O-2368-1-05ORDINANCE NO. 2368-1-05
' 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 DEVELOPMENT REGULATIONS FOR PROPERTY ZONED
PLANNED DEVELOPMENT NO. 55, FOR TRACT 2, BEING 15.2153 ACRES
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A
SEVERABIM 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 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 and Zoning Map of the City of Allen, Texas, be amended
by amending the Development Regulations for Planned Development No. 55, for Tract 2, consisting of 15.215±
acres and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. The Development Regulations for Tract 2 shall be amended as follows:
A. Side yard setback on the north end of the property shall be 25 feet provided the combined
side yard setbacks for internal buildings has a 50 -foot minimum distance between the
buildings with the side yard setback allowed to vary on a per lot basis.
B. Landscaping setback from the center of Watters Creek shall be 75 feet.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code, as heretofore amended, and as amended herein; and in accordance with Planned
Development No. 55, as heretofore amended, and as amended herein.
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the same are hereby, repealed; provided, however, Planned Development No. 55, as heretofore amended, and as
amended herein, all other provisions of said ordinances not in 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, 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.
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 TBE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25M DAY OF JANUARY 2005.
APPROVED:
X�� 4LK
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
sa9=� DLLt «-
' Peter G. Smith, CUrfATTORNEY She ey B. George, C, CITY SECItETARY
Ordinance No. 2368-1-05 Page 2
EXHIBITMA"
LEGAL DESCRIPTION
nE a is.21sl sore treat of lead tituarad in she MlQ)ali, t 513311"s3di671K2
no."
. 943, oulldMonty. on
ty. Taxes. and being a portion Of a tram at land
designated as Trent 5 in a xerraoty Lead to Mien Central, Ltd., filed 1/16/96,
trader county C1etR's Me a0. 96-0003739, Land Eseords of Collin Cmmty, Total
wad Mint were particularly dismilhad as folleve:
EOCIaA1W at a 1/2• iron red ret at the interaetmM of the wrt right-of-wy
if= of Matters said 1. 125' R.O.K. at this point) and the north right -Of -Cary
line of Mthany Mord la 6o- R.O.M.), aeC Ming the southraat occas, of sale
Truer z:
TIVERM M 07 des. 52 won. 19 aer. W. alms, the With right-Of-wy line a said
somany ROW, a di.[ance of 325.00 feet to a 1/2• iron rod fount far e..Wr:
WEMs n 09 les. 30 lan. 32 sec. W. continuing a:ong the north right-of-wy
line of said sithany Road, • difeance Of 209.49 felt t0 • Simat for tamer in
the east line of Matters trailing X. eccordiag to the plat thereof recorded in
Cahioet a, glide 105. L.R.C.C.T.;
7MraCa romherly, slang he ..at It.. of said Matters eraising t, tram, the
folloelot thirty ons IL61 tour...
(1) A 44 deo. 2s win. 00 so, S. a disoaWs of 95.0 fast to a point fox,
comer:
12) A 13 deg. 42 aim. W sac. X. a distance of 99.36 fast to a paint for
remre,
' 111 M 69 deg. 42 aid. 00 ser. M, a dlstar¢e of 100.10 feet to a poles for
[em.e:
(4) A 11 deo. 52 We. 00 sot. W. a dfstanno of 150.90 feat to a point for
.1:
151 a 24 ds,. 41 van- 00 aso. E, a dia<aWs of 11).10 fast to a pain[ for
ratn¢r;
(6) A 15 dtg. 30 ads. 00 aer, W. a distance of 67.30 fall to a paint far
Career:
(7) M 27 dp. W tin. CO aa[. M, a dintanea of 93.70 feet. to a paint far
CamaT:
{6) M 11 deo. a9 awe. 00 aa[. M, a di.t. M 103.26 flit Gs a poiat for
rOTGT:
191 M 74 deo. 44 lin. 00 net. M, a distance of 71.50 feet to a point for
[Orur;
1301 M 24 are. 41 min. DD me. M, a distance. of [S.36 fent t0 a point far
coTMT:
Ordinance No. 2365-1-05, Page 3
I
Ordinance No. 2368-1-05, Page 4
Ill: N :-0 deg.
23 nin. 00
sec, L,
a distance
of
234.90
feet to
a point for
corner:
U11 V 27 deg.
12 min, 00
sec. E.
a distance
of
78.00
feet to
a point
for
corner:
M) N 48 deg.
4� no. 00
see. L.
a dietenea
of
61.10
feet to
a point
for
Cerner:
1141 N )l dig.
54 min. 00
sec- E.
a distance
of
94.46
feet to
a point
for
...or;
(151 N i5 deg.
09 rain. 00
see. Z.
a distance
of
67.75
feet to
s {mint
for
corner:
(161 V 14 deg.
04 ei n. 00
sec. E,
a distance
a
84.60
feet to
a point
for
corner.
S 89 deg. 05 min.
27 sec. 3,
a distance
of 445.86
fret Is
a 1/1"
iron rod set
for corner in the
vasesight-of-vay
tine of said
vectere :Foss;
raFaCL worives cerly,
along
the vest
[Jett-rf.vay
line of said
Matt4:ra
Road the
following tire.
131 calls;
M S 00 deg.
64 min. )2
sac N,
a distance
of
661.13
feet to
• 2/2`
iron red
found for corder:
(2) S 03 deg.
41 sin. )9
sec. v,
a distance
of
)50.04
feet to
• 112-
iron: rod
est for corner:
(3; S 00 Seg.
54 man. 32
• . R,
a distance
of
225.00
feet to
the 9OIh: OF
BEJI:nl I)10 and MnGinin3 662!770
eq.
It, or 15.2151
acres of land.
'
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Ordinance No. 2368-1-05, Page 4