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Home My WebLink AboutO-3075-4-12ORDINANCE NO. 30754-12 ' 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 CHANGING THE ZONING OF A 3.674+ ACRE TRACT OF LAND IN THE MICHAEL LEE SURVEY, ABSTRACT NO. 544, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B," ATTACHED HERETO BY REMOVING THE TRACT FROM PLANNED DEVELOPMENT PD NO. 54 FOR INDUSTRIAL TECHNOLOGY "IT" USE, AND CHANGING THE ZONING TO SINGLE FAMILY RESIDENTIAL `R-5"; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY 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 removing a 3.674+ acre tract in the Michael Lee Survey, Abstract No. 544, City of Allen, Collin County, Texas described in Exhibit "A" and depicted in Exhibit `B", attached hereto and incorporated herein by reference ("the Property") from Planned Development PD No. 54 for Industrial Technology "IT" and changing the zoning of the Property to Single Family Residential "R-5". 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 by this ordinance. SECTION 2. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 3. 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 4. 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 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 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 6. 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 ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE le DAY OF APRIL 2012. 1 APPROVED AS TO FORM: Peter�ATTORNEY (kWMU12 54781) APPROVED: 4phTerrell, MAYOR ATTEST: Shelley B. Gee gy TRMC, CITY s9CRETARY Ordinance No. 3075-4-12, Page 2 ' EXHIBIT "A" Description of the Property LEGAL DESCRIPTION BEING all that parcel of land located in the City of Allen, Collin County, Texas and being a part of the Michael Lee Survey, Abstract Number 544, and being a part of that called 42.742 acre tract of land described in deed to Allen Independent School District as recorded in County Clerk's Document Number 20110822000884470, Deed Records Collin County and being further described as follows: BEGINNING at a one-half inch iron rod found in the north line of said 42.742 acro tract of land, said point being the southeast corner of Lot 26, Block A, of Waterford Parks — Phase 4, an addition to the City of Allen, Texas, recorded in Volume 2006, Page 181, Map Records Collin County, and said point being the southwest comer of Lot 10 of Kittyhawk Estates Addition, an addition to the City of Allen as recorded in Volume 802, Page 334, Deed Records Collin County; THENCE North 89 degrees 26 minutes 43 seconds East, 375.00 feet along the north line of said 42.742 acre tract of land and along the south line of said Lot 10 to a one-half inch iron rod set for comer; THENCE South 28 degrees 48 minutes 16 seconds Wesl, 556.43 feet to a one-half inch iron rod set for corner; ' THENCE South 88 degrees 28 minutes 55 seconds West, 143.01 feet to a one-half inch iron rod set in the west line of said 42.742 acre tract of land and said point being in the east right -of --way line of Hopewell Drive (a 60 foot right-of-way); THENCE along the west line of said 42.742 acre tract of land and along the east right-of-way line of Hopewell Drive as follows: Northwesterly, 161.15 feet along a non -tangent curve to the left having a central angle of 15 degrees 08 minutes 12 seconds, a radius of 610.00 feet, a tangent of 81.05 feet, and whose chord bears North 09 degrees 05 minutes I1 seconds West, 160.68 feet to a one-half inch iron rod set for comer; North 16 degrees 39 minutes 18 seconds West, 254.54 feet to a one-half inch iron rod set for comer; Northwesterly, 83.31 feet along a tangent curve to the right having a central angle of 15 degrees 54 minutes 38 seconds, a radius of 300.00 feet, a tangent of 41.92 feet, and whose chord beers North 08 degrees 41 minutes 58 seconds West, 83.04 feat to a one-half inch iron rod found for corner, North 00 degrees 44 minutes 38 seconds West. 1.81 feet to a one-half inch iron rod found for the northwest comer of said 42.742 acre tract of land and said point being the southwest comer of said lot 26, Block A; THENCE North 89 degrees 29 minutes I I seconds East, 147.00 feet along the north line of said 42.742 ' acre tract of land and along the south line of Lot 26, Block A to the POINT OF BEGINNING and containing 160,051 square feet or 3.674 acres of land. Ordinance No. 3075-4-12, Page 3 I C EXHIBIT'B" Depiction of Property Boundaries Ordinance No. 3075-4-12, Page 4