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Home My WebLink AboutO-2587-1-07ORDINANCE NO. 2587-1-07 ' 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 AMENDING -PD- PLANNED DEVELOPMENT NO. 53, ORDINANCE NO. 1171-5-93, TO ALLOW DAY CARE USES ON 2.8281 ACRES OF LAND IN TRACT 2 OF THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, BEING IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT 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 AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission 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 fav 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, the City Council has concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously ' amended, should be further amended as follows: 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, as amended by granting a change in zoning by amending Planned Development No 53, Ordinance No. 1171-5-93, as heretofore amended, to allow Day Care uses on 2.828-1 acres of land in Tract 2 of the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and being made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the zoning regulations for "CF" Community Facilities District Zoning, as amended herein, and the Concept Plan, attached hereto as Exhibit `B," and which is hereby approved. SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein. 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. Planned Development No. 53, Ordinance No. 1171-5-93 shall continue in full force and effect, except as amended herein. ' SECTION 6. 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 7. 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. SECTIONS. Any person, fnm 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 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. 1 SECTION 9. 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. OF THE CITY OF ALLEN, COLUN COUNTY, TEXAS, ON THIS THE 23RD DAY OF JANUARY, 2007. APPROVED: w.;�,AWA'Mgjri1 APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITYtATTORNEY Shelley B. CieorW, CFFY SE ABY Ordinance No. 2587-1-07, Page 2 EXBDSIT "A" LEGAL DESCRIPTION ' Z828ACRE TRACT LOCATED IN THE CITY OF ALLEN, TEXAS AND BEING OUT OF THE MARYSANDIFER SURVEY, ABSTRACT NO. 812, COLLIN COUNTY, TEXAS DESCRIPTION OF PROPERTY SURVEYED BEING a tract of land out of the Mary Sandifer Survey, Abstract No. 812, Collin County, Texas and being that same tract of land described in deed to Charles K Green as recorded in Volume 5856, Page 592, Deed Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGIMVING at a found "x" in concrete in the approximate centerline of County Road 145 and being on the south line of Wallace Drive (called 50foot right-of-way) and said "x" being the northwest corner of said Green tract THENCE South 89 degrees 03 minutes 05 seconds East, a distance of 311.81 feet to a found Yz-inch Iron rod on the south line of said Wallace Drive and being the northeast corner of said Green tract and being the northwest corner of a tract of land described as Combination Plat, West Allen Church of Christ, as recorded in Volume K Page 875, Plat Records, Collin County, Texas; ' THENCE South 00 degrees 58 minutes 59 seconds West, passing a found %,-inch Iron rod at 341,27feet and continuing a total distance of 394.04 feet to a set "x" in concrete at the southeast corner ofsaid Green tract and being on the north side of Exchange Parkway (variable width right-of-way); THENCE North 89 degrees 03 minutes 00 seconds West, a distance of 313.54feet along the north line of said Exchange Parkway to a set "x" in concrete at the southwest corner ofsaid Green tract and being in said County Road 145; THENCE North 01 degree 12 minutes 03 seconds East, a distance of 394.04 feet to the POINT OF BEGINNING and containing 123,207 square feet or 2.818 acres of land. NOTES 1. Bearing system for this survey is based on a bearing of South 89' 03"05"' East, for the south line of Wallace Drive, as recorded in Volume 5856, Page 592, of the Deed Records of Collin County, Texas. 2. Subject Property is shown on the National Flood Insurance Flood Insurance Rate Map for Tarrant County, Texas, Map No. 4808500430 C Community -Panel No. 480131 0430 J, Effective Date: January 19, 1995. Relevant zones are defined on said map as follows: Zone "X" — Other Areas determined to be outside 500 -year floodplain. ' 3. No underground utilities have been located and/or shown on this survey. Only visible and apparent above ground utility appurtenances are shown. Ordinance No. 2587-1-07, Page 3 4. Square footage totals shown hereon or referenced herein are based on mathematical closures and do not necessarily represent the positional accuracy of the boundary monuments. ' 5. Any declaration made hereon or herein is made to the original purchaser of the survey. It is not transferable to additional institutions or subsequent owners. 6. The distances shown hereon for adjoining and adjacent properties have been compiled from recorded plats and deeds, and do not necessarily represent field verified or monumented distances. 1 7. All set Iron rods have a plastic cap stamped "PRECISE LAND SURV." SURVEYOR'S CERTIFICATE This survey is based on deeds, easements and/or recorded plats and other records furnished by the client and/or the client's representative as well as significant visible monuments found on the subject property and adjacent properties, field measurements and evidence of boundaries found on the ground However, this survey shall not represent warranty of title or guarantee of ownership. This surveyor did not abstract the subject property. This survey was performed with the benefit of a current title abstract provided by Republic Title, CF, No. 06R31059, FCS, effective date July 27, 2005. There are no visible conflicts, visible evidence of easements or rights -q6 -way or protrusions, except as shown, and that this date the easements, rights -or -way or other locatable matters of record of which the undersigned has knowledge or has been advised are as shown or noted hereon. Ordinance No. 2587-1-07, Page 4 1 1 EXIMTT "B" CONCEPTPLAN This exhibit is available for view in the City Secretary's Office. Ordinance No. 2587-1-07, Page 5