O-3056-1-12ORDINANCE NO. 3056-1-12
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 BY CHANGING THE ZONING OF A
61.2401 ACRE TRACT OF LAND IN THE HENRY BRADENBURG SURVEY,
ABSTRACT NO. 110, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED
IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B," ATTACHED HERETO; FROM
AGRICULTURE -OPEN SPACE "A -O" TO SINGLE FAMILY RESIDENTIAL "R-5";
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABH.ITY CLAUSE; PROVIDING SAVINGS CLAUSE; PROVIDING FORA
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 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 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 changing the zoning of a 61.240± acre tract of land in the Henry
Bredenburg Survey, Abstract No. 110, City of Allen, Collin County, Texas described in Exhibit "A" and
depicted in Exhibit `B," respectively, attached hereto and incorporated herein by reference ("the Property")
from Agriculture -Open Space "A -O" to Single Family Residential "R-5" . 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 by this ordinance.
SECTION 2. In the event of an irreconcilable conflict between the provisions of another previously
adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and
development of the Property, the provisions of this Ordinance shall be controlling.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Allen Land Development Cade, 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 4. 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 5. 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 & 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 ALIEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF JANUARY, 2012.
APPROVED AS TO FORM:
Peter G. Smith, OM ATTORNEY
ATTEST:
Shelley B. ceofjgi, TRMC, CITYSECRETARY
Ordinance No. 3056-1-12, Page 2
EXHIBIT "A"
' Description of the Property
BEING A 61.240 ACRE TRACT OF LAND SITUATED IN THE HENRY BRANDENBURG,
ABSTRACT NO. 110, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING ALL OF
LOTS 1 (save and except Stacy Road dedication recorded in County Clerk's File No. 2000-
0058322, Land Records, Collin County, Texa8),3,4,5 (save & except Watters Road dedication
recorded in County Clerk's File No. 2004-0020239, Land Records, Collin County, Texas), 6, 7,
8, 9, 10, PART OF LOT 11, OF KITTYHAW K ESTATES, AN ADDITION TO THE CITY OF
ALLEN, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 802, PAGE
334, LAND RECORDS RECORDS, COLLIN COUNTY, TEXAS, SAID 61.240 ACRE
TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 10, KTTTYHAWK
ESTATES, SAID POINT BEING THE SOUTHEAST CORNER OF WATERFORD PARKS
PHASE 4 AN ADDITION TO THE CITY OF ALLEN ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET 2006, PAGE 181, MAP RECORDS, COLLIN
COUNTY, TEXAS;
THENCE, NORTH 00 DEGREES. 04 MINUTES 00 SECONDS WEST, ALONG THE
COMMON WEST LINE OF SAID KM-YHAWK ESTATES, THE FAST LINE OF SAID
WATERFORD PARKS PHASE 4, AND THE EAST LINE OF WATERFORD PARKS
PHASE 2A EAST, AN ADDITION TO THE CITY OF ALLEN ACCORDING TO THE PLAT
THEREOF RECORDED IN CABINET P, PAGE 349, MAP RECORDS, COLLIN COUNTY,
TEXAS, A DISTANCE OF 2117.04 FEET TO A POINT FOR THE NORTHWEST CORNER
OF AFORESAID LOT 6, KTTTYHAWK ESTATES;
THENCE, ALONG THE NORTH LINE OF SAID KITTYHAWK ESTATES AND THE
COMMON SOUTH LINE OF WATERFORD PARKS PHASE 1, AN ADDITION TO THE
CITY OF ALLEN ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M,
PAGE 461, MAP RECORDS, COLLIN COUNTY, TEXAS, THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 89 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE OF 592.73
FEET TO A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID LOT
6 AND THE COMMON NORTHWEST CORNER OF AFORESAID LOT 11,
KTTTYHAWK ESTATES;
SOUTH 89 DEGREES 05 MINUTES 00 SECONDS EAST, A DISTANCE OF 200.03
FEET TO
A POINT FOR CORNER AT THE NORTHEAST CORNER OF SAID LOT 11 AND
THE COMMON NORTHWEST CORNER OF AFORESAID LOT 1, KITTYHAWK
ESTATES;
SOUTH 89 DEGREES 32 MINUTES 10 SECONDS EAST, A DISTANCE OF 171.76
FEET TO A POINT FOR CORNER IN THE SOUTH RIGHT-OF-WAY LINE OF
STACY ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AS CONVEYED TO THE
CITY OF ALLEN BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2000 -
Ordinance No. 3056-1-12, Page 3
EXHIBIT "A"
' Description of the Property (coot.)
0058322, LAND RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS
OF 2620.29 FEET, A CENTRAL ANGLE OF 03 DEGREES 22 MINUTES 32
SECONDS, A CHORD THAT BEARS SOUTH 72 DEGREES 57 MINUTES 41
SECONDS EAST, A CHORD DISTANCE OF 154.35 FEET;
THENCE,ALONG SAID NON -TANGENT CURVE TO THE LEFT, ALONG SAID SOUTH
RIGHT-OF-WAY LINE AND OVER AND ACROSS AFORESAID LOT 1, KITTYHAWK
ESTATES, AN ARC LENGTH OF 154.37 FEET TO A POINT FOR CORNER AND THE
BEGINNING OF A NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF
2270.00 FEET, A CENTRAL ANGLE OF 06 DEGREES 28 MINUTES 33 SECONDS, A
CHORD THAT BEARS SOUTH 80 DEGREES 03 MINUTES 44 SECONDS EAST, A
CHORD DISTANCE OF 256.43 FEET:
Ordinance No. 3056-1-12, Page 4
THENCE, ALONG SAID NON -TANGENT CURVE TO THE LEFT AND CONTINUING
ALONG SAID SOUTH RIGHT-OF-WAY LINE AND OVER AND ACROSS AFORESAID
LOT 1, KITTYHAWK ESTATES, AN ARC LENGTH OF 256.57 FEET TO A POINT FOR
CORNER;
THENCE, SOUTH 41 DEGREES 12 MINUTES 53 SECONDS EAST, ALONG SAID SOUTH
RIGHT-OF-WAY LINE AND OVER AND ACROSS AFORESAID LOT 1, KITTYHAWK
ESTATES, A DISTANCE OF 31.60 FEET TO A POINT FOR CORNER ON THE EAST LINE
OF SAID KITTYHAWK ESTATES AND BEING ON THE WEST LINE OF WATERFORD
'
TRAILS PHASE 11, AN ADDITION TO THE CITY OF ALLEN, ACCORDING TO THE
PLAT THEREOF RECORDED IN CABINET P, PAGE 428, MAP RECORDS, COLLIN
COUNTY, TEXAS;
THENCE,. SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE
COMMON SAID EAST LINE OF KITTYHAWK ESTATES AND THE WEST LINE OF
SAB) WATERFORD TRAILS PHASE H. A DISTANCE OF 470.16 FEET TO A POINT FOR
THE COMMON SOUTHEAST CORNER OF SAID LOT 1 AND THE NORTHEAST
CORNER OF LAT 2, KITTYHAWK ESTATES;
THENCE, SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID LOT 1 AND THE NORTH LINE OF SAID IAT 2,
PASSING AT A DISTANCE OF 592.2 FEET THE COMMON SOUTHWEST CORNER OF
SAID LOT 1 AND THE NORTHWEST CORNER OF SAID LOT 2, AND CONTINUING
OVER AND ACROSS AFORESAID LOT 11 A TOTAL DISTANCE OF 723.31 FEET TO A
POINT FOR CORNER;
THENCE, SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST, OVER AND ACROSS
SAID LOT 11, A DISTANCE OF 323.00 FEET TO A POINT FOR CORNER;
THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, PASSING AT A
DISTANCE OF 131.02 FEET THE COMMON SOUTHWEST CORNER OF SAID LAT 2
AND THE NORTHWEST CORNER OF AFORESAID SAID LOT 3, KITTYHAWK
'
ESTATES AND ALONG THE COMMON SOUTH LINE OF SAID LOT 2 AND THE NORTH
LINE OF SAID LOT 3 A TOTAL DISTANCE OF 723.12 FEET TO A POINT FOR THE
Ordinance No. 3056-1-12, Page 4
EXHIBIT "A"
' Description of the Property (coat.)
SOUTHEAST CORNER OF LOT 2 AND THE COMMON NORTHEAST CORNER OF LOT
3, SAID POINT BEING ON THE WEST LINE OF SAID WATERFORD TRAMS PHASE IL
THENCE, SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG THE
COMMON EAST LINE OF KITTYHAWK ESTATES AND THE WEST LINE OF SAID
WATERFORD TRAMS PHASE 2 AND THE WEST LINE OF A TRACT OF LAND
CONVEYED TO QUAIL RUN ALLEN HOMEOWNERS ASSOCIATION, INC., BY DEED
RECORDED IN COUNTY CLERK'S FILE NO.20070326000402700, OFFICIAL PUBLIC
RECORDS, COLLIN COUNTY, TEXAS, A DISTANCE OF 1071.18 FEET TO A POINT FOR
CORNER ON THE WEST LINE OF WATTERS ROAD (A 120 FOOT RIGHT-OF-WAY);
THENCE, SOUTH 12 DEGREES 38 MINUTES 09 SECONDS WEST, ALONG THE SAID
WEST LINE OF WATTERS ROAD AS CONVEYED TO THE CITY OF ALLEN BY DEED
RECORDED IN COUNTY CLERK'S FILE NO. 20040020239, LAND RECORDS, COLLIN
COUNTY, TEXAS AND OVER AND ACROSS AFORE SAID LOT 5, KITTYHAWK
ESTATES, A DISTANCE OF 137.14 FEET TO A POINT FOR CORNER ON THE SOUTH
LINE OF SAID LOT 5 AND THE NORTH LINE OF A TRACT OF LAND CONVEYED TO
THE CITY OF ALLEN BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 2002-
0035987, LAND RECORDS, COLLIN COUNTY, TEXAS;
'
THENCE, NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE
COMMON SOUTH LINE OF SAID KITTY HAWK ESTATES AND THE COMMON
NORTH LINE OF SAID CITY OF ALLEN TRACT, PASSING AT A DISTANCE OF 791.38
FEET THE NORTHWEST CORNER OF SAID CITY OF ALLEN TRACT AND BEING THE
COMMON SOUTHWEST CORNER OF SAID LOT 11 AND THE SOUTHEAST CORNER
OF SAID LOT 10, KITTY HAWK ESTATES AND CONTINUING ALONG THE SAID
SOUTH LINE OF KITTY HAWK ESTATES AND THE COMMON NORTH LINE OF A
195.965 ACRE TRACT OF LAND CONVEYED BY DEED TO BRIAR RIDGE
INVESTMENTS INC. RECORDED IN COUNTY CLERK'S FILE NO. 92-0019155, LAND
RECORDS, COLLIN COUNTY, TEXAS, A TOTAL DISTANCE OF 1353.00 FEET TO THE
POINT OF BEGINNING AND CONTAINING 61.240 ACRES OF LAND MORE OR LESS.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO
CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY CREATION OR
RECONFIGURATION OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS
PREPARED.
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Ordinance No. 3056-1-12, Page 5
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EXHIBIT "B"
Depiction of prop _ __ries
Ordinance No. 3056-1-12, 6
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Ordinance No. 3056-1-12, 6