tangent of 129.07 feet for a distance of 256.72 feet to a point for corner; THENCE: South 75°17128" West a distance of 50.0 feet; THENCE: South 89°53' West a distance of 1,567.71 feet to a poirt for corner, said point being in the West line of the Fisher Survey; THENCE: North a distance of 377.61 feet to a point for corner, said point being the Place of BEGINNING of Area One; THENCE: East a distance of 309.02 feet to a point beginning a curve to the left; THENCE: with a curve havinc a central angle of 45°, a radius of 300.0 feet, a tangent of 124.26 feet for a distance of 295.62 feet to a point of tangency; THENCE: North 45°0' East a distance of 135.,0 feet to a point beginning a curve to the right; THENCE: with a curve havinc a central angle of 45°, a radius of 300.0 feet, a tangent of 124.26 feet for a distance of 295.62 feet to a point of tangency; THENCE: East a distance of 754.61 feet to the Place of BEGINNING and containir:_; 20.048 acres of land. Area Five - Commercial - LR Zonin BEING a 4.614 acre tract within the above described P.U.D. Zonirg District and being more particularly described as follows; BEGINNING at the point of intersection of the centerlines of the proposed Allen Heights Road and Exchange Blvd., said point being also the Northwest corner of Area Two; THENCE: South a distance of 304.5 feet to a point for corner; THENCE: South 89°52' West a distance of 660.0 feet to a point for corner; THENCE: North a distance of 304.5 feet to a point for corner, said point being in the centerline of Exchange Blvd.; THENCE: North 89°52' East a distance of 660.0 feet to the Place of BEGINNING and containing 4.614 acres cf land. Area Six - Commercial - LR Zoning BEING a 10.175 acre tract within the above described P.U.D. Zoning District and being more particularly described as follows; BEGINNING at a point in the North ROW line of State Highway FM 2170 (Main Street), said point being the most southerly west corner of the P.U.D. Zoning District; THENCE: North 0°06' West a distance of 300.52 feet to a point for corner; THENCE: North 89°05' East a distance of 597.49 feet to a point for corner; THENCE: North a distance of 581.35 feet to a point for corner; THENCE: North 89°05' East a distance of 305.67 feet to a point for corner; THENCE: South 0°0145" East a distance of 871.80 feet to a point for corner, said point being in the North ROW line of FM 2170; THENCE: with said ROW line South 89°05' West a distance of 902.80 feet to the Place of BEGINNING and containing 10.175 acres of land. Area Seven - Church - CF Zoning BEING a 3.0 acre tract withing the above described P.U.D. Zoning District and being more particularly described as follows; BET i NN I t.i ' it .i point in the North ROW I i ne of State Highway FM 2170 (Main Street) , s;j i d p--., r. t L)o i ncq the southwest corner of the First Baptist Church of Allen tract and also being the most southerly east corner of the P.U.D. Zoning District; THENCE: South 89°05' West a distance of 150.0 feet to a point for corner; THENCE: North 0°0145" West a distance of 871.80 feet to a point for corner; THENCE: North 89°05' East a distance of 150.0 feet to a point for corner; THENCE: South 0°0145" East a distance of 871.80 feet to the Place of BEGINNING and containing 3.000 acres of land. A_ _ IDAVIT AND PROOF OF PUBLICAT..,N THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on , by of Collin County, Texas. A rinted copy o said publication is atfa SUBSCRIBED AND SWORN to before me this day of Publisher's Fee $ 1 / -3;7 tee'( e 1.0�/ tl'2 hereto. , A.D. 19_ . Notary Public in and for Collin County, Texas LEGAL Iy� pfj"E� S ORDIRX'-i7—WO.260 AN ORDINANCE CREAT- ING s A . PLANNED DE- VELOPMENT FOR THE PURPOSE OF CONTROLL- ING THE DEVELOPMENT IOF LAND IN AND AROUND THE CITY OF ALLEN, COLLIN COUN- TY TEXAS; 'PROVIDING FOR ZONING ACCORD. NG TO TRACTS WITHIN THE PLANNED DEVEL- OPMENT AREA'- PROVID- ING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING AN H SRDECTIVE' DATE OI- NANCE; AND PROVIDING FOR PUBLICATION I THE CAPTION HEREOF. F� SECTION FOUR: The cap- . tion of this Ordinance shall be published at least`twice in the official newspaper of the City; stating in summary the pur- 1 Pose of this Ordinance and the penalty for violation here- of, and shall { be effective I immediately upon•its passage and such publication. I� .i1• PASSED AND API)nED OF I' THE CITY ' COUNCIL OF THE CITY 'OF ALLEN, R -TEXAS, on this the 21st day of December, A.D.,-1978. -s- M.B. Pierson, Mayor 'ATTEST: ` P=s-Juanelle Cooksey City Secretary t (Published in the Allen American 4-23.79 and 4-26-79) A IDAVIT AND PROOF OF PUBLICAT�wN THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than delve months prior to publishing 02. of which the attached is a true and written copy, and which was publisded in THE ALLEN AMERICAN on and which was issued on �-�= 9 7, , by of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 4Q 6�1 day o , A.D. 19 Notary Public in an for Collin County, Texas Publisher's Fee $ .07 7 * R r f Rubk� � r � ,nonce The City Council, City of Allen will conduct a Public �`-Hearing December 21, 1978, 7;30 p-M the Municipal Building tat o place Permanent zoning on 238.594 r acres of lana in,the.Peter Fisher F Survey'Abstract #324. division lies East of the p •Sub- resent High.,Mead6w,-Walden, Park and Fountain Park'lAdditions and will ' t� i_bekknown Las,the,Fountain Parks East Addition. Request has been �rriade by'Morton-Realty -Ass- ates, the deOci- veloper, to change the zoning from it's present PD (Planned Development) Classi- fication dential to Sin`gIe LOUily Resi- - Min: Lot size, 8'000,1 square feet on 67., 541 acres, 7.'141 acres Single Family Residential;= 1 Min. Lot-- size 7500 squarer feet, I 61.973'acres Single -Family' Resi- dential—, Min. Lot size 6500 . -. square fee't','-20.048 acres Classification Proposed School j & Park' Site, 14.789 acres Com EE merical and 3.00-acres CF as a ) Church Site.., "-- ` Anyone wishing, to Against-speak »For ori this request should be Present aC tliis time. if further information is desired }prior 'to- date of On you may contact City Hall at 727=3336 or 424-5918.1:4-L- -s- 24-5918. '-L--s- Walter Curtis Plan Administrator f i j S r .. s r 00 0 2 1 U 2 982.8!wmmmpomwo0wom 0 i !r -_ 144. I � - lim, IN" penalMa Now"cooIT � J� I .............. .. NN I I I A r� 1 1/8 t/ / d so rid lid _ AREA SEVEN! 3-000 ACRE de i • 1 61-9ti 1 I at1uj 1. - I I ti % 11 NORTH 581. 3 5 1 / i ' 15° o I I s� �rA_. 119 1 fig 118 118 \ �. I - `. o , Jam' 1 �---i �� I \ / Lu _j I �L N 0 02'E i r Ir 010 cc_- - •- 0 A t � r , ,SMTP �► Wj �1 - 1 O 06W 576.80 o l 4 0.0 I ., 3 N89,9504 304.5 4 0' I c° �~— �I� s I '— � I AREA FOUR 20.048 AG. w Lu UJ litQ AREA ONE 67541 ACRES W i 304.50 I �~— NOfiTFI00 m N 01N 0 co 77 Gn 0 Iq N I I i - I r 00 0 2 1 U 2 982.8!wmmmpomwo0wom 0 i !r -_ 144. I � - lim, IN" penalMa Now"cooIT � J� I .............. .. NN I I I A r� 1 1/8 t/ / d so rid lid _ AREA SEVEN! 3-000 ACRE de i • 1 61-9ti 1 I at1uj 1. - I I ti % 11 NORTH 581. 3 5 1 / i ' 15° o I I s� �rA_. 119 1 fig 118 118 \ �. I - `. o , Jam' 1 �---i �� I \ / Lu _j I �L N 0 02'E i r Ir 010 cc_- - •- 0 A t � r , ,SMTP �► Wj �1 - 1 O 06W 576.80 o l 4 0.0 I ., 3 N89,9504 304.5 4 0' I c° �~— �I� s I '— � I AREA FOUR 20.048 AG. w Lu UJ litQ AREA ONE 67541 ACRES W i 304.50 I �~— NOfiTFI00 m N 01N 0 co 77 Gn 0 Iq N 0 FILLL IV, cULLIN COUNTY, TEXAS MORTON REALTY ASSOCIATES— DEVELOPER Lu I ; LAND D EVEL'MEw 'DATA AREA -ACRES O ONE RESIDENTIAL 7-5 41 249 3.690 ! i TWO RESIDENTIAL 71.243 264 3.706 I i THREE RESIDENTIAL 61.973 230 3.711 i FOUR SGHOOL a PARK 20.048 F1 VE COMMERCIAL 4.614 738 TOTAL . . 676 AVE six COMMERCIAL 10-175 SEVENCHURCH 3,000 � T TOTAL +py 238.594 rj� 3.093 9 I I I II 0 FILLL IV, cULLIN COUNTY, TEXAS MORTON REALTY ASSOCIATES— DEVELOPER