O-3076-4-12ORDINANCE NO. 3076-4-12
' 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 5.358± 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 SEVERABILITY CLAUSE; PROVIDING
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 changing the zoning of a 5.358± acre tract of land in the Henry
Brandenburg Survey, Abstract No. I10, 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-0" to Single Family Residential "R-5". The Property shall be used only in
the manner and far 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
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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 10th DAY OF APRIL 2012.
APPROVED AS TO FORM:
Peter G. Smit %, CITY ATTORNEY
o*1:MW12:M7Jn)
APPROVED:
Stephen Temil, MAYOR
ATTEST:
Ordinance No. 3076-412, Page 2
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' 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
Henry Brandenburg Survey, Abstract Number 110, and being all of Lot 2 and a part of Lot I 1 of
Kittyhawk Estates Addition, an addition to the City of Allen, Texas as recorded in Volume 802, Page 334,
Collin County Deed Records, and being further described as follows:
BEGINNING at a omo-half inch iron rod found at the northeast corner of said Lot 2, said point being the
southeast comer of Lot 1 of said Kihyhawk Estates Addition, and said point being in the west line of Lot
1, Block F, Waterford Trails Phase 11, an addition to the City of Allen, Texas, recorded in Cabinet P, Page
428, Map Records Collin County;
THENCE South 00 degrees 42 minutes 11 seconds East, 322.35 feet to a one-half inch iron rod found at
the southeast comer of said Lot 2, said point being the northeast comer of Lot 3 of said Mttyhawk Estates
Addition, and said point being in the west line of Lot 6, Block F of said Waterford Trails Phase Il;
THENCE South 89 degrees 19 minutes 22 seconds West, at 590.01 feet passing a one-half inch iron rod
found at the southwest comer of said Lot 2, in all a total distance of 723.12 feet to a point for corner,
THENCE North 00 degrees 44 minutes 12 seconds West, 323.06 feet to a point for comer;
' THENCE North 89 degrees 22 minutes 44 seconds East, at 133.46 feet passing a one-half inch iron rod
found at the northwest corner of said Lot 2, in all a total distance of 723.31 feet to the POINT OF
BEGINNING and containing 233,384 square feet or 5.358 acres of land.
BASIS OF BEARING:
The basis of bearing is derived from GPS observations using the City of Allen geodetic monuments.
(Ccordinate System: North Central Zone 4202 State Plane Coordinates, NAD83)
"This document was prepared under 22 TAC 663.23, 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 the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
Dan B. Ram
,p(y,IkPLS No. 4172
February 7
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Ordinance No. 3076-4-12, Page 3
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EXFIIBIT"B"
Depiction of Property Boundaries
Ordinance No. 3076-4-12, Page 4