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Home My WebLink AboutO-1687-2-99ORDINANCE NO. 1687-2-99 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AND THE ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING ORDINANCE NO. 1552-11-97 BY EXTENDING THE SPECIFIC USE PERMIT FOR A IELISTOP ON A 13.649 ACRE TRACT OF LAND LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, LOT 1-A, BLOCK 1, ENTERPRISES NO. 2 SUBDIVISION, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR APPROVAL OF A SITE PLAN ATTACHED HERETO AS EXHIBIT "B'; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 THE EFFECTIVE DATE OF SAID ORDINANCE. 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 Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, should be revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Comprehensive Zoning Ordinance No. 1425-5-96 and the Zoning Map of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending Ordinance No. 1552- 11-97 by extending the specific use permit for a helistop granted by Ordinance No. 1552-11-97 retroactively, beginning December 31, 1998, for a 13.649 acre tract of land located in the William Perrin Surrey, Abstract No. 708, Lot 1-A, Block 1, Enterprises No. 2 Subdivision, City of Allen, Collin County, Texas and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes subject to special conditions. SECTION 2. The Specific Use Permit for Helistop is hereby approved subject to the following special conditions: 1. The specific use permit shall be extended for an indefinite period of time. 2. The property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B" 3. The landing and taking off of helicopters shall be limited to day light hours only. 4. There shall be no more than five (5) take offs and landings per month. ' 5. The use of this helistop for emergency purposes (such as medical or public safety) shall be exempt from special conditions 3 and 4 above. SECTION 3. The Site Plan attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby approved. ' SECTION 4. The above property shall be used only in the manner and for the purposes provided for by the approved Site Plan, the special conditions and the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 5. That 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 6. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had (mown the affected parts would be held unconstitutional. SECTION 7. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinances, 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 Ordinances, as amended hereby, which shall remain in full force and effect. SECTION 8. 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, 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. 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, 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 4TH DAY OFFEBRUARY , 1999. APPROVED: (� r�Mp// —\ Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: F Peter G. Smith, AcTiKG CITY ATTORNEY ju4 Mo n, CMC, CITY SECRETARY Ordinance No. 1687.-2-99 Page ' DESCRIPTION OF PROPERTY SURVEYED BEING, a /5649 arse tract out of the Nliam Perrin Survey, Abstract No. 708, Collin County, Texas; said tract bein_c all of Lot /A, Black 1, Enterprises Addition No. 2 an addition to the City of Allen, Texas according to the plot recorded in Cabinet J, Page 562 of the Plat Records of Cd/!n County, Texas sold 73.649 arse tract being more porticu/any described as foliows BEGINNING, at a 1/2—inch iron rod w/ Pccheco/Xoch cap set for comer at the intersection of the south right—of line of Bethany Orme (a 110—foot wide right—of—way) and the cast right—of—way Ike of Enterprise Boulevard (a 60—foot wide right—ol—way),• sold point being the northwest comer of said Lot 1; roto point also being on a curve the /e It whose center bears North 22 degrees, 41 minutes, 10 seconds West, a distance of 78.122 feet from said poin t; THENCE, in an easterly direction along the said south line of Bethany Drive, the following six rnfls Along said curve to the left, through a central angle of 02 degrees, 57 minutes, J7 seconds, an are distance of 40.47 feet to a 1/2—Inch Iran rod w/ Pocheco/Xorh cap set at the end of sold curve; North 64 degrees, 10 minutes, 55 seconds East, a distance of 3.48.00 feet to 0 1/1—inch Iron rod w/ Pacheca/Koch cop set at the beginning of a curve to the right whose center bears South 25 degrees, 3.9 minutes. 05 seconds East, a distance of 671.42 feet horn said point; Along said curve to the right, through a central angle of J2 degrcros, 4J minutes, 02 seconds, on arc distance of JB34O feet to a 1/2—Inch lean rod found at the end of sold curies: South 76 degrees, 22 minutes, 44 seconds East, a distance of 83.77 feet to a 1/2—inch Iron rod found at the beginning of a curve to the right whose center bears South 1J degrees 49 minutes. 43. seconds West• a diston of 666.42 feet from said point: Along said curve to the right, through a central angle of 07 degrees, 47 minutes, 56 seconds, an am distance of 90.71 feet to a "+" cut In concrete set at the end of sold cuneg _ South 67 degrees, 59 minutes a5 seconds East, a distance of 202 3.1 feet to a 1/2—inch Iran rad found for comer, sold paint being the northeast comer of sold Lot 1, Block 1; sold point also being on the west right—of—way line of Southern Pacific Railroad (a 100—foot wide raffroad right—of—way); THENCE South 21 degrees, 56 minutes 43 seconds West, along the east line of said Lot 1 and the said west line of Southern Pacific Railroad, a distanos of 780.00 feet to a 1/2—inch Iron rod with Pacheco Koch' cap found for come THEN6& Nath 68 degrees OJ minutes 17 seconds West, departing the east lIne of sold Lot 1 and the sold west line of Southern Pacific Railroad, a distance of 80271 feet to a 1/2—Inch lrah rod with Pacheco Koch' cap found far comer In the said east line of Enterprise Boulevard and the west 1Ine of said Lot 1; THENCE North 14 degrees OJ minutes 00 seconds, East• along the sold east line of Enterprise Boulevard, a distance of 69.64 feet to a "+' cut in concrete set at the beginning of a curve to the left whose center bears North 75 degrees. 57 minutes 00 seconds West, a d/stcnce of 180.00 feet tram sold point THENCE In a northerly direction along the sold east line of Enterprise Boulevard and sold varve to the left, through n central angle of J4 degrees J6 minutes 10 seconds, an am distance of 108.71 feet to a 1/2—Inch iron rod with aacheco/Xach cap set of the end of said curve; (HENCE; North 20 degrees JJ minutes 10 seconds West, continuing along the sold east line of Enterprise Boulevard. o distance of 15371 feet to the P01NT OF BEGINNING; ITAIN/NG, 594,544 square feet or 13.649 acres of land• mom or less. 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