The URL can be used to link to this page

Home My WebLink AboutO-2140-2-03ORDINANCE NO. 2140-2-03 ' 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 GRANTING A CHANGE IN ZONING FROM "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO "CF" — COMMUNITY FAC ITITE.S DISTRICT FOR 22.098± ACRES IN THE JAMES WILCOX SURVEY, ABSTRACT NO. 1017, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABn3TY 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 a change in caning from "AO" - Agriculture -Open Space District to "CF" - Community Facilities District for 22.0981 acres in the James W. Wilcox Survey, Abstract No. 1017, City of Allen, Collin County, Texas. SECTION 2. The property shall be used only in the manner and for the purposes provided fff 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 & 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 (52,000) 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 ordamed. 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON TILS THE 11r a DAY OF FEBRUARY, 2003. APPROVED: St 4Q4f f( APPROVED AS TO FORM: ATTEST: Peter G. Smith, OW ATTORNEY She ey B. Georg CTING CITY MCRETARY Ordinance No. 2140-2-03, Page 2 I Wq: 1100167:W ' LEGAL DESCRIPTION WHEREAS. ALLEN INDEPENDENT SCHOOL DISTRICT , is the owner of a tract of land situated in the James W. Wilcox Survey, Abstract No. 1017, in the City of Alen, Collin County, Texas and being ollof a 16.868 acre tract as described in Clerks File No. 96-0065762 and a 5.231 acre tract, as described in Clerks File No. of the Deed Records of Collin County, Texas, and being more particularly described as follows; BEGINNING, at a �/2 inch iron rad found at the southeast corner of said 16.868 acre tract. also being the northeast corner of Suncreek II, Tract 3 - Phase 26 Parcel 3, an addition to the City of Allen, as described in Volume K, Page 163, in the Plat Records of Collin, County, Texas: THENCE, South 89-35'16" West, along the south line of the 16.868 acre tract and with the north line of said Parcel3, passing a I/2 inch iron rod found at 567.94 feet being the northwest corner of said Parce13 also being the southwest corner of the 16.868 acre tract and being the southeast corner of said 5.231 acre tract, and at the southeast corner of Lots 4 thru 7, Block A and Adjacent Alley R.O.W of Suncreek I, Tract 3, an addition to the City of Alen, and continuing for a totaldistance of 586.76 feet. to a I/2 inch iron rod found: THENCE, North OP 19'30" East, along the south line of said Lots 4 thru 7 and the south line of the 5.231 acre tract, for a distance of 11.98 feet, to a I/2 inch iron rod found: THENCE. North 88.40'30" West, continuing along said south lines, for a distance of 110.00 feet, to a �/2 inch iron rod found being the southwest. corner of said Lots 4 thru 7: THENCE, North Of -19'30" East, along the west line of said Lots 4 thru 7, for a distance of 45.37 feet, to a %2 inch iron rod found on a curve to the left, having a radius of 50.00 feet, a central angle of 1376 51 and a tangent of 130.04 feet: THENCE, continuing along said west line and with said curve to the left for an arc distance of 120.37 feel (Chord Bearing North 41.37'03" West - 93.34 feet). to a %2 inch iron rod found at the most westerly southwest corner of said Lots 4 thru 7: ' THENCE. North 01° 10'17" East, continuing along said west line, for a distance of 104.63 feet, to a 1/2 inch iron rod found at the northwest corner of said Lots 4 thru 7 also being in the south line of Suncreek 11, Tract 3 - Phase 2A, on addition to the City of Allen, as described in Volume J, Page 982. in said Plot Records Ll THENCE, South 88° 48'28" East, along the north line of said Lots 4 thru 7 and the south line of said Suncreek II. Tract 3 - Phase 2A, for a distance of 9.94 feet, to a �/2 inch iron rod found at the southeast corner of said Suncreek II, Tract 3 - Phase 2A and being in the west line of said 5.231 acre tract: THENCE, North 01.09'26" East along the east line of said Suncreek II, Tract 3 - Phase 2A and the west line of the 5.231 acre tract passing a %2 inch iron rod found at 644.75 feet being the northeast corner of said Suncreek II, Tract 3 Phase 2A and at the most southerly southeast corner of Suncreek II, Tract 3 - Phase 2B Parcel 2, an addition to the City of Alen as described in Volume K, Page 163, in said Plat Records, for a total distance of 1007.12 feet, to a I/2 inch iron rod found: THENCE, North 45.5T51" East, continuing along said east and west line, for a distance of 85.29 feet. to a l/2 inch iron rod found at the most northerly northwest corner of the 5.231 acre tract: THENCE, South 89' 25'44" East, along the east line of said Suncreek 11, Tract 3 - Phase 28, passing a �/2 inch iron rod found at 122.28 feel, being the northeast corner of the 5.231 acre tract also the northwest corner of said 16.868 acre tract and the southeast corner of said Suncreek II, Tract 3 - Phase 2B Parcel 2, for a total distance of 690.04 feet, to a 1/2 inch iron rod found at the northeast corner of the 16.868 acre tract: THENCE. South 01.09'26" West, along the east line of the 16.868 acre tract, for a distance of 1289.34 feet, to the POINT OF BEGINNING and containing 22.098 acres of land. Ordinance No. 2140-2-03 Page 3