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Home My WebLink AboutO-2586-1-07ORDINANCE NO. 2586-1-07 ' 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 GRANTING A CHANGE IN ZONING FROM "A -O" AGRICULTURE -OPEN SPACE, TO "PD" PLANNED DEVELOPMENT NO. 101 FOR ARTS AND ARTS RELATED USES ON 124374± ACRES OUT OF THE J. J. DRIGGERS SURVEY, ABSTRACT NO. 274, AND THE CHADRICK JACKSON SURVEY, ABSTRACT NO. 459, BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF DEVELOPMENT REGULATIONS, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR A CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT "C"; 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 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, 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 from "A -O" Agriculture -Open Space District, to "PD" Planned Development No. 101 for Arts and Art Related Uses on 124.374± acres of land out of the J.1. Driggers Survey, Abstract No. 274, and the Chadrick Jackson Survey, Abstract No. 489, 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 "CC" Corridor Commercial Zoning District except as otherwise provided by the Development Regulations attached hereto as Exhibit `B," and the Concept Plan attached hereto as Exhibit "C," and which are hereby approved, shall be used only in the manner and for the purpose provided for by the Allen Land Development Code Zoning Regulations, as amended. SECTION 3. 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. ' SECTION4. 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 5. An offense committed before the effective daze 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 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 Allen Land Development Code Zoning Regulations as previously amended, and upon conviction shall he 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 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 TILLS TBE 23RD DAY OF JANUARY, 2007. APPROVED AS TO FORM: Peter G. Smith, Ci Attorney I APPROVED: Ast,ph'R.QM-1-1,M�-y'r ATTEST: Shelley B. e, City SecretifrY Ordinance No. 2586-1-07, Page 2 EXH1BFf "A" ' BEING A 124.374 ACRE TRACT OF LAND SITUATED IN THE J. J. DRIGGERS SURVEY, ABSTRACT NO. 274, AND THE CHADRICK JACKSON SURVEY, ABSTRACT NO 489, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING A PART OF THE REMAINDER OF TRACT 1, CALLED 242.672 ACRES, DESCRIBED IN DEED TO BRIAR RIDGE INVESTMENTS, INC., RECORDED IN COUNTY CLERK'S FILE NO 91-0064625 OF THE DEED OF RECORDS OF COLLIN COUNTY, TEXAS (D.R.C.C.T.) SAID 124.374 ACRES TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A CONCRETE HIGHWAY MONUMENT WITH ALUMINUM DISC STAMPED "NO 471" FOUND FOR THE NORTHWEST CORNER OF SAID REMAINDER TRACT AND THE COMMON NORTHEAST CORNER OF THE REMAINDER OF TRACT H, CALLED 45.738 ACRES, DESCRIBED IN DEED TO MIXON INVESTMENT CO., INC., RECORDED IN VOLUME 803, PAGE 446, DR.C.C.T, SAID CORNER BEING IN THE EXISTING SOUTH RIGHT-OF-WAY (RO. W.) LINE OF STATE HIGHWAY NO. 121; THENCE, N 66°52'48" E, ALONG THE NORTH LINE OF SAID REMAINDER TRACT 1 AND THE COMMON SOUTH R.O.W. LINE OF SAID STATE HIGHWAY NO. 121, A DISTANCE OF 2,884.93 FEET TO A POINT FOR CORNER FOUND FOR THE NORTHEAST CORNER OF SAH) REMAINDER TRACT 1 AND THE COMMON NORTHWEST CORNER OF A CALLED 138.038 ACRE TRACT OF LAND DESCRIBED IN DEED TO THOMAS O. HICKS, RECORDED IN COUNTY CLERK'S FILE NO 2000-0129958, D.RC.C.T. THENCE, DEPARTING SAID COMMON LINE, AND ALONG THE EAST LINE OF SAID REMAINDER TRACT 1 AND THE COMMON WEST LINE OF SAID 138.038 TRACT, THE FOLLOWING COURSES: S 00°44'48" E, A DISTANCE OF 1,400.05 FEET TO A POINT FOR CORNER; S Ol°04' 10" E, A DISTANCE OF 455.64 FEET TO A POINT FOR CORNER; ' THENCE, DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID REMAINDER TRACT 1, THE FOLLOWING COURSES: S 52°04'25" W, A DISTANCE OF 218.19 FEET TO A POINT FOR THE BEGINNING OF A TANGENT CURVE TO THE LEFT; SOUTHWESTERLY, ALONG SAID TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,060.00 FEET, A DELTA ANGLE OF 10°53'38", A LONG CHORD THAT BEARS S 46°37'36" W, A DISTANCE OF 201.24 FEET AND AN ARC LENGTH OF 201.54 FEET TO A POINT FOR CORNER; S 41°10'47" W, A DISTANCE OF 100.00 FEET TO A POINT FOR THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; SOUTHWESTERLY, ALONG SAID TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1,060.00 FEET, A DELTA ANGLE OF 20°36'01" A LONG CHORD THAT BEARS S 51°28'4T" W, A DISTANCE OF 379.07 FEET AND AN ARC LENGTH OF 381.12 FEET TO A POINT FOR CORNER; S 61°46'48"' W, A DISTANCE OF 331.93 FEET TO A POINT FOR THE BEGINNING OF A TANGENT CURVE TO THE RIGHT; SOUTHWESTERLY, ALONG SAID TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1,080.00 FEET, A DELTA ANGLE OF 24°48'49", A LONG CHORD THAT BEARS S 74°I1'13" W, A DISTANCE OF 464.08 FEET AND AN ARC LENGTH OF 467.73 FEET TO A POINT FOR CORNER; Ordisaace Na 2586-1-07, Page 3 S 86°35'3T' W, A DISTANCE OF 407.23 FEET TO A POINT FOR THE BEGINNING OF A TANGENT CURVE TO THE LEFT; ' SOUTHWESTERLY, ALONG SAID TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 1,185.00 FEET, A DELTA ANGLE OF 23°22'36", A LONG CHORD THAT BEARS S 74-54'19" W, A DISTANCE OF 480.13 FEET PASSING AT AN ARC LENGTH OF 192.41 FEET AN ELL CORNER OF SAID REMAINDER TRACT 1 AND THE COMMON MOST NORTHERLY NORTHEAST CORNER OF TRACT Ordisaace Na 2586-1-07, Page 3 IA, CALLED 66.036 ACRES DESCRIBED IN DEED TO HH.LWOOD RLD, LP, RECORDED IN COUNTY CLERK'S FILE NO. 2004-0013887, D.R.C.C.T., AND CONTINUING ALONG A SOUTH LINE OF SAID ' REMAINDER TRACT 1 AND THE COMMON NORTH LINE OF SAID TRACT IA, FOR A TOTAL ARC LENGTH OF 483.48 FEET TO A POINT FOR CORNER; THENCE, CONTINUING ALONG SAID COMMON LINE, THE FOLLOWING COURSES: S 63°13'02" W, A DISTANCE OF 49.34 FEET TO A POINT FOR THE BEGINNING OF A TANGENT CURVE TO THE LEFT; SOUTHWESTERLY, ALONG SAID TANGENT CURVE TO THE LEFT RAVING A RADIUS OF 1,060.00 FEET, A DELTA ANGLE OF 22°16'49", A LONG CHORD THAT BEARS S 52°04'38" W, A DISTANCE OF 409.60 FEET AND AN ARC LENGTH OF 412.19 FEET TO A POINT FOR A SOUTHWEST CORNER OF SAID REMAINDER TRACT 1 AND THE COMMON MOST NORTHERLY NORTHWEST CORNER OR SAID TRACT IA, SAID POINT BEING IN THE EAST LINE OF A CALLED 21.2218 ACRE TRACT OF LAND DESCRIBED IN DEED TO CATHOLIC DIOCESE OF DALLAS, RECORDED IN COUNTY CLERK'S FILE NO. 2002-0163177, D.R.C.C.T., AND FROM SAID POINT IN THE NORTH CORNER OF BRIDGEWATER CROSSING ADDITION, AN ADDITION TO THE CITY OF ALLEN, RECORDED IN VOLUME L, PAGE 52 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS, BEARS S 0098'03" W, A DISTANCE OF 8.37 FEET; THENCE, N 00°18'03" E, ALONG THE WEST LINE OF SAID REMAINDER TRACT 1 AND THE COMMON EAST LINE OF SAID 21.2218 ACRE TRACT, A DISTANCE OF 387.76 FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 21.2218 ACRE TRACT; THENCE, N 00°00'31" W, CONTINUING THE WEST LINE OF SAID REMAINDER TRACT 1, A DISTANCE OF 18.98 FEET TO A POINT FOR THE SOUTHEAST CORNER OF SAID REMAINDER TRACT II; ' THENCE, CONTINUING ALONG THE WEST LINE OF SAID REMAINDER TRACT 1 AND THE COMMON EAST LINE OF SAID REMAINDER TRACT II, THE FOLLOWING COURSES: N 01°03'32" W, A DISTANCE OF 1,331.40 FEET TO A POINT FOR CORNER; LI N 00°04'32" W, A DISTANCE OF 275.08 FEET TO THE POINT OF BEGINNING, AND CONTAINING 124.374 ACRES OF LAND, MORE OR LESS; Ordinance No. 2586-1-07, Page 4 r. r EXHIBIT"B^ DEVELOPMENT REGULATIONS This exhibit is available for view in the City Secretary's Office. Ordinance No. 25861-07, Page 5 EXHIBIT "C" CONCEPTPLAN This exhibit is available for view is the City Secretary's Office. Ordinance No. 25861-07, Page 6