O-3034-9-11ORDINANCE NO. 3034-9-11
' 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 AMENDING THE CONCEPT PLAN AND DEVELOPMENT REGULATIONS
RELATING TO A PORTION OF TRACT "A" OF PLANNED DEVELOPMENT
NO. 98 (PD -98) ZONED SINGLE FAMILY RESIDENTIAL "R4"; SAID
PROPERTY BEING 14.4661 ACRES IN THE MARY STANDIFER SURVEY,
ABSTRACT NO. 812, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 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 THIN 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 amending the Concept Plan and Development Regulations relating to a
portion of Tract "A" of Planned Development No. 98 (PD -98) presently zoned Single Family Residential "R4';
said property being 14.4661 acres in the Mary Standifer Survey, Abstract No. 812, Collin County, Texas, and
being further described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property"),
said amendments to be as follows:.
A. The Property shall be developed and used only in accordance with the Concept Plan attached
hereto as Exhibit `B" and which is hereby approved.
B. No sidewalk shall be constructed along the west side of Prism Drive.
SECTION 2. Except as amended by Section 1, above, the Property shall continue to be used only in the
manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations and PD -
98, as previously amended.
SECTION 3. 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 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
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or unconstitutional, the same shall not affect the validity of the remaining portions of said 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 state law, 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 27'u DAY OF SEPTEMBER, 2011.
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Peter G. Smith, CITY ATTORNEY
APPROVED:
Stepheff Terrell, MAYOR
ATTEST:
,mss
Shelley B. George, C, CITY S TARY
Ordinance No. 3034-9-11, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' WHEREAS, RIVER TRAIL ESTATES, LTD., is the owner of a tract of land situated in the Mary
Standifer Survey, Abstract No. 812, in the City of Allen, Collin County, Texas, being part of a
168.067 acre tract, as described in Clerks File No. 93-0061249, in the Deed Records of Collin
County, Texas, being more particularly described as follows:
BEGINNING, at a %: inch iron rod found at the most southerly southwest comer of Cumberland
Crossing Phase I, an addition to the City of Allen, as described in Volume 2006, Pages 858-859, in
the Plat Records of Collin County, Texas, being in the south line of said 168.067 acre tract, and
being in the west line of Twin Creek Drive (Variable R.O.W.)
THENCE, North 89°41'25" West, along said south line, for a distance of 768.29 feet, to a 1/2 inch
iron rod found at the most southerly southwest corner of the 168.067 acre tract;
THENCE, North 08- 16'47" East, along the west line of the 168.067 acre tract, for a distance of
702.70 feet, to a 1/2 inch iron rod set, in the south line of said Cumberland Crossing Phase I;
THENCE, South 89°35'57" East, along the south line of said Cumberland Crossing Phase I, for a
distance of 4.67 feet, to a 1/2 inch iron rod found on a curve to the left, having a radius of 200.00
feet, a central angle of 21 °25'17", and a tangent of 37.83 feet;
THENCE, continuing along said south line and with said curve to the left for an arc distance of 74.77
feet (Chord Bearing North 15°44'32" West - 74.34 feet), to a 1/2inch iron rod found;
THENCE, North 63032'50" East, continuing along said south line, for a distance of 50.00 feet, to a
1/2 inch iron rod found on a curve to the left, having a radius of 820.00 feet, a central angle of
0900115911, and a tangent of 64.77 feet;
THENCE, continuing along said south line and with said curve to the left for an arc distance of
129.28 feet (Chord Bearing North 53041106" East - 129.15 feet), to a 1/2 inch iron rod found at the
point of reverse curvature of a curve to the right, having a radius of 130.00 feet, a central angle of
42001157", and a tangent of 49.94 feet;
THENCE, continuing along said south line with said curve to the right for an are distance of 95.37
feet (Chord Bearing North 70'1 F05" East - 93.24 feet), to a 12 inch iron rod found at the point of
tangency;
THENCE, South 88047'57" East, continuing along said south line, for a distance of 464.82 feet, to a
1/2 inch iron rod found in the west line of Twin Creeks Drive (60' R.O.W.);
Ordinance No. 3034-9-11, Page 3
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THENCE, South 01'12'03" West, along the west line of said Twin Creeks Drive, for a distance of
891.86 feet, to the POINT OF BEGINNING and containing 14.466 acres of land.
Ordinance No. 3034-9-11, Page 4
EXIMIT `B"
CONCEPTPLAN
Ordinance No. 30349-11, Page 5