O-2268-2-04ORDINANCE NO. 2268-2-04
' 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,
AND ORDINANCE NO. 442-6.83, AS HERETOFORE AMENDED BY GRANTING
A CHANGE IN ZONING FROM "PD" — PLANNED DEVELOPMENT NO. 9 AND
"R5" RESIDENTIAL 5 TO "CF" — COMMUNITY FACILITIES DISTRICT FOR
20.229± ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, 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 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, as heretofore amended be, and the same are hereby amended by granting a change in
zoning from "PD" — Planned Development No. 9 and "R5" Residential - 5 to "CF'— Community Facilities
District for 20.229± acres in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County,
Texas, and being further described in exhibit "A" attached hereto and incorporated herein for all purposes.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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.
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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 CTCV COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2e DAY OF FEBRUARY. 2004.
APPROVED:
_e4Q-
Stephen email, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, t1TY ATTORNEY Shelley B. George, C, CITY SECRETARY
Ordinance No. 2268-2-04, page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' BEING a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026, in the City of Allen, Collin
County, Texas, and being a part of the St. Jude Catholic Mission Addition, an addition to the City of Allen,
Texas, according to the plat thereof recorded in Volume G, Page 603 of the Map Records of Collin County;
Texas, and also being a part of that same tract of land as described in deed to Thomas Tschoepe, Bishop of
the Roman Catholic Diocese of Dallas, recorded in Volume 912, Page 447 of the Deed Records of Collin
County, Texas (DRCCT), and being more particularly described as follows:
BEGINNING at a 5/8 -inch iron rod found in the northwest line of State Highway No.S (variable right-of-
way), at the southeast comer of said St. Jude Catholic Mission Addition, said point being the northeast comer
of a remainder portion of said Roman Catholic Diocese of Dallas;
THENCE N 89°3822" W, departing the northwest line of said State Highway No.S, along the north line of
said remainder tract, 528.39 feet to a 1/2 -inch iron rod found in the easterly line of a tract of land as
described in deed to Acacia Lone Star, L.P., recorded under Clerks File No. 99-0032517 DRCCT;
THENCE northerly and easterly, along the easterly line of said Acacia tract the following:
N 66°3245", 210.46 feet to a 1/2 -inch iron rod found at the point of curvature of a circular curve to
the right having a radius of 40.00 feet;
Northwesterly, along said curve to the right, through a central angle of 86050'38", an are distance of
60.63 feet and having a chord which bears N 23002'36" W, 55.06 feet to a 1/2 -inch iron rod found at
the point of tangency;
N 20°17'53" E, 974.99 feet to a 1/2 -inch iron rod found at the point of curvature of a circular curve to
the right having a radius of 40.00 feet;
Northeasterly, along said curve to the right, through a central angle of 70004'10", an arc distance of
48.92 feet and having a chord which bears N 55°21'25" E, 45.93 feet to a 1/2 -inch iron rod found at
the point of tangency;
S 89°37'57" E, 747.94 feet to a 1/2 -inch iron rod found;
S 66°30154" E, 88.45 feet to a 1/2 -inch iron rod found in the northwest line of said State Highway
No.S;
THENCE S 23029'00", along the northwest line of said State Highway No.S, 626.80 feet to a 1/2 -inch iron
rod found;
THENCE N 66°31'00", along the northwest line of said State Highway No.S, 10.00 feet to a 1/2 -inch iron rod
found;
THENCE S 23029'00", along the northwest line of said State Highway No.5, 509.58 feet to the POINT of
BEGINNING and CONTAINING 20.229 acres of land.
Ordinance No. 2268-2-04, Page 3