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Home My WebLink AboutO-1794-1-00ORDINANCE NO. 1794-1-00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-%, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 55, ORDINANCE NO. 1226-3-94, EXHIBIT `B," THE DEVELOPMENT CONDITIONS, TO PERMIT "GO - GARDEN OFFICE DISTRICT" USES FOR TRACT 2 CONSISTING OF 13.3 ACRES IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, 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 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, Texas, and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, Texas, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and the Zoning Map of the City of Allen, Texas, as previously amended be amended, by amending Planned Development No. 55, Ordinance No. 1226-3-94, by amending the Development Conditions, Exhibit "B", to permit "GO -Garden Office District" uses consisting of 13.3 acres in the Michael See Survey, Abstract No. 543, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Development Conditions for Tract 2 attached to Ordinance No. 1226-3-94 as Exhibit "B" is hereby amended to read as follows: "TRACT 2 - RETIREMENT CENTER/GARDEN OFFICE 1. Puro se: This district allows for the development of retirement center uses and/or garden offices. The type of retirement center intended is that which features a central services facility linked to attached dwelling units and which may or may not include facilities for independent living, personal care, and on-site skilled nursing cue. 2. Use Regulations: A) The following uses are permitted in Tract 2: ' 1. Retirement Housing — shall be defined as a planned community which offers independent living, congregate care and/or assisted living with a central services facility on-site which can provide food service, personal grooming care, arts and crafts, and recreational activities. The community shall be designed to meet the needs of residents 55 years of age and above. 2. Personal Care Center 3. Rest home or nursing home 4. Accessory building or use as defined in the Comprehensive Zoning Ordinance 5. Swimming pool (private) 6. Park or playground (public) 7. Day care for disabled and/or elderly tiodb of nv retirement ent r ua C) The following uses may be permitted in Tract 2 by Specific Use Permit only: 1. Church or Rectory ' 2. Recreation area (private) 3. Swim m Tennis Club D) The following uses may be permitted in Tract 2 for temporary use only: 1. Construction building 2. Field office 3. Real estate sales office 3. Height Regulations: ations: No building shall exceed thirty feet (30'-0') or two stories in height. 4. Area Regulations: (a) Tract 2 shall be developed in accordance with MF IS — Multi -family District regulations. Maximum coverage shall be thirty five percent (35%) of the total land area. 5. Landscape Buffer: Along Watters Road and Bethany Drive provide a fifteen foot (15'- 0") landscape buffer. Within this buffer zone provide a 3'-0" berm, screen wall or continuous hedge. To further enhance the landscape treatments, provide a 100' setback from the centerline of Watters Branch; provided, however, that m no case shall the ' setback from the 100 -year floodplain be less than that required in the Comprehensive Zoning Ordinance fm the appropriate use of this tract. Ordinance No. 1794-1-00, Page 2 6. Building Regulations: Types of materials for all main buildings shall have an exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone or similar materials." SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, and as amended herein. SECTION 4. That all ordinances of the City of Allen, Texas, 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, provided, however, Planned Development No. 55, Ordinance 1226-3-94, as heretofore amended and as amended herein shall continue in full force and effect. SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas 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 8. That 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, Texas and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 6'H DAY OF JANUARY, 2000. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: 11 G. Smith, CffY ATTORNEY JuWy Mor{Gon, CMC/AAE, CITY SECRETARY Ordinance No. 1794-1-00 Page Ll LEGAL DESCRIPTION 12.8689 ACRES BEING a 12.8689 acre tract of land situated in the MICHAEL SEE SURVEY, ABSTRACT NO. 543, Collin County, Texas and being a portion of a tract of land designated as Tract 5 in a Warranty Deed to Allen Central, Ltd., filed 1/16/96, under County Clerk's File No. 96-0003739, Land Records of Collin County and being more particularly described as follows: BEGINNING at the intersection of the west right-of-way line of Watters Road (a 130' R.O.W. at this point) with the north right-of-way line of Bethany Road (a 130' R.O.W. at this point); THENCE N 87 deg. 52 min. 19 sec. W, along the north right-of-way line of said Bethany Road, a distance of 225.00 feet to a point for corner; THENCE N 89 deg. 30 min. 31 sec. W, continuing along the north right-of-way line of said Bethany Road, a distance of 100.00 feet to a point on the 100 year flood plain line; THENCE northerly, along the 100 year flood plain line the following calls (1) N 04 deg. 54 min. 11 sec. E, a distance of 71.01 feet to a point for comer; (2) N 08 deg. N 19 deg. 40 min. 26 sec. 51 47 W, a distance of 78.09 feet to a point for comer; W, distance 62.03 feet for (3) N 06 deg. min. sec. a of to a point comer, (4) N I 1 deg. 18 min. 57 sec. W, a distance of 61.39 feet to a point for comer; (5) N 02 deg. 25 min. 45 sec. W, a distance of 120.20 feet to a point for comer; (6) N 04 deg. 03 min. 15 sec. E, a distance of 91.14 feet to a point for corner; (7) N 06 deg. 09 min. 04 sec. E, a distance of 109.46 feet to a point for comer. (8) N 06 deg. 37 min. I 1 sec. E, a distance of 23.82 feet to a point for corner; (9) N 06 deg. 37 min. 11 sec. E, a distance of 26.42 feet to a point for comer; (10) N 32 deg. 07 min. 39 sec. E, a distance of 38.59 feet to a point for comer, (11) N 45 deg. 54 min. 33 sec. E, a distance of 24.04 feet to a point for comer; (12) N 60 deg. 02 min. 10 sec. W, a distance of 20.89 feet to a point for comer; Exhibit "N' Page 1 of 3 Ordinance No. 1794-1-00 (13) N 40 deg. 16 min. 36 sec. W, a distance of 53.15 feet to a point for comer; (14) N 13 deg. 32 min. 36 sec. W, a distance of 100.17 feet to a point for comer; (15) N 15 deg. 24 min. 34 sec. E, a distance of 59.91 feet to a point for comer; (16) N 29 deg. 16 min. 42 sec. E, a distance of 56.82 feet to a point for comer; (17) N 43 deg. 17 min. 23 sec. E, a distance of 108.30 feet to a point for comer; (18) N 22 deg. 42 min. 38 sec. E, a distance of 26.93 feet to a point for comer; (19) N 20 deg. 53 min. 32 sec. W, a distance of 26.93 feet to a point for comer; (20) N 31 deg. 33 min. 43 sec. W, a distance of 130.38 feet to a point for comer; (21) N 19 deg. 38 min. 49 sec. W, a distance of 42.72 feet to a point for comer; (22) N 14 deg. 18 min. 06 sec. E. a distance of 64.76 feet to a point for comer; (29) (23) N 22 deg. 46 min. 18 sec. E, a distance of 174.55 feet to a point for comer; E, a distance of 77.42 feet to a point for comer; (24) N 13 deg. 13 min. 02 sec. E, a distance of 56.29 feet to a point for comer; S 89 deg. 05 min. 27 sec. (25) N 01 deg. 38 min. 08 sec. W, a distance of 45.04 feet to a point for comer; (26) N 15 deg. 47 min. 24 sec. W, a distance of 62.64 feet to a point for comer; (27) N 01 deg. 57 min. 12 sec. W, a distance of 40.05 feet to a point for comer; (28) N 62 deg. 55 min. 47 sec. E, a distance of 36.24 feet to a point for comer; (29) S 66 deg. 03 min. 55 sec. E, a distance of 43.46 feet to a point for comer; (30) S 53 deg. 33 min. 11 sec. E, a distance of 77.42 feet to a point for comer; (31) S 56 deg. 40 min. 43 sec. E, a distance of 74.63 feet to a point for comer; (32) S 89 deg. 05 min. 27 sec. E, a distance of 62.00 feet to a point for comer; (33) N 59 deg. 56 min. 43 sec. E, a distance of 58.31 feet to a point for comer in the west right-of- way line of said Watters Road; Exhibit "N' Page 2 of 3 Ordinance No. 1794-1-00 THENCE S 00 deg. 54 min. 33 sec. W, along the west right-of-way line of said Watters Road, a distance of 986.29 feet; THENCE S 00 deg. 54 min. 33 sec. W, continuing along said west right-of-way line, a distance of 38.60 feet; THENCE S 01 deg. 43 min. 34 sec. W, continuing along said west right-of-way line, a distance of 350.04 feet; THENCE S 00 deg. 54 min. 33 sec. W, along said west right-of-way line, a distance of 225.0 feet to the Point of Beginning and containing 12.8689 acres of land more or less. Exhibit "A' Page 3 of 3 Ordinance No. 1794-1-00