O-2476-1-06ORDINANCE NO. 2476-1-06
' 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 SIDE YARD SETBACK REQUIREMENTS FOR TRACT B BY
AMENDING SECTION 2B, ORDINANCE NO. 2322-8-04, AMENDING PLANNED
DEVELOPMENT NO. 93, BEING 12.86± ACRES IN THE L.K. PEGUES SURVEY,
ABSTRACT NO. 702 AND THE F.C. WH.METH SURVEY, ABSTRACT NO. 999,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING 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 Section 2B of Ordinance No. 2322-8-04, Planned
Development No. 93, being 12.86± acres in the L. K. Pegues Survey, Abstract No. 702 and the F. C. Wilmeth
Survey, Abstract No. 999, City of Allen, Collin County, Texas, and being further described in Exhibit "A"
attached hereto and made a part hereof for all purposes, to read as follows:
"B. Base Zonin¢ Districts. Tract A, consisting of 19.84 acres, shall be used and developed only in
accordance with the zoning regulations for TH Townhome Residential District. Tract B, consisting of
12.86 acres, shall be used and developed only in accordance with the zoning regulations for R-7
Single Family Residential District, except the minimum Lot Area shall be 3500 square feet, the
minimum Lot Width shall be 35 feet, with a minimum ten feet (10') separation of structures and 10
feet (10') from exterior lot line."
SECTION 2. 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 in
conflict herewith shall remain in full force and effect.
' 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.
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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 Dim DAY OF JANUARY, 2006.
APPROVED AS TO FORM:
Peter G. Smith, CIWATTORNEY
APPROVED:
'v.l 2
Stephen Terrell, MAYOR
ATTEST:
Shelley B. C3eeW TRMC, CITTWECRETARY
Ordinance No. 2476-1-06, Page 2
EIOIIBIT "A"
LEGAL DESCRIPTION
' TRACT B — R-7 PATIO HOMES
BEING a tract of land situated in the L.K. Pegues Survey, Abstract No. 702 and the F.C. Wilmeth Survey,
Abstract No. 999, Collin County, Texas, and being a portion of two tracts of land as described in instruments
to Wycliffe Bible Translators, hie. and recorded in Volume 1087, Page 185, and Volume 1150, Page 228, of
the Land Records of Collin County, Texas and being more particularly described as follows:
COMMENCING at a 5/8 inch rod set at the intersection of the westerly line of a tract of land as described in
instrument to Wycliffe Bible Translators, Inc., as recorded in Volume 1087, Page 185, of the Land Records
of Collin County, Texas, with the south right-of-way line of Stacy Road as established by Right -of -Way
Dedication Deed to the City of Allen and recorded in Volume 4692, Page 2624, of the Land Records of
Collin County, Texas;
Thence South 00 degrees 34 minutes 28 seconds West along the west line of the said Wycliffe tracts a
distance to 1,212.47 feet to the POINT OF BEGINNING;
THENCE, departing the west line of the Wycliffe tract North 86 degrees 04 minutes 18 seconds East a
distance of 291.33 feet to a 5/8 inch iron rod set;
THENCE, South 82 degrees 51 minutes 47 seconds East a distance of 44.90 feet to a 5/8 inch iron rod set;
THENCE, South 39 degrees 52 minutes 28 seconds East a distance of 65.31 feet to a 5/8 inch iron rod set;
' THENCE, South 81 degrees 53 minutes 19 seconds East a distance of 48.59 feet to a 5/8 inch iron rod set
THENCE, South 14 degrees 31 minutes 28 seconds East a distance of 64.28 feet to a 5/8 inch iron rod set;
THENCE, South 75 degrees 17 minutes 22 seconds East a distance of 123.24 feet to a 5/8 inch iron rod set;
THENCE, South 50 degrees 51 minutes 14 seconds East a distance of 86.52 feet to a 5/8 inch iron rod set;
THENCE, South 23 degrees 23 minutes 42 seconds East a distance of 69.45 feet to a 5/8 inch iron rod set;
THENCE, South 70 degrees 56 minutes 45 seconds East a distance of 72.42 feet to a 5/8 inch iron rod set;
THENCE, South 44 degrees 44 minutes 05 seconds East a distance of 124.50 feet to a 5/8 inch iron rod set;
THENCE, North 59 degrees 04 minutes 30 seconds East a distance of 148.28 feet to a 5/8 inch iron rod set;
THENCE, South 35 degrees 47 minutes 16 seconds East a distance of 163.69 feet to a 5/8 inch iron rod set;
THENCE, South 35 degrees 47 minutes 16 seconds East a distance of 59.38 feet to a 5/8 inch iron rod set;
THENCE, South 19 degrees 18 minutes 59 seconds West a distance of 243.07 feet to a 5/8 inch iron rod set;
THENCE, North 89 degrees 55 minutes 00 seconds West a distance of 591.74 feet to a 5/8 inch iron rod set;
THENCE, South 62 degrees 38 minutes 29 seconds West a distance of 247.16 feet to a 5/8 inch iron rod set
on the easterly line of a tract of land described in instrument to Allen/Quail Run L.P. and recorded in Volume
Ordinance No. 2476-1-06, Page 3
5547, Page 4493, of the Land Records of Collin County, Texas, and being the beginning of a non -tangent
curve to the right having a radius of 1,633.32 feet;
' THENCE, in a northerly direction along said curve to the right through a central angle of 14 degrees 31
minutes 35 seconds, an arc length of 414.10 feet, being subtended by a chord of North 19 degrees 45 minutes
18 seconds West for a distance of 413.00 feet to a 5/8 inch iron rod set;
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THENCE, along said curve to the right through a central angle of I 1 degrees 47 minutes 47 seconds, an we
length of 336.28 feet, being subtended by a chord of North 06 degrees 35 minutes 34 seconds West for a
distance of 335.69 feet to a 5/8 inch iron rod found;
THENCE, North 00 degrees 34 minutes 26 seconds East a distance m 91.28 feet to the POINT OF BEGINNING and
CONTAINING 12.86 acres of land, more or less.
Ordinance No. 2476-1-06, Page 4