O-2308-7-04ORDINANCE NO. 2308-7-04
' 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 GRANTING PERMANENT ZONING OF R3 RESIDENTIAL DISTRICT FOR
64.1497± ACRES IN THE JOHN J. MILLER SURVEY, ABSTRACT NO. 609, 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 of the City of Allen 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 permanent zoning of R3 Residential on 64.14974: acres in the
John J. Miller Survey, Abstract No.609, City of Allen, Collin County, Texas, further described in Exhibit "AT
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations of the City of Allen, as heretofore amended.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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, 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 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 13m DAY OF JULY, 2004.
APPROVED:
"Cz��
StepbiVn Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CI ATTORNEY Shelley B. Georg C, CITY SLCkETARY
Ordinance No. 2305-7-04, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
A 64.1497 ACRE PARCEL OF LAND OUT OF THE JOHN J. MILLER SURVEY, ABSTRACT NO. 609,
IN COLLIN COUNTY, TEXAS;
IT IS THE INTENT TO DESCRIBE FOR ANNEXATION PURPOSES THE LAND WHICH CURRENTLY
LIES ADJACENT TO THE CITY OF ALLEN, BEING BOUNDED ON THE EAST, SOUTH, AND WEST
BY THE EXISTING ANNEXATION LINE FOR THE CITY OF ALLEN PER ORDINANCE NO. 570-12-
84 AS RECORDED IN VOLUME 2293, PAGE 829 OF THE DEED RECORDS OF COLLIN COUNTY,
TEXAS (DRCCT), AND BEING BOUNDED ON THE NORTH BY THE SOUTH RIGHT OF WAY LINE
FOR STACY ROAD (FM 2786), AS SHOWN ON THE ATTACHED EXHIBIT `A" AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
The POINT OF BEGINNING is a northeast corner of said annexation per Ordinance No. 570-12-84, said
point being on the south line of the Right of Way for Stacy Road, and being on the east line of the Right of
Way for Goodman Drive;
THENCE South 89041'36" East, with the south line of the Right of Way for Stacy Road, a distance of 803.56
feet to a point at the beginning of a curve to the right having a radius of 2804.79 feet;
THENCE with said curving Right of Way through a central angle of 05042'04", an arc distance of 279.08
feet, and having a chord which bears South 86050'34" East, a distance of 278.96 feet to a point of tangent;
' THENCE South 83058'44" East, continue with said Right of Way, a distance of 4.19 feet to a point on a west
line of the annexation described in Ordinance No. 570-12-84;
THENCE South 00024'26" East, with said annexation line, a distance of 410.12 feet to a point;
7
THENCE South 00031'30" East, continue with said line, a distance of 2127.56 feet to a point at an interior
ell corner of said annexation description;
THENCE South 89040'09" West, with said annexation line, a distance of 1100.47 feet to an interior ell
comer of said annexation description;
THENCE North 00011'01" West, with said annexation line, a distance of 2564.06 feet to the POINT OF
BEGINNING, and containing 64.1497 acres of land.
Ordinance No. 2308-7-04. Page 3