O-3075-4-12ORDINANCE NO. 30754-12
' 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, AS PREVIOUSLY AMENDED, BY
CHANGING THE ZONING OF A 3.674+ ACRE TRACT OF LAND IN THE
MICHAEL LEE SURVEY, ABSTRACT NO. 544, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT
"B," ATTACHED HERETO BY REMOVING THE TRACT FROM PLANNED
DEVELOPMENT PD NO. 54 FOR INDUSTRIAL TECHNOLOGY "IT" USE, AND
CHANGING THE ZONING TO SINGLE FAMILY RESIDENTIAL `R-5";
PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A
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 removing a 3.674+ acre tract in the Michael Lee Survey,
Abstract No. 544, City of Allen, Collin County, Texas described in Exhibit "A" and depicted in Exhibit `B",
attached hereto and incorporated herein by reference ("the Property") from Planned Development PD No. 54
for Industrial Technology "IT" and changing the zoning of the Property 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 Code, 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 6. 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 ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE le DAY OF APRIL 2012.
1
APPROVED AS TO FORM:
Peter�ATTORNEY
(kWMU12 54781)
APPROVED:
4phTerrell, MAYOR
ATTEST:
Shelley B. Gee gy TRMC, CITY s9CRETARY
Ordinance No. 3075-4-12, Page 2
' EXHIBIT "A"
Description of the Property
LEGAL DESCRIPTION
BEING all that parcel of land located in the City of Allen, Collin County, Texas and being a part of the
Michael Lee Survey, Abstract Number 544, and being a part of that called 42.742 acre tract of land
described in deed to Allen Independent School District as recorded in County Clerk's Document Number
20110822000884470, Deed Records Collin County and being further described as follows:
BEGINNING at a one-half inch iron rod found in the north line of said 42.742 acro tract of land, said
point being the southeast corner of Lot 26, Block A, of Waterford Parks — Phase 4, an addition to the City
of Allen, Texas, recorded in Volume 2006, Page 181, Map Records Collin County, and said point being
the southwest comer of Lot 10 of Kittyhawk Estates Addition, an addition to the City of Allen as recorded
in Volume 802, Page 334, Deed Records Collin County;
THENCE North 89 degrees 26 minutes 43 seconds East, 375.00 feet along the north line of said 42.742
acre tract of land and along the south line of said Lot 10 to a one-half inch iron rod set for comer;
THENCE South 28 degrees 48 minutes 16 seconds Wesl, 556.43 feet to a one-half inch iron rod set for
corner;
' THENCE South 88 degrees 28 minutes 55 seconds West, 143.01 feet to a one-half inch iron rod set in the
west line of said 42.742 acre tract of land and said point being in the east right -of --way line of Hopewell
Drive (a 60 foot right-of-way);
THENCE along the west line of said 42.742 acre tract of land and along the east right-of-way line of
Hopewell Drive as follows:
Northwesterly, 161.15 feet along a non -tangent curve to the left having a central angle of 15
degrees 08 minutes 12 seconds, a radius of 610.00 feet, a tangent of 81.05 feet, and whose chord
bears North 09 degrees 05 minutes I1 seconds West, 160.68 feet to a one-half inch iron rod set
for comer;
North 16 degrees 39 minutes 18 seconds West, 254.54 feet to a one-half inch iron rod set for
comer;
Northwesterly, 83.31 feet along a tangent curve to the right having a central angle of 15 degrees
54 minutes 38 seconds, a radius of 300.00 feet, a tangent of 41.92 feet, and whose chord beers
North 08 degrees 41 minutes 58 seconds West, 83.04 feat to a one-half inch iron rod found for
corner,
North 00 degrees 44 minutes 38 seconds West. 1.81 feet to a one-half inch iron rod found for the
northwest comer of said 42.742 acre tract of land and said point being the southwest comer of
said lot 26, Block A;
THENCE North 89 degrees 29 minutes I I seconds East, 147.00 feet along the north line of said 42.742
' acre tract of land and along the south line of Lot 26, Block A to the POINT OF BEGINNING and
containing 160,051 square feet or 3.674 acres of land.
Ordinance No. 3075-4-12, Page 3
I
C
EXHIBIT'B"
Depiction of Property Boundaries
Ordinance No. 3075-4-12, Page 4