O-2323-8-04ORDINANCE NO. 2323-8-04
' 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 54, ORDINANCE 1172-593, AS
HERETOFORE AMENDED, BY CHANGING THE ZONING FROM NR
RECREATION TO GO GARDEN OFFICE FOR TRACT 32E
CONSISTING OF 6.045± ACRES IN THE ALFRED SLACK SURVEY, ABSTRACT
NO. 854, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A", ATTACHED HERETO ; PROVIDING FOR THE
APPROVAL OF A CONCEPT PLAN ATTACHED HERETO AS EXHIBIT "B";
PROVIDING FOR THE APPROVAL OF ELEVATION DRAWINGS ATTACHED
HERETO AS EXHIBIT "C"; 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 properly
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 Codeand 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,
Texas, be amended by granting a change in zoning by amending Planned Development No. 54, Ordinance No.
1172-5-93, as heretofore amended, by changing the zoning from NR Neighborhood Recreation to GO Garden
Office for Tract 32E consisting of 6.045± acres in the Alfred Slack Survey, Abstract No. 854, City of Allen,
Collin County, 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 Concept Plan attached
hereto as Exhibit "B" and the Elevation Drawings attached hereto as Exhibit "C" which are hereby approved,
and in accordance with the development regulations of Planned Development 54, Ordinance No. 1172-5-93,
as heretofore amended, and as amended herein for Tract 32E, and in the manner and for the purposes
provided for in the Allen Land Development Code of the City of Allen, as heretofore amended, and as
amended herein.
' SECTION 3. Planned Development 54, Ordinance 1175-5-93, as heretofore amended, and as amended
herein shall continue in full force and effect, and all ordinances of the City of Allen in conflict with the
L
L
1
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, 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 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 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 2e DAY OF AUGUST, 2004.
APPROVED AS TO FORM:
Peter G. Smith, CITYATTORNEY
APPROVED:
Ste-pheifterrvil, MAYOR
ATTEST:
Shelley B. Georg RMC, CITY SLKCRETARY
Ordinance No. 2323-8-04, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' Being a 6.045 acre tract of land situated in the Alfred Slack survey, Abstract No. 854 in the City of Allen,
Collin County, Texas and being a portion of that remainder tract of land described in deed to Briar Ridge
Investments, Inc., recorded in County Clerks file number 92-0047288 of the deed records of Collin County,
Texas (D.R.C.C.T.). Said 6.045 acre tract being more particularly described by metes and bounds as follows:
Beginning at a 5/8" capped iron rod found in the west line of tract of land described in deed to TCGC Owner,
L.P., recorded in Count Clerks file no. 2004-0013051 D.R.C.C.T., at a southeast corner of that called 34.605
acre tract of land described in deed to Hillwood RLD, L.P., recorded in County Clerks file no. 2004-0013887,
D.R.C.C.T.
Thence, along said west line, being the common east line of said remainder Briar Ridge Investments, Inc.
tract, the following courses:
S 33039'37" E, a distance of 185.57 feet to a 5/8" iron rod capped "Carter & Burgess" set;
S 69054'15" E, a distance of 641.88 feet to a 5/8" iron rod capped "Carter & Burgess" set in the north
right-of-way line of F.M. 2170 (McDermott Road);
Thence, along said north right-of-way line, being the common south line of said remainder Briar Ridge
Investments tract, the following courses:
N 02046'49" W, a distance of 49.99 feet to a 5/8" iron rod capped "Carter & Burgess" set;
S 87016'08" W, a distance of 24.32 feet to a 5/8" capped iron rod found at the most southerly southeast
comer of said Hillwood RLD tract;
Thence, along the south line of said Hillwood RLD tract, being the common north line of said remainder
S 87047'13" W, a distance of 732.08 feet to a 5/8"
iron rod capped "Carter &
Burgess" set;
N 29°43'01"
S 87018'24" W, a distance of 498.51 feet to a 5/8"
iron rod capped "Carter &
Burgess" set;
N 02046'49" W, a distance of 49.99 feet to a 5/8" iron rod capped "Carter & Burgess" set;
S 87016'08" W, a distance of 24.32 feet to a 5/8" capped iron rod found at the most southerly southeast
comer of said Hillwood RLD tract;
Thence, along the south line of said Hillwood RLD tract, being the common north line of said remainder
Briar Ridge Investments tract, the following courses:
N 17015'44"
E, a distance of 39.96 feet tot a 5/8" capped iron rod found;
N 29°43'01"
E, a distance of 52.71 feet to a 5/8" capped iron rod found;
N 48°07'33"
E, a distance of 95.78 feet to a 5/8" capped iron rod found;
N 51022'34"
E, a distance of 192.97 feet to a 5/8" capped iron rod found;
N 64034'43"
E, a distance of 167.18 feet to a 5/8" capped iron rod found;
N 74049'10"
E, a distance of 144.55 feet to the point of beginning, and containing 6.045 acres of land,
more or less.
Ordinance No. 2323-8-04, Page 3
II
1
L
IN
M,
11 ' I
.,
e®os� p •�r�� �� '.�\ . ' r r �1�1i 11 r :. - ^.. r II II III r
Q'
� � y.�• ...E � .. I La � x } . �
"__ x...ss+s_ '1+&CEF �am.. is„'..•.- \r +.... P` rj
: .
wil
� 1
ppe aw @E E"
9E u� n ev
m
B
ICI
e
tl
Lall
5
s
8
—
ot_
I7F]
I
i
ICI
Lall
Big
i
I
1
y�t
Q,