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Home My WebLink AboutO-1562-12-97ORDINANCE NO. 1562-12-97 AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO AMEND THE AREA AND USE REGULATIONS TO REDUCE THE FRONT BUILDING LINE REQUIREMENT WITTILN PLANNED DEVELOPMENT NO. 53 FROM 25 FEET TO 20 FEET AND INCREASE THE REAR BUILDING LINE FROM 15 FEET TO 20 FEET ON 118.7479 ACRES OF LAND IN THE MARY STANDIFER, ABSTRACT NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 'DTRACT MAP PROVIDING FOR EXHIBIT 'E" LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; 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 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 Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be changed. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending the area and use regulations to reduce the front building line requirement within Planned Development No. 53 from 25 feet to 20 feet and increase the rear building line from 15 feet to 20 feet on 118.7479 acres of land located in the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas. SECTION 2: The tract map attached hereto as Exhibit "D" is made a part hereof for all purposes and shall be adhered to in its entirety. SECIION3: The legal description attached hereto as Exhibit "E" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 5: 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 ($2,000.00) for each offense. SECTION 6: 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 I hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECITON 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 COUNCH.OFTHE = OF ALLEN, TEXAS, ONTHE 18THDAYOF DECEMBER .1997. APPROVED. �� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATl'PST. t r i •' r r r r i Ordinance No. 1562-12-97 page 2 rm*o u avow V p 1 r ¢ J V M P N oz F 602 u L- �j W U U¢< LL U 3Ug ¢ � m w - r ¢ J V M P N oz r-nui u. n. rwn. w• ,., i" vo Ordinance No. 1562-12-97 EHhibit V Exhibit A CF -Number 95R06539 BEOC 118.7479 acres of land located ir, the PUARY STAND1FER SURVEY, Abstract No. 812. City of Allcn, Collin County. Tzxas and baing a portion of that certa'-n 160 acre tract of land to Rowlett farm Partnership dvscri6cd in Quic Clain Deeds recorded in Volume 1471, Pages 11E 120, 122, and 124 of the Deed Records Of Collin County, Texas and more particularly doscrioed by metas and bounds as follows: BECT»NING at a 1/2-111h iron found at the Northwest corner of that certain crate Of land aescrih¢d in decd to Firs: gsPti st C:r_r t?: cf Alle- as rcw rdee in Instrument No. 93-00038L3 of the Deed Records of Collin County. Texas, and being in the East line of that certain tract of hand described in deed to Edwin L. Delzall as recorded in Volume 3072, Page 319 of the Deed Record, of Collin County, Texas, also being in the west lane of said 160 acre tract and lyinE N 01 degree 12 minutes 03 seconds E, 393.99 feet to 1/2 -inch iron rod se: Ln the approximate center line of Rowlett Road (County Road No Pio. 1/.6); 113 and Count" Road 11iENCE N 01 degree 12 minutes 03 Cocnnds E zt 146.70 fe, hors rod Yauad at tilt .t pas ;i ng n 5/8 -?nab ' NVlrhea <9raer cf an ,'. Dc lac li Tact, a'!e he±0g of that certain 11.—the South¢aac cornet 90 eere tract of land dr ,ribed in deed recorded in Volume 705. Page 669 of rte Deed Records of Colvin County, Texas, at 1199.51 feet passing a 5/8 -inch iron rod found at the Northeast corner of that certain 17.7.03 acre tract described in deed recorded in Vo:uae 705, Page 664 of the Deed Records of Collin County, Texas and being the Southeast corner Of that certain 10.10 acre tract of land described In deed recorded in Volume 705, Page 659 of Che Deed Records of Collin County. Texas and continuing in all a total distance of 2240.88 feet to a 5/9 -inch iron rod found at the Northeast corner of that cercain 55.689 acre tract of land described in deed ± Volume 705, Page 659 of the Deed recorded thed n 8 Records of roll ir. County. Texas being the NoiChwest corner of said 160 acre tract: THENCE along the North boon" line of said 160 acre tract as follows N 89 degrees 59 minutes 33 seconds E. 21.80 feet to 3/4 -inch Iron rod found at the most vcsterly Southwest corner of that certain tract of land described as Tract Four in dead to Briar Ridge Investments, Inc. as recorded in lnstrtaaer: No. 92-0019155 of the Deed Records of Collin County. Texas; S 89 degrees 12 minutes 05 second, F„ 261.5.97 feet to a 5/8-In1h iron rod found r_ at the Northeast corner of said 160 a re trx e, THENCE along the East boundary lane of sand 160 acre tract as follows' S 00 degt¢es 37 minutes 10 seconds w, b64.18 t¢er a .; �j8-inch iron rod found at the most Southerly Southwest coin=r of iNor thxr,t corner of that certain tract of land described a said Tacc Four being the ,race Five to Briar Ridge Investments, Inc. as recorded in instrument tie. 920019155 ofthe Of Collin County, Texas: Deed Records 5 00 degrees 7b minutes 15 seconds U. lli1.51 feet ,-o a 1/2 -inch iron rod so--; VOL GAG.. Exhibit A CF -Number 95R06539 BEOC 118.7479 acres of land located ir, the PUARY STAND1FER SURVEY, Abstract No. 812. City of Allcn, Collin County. Tzxas and baing a portion of that certa'-n 160 acre tract of land to Rowlett farm Partnership dvscri6cd in Quic Clain Deeds recorded in Volume 1471, Pages 11E 120, 122, and 124 of the Deed Records Of Collin County, Texas and more particularly doscrioed by metas and bounds as follows: BECT»NING at a 1/2-111h iron found at the Northwest corner of that certain crate Of land aescrih¢d in decd to Firs: gsPti st C:r_r t?: cf Alle- as rcw rdee in Instrument No. 93-00038L3 of the Deed Records of Collin County. Texas, and being in the East line of that certain tract of hand described in deed to Edwin L. Delzall as recorded in Volume 3072, Page 319 of the Deed Record, of Collin County, Texas, also being in the west lane of said 160 acre tract and lyinE N 01 degree 12 minutes 03 seconds E, 393.99 feet to 1/2 -inch iron rod se: Ln the approximate center line of Rowlett Road (County Road No Pio. 1/.6); 113 and Count" Road 11iENCE N 01 degree 12 minutes 03 Cocnnds E zt 146.70 fe, hors rod Yauad at tilt .t pas ;i ng n 5/8 -?nab ' NVlrhea <9raer cf an ,'. Dc lac li Tact, a'!e he±0g of that certain 11.—the South¢aac cornet 90 eere tract of land dr ,ribed in deed recorded in Volume 705. Page 669 of rte Deed Records of Colvin County, Texas, at 1199.51 feet passing a 5/8 -inch iron rod found at the Northeast corner of that certain 17.7.03 acre tract described in deed recorded in Vo:uae 705, Page 664 of the Deed Records of Collin County, Texas and being the Southeast corner Of that certain 10.10 acre tract of land described In deed recorded in Volume 705, Page 659 of Che Deed Records of Collin County. Texas and continuing in all a total distance of 2240.88 feet to a 5/9 -inch iron rod found at the Northeast corner of that cercain 55.689 acre tract of land described in deed ± Volume 705, Page 659 of the Deed recorded thed n 8 Records of roll ir. County. Texas being the NoiChwest corner of said 160 acre tract: THENCE along the North boon" line of said 160 acre tract as follows N 89 degrees 59 minutes 33 seconds E. 21.80 feet to 3/4 -inch Iron rod found at the most vcsterly Southwest corner of that certain tract of land described as Tract Four in dead to Briar Ridge Investments, Inc. as recorded in lnstrtaaer: No. 92-0019155 of the Deed Records of Collin County. Texas; S 89 degrees 12 minutes 05 second, F„ 261.5.97 feet to a 5/8-In1h iron rod found r_ at the Northeast corner of said 160 a re trx e, THENCE along the East boundary lane of sand 160 acre tract as follows' S 00 degt¢es 37 minutes 10 seconds w, b64.18 t¢er a .; �j8-inch iron rod found at the most Southerly Southwest coin=r of iNor thxr,t corner of that certain tract of land described a said Tacc Four being the ,race Five to Briar Ridge Investments, Inc. as recorded in instrument tie. 920019155 ofthe Of Collin County, Texas: Deed Records 5 00 degrees 7b minutes 15 seconds U. lli1.51 feet ,-o a 1/2 -inch iron rod so--;