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O-261-3-790 ORDINANCE NO. 261 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 "A7attached hereto has been lawfully incorporated into the City of Allen, Collin County, Texas; and 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 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 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 lat day of' -0 A.D., 1979. B. Pierson, Mayor ATTEST: 071A'41� d4z �' - J' nelle Cooksey, City Secr ary FIELD NOTES FOR P.U.D. ZONING DISTRICT GREENWOOD VALLEY ALLEN, TEXAS BEING a 213:675 acre tract -of land out of the J. A. Taylor Survey, Abstract No. 908, Collin County, Texas, and being more particularly described as follows: BEGINNING at the southwest corner of said Taylor Survey, said point being the southwest corner of said 213.675 acre tract; THENCE: I4orth,000II' East with a fence line being the west line of said Taylor Survey a distance of 2,595.0 feet to a point for corner, said corner being in the south right-of-way line of State Highway FM No. 2170; THENCE: North 89019' East a distance of 901.00 feet to a point of angle; THENCE: South 89°54' East a distance of 998.40 feet to a point of angle; THENCE: South 89°15' East a distance of 1,603.50 feet to a nail in'top of ROW marker; THENCE: South 45°25' East a distance of 73'.00 feet to a point for corner; THENCE: South 89°52' East a distance of 25.00 feet to a point for corner, said point being in the center of a public road; THENCE: with the center line of said Public road South 00023' West a dis- tance of I,000.00 -feet to a point of angle, South 00°34' West a distance of 1,545.30 feet to a point for corner; THENCE: North 89°47' West with south line of the said Taylor Survey a distance of 3,566.00 feet. to -the Place of BEGINNING and contain- ing 213.675 acres of land. Area One •--------- Commercial ---------------- LR Zoning BEING a 1.623 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 Taylor Survey at the South right -6f -way of State Highway FM No. 2170, said point also being -the North- west corner of above described P.U.D. Zoning District; THENCE: North 89°19' East a distance of 220.00 feet to a point for corner; THENCE: South 00°II' West a distance of 320.00 feet to a point for corner; THENCE: South 89°19' West a distance of 220.00 feet to a point for corner; THENCE: North 000111 East a distance of 320.00 feet to the Place of BEGIN- NING and containing 1.634 acres of land. Area Two --------- Commercial ----------------- LR Zoning BEING a 6.263 acre tract within the above described F.U.D. Zoning District and peing more particularly described as follows: BEGINNING at a point in the South right-of-way of State Highway FM No. 2170 and being North 88°19' East 220.00 feet from the Northwest corner of the above described P.U.D. Zoning District, also being the Northeast corner of Area; One; THENCE: North 89°19' East a distance of 681.00 feet to an angle point; THENCE: South 89°54' East a distance of,.170:.0 feet to a point for corner; THENCE: South a distance of 349.17 feet'to a point for corner, said point being in a curve; THENCE: Northwesterly with a curve having a central angle of 9°1713411, a radius of 2,180.00 feet for a distance of 353.38 feet to a point of tangency; THENCE: North 89°49' West a distance of 500.00 feet to a point for corner; THENCE: North 00°II' East a distance of 310.00 feet to the Place of BEGIN- NING and containing 6.263 acres of land. EXHIBIT R Area Three --------- Church --------- CF Zoning BEING a 5.390 acre tract within the above ,described P.U.D. Zoning District and being more particularly described as follows: BEGINNING at a point in the South right-of-way line of State Highway FM No. 2170, and being North 89°19' East, 90.1..00 feet and South 89°54, East 170.00 feet from the Northwest corner of the P.U.D. District, also being the North- east corner of Area Two; THENCE: South 89°54' East a distance of 540.65 feet to a point for corner; THENCE: South a distance of 75.00 feet to a point, said point beginning a curve to the left; THENCE: Southeasterly with a curve having a central angle of 15°001, a radius of 1,200.00 feet, for a distance of 314.16 feet, to a point of tangency; THENCE: South 15°00' East a distance of 50.00 feet to a point, said point beginning a curve to the right; THENCE: Southwesterly with a curve having a central angle of 40°36,23", a radius of 135.14 feet for a distance of 95.78 feet to a point of tangency; THENCE: South 25°36123" West a distance of -5.90 feet to a point for corner, said point being in a curve; THENCE: Northwesterly with a curve having a central angle of 16°0710911, a radius of 2,180.0 feet, for a distance of 613.73 feet to a point for corner; THENCE: North a distance of 349.17 feet to the Place of BEGINNING and con- taining 5.390 acres of land. Area Four --------- Commercial ------=-- LR Zoning BEING a 3.313 acre tract within the above described P.U.D. Zoning District and being more particularly described as follows: BEGINNING at a point in the south right-of-way line of State Highway FM No. 2170, and the center line of a Public road, said point being the most east- erly Northeast corner of the above described P.U.D. Zoning District; THENCE: South 00°23' West a distance of 169.71 feet to a point -•for corner; THENCE: North 89°15' West a distance of 630,00 feet to a point, said point beginning a curve to the right; f THENCE: Northwesterly with a curve having a central angle of 93°, a radius of 40.0 feet, for a distance of 62.83 feet to a point of tangency; THENCE: North 00°45' East a distance of 180.00 feet to a point for`.corner; THENCE: South 89°15' East a distance of 591.25 feet to a point for corner; THENCE: South 45°25' East a distance of 73.0 feet to a point for corner; THENCE: South 89°52' East a distance of 25.0 feet to the Place of BEGIN- NING and containing 3.313 acres of land. Area Five --------- School/Park--------- CF Zoning BEING a 20.810 acre tract withing the above described P.U.D. Zoning District and being more particularly described as follows: BEGINNING at a point in the South line of the J. A. Taylor Survey, said point being South 89°47' East a distance of 302.0 feet from the Southwest corner of the P.U.D. District; THENCE: North 00°II' East a distance of 446.0 feet to a point for corner; THENCE: South 89149' East a distance of 500.00 feet to aspoint, said point Fbeginning a curve to the left; • THENCE: Northeasterly with a curve, having a central angle of 61°3913811, a radius of 167.55 feet, for a distance of 180.30 feet to a point of tangency; ` THENCE: North 28°31122" East a distance of 358.35 feet to a point for cor- ner, said point being in a curve; THENCE: Southeasterly with a curve having a central angle of 1312813811, a radius of 841.80 feet, for a distance of 197.99 feet to a point of tangency; THENCE: South 48°00' East a distance of 267.98 feetito a point,, said point beginning a curve -to the left; + THENCE: Southeasterly with a curve having a central angle.'of 29°17'32", a radius of 1,600.00 feet, for a distance of•817.99 feet to a• point for corner;- THENCE: South 12°42128" West a distance of 41.00 feet to a point, said poimht beginning a curve to the left. THENCE: Southerly with a curve having a central angle of 12°29128", a radius of 456.87 feet, for a distance of 99.60 feet to a point of tangency; THENCE: South 000131 West a distance of 50.00 feet to a point for corner; THENCE: North 890471 West a distance of. 1,879.00 feet to the Place of BEGINNING and containing 20.810 acres of land. Area Six --------- Residential --------- R-5 (Special) Zoning BEING a 181.666 acre tract within the above described P.U.D. Zoning District and being more particularly described as --follows: BEGINNING at the Southwest corner of the J. A. Taylor Survey, said point being the Place of BEGINNING for the P.U-:D. District; THENCE: North 000111 East a distance of 2,275.0 feet to a point for corner; THENCE: North 89019' East a distance of 220.0 feet to a point for corner; THENCE: North 000111 East a distance of 10.0 feet to a point for corner; THENCE: South 89049' East a distance of 500.00 feet to a point, said point beginning a curve to the right; THENCE: Southeasterly with a curve having a central angle of 25025►2311, a radius of 2,180.0 feet, for a distance of 967.11 feet to a'point for corner; THENCE: North 25036123" East a distance of 5.90 feet to a point, said point beginning a curve to the left; THENCE: Northerly with a curve having a central angle of 4003612311, a radius of 135.14 feet, for a distance of 95.78 feet to a point of tangency; THENCE: North 15000' West a distance of 50.0 feet to a point, said point beginning a curve to the right; THENCE: Northerly with a curve having a central angle of 150001, a radius of 1,200.00 feet, for a distance of 314.16 feet to a point of tan- gency; THENCE: North a distance of 75.00 feet to a point for corner, said point being in the South right-of-way of State Highway FM No. 2170; THENCE: South 89054' East a distance of 287.75 feet to an angle point; THENCE: South 89015' East a distance of 724.50 feet to a point for corner; THENCE: South 00045' West a distance of 180.0 feet to a point, said point beginning a curve to the left; THENCE: Southeasterly with a curve having a central angle of 900, a radius of 40.0 feet, for a distance of 62.83 feet to a point of tangency; THENCE: South 890151 East a distance of 630.00 feet to a point for corner, said point being in the center line of a Public road; THENCE: with the center line of said Public road South 00023' West a dis- tance of 830.29 feet to a point of angle, South 000341 West a distance of 1,545.30 feet to a point for corner,- THENCE: orner;THENCE: North 890471 West a distance of 1,385.00 feet to a point for corner,- THENCE: orner;THENCE: North 000131 East a distance of 50.0 feet to a point, said point i beginning a curve to the right; THENCE: Northeasterly with a curve having a central angle of 12029!2811, a radius of 456.87 feet, for a distance of 99.60 feet to a point of tangency; THENCE: North 12*42128f1 East a distance of 41.00 feet to a point for cor- ner, said point being in a curve; THENCE: Northwesterly with a curve having a central angle of 29017132", a radius of 1,600.00 feet, for a distance of 817.99 feet to a point of tangency; THENCE: North 48000' West a distance of 267.98 feet to a•point, said point "beginning a curve to the left; THENCE: Northwesterly with a curve having a central angle of 1302813811, a radius of 841.80 feet, for a distance of 197.99 feet to a point for corner; ; THENCE: South 28031122" West a distance of 358.35 feet to a point, said point beginning a curve to the right; THENCE: Southwesterly with a curve having a central angle of 61039138", a radius of 167.55 feet, for a distance of 180.30 feet to a point of tangency; THENCE: North 890491 West a distance of 500.00 feet to a point for corner; THENCE: South 0011' West a distance of 446.00 feet to a point for corner; THENCE: North 890471 West a distance of 302.00 feet to the Place of BEGIN- NING and containing 181.666 acres of I6nd. r `� s- AFFIDAVIT AND PROOF OF PUBLICATION 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 twAve months prioy 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 , Z&`- / �-4 Z 7 / ,Z", by �Qe of Collin County, Texas. A printed copy of said publication is attached SUBSCRIBED AND SWORN to before me this day of A.D. 19 Notary Public in and for Collin County, Texas Publisher's Fee $ J� �� C O % f r ic' tEGAI NOTICES' N E The City Council will conduct a Public Hearing on a request for - annexation & charige in zoning on 213.65 acres in the J.A. Taylor Survey - Abstract No. 908. Hearing will be held on March -1, 1979, 7:30 p.m. at the Municipal Building. Request has been made to change zoning on this pro-, perty from R-2 Classification to PD Classification. Anyone wishing to speak For or Against this request should be present at this time. If additional information is de- sired prior to date of hearing you may contact City Hall at 727-3336. -s-Welter Curtis Plan Administrator D ID