O-2852-8-09ORDINANCE NO. 2852-8-09
' 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 A CHANGE IN ZONING TO GRANT SPECIFIC USE PERMIT NO. 108
FOR AN ASSISTED LIVING FACILITY FOR PROPERTY ZONED "PD"
PLANNED DEVELOPMENT NO. 3 FOR "ME -12" MULTI-FAMH.Y, ORDINANCE
NO. 368-10-81, AS AMENDED, SAID PROPERTY BEING A 7.44± ACRE TRACT IN
THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN,
COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR A SITE PLAN ATTACHED AS
EXHIBIT "B'; PROVIDING FOR ELEVATIONS ATTACHED AS EXHIBIT "C";
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 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,
Texas, be amended by granting a Specific Use Permit No. 108 for an Assisted Living Facility, for property
zoned "PD" Planned Development No. 3, for "MF -12" Multi -Family, Ordinance No. 368-10-81, as amended,
said property being a 7.44± acre tract in the William Perrin Survey, Abstract No. 708, City of Allen, Collin
County, Texas, and being further described in Exhibit "A" attached hereto (`the Property") and made a part
hereof for all purposes.
SECTION 2. The Specific Use Permit No. 108 for an Assisted Living Facility is hereby approved, and the
Property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit `B"
and Elevations attached hereto as Exhibit "C," said exhibits being incorporated herein and made a part hereof
for all purposes 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, 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 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.
SECTION 7. 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 THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25arr DAY OF AUGUST, 2009.
APPROVED:
AQ fia)
StepheK Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, C, CITY S RETARY
E7OHBIT "A"
LEGAL DESCRIPTION
' BEING a tram of land situated in the William Perrin Survey, Abstract No. 708, in the City of Allen, Collin County,
Texas, and being the same tract of land conveyed to Sumeer, Inc., a corporation by Deed recorded in Document No. 93-
0023704, Deed Records, Collin County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2 inch von rod set with yellow cap stamped DCA Inc. for comer, said corner lying in the Northwest
line of Greenville Avenue (variable width right-of-way) and being North 59 degrees 21 minutes 30 seconds West, 3.51
feet from the South corner of Lot 1 of Replat of Willow Creek Estates, an addition to the City of Allen, Collin County,
Texas, according to the map or plat thereof recorded in Cabinet D, Slide 28 of the Plat Records, Collin County, Texas;
THENCE South 35 degrees 36 minutes 10 seconds West, along the Northwest line of said Greenville Avenue, a distance
of 101.37 feet to a 1/2 inch iron red set with yellow cap stamped DCA Inc. for corner at an angle point in the Northwest
line of said Greenville Avenue;
THENCE South 29 degrees 56 minutes 30 seconds West, continuing along the Northwest line of said Greenville Avenue,
a distance of 238.19 feet to a 12 inch iron rod set with yellow cap stamped DCA Inc. for comer at an exterior ell comer
in the Northwest line of said Greenville Avenue;
THENCE South 60 degrees 03 minutes 30 seconds East, continuing along the Northwest line of said Greenville Avenue,
a distance of 10.00 feet to a 12 inch iron rod set with yellow cap stamped DCA Inc. for corner at an interior ell corner in
the Northwest line of said Greenville Avenue;
THENCE South 29 degrees 56 minutes 30 seconds West, continuing along the Northwest line of said Greenville Avenue,
a distance of 260.98 feet to a 12 inch it.. red set with yellow cap stamped DCA Inc. for comer;
THENCE North 59 degrees 25 minutes 00 seconds West, passing the most Easterly corner of Tram 1, Allen Business
Centra, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof recorded in Cabinet
E, Slide 141 of the Plat Records, Collin County, Texas, and passing the most Easterly comer of the Replat of Tracts G
and H of Allen Business Centre, an addition to the City of Allen, Collin County, Texas, according to the map or plat
thereof recorded in Cabinet K, Slide 400 of the Plat Records, Collin County, Texas, and continuing a total distance of
620.00 feet to a 12 inch von rod set with yellow cap stamped DCA Inc. for comer, said corner being the most
Southeasterly comer of Tram FR, Correction of Error of the Allen Business Centre Replat, an addition to the City of
Allen, Collin County, Texas, according to the map or plat thereof recorded in Cabinet I, Slide 596 of the Plat Records,
Collin County, Texas, said comer lying in a tangent curve to the Right, having a radius of 236.84 feet, a delm of 60
degrees 34 minutes 19 seconds and a chord bearing and distance that bears North 29 degrees 08 minutes 35 seconds
West, 238.88 feet;
THENCE along the Easterly line of said Tract FR and along said curve to the Right, an am length of 250.38 feet to a 5/8
inch hon rod found for comer;
THENCE Norm 01 degrees 08 minutes 14 seconds East, continuing along the East line of said Tract FR, a distance of
48.54 feet to a 12 inch iron rod set with yellow cap stamped DCA Inc. for corner, said comer lying in the South line of
aforementioned Replat of Willow Creek Estates;
THENCE South 88 degrees 50 minutes 17 seconds East, along the South line of said Replat of Willow Creek Estates, a
distance of 840.39 feet to a 12 inch iron rod found for comer, said comer lying in a tangent curve to the Right, having a
radius of 190.00 feet, a delta of 29 degrees 28 minutes 49 seconds and a chord bearing and distance that bears South 74
degrees 05 minutes 55 seconds East, 96.69 feet;
' THENCE continuing along the South line of said Replat of Willow Creek Estates and along said curve to the Right, an
we length of 97.76 feet to a 12 inch hon rod set with yellow cap stamped DCA Inc. for comer;
THENCE South 59 degrees 21 minutes 30 seconds East, continuing along the South line of said Replat of Willow Creek
Estates, passing the aforementioned South comer of Lot 1 and continuing a total distance of 25.55 feet to the POINT OF
' BEGINNING and containing 324,010 square feet or 7.44 acres of land.
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EXHIBIT "C"
ELEVATIONS
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