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Home My WebLink AboutO-2968-11-10ORDINANCE NO. 2968-11-10 ' 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 SPECIFIC USE PERMIT NO. 114 FOR AN ASSISTED LIVING FACILITY FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 3 FOR "ME -12" MULTI -FAMILY, SAID PROPERTY BEING A 7.30+ ACRE TRACT IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; APPROVING A SITE PLAN; APPROVING BUILDING ELEVATIONS; 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 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 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, Texas, be amended by granting Specific Use Permit No. 114 for an Assisted Living Facility, for property zoned "PD" Planned Development No. 3, for "MF -12" Multi -Family, said property being a 7.30± acre tract in the William Perin Survey, Abstract No. 708, City of Allen, Collin County, Texas, more particularly described in Exhibit "A" attached hereto (`the Property") and made a part hereof for all purposes. SECTION 2. The use and development of the Property for an Assisted Living Facility as authorized by Section 1, hereof, shall be in accordance with the Site Plan attached hereto as Exhibit "B" and the Building Elevations attached hereto as Exhibit "C," said exhibits being incorporated herein and made a part hereof for all purposes and which are hereby approved. SECTION 3. 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 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. I 1 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, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. 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 the Allen Land Development Code, 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 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 COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 23°O DAY OF NOVEMBER, 2010. APPROVED AS TO FORM: ��Peter G. Smith, ATTORNEY APPROVED: �Stepmll, MAY ATTEST: Shelley B. Ged4, TRMC, crrV SECRETARY Ordinance No. 2968-I1-10, Page 2 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY BEING a tract of land situated in the William Perrin Survey, Abstract No. 708, in the City of Allen, Collin County, Texas, and being the same tract of land conveyed to Sumeer, Inc., a corporation by Deed recorded in Document No. 93-0023704, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set with yellow cap stamped DCA Inc. for comer, said corner lying in the Northwest line of Greenville Avenue (variable width right-of-way) and being North 59 degrees 21 minutes 30 seconds West, 3.51 feet from the South corner of Lot 1 of Replat of Willow Creek Estates, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof recorded in Cabinet D, Slide 28 of the Plat Records, Collin County, Texas; THENCE South 30 degrees 35 minutes 06 seconds West, along the Northwest line of said Greenville Avenue, a distance of 600.02 feet to a TxDOT monument for comer; THENCE North 59 degrees 25 minutes 00 seconds West, being in the Northeast line of Tract I, Allen Business Centre, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof recorded in Cabinet E, Slide 141 of the Plat Records, Collin County, Texas, and passing the most Easterly comer of the Replat of Tracts G and H of Allen Business Centre, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof recorded in Cabinet K, Slide 400 of the Plat Records, Collin County, Texas, and continuing a total distance of 600.51 feet to a 1/2 inch iron rod set with yellow cap stamped DCA Inc. for corner, said comer being the most Southeasterly corner of Tract FR, Correction of ' Error of the Allen Business Centre Replat, an addition to the City of Allen, Collin County, Texas, according to the map or plat thereof recorded in Cabinet I, Slide 596 of the Plat Records, Collin County, Texas, said corner lying in a tangent curve to the Right, having a radius of 236.84 feet, a delta of 60 degrees 34 minutes 19 seconds and a chord bearing and distance that bears North 29 degrees 08 minutes 35 seconds West, 238.88 feet; THENCE along the Easterly line of said Tract FR and along said curve to the Right, an are length of 250.38 feet to a 5/8 inch iron rod found for comer; THENCE North 01 degrees 08 minutes 14 seconds East, continuing along the East line of said Tract FR, a distance of 48.54 feet to a 1/2 inch iron rod set with yellow cap stamped DCA Inc. for comer, said corner lying in the South line of aforementioned Replat of Willow Creek Estates; THENCE South 88 degrees 50 minutes 17 seconds East, along the South line of said Replat of Willow Creek Estates, a distance of 840.39 feet to a 1/2 inch iron rod found for corner, said corner lying in a tangent curve to the Right, having a radius of 190.00 feet, a delta of 29 degrees 28 minutes 49 seconds and a chord bearing and distance that bears South 74 degrees 05 minutes 55 seconds East, 96.69 feet; THENCE continuing along the South line of said Replat of Willow Creek Estates and along said curve to the Right, an are length of 97.76 feet to a 1/2 inch iron rod set with yellow cap stamped DCA hie. for comer; THENCE South 59 degrees 21 minutes 30 seconds East, continuing along the South line of said Replat of Willow Creek Estates, passing the aforementioned South comer of Lot 1 and continuing a total distance of ' 25.55 feet to the POINT OF BEGINNING and containing 318,081 square feet or 7.30 acres of land. I pry EXHIBIT "B" SITE PLAN F idill, r 1 F Li I■`lK;lL--IWllwl� I