O-3120-11-12ORDINANCE NO. 3120-11-12
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE CONCEPT PLAN
AND DEVELOPMENT REGULATIONS FOR A 4.945E ACRE PORTION OF TRACT A OF
PLANNED DEVELOPMENT NO. 93 (PD -93), SAID 4.9451 ACRE PORTION OF TRACT A
BEING DESCRIBED IN EXHIBIT "A," HERETO; PROVIDING FOR A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, shall be further amended by amending the Concept Plan
and development regulations for a 4.945E acre portion of Tract A of Planned Development No. 93 as
established by and described in Ordinance No. 2322-8-04 and as amended by Ordinance No. 2476-1-06
(Ordinance Nos. 2322-8-04 and 2476-1-06 being collectively referred to herein as "PD -93"), said 4.945E acre
portion of Tract A being more particularly described in Exhibit "A" attached hereto and incorporated herein
by reference ("the Property").
SECTION 2. The Property shall be used and developed in accordance with the development regulations
applicable to Tract A of PD -93, said development regulations being amended as follows:
A. Concept Plaw The Property shall be developed in general conformance with the Concept
Plan attached to this ordinance as Exhibit "B," and incorporated herein by reference, which
Concept Plan constitutes an amendment to the portion of the Concept Plan for PD -93
encompassing the Property, which amendment is hereby approved.
B. Buildine Elevations: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "C."
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not
expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling.
' SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance, or of the Allen Land Development Code Zoning Regulations, 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
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ordinance or the Allen Land Development Code Zoning Regulations, 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 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 of
the City of Allen, 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 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 13 T DAY OF NOVEMBER, 2012.
APPROVED AS TO FORM:
��Peter G. Smith, C ATTORNEY
APPROVED:
��
Stephen Terrell, MAYOR
ATTEST:
���Shelley B. G e, TRMC, SECRETARY
Ordinance No. 3120-11-12, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' Being a 4.945 acretract of land situated in the L.K. Pegues Survey, Abstract No. 702, in the Clty of Allen,
Collin County, Texas, and being part of Tract 3, called 19.84 acres, described In Deed to Cottonwood
Creeks Investments, Ltd., Recorded in 5858, Page 100 of the Deed Records Collin County, Texas, said
4.945 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a K' ion rod found for the northeast comer of mid 19.84 acre tract, being the common
northwest corner of that tract of land described in Deed to the City of Allen, recorded In Volume 6036,
Page 4698, of the Deed Records Collin County, Texas:
THENCE, along the east line of said Cottonwood Creeks Investments, Ltd. Tract and the common west
ling of mid City of Allen tract, the following courses:
S 09.52'16" E, a distance of 424.20 feet to a W iron rod found for comer;
S 20'51'15" E, a distance of 107.64 feet to a W iron rod found for comer;
S 03'4923" E, a distance of 24.26 feet to a R" iron rod with yellow plastic tap stamped "Carter
Burgess" set at the northeast corner of Villas of Cottonwood Creek Phase 1, recorded in Cabinet
20136, Page 743 of the Plat Records of Collin County, Texas;
THENCE, departing mid common line, along the north line of mid Villas of Cottonwood Creek Phase 1,
the following courses:
' S 89'24'30" W, a distance of 85.83 feet to a 3f" iron rod with yellow plastic cap stamped "Carter
Burgess" set for comer:
N 89'25'32" W, a distance of 290.34 feet to a %' imn rod with yellow plastic cap stamped
"Carter Burgess" set for comer;
N 00'34'28' E, a distance of 80.00 feet to a W ion rod with yellow plastic up stamped "Carter
Burgess' set for corner;
N 45'34'28" E, a distance of 21.21 feet to a W Iron rod with yellow plastic up stamped "Carter
Burgess" set for corner;
S 89'25'32' E, a distance of 10.00 feet to a R" Iron rod with yellow plastic cap stamped "Carter
Burgess" set for corner;
N 00'34'28' E, a distance of 40.00 feet to a X" imn rod with yellow plastic cap stamped 'Carter
Burgess' set for corner;
N89'25'3Y W, a distance of 10.00 feet to a R" iron rod with yellow plastic cap stamped "Carter
Burgess" set for comer;
Ordinance No. 3120-I1-12, Page 3
EXHIBIT "A"
LEGAL DESCRIPTION (Cont.)
N 44'23'34" W. a distance of 21.20 feet to a is" iron rod with yellow plastic cap stamped "Carter
Burgess" set for the beginning of a non -tangent curve to the right;
Northeasterly, along said non -tangent curve to the right having a radius of 230.00 feet, a delta
angle of 02'01'05", a long chord that bears N 02'17'03" E, a distance of 8.10 feet, an arc
distance of 8.10 feet to a 35" iron rod with yellow plastic up stamped "Carter Burgess" set for
comer,
N 86'42'24" W, a distance of 40.00 feet to a W iron rod with yellow plastic cap stamped "Carter
Burgess' set for the beginning of a non -tangent curve to the left;
Southwesterly, along said non -tangent curve to the left having a radius of 270.00 feet, a delta
angle of 02'07'20', a long chord that beans 5 02'13'56" W, a distance of 10.00 feet, an arc
distance of 10.00 feet to a %- Iron rod with yellow plastic up stamped "Carter Burgess" set for
corner;
5 45'36'09' W, a distance of 21.22 feet to a W iron rod with yellow plastic cap stamped "Carter
Burgess- set for comer,
N 89'25'32" W. a distance of 60.00 feet to a W Iron rod with yellow plastic up stamped "Carter
Burgess" set for corner;
N 44'2532" W, a distance of 35.36 feet to a W iron rod with yellow plastic up stamped "Carter
Burgess" set for corner in the east right-of-way line of Curtis lane;
THENCE 3" said east right-of-way line the following courses;
N 04'32'26" E. a distance of 144.57 feet to a t4" iron rod with yellow plastic up stamped "Carter
Burgess" set for comer,
N 00'34'28" E, a distance of 179.47 feet to a W Iron rod with yellow plastic up stamped "Carter
Burgess" set for corner;
N 45'14'05" E, a distance of 64.02 feet to a %" iron rod with yellow plastic up stamped 'Carter
Burgess" set for comer in the south right-of-way line of Stacy Road;
THENCE along said south right-of-way Ane the following courses:
N 89'53'41" E, a distance of 180.00 feet to a X" iron rod with yellow plastic cap stamped "Carter
Burgess" set for corner;
N 86"04'59" E, a distance of 150.42 feet to a %" iron rod with yellow plastic cap stamped "Carter
Burgess" set for corner;
N 89'53'41" E, a distance of 13.11 feet the point of beginning, and containing 4.945 acres of
' land, more or less.
Ordinance No. 3120-11-12, Page 4
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EXHBTT "B"
CONCEPTPLAN
Ordinance No. 3120.11-12 Page 5
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