O-2616-4-07ORDINANCE NO. 26164-07
' 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
GRANTING A CHANGE IN ZONING FROM "R-5" RESIDENTIAL DISTRICT TO
"CF" COMMUNITY FACILITIES DISTRICT ON 5.9161 ACRES OF LAND IN THE
PETER WETSEL SURVEY, ABSTRACT NO. 990; PROVIDING FOR A REPEALING
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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, 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended, should be further 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,
Texas, as amended, is hereby amended by granting a change in zoning from "R-5" Residential District to "CF"
Community Facilities District on 5.916± acres of land in the Peter Wetsel Survey, Abstract No. 990, City of
Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto, and being made a part
hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Allen Land
Development Code Zoning Regulations, as amended herein.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas.
SECTION 4. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and
the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not m conflict
herewith shall remain in full force and effect.
SECTION 5. 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 6. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 7. 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 the Allen Land Development Code of the City of Allen, as
amended, and upon conviction shall be punished by a fore not to exceed the sum of two thousand dollars ($2,000)
for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTIONS. 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 10TH DAY OF APRII, 2007.
APPROVED:
Step en
,MAYOR'
1
APPROVED AS TO FORM:
Peter G. Smith, CM ATTORNEY
ATTEST:
Shelley B. Georg�,� SECREf"Y
Ordinance No. 2616.4-07, Page 2
EXHBIT "A"
' THE HARVEST ADDITION
LEGAL DESCRIPTION
BEING a tract of land situated in the Peter Wetsel Survey, Abstract No 990, Collin County, Texas, and
being part of Fountain Park Second Section as recorded in Volume 8, Page 67 of the Plat Records of Collin
County, Texas, and also being all of a tract conveyed to Fountain Park Baptist Church as recorded in Volume
3399, Page 819 of the Deed Records of Collin County, Texas, and being more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set for corner at the intersection of the south Right of Way line of
Riverorest Blvd. (50' ROW) and the west ROW line of a 15 foot Alley as dedicated on said Fountain Park
Second Section, said iron rod being North 89 degrees 56 minutes 47 seconds West a distance of 15.00 feet
from the northwest corner of Lot 8, Block 7 of said Fountain Park Second Section, said iron rod being at the
beginning of a curve to the right with a chord bearing South 15 degrees 32 minutes 43 seconds West a chord
distance of 36.06 feet;
THENCE along said curve to the right following the west ROW line of said Alley through a central angle of
30 degrees 59 minutes 00 seconds a radius distance of 67.50 feet and an arc distance of 36.50 feet to a 1/2
inch iron rod found for corner;
THENCE South 31 degrees 02 minutes 13 seconds West following the west ROW line of said Alley a
distance of 553.78 feet to a 1/2 inch iron rod found for comer at the beginning of a curve to the left with a
chord bearing of South 15 degrees 32 minutes 45 seconds West a chord distance of 44.07 feet;
THENCE along said curve to the left following the west ROW line of said Alley through a central angle of
30 degrees 58 minutes 56 seconds a radius distance of 82.50 feet and an am distance of 44.61 feet to a 1/2
inch iron rod set for comer at the intersection of the west ROW line of said Alley and the north ROW line of
Pebblebrook Drive (50' ROW), said iron rod being North 43 degrees 34 minutes 24 seconds East a distance
of 0.56 feet from a 5/8 inch iron rod found;
' THENCE North 89 degrees 56 minutes 47 seconds West following the north ROW line of said
Pebblebrook Drive a distance of 345.33 feet to a 1/2 inch iron rod set for comer at the beginning of a curve to
the right with a chord bearing of North 84 degrees 42 minutes 49 seconds West a chord distance of 127.97
feet;
THENCE along said curve to the right following the north ROW line of said Pebblebrook Drive through a
central angle of 10 degrees 27 minutes 56 seconds a radius distance of 701.58 feet and an arc distance of
128.15 feet to a 1/2 inch iron rod set for corner, said iron rod being North 15 degrees 57 minutes 24 seconds
East a distance of 1.60 feet from a 1/2 inch iron rod found;
THENCE North 31 degrees 02 minutes 13 seconds East a distance of 649.03 feet to a "X" cut set in
concrete for corner in the south ROW line of said Riverorest Blvd., said "X' cut being in a curve to the left with
a chord bearing of South 84 degrees 00 minutes 13 seconds East a chord distance of 155.63 feet;
THENCE along said curve to the left following the south ROW line of said Pebblebrook Drive through a
central angle of 11 degrees 53 minutes 08 seconds a radius distance of 751.58 feet and an arc distance of
155.91 feet to a 1/2 inch iron rod set for comer;
THENCE South 89 degrees 56 minutes 47 seconds East following the south ROW line of said
Pebblebrook Blvd. a distance of 290.34 feet to the POINT OF BEGINNING and containing 257,685 square
feet or 5.916 acres of land.
Ordinance No. 26164-07, Page 3