Loading...
O-2214-9-03ORDINANCE NO. 2214-9-03 ' 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, BY GRANTING A CHANGE IN ZONING FOR A PORTION OF TRACT 1 OF PLANNED DEVELOPMENT NO. 63 — CORRIDOR COMMERCIAL. (PD -CC) TO COMMUNITY FACILITIES (CF) FOR 21.2138± ACRES OF LAND IN THE CHADRICK JACKSON SURVEY ABSTRACT NO. 489, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Corranussion 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 revised. ' 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 previously amended, be amended by granting a change in zoning for a portion of Tract 1 of Planned Development No. 63 — Corridor Commercial (PD -CC) to Community Facilities (CF) on 21.2138± acres of located in the Chadnck Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations, as heretofore amended, and as amended herein. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, as amerided hereby, which shall remain m full force and effect. 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 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 1 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 unmediately 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 9ra DAY OF SEPTEMBER 2003. APPR�OJV�ED�: /— Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: L 1 7 Peter G. Smith, CnWATTORNEY Shelley B. Georg C, CTCRETARY Ordinance No. 2214-9-03, Page 2 EXIIII31T "A" ' LEGAL DESCRIPTION 21.2138 ACRES BEING a tract of land out of the CHADRICK JACKSON SURVEY, Abstract No. 489, in the City of Allen, Collin County, Texas, being part of the 180.66 acre tract of land described in deed to Gulf Coast Package, Ltd., recorded in Collin County, Clerk's File No. 94-0060164 of the Land Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron rod found in the west line of a 180.09 acre tract of land described in deed to Briar Ridge Investments, Ltd., recorded in Volume 3827, Page 186 of the Land Records of Collin County, Texas, said iron rod being the southeast corner of a tract of land described in deed to Mixon Investment Company, Inc., recorded in Volume 803, Page 446 of the Deed Records of Collin County, Texas, said iron rod also being approximately in the intersection of the centerline of a dirt road know as West Rowlett Road (County Road 113) to the west and the east side of said dirt road to the south; THENCE with the west line of said 180.09 acre tract and along the east side of a dirt road, South 00°26'27" West, a distance of 397.71 feet to a 5/8" iron rod set with a plastic rap stamped "KHA" (hereinafter called 5/8" iron rod set) in the north right-of-way line of Ridgeview Drive (55' ROW) and the north line of BRIDGEWATER CROSSING, an addition to the City of Allen, according to the plat thereof recorded in Cabinet L, Page 52 ' of the Map Records of Collin County, Texas, said iron rod being the beginning of a non - tangent curve to the left, having a central angle of 1147'31", a radius of 1190.00 feet and a chord bearing and distance of South 39131'15" West, 37.22 feet; THENCE southwesterly, with said curve, and said north right-of-way line, an arc distance of 37.22 feet to a 5/8" iron rod set for comer; THENCE continuing with the north right-of-way line of Ridgeview Drive, South 38037'29" West, a distance of 1040.41 feet to a 5/8" iron rod set for corner, THENCE leaving the north right-of-way line of Ridgeview Drive, the following courses and distances to wit: North 51022'31" West, a distance of 432.52 feet to a 5/8" iron rod set; North 00019'36" West, a distance of 963.45 feet to a 5/8" iron rod set in the center of said West Rowlett Road; THENCE along said centerline, North 89040'24" East, a distance of 1019.60 feet to the POINT OF BEGINNING and containing 21.2138 acres of land. Bearing system based on the monuments found along the south right-of-way line of Ridgeview Drive according to the plat of BRIDGEWATER CROSSING, an addition to the City of Allen, according to the plat thereof recorded in Cabinet L, Page 52 of the Map Records of Collin County, Texas. Ordinance No. 2214-9-03, Page 3