O-2491-2-06ORDINANCE NO. 2491-2-06
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 PLANNED DEVELOPMENT NO. 39 FOR TRACT 2 FROM IT
INDUSTRIAL TECHNOLOGY, AND PLANNED DEVELOPMENT NO. 43 TRACT
1 FROM IT INDUSTRIAL TECHNOLOGY BY GRANTING A CHANGE IN
ZONING TO "113" RESIDENTL4,L USES; BEING 78.63f ACRES IN THE
FRANCES DOSSER SURVEY, ABSTRACT 280, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED; PROVIDING FOR A CONCEPT PLAN ATTACHED AS EXHIBIT
"B'; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS
EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABIdTY 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 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 granting a change in zoning for tract 2 of PD Planned Development No.
39, from "IT' Industrial Technology and tract 1 of PD Planned Development No. 43, from `9T Industrial
Technology uses to "R-3" Residential uses, consisting of 78.63± acres in the Frances Dosser Survey, Abstract
No. 280, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto.
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the
Concept Plan attached as Exhibit "B," and the Development Regulations attached as Exhibit "C", and which
are hereby approved.
SECTION 3. 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 4. 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 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, fum 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 7. 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 28r a DAY OF FEBRUARY, 2006.
APPROVED:
"a 4=
tephen''errell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter Shelley B. George, 4C, CITY SECRETARY
Ordinance No. 2491-2-06, Page 2
EXMIT "A"
LEGAL DESCRIPTION
' BOUNDARYSURVEY
A tract or parcel of land situated in the Francis Dosser Survey, Abstract 280, in Collin County, Texas, being
the called 47.253 acres tract described in the deed to Charles B. Bush recorded in Volume 1598 Page 373 in
the Collin County Deed Records (CCDR), and also including the called 31.377 acres tract described in the
deed to George W. Bush recorded in Volume 1598 Page 370 in the CCDR, and being more particularly
described as follows:
BEGINNING at an iron rod found at the northwest comer of said 47.253 acres tract in the center of a rock
road, being also the southwest corner of Lot I Block A of "Starcreek Commercial", an addition to the City of
Allen recorded in Cabinet Q Page 511 in the Collin County Plat Records (CCPR);
THENCE North 89049'28" East, 1286.09 feet along the south side of said "Starcreek Commercial" addition
and along the south side of the Tract B called 15.484 acres described in the deed to Blue Star Allen Land, LP,
recorded as Document Number 2004-0044106 in Volume 5638 Page 5196 in the CCDR, to a set''/x inch iron
rod with C&P cap;
THENCE Southerly an are, distance of 410.27 feet along the west right-of-way line of Watters Road (60'
wide right-of-way) as described in the Watters Road And Ridgeview Drive addition, an addition to the City
of Allen recorded in Cabinet Q Page 472 in the CCPR, and along a non -tangent curve to the right with a
radius of 1000.00 feet, a central angle of 23030'24", the chord of which bears South 11037'10" East for a
distance of 407.40 feet to a set/ inch iron rod with C&P cap;
' THENCE South 00008'02" West, 2096.36 feet continuing along the said west line of Watters Road to a found
V: inch iron rod;
THENCE South 89°38'50" West, 1371.90 feet along the north side of the called 37.418 acres tract described
in the deed to Paul and Virginia Lehner recorded as Document Number 92-0083443 in the CCDR to a found
'/s inch iron rod;
THENCE North 00100'00" East, 614.83 feet along the center of County Road 150 to a found '/, inch iron rod;
THENCE North 00015'44" East, 383.46 feet continuing along the center of County Road 150 to a found '%
inch iron rod at the northwest comer of said 31.377 acres tract and the southwest comer of said 47.235 acres
tract;
THENCE North 00°1544" East, 1501.64 feet continuing along the center of County Road 150 to the POINT
OF BEGINNING and CONTAINING 3414895 square feet or 78.3952 acres of land, more or less.
Ordinance No. 2491-2-06, Page 3
I
EXMBIT `B"
CONCEPTPLAN
Ordinance No. 2491-2-06, Page 4
EXHIBIT"C"
DEVELOPMENT REGULATIONS
' The property shall be used and developed in accordance with the zoning regulations for the Single -Family R-
3 Zoning District in the Allen Land Development Code, and the Concept Plan attached hereto as Exhibit `B"
and which is hereby approved, except as otherwise provided below:
F
1
I. Maximum number of single family lots shall be 168.
2. Minimum living area per unit shall be 3000 square feet
3. Minimum side yard shall be 8 feet
4. Maximum lot coverage shall be 55%
5. Screening wall shall match the adjacent subdivision, Saddleridge.
6. Required open space shall be consolidated into one (1) area.
Ordinance No. 2491-2-06, Page 5