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HomeMy WebLinkAboutO-2250-12-03ORDINANCE NO. 2250-12-03 ' 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 NO. 84 ON 10.982± ACRES OF LAND, MORE OR LESS LOCATED IN THE MC BAIN JAMESON SURVEY, ABSTRACT NO. 491, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; BY REPLACING THE EXISTING CONCEPT PLAN WITH THE REVISED CONCEPT PLAN FOR THE SOUTHERN 10.982+ ACRES OF PLANNED DEVELOPMENT NO. 84, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING 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 amended, be and the same is hereby amended by amending Planned Development No. 84, as heretofore amended, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes by replacing the existing concept plan with the revised concept plan for the southern 10.9821 acres of Planned Development No. 84, attached hereto as Exhibit `B" and made a part hereof for all purposes, and which is hereby approved. SECTION 2. The Development Regulations are amended as follows: "I. Use regulations for the southern 10.982± acres is restricted to Multi -family (MF) use for residents aged 55 years of age or older in accordance with the Federal Fair Housing Act." SECTION 3. Any building constructed on this property must be located 100 feet from the eastern property line. SECTION 4. 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, and as amended herein. SECTION 5. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and ' the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 6. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code Zoning Regulations, 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 in the Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect. SECTION 7. 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 tlus purpose. SECTION 8. 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 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 9. 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 ordamed. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 4TH DAY OF DECEMBER, 2003. APPROVED: ' Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: 1 PeTer G. Smith, CITY ATTORNEY She ley B. Geo , TRMC, CITY SECRETARY Ordinance No. 2250-12-03, Page 2 EXHIBIT 'A" LEGAL DESCRIPTION TRACT I: BEING a 5.937 acre tact of lend situated in the SCRAM JAMESON SURVEY, ABSTRACT NO. 491 City of Allen, Collin County, Texas, and being the remainder portion of a celled 6.00 acre tact as described In deed So Thomas K. Lyndon as retarded In Volume 595, Page 649 of the Deed Records of Collin County, Texas, mid 5.937 acre tract being more particularly described as follows: BEGINNING at a pipe for the northeast corner of the herein described tact same being the southeast corner of a tract of land as described in tleetl to SBW, Inc. as recorded under County Clerk's file number 95-0076912 of field Deed Recortla and being In the ..at It.. of Revlmd Phase I of Collin Square Addition, an Addition to the City of Allen, Texas, according M the Map or Plat thereof recorded In Cabinet D, Page fib of the Plat Records of Collin County, Texee; THENCE South 03 degrees 14 minutes 30 seconds weal, along the west line of sold Collin Square Addition, a distance of 313.49 feet to an iron rod found for the southeast corner of the herein described tract, area being the northeast corner of a called 5.00 acre tact Of land an described In tleetl to Denvil Mixon and wife, Barbara J. Mixon as recorded in Volume 607, Page 422 of mid Deed Records; THENCE North 85 degrees 16 minutes 57 seconds west, along the north line of mid Mixon tract, a distance of 912.17 feet to a Stale Highway Moonument Found for the muthwest corner of the herein described tact, Same being In the easterly right-of-way line of State Highway No. 5 (a variable right-of-way); THENCE North 32 degrees 40 minutes 44 secontla east, along the easterly right -ori -way line of State Highway No. 5. a distance of 359.10 feet to a State Highway Monument found for the northeast corner of the herein described tact, mine being the muthwest corner of aforesaid SWB, Inc. tact; THENCE South 86 degrees 13 minutes 39 seconds east, along the South line of mid SWB, Inc. tract, a distance of 735.69 feet to the POINT OF BEGINNING enad containing 5.937 acres or 269,608 square feet of land more or less and subject to any and all easements that may effect TRACT II: BEING 4.955 acre tact of land situated In the MCBAIN JAMESON SURVEY, ABSTRACT NO. 491, City of Allen, Collin County, Texas and being the remainder portion of a called 5.00 acre tract of land as described in tleetl to Denvll Mixon and wile, Barbara J. Mixon as recorded In Volume 607, Page 422 of the Deed Rrecord. of Collin County, Teas, Said 4.955 acre tract being more particularly described as follows: BEGINNING at an Iron rod found for the northeast corner of Me herein described tact, Same being the southeast corner of a called 6.00 acre User as described in tleetl to Thomas K. Lyndon as recorded In Volume 595, Page 649 of Mid Deed Records, and being in the west line of Revised Phase I of Collin Square Addition, an Addition to the City of Allen, Teas, according t0 the Map or Plat thereof recorded in Cabinet D. Page 06,ot the Plat Records of Collin County, Tea., seld Iron rod also being South 03 degrees 14 minutes 30 seconds west, a theories of 313.49 feet ham a pipe found for the northeast corner of mid Lyndon tact and the southeast corner of a tract of land as described In deed W SBW, Inc. as recorded under County Clerk's file number 95-0076912 of sold Deed Records; THENCE South 03 degrees 14 minutes 30 seconds west along rhe west line of mid Collin Square Addition. a distance of 221.79 feel to an iron red ml for the Southeast corner of Me herein described tract, Some being northeast corner of a tact of lend ae described In deed to Sumeer, Inc. as recorded under County Clerk's file number 93-0075189 of mid Deed Records; THENCE North a6 degrees 15 minutes 00 seconds west, along Me north line of Mid Sumeer Pact, passing an Iron rod found at a distance Of 326.80 feet for Me northwest corner Of to Sumner tract, some being the northeast corner Of . tract of land a. deecflbed In dead to Sumeer. Inc. as recorded under County Clerk's file number 93-0075188 of sold Deed Records, passing at a distance of 649.26 feet an Iron rod found ler Me northwest corner of mid Sumeer Veer ( County Clerk'. File number 93-0075188), same being the northeast corner of a tact of land ee described In deed So Dennie J. Keep as recorded under County Clerk's File number 93-0011394 of Sold Dead Record., and passing an iron rod found at a distance of 862.23 feet for the northwest corner of Said Kent, tract, Same being the northeast corner of a tact of lend as described Indeed to GLV, LTD, as recorded under County Clerk's File number 94-0043236 of ' .to Deed Recortla, In all a tole) distance of 1036.58 feet W a State Highway monument found In the easterly right -of -wry line of Stale Highway No. 5 (a variable width right-of-way), and being south 86 degrees 15 minutes 00 Second. east, a distance of 5.02 feel from an Iron rod found Ordinance No. 2250-12-03. Page 3 1 THENCE South 86 degrees 16 minutes 57 seconds east, along the south line of said called 6.00 acre tract, a distance of 912.17 feet the POINT OF BEGINNING and containing 4.995 acres or 215,827 square feel of land more or less and being subject to any and all easements that may affect. Ordinance No. 2250-12-03, Page 4 for the southwest corner of said called 5.00 acre tract; THENCE North 32 degrees 42 minutes 34 seconds east, along the easterly right-of-way line of ' State Highway No. 5, a distance of 252.88 feet to a State Highway monument found for the northwest earner of the herein described tract and being in the south line of said called 6.00 acre tract; 1 THENCE South 86 degrees 16 minutes 57 seconds east, along the south line of said called 6.00 acre tract, a distance of 912.17 feet the POINT OF BEGINNING and containing 4.995 acres or 215,827 square feel of land more or less and being subject to any and all easements that may affect. 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