O-598-4-85ORDINANCE NO. 5 9 8- 4- 8 5
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF ALLEN, AS HERETOFORE AMENDED, SO AS TO CHANGE THE
FOLLOWING -DESCRIBED TRACT OF LAND FROM THE CURRENT
ZONING DISTRICT CLASSIFICATIONS OF "R-2" (RESIDENTIAL) TO
"R-5" (RESIDENTIAL WITH DEED RESTRUITInNR) ANn i.0 (r.n(- a r.
RETAIL), SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS:
APPROXIMATELY 9.18 ACRES MORE OR LESS, OUT OF THE PETER
FISHER SURVEY, ABSTRACT NO. 324, COLLIN COUNTY, TEXAS;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE;
PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR PUBLICATION OF A CAPTION.
WHEREAS, the City 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 Comprehensive Zoning Ordinance should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
Section 1. That the Comprehensive Zoning Ordinance No. 366-10-81 of the City
of Allen, Texas, as heretofore amended, be and the same is hereby amended by
amending the Zoning Map of the City of Allen on a 9.18 acre tract of land described in
Exhibit "A" attached hereto and made a part hereof for all purposes, by changing the
zoning classifications from "R-2" (Residential) to give the following -described tracts of
land the following zoning classifications, to -wit: That these areas be and the same are
hereby zoned as follows:
Tract A 5.0 Acres "R-5" Residential
Tract B 4.1 Acres "LR" Residential
Ordinance No. 598-4-85 - Page 1
i
See Exhibit 1113" attached hereto and made a part hereof for all purposes showing
the land use map for the property described in Exhibit "A" which shall be adhered in its
entirety for purposes of development of said 9.18 acres of land.
Section 2. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance be, and the same are hereby, repealed and all other
provisions of said ordinance shall remain in full force and effect.
Section 3. That the above-described tracts of land shall be used in the manner
and for the purposes provided for by the Comprehensive Zoning Ordinance of the City
of Allen, as heretofore amended, and as amended herein by granting of this zoning
classification.
Section 4. That 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 the
Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars
($1,000.00) for each offense.
Section 5. Whereas, it appears that the above-described property requires that
it be given the above zoning classifications in order to permit its proper development
and, in order to protect the public interest, comfort and general welfare of the City of
Allen, creates and urgency and an emergency for the preservation of the public health,
safety, and welfare, and requires that this ordinance shall take effect immediately from
and after its passage and the publication of the caption of said ordinance, as the law in
such cases provided.
DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin
County, Texas, this 4th day of April , 1985.
APPROVED:
Donald P. Rodenbaugh, "GF -
ATTEST:
MaA'L,A, v
Marty Hendrix, ty Secretary
S TO FORM:
A. Don Crowder, City ATtorzvey
Ordinance No. 5 9 8- 4- 8 5 - Page 2
1 --AIN FA{ - N06
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FOUNTAIN GATE
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TRACT A \ TYPICAL 60' l 0 W
5.0 Acres \
\ B
TRACT B
n•2•50'2+• n.
N•56e+75' 4.1 Acrel
T12+57'
• i S / 24971'ti+ I O
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a76 95'
0 40 t0 10 240
SCALL. I'-2000'
DRIVE
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CONCEPT PLAN
FOUNTAIN PARK NO. 8
allen, texas
Attachment to Ordinance No. 598-4-85,
adopted on April 4, 1985 - EXHIBIT "B"
—� 500•Iz'OB'W
--
TYPICAL li' ALLEY R O W
Land Use Data
z
Tract A
LOCAL RETAIL
•Tot•1 Acre•
60
Tract B
R-5SINGLE FAMILY
•T.t•1 Acre•
4:
•Tot.l L—
I
•MI•.�•. Lot e r
]600
•Ylu�... Lot W�dtb
•6'
•YI•�.•� Lal D•Pts
110'
•Fr••t ■u'ld�.i L—
22'
•ed. ■•d4u2 Lw
IOM .1 Lot 11,111•end•
v.rat. atr..e
la'
prepared by:
prepared for:
•Ty F,..1 L.t
a':
DON A. TIPTON INC
ETRLL H RICHARDS
•D•.•�ty
J I] D U /!/Ac
CONK ULTING ENGINEER
12210 47tY AVE
9330 BELT LINE ROAD SUITE C
MINNEAPOLIS, MINNESOTA 66142
GARLAND, TEXAS 76042
a"
a76 95'
0 40 t0 10 240
SCALL. I'-2000'
DRIVE
w
O
O
e
CONCEPT PLAN
FOUNTAIN PARK NO. 8
allen, texas
Attachment to Ordinance No. 598-4-85,
adopted on April 4, 1985 - EXHIBIT "B"
EXHIBIT "A"
ORDINANCE NO. 598-4-85
TRACT A - FOUNTAIN PARK NO. 8
WHEREAS, BASS & ASSOCIATES is the owner of a tract of land
situated in the Peter Fisher Survey, Abstract No. 324, City
of Allen, Collin County, Texas, also being out of the tract
of land as described in a deed to L. C. Richards as recorded
in Volume 291, Page 176, Deed Records, Collin County, Texas,
and being more particularly described as follows:
COMMENCING at a point in the Southwest corner of Lot 1, Block A,
of the Fountain Park No. 7 Addition, an addition to the City of
Allen, Collin County, Texas, as recorded in Cabinet F, Page 602
of the Deed Records of Collin County, Texas;
THENCE, S 89°52'16" E, a distance of 162.00 feet to the point
of beginning, said point also being on the east line of Fountain
Gate Drive (50' R.O.W.);
THENCE, S 89°52116" E, a distance of 296.17 feet to a point for
a corner;
THENCE, S 01012108" W, a distance of 316.21 feet to a point for a
1
corner;
THENCE, N 89047952" W, a distance of 160.79 feet to the beginning
of a curve to the left having a central angle of 83021140", a radius
of 64.00 feet, and a tangent of 56.98 feet;
THENCE, along said curve to the left an arc distance of 93.12
feet to the beginning of a curve to the right having a central
angle of 83027151", a radius of 80.00 feet and a tangent of
71.36 feet;
THENCE, along said curve an arc distance of 116.54 feet to the
point of tangency;
THENCE, N 89°41141" W, a distance of 95.00 feet to a point or
a corner, said point being on the East line of Fountain Gate
Drive (50' R.O.W.);
THENCE, along the said East line of Fountain Gate Drive, the
following courses:
THENCE, N 00°18'19" E, a distance -of 35.47 feet to the beginning
of a curve to the right having a central angle of 37°15101", a
radius of 225.00 feet, and a tangent of 75.83 feet;
THENCE, along said curve to the right an arc distance of 146.28
feet to the beginning of a curve to the left having a central
angle of 37°15101", a radius of 275.00 feet or a tangency of
92.68 feet;
THENCE, along said curve to the left an arc distance of 178.79
feet to the point of tangency;
THENCE, N 00°18'19" E, a distance of 105.08 feet to the point of
beginning and containing 120,930 square feet or 2.7761 acres of
land, more or less.
TRACT B - FOUNTAIN PARK NO. 8
WHEREAS, BASS & ASSOCIATES is the owner of a tract of land
situated in the Peter Fisher Survey, Abstract No. 324, City of
Allen, Collin County, Texas, also being out of the tract of
land as described in a deed to L. C. Richards as recorded in
Volume 291, Page 176, Deed Records, Collin County, Texas, and
being more particularly described as follows:
EXHIBIT "A"
ORDINANCE NO. 598-4-85
PAGE TWO
BEGINNING at a point in the southwest corner of Lot 1, Block A
of the Fountain Park No. 7 Addition, an addition to the City of
Allen, Collin County, Texas, as recorded in Cabinet F, Page
602, of the Collin County Deed Records;
THENCE, S 8952'16" E, a distance of 112.00 feet to a point for
a corner, said point being on the west R.O.W. line of Fountain
Gate Drive (50' R.O.W.);
THENCE, S 00°18'19" W, along said West line a distance of 104.92
feet to the beginning of a curve to the right, having a central
angle of 45003137", a radius of 225.00 feet, and a tangent of
93.34 feet;
THENCE, along said curve to the right and continuing along said
West line of Fountain Gate Drive,an arc distance of 176.95 feet
to a point for a corner, said point being the beginning of a
non -tangent curve to the left having a central angle of 17140'54",
a radius of 151.23 feet, a tangent of 23.52 feet and a chord
bearing of N 80051114" W;
THENCE, along said curve to the left an arc distance of 46.67
feet to a point for a corner;
THENCE, N 00018119" E, a distance of 256.70 feet to the POINT OF
BEGINNING and CONTAINING 26,078 Square Feet or 0.5986 Acres of land,
more or less.
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AFFIDAVIT AND PROOF OF PUBLICATION
io
STATE OF TEXAS
4TY OF COLLIN
0
Charles F. Bar . Jr.
BEFORE ME, the undersigned authority, on this day personally appeared , who having been
1by 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
Notice of Public Hearing - Ethel Richards
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
MAr'ch 18, 1985
and which was issued on 3/18/85 by City of Allen—
of
llenof Collin County, Texas. A printed copy of said publication is =ched
eto
SUBSCRIBED AND SWORN to before me this �— day f , A.D. 19� .
�a_. CAC,_A_A_��
Publisher's Fee $
13 . 20 Notary P lic in and for Collin County, Texas
^«
A
I htNOTICE: OF y
PUBLIC HEARING.
bNotice is hereby -elven
that the Allen City;Coun-
cil will conduct a public
hearing at their regular
meeting•.to , be held on
Thursday, April 4, 1985,
at 7:30 p.m., in the Coun.
cil Chambers of the Allen
Municipal `Annex, One
Butler Circle, Allen,
Texas, to consider a re-
quest for _.reioning; of
9.18 acres of land, as re-
quested by `Don' -A. Tip-
ton, Inc., agent for Ethel
H. Richards.
This' request !is to
change the pre§erit zon.
ing of R-2 (Residential) to
5.7 acres of LR (Local
Retail) and 3.4•acres of
R-5 (Residential with
deed restrictions). This
9.18 acre tract is out of
the Peter Fisher Survey,
Abstract No. 324, Collin
County, Texas, 'located
north of F.M. 2170 at ap-
proximately the intersec-
tion of Hillside Lane.
Anyone' wishing to
speak either FOR or
AGAINSTAhis request is
invited to attend this
public hearing -and voice
their opinion.
If further Information
Is needed,- call -the Allen
Municipal-rl ' Annex,
Department' of Com-
munity Development, at
727-9171 or 424-7518
(metro).
Marty Hendrix
City Secretary
(Published in the Allen
American on Monday,
March 18, 1985.)
4
A