O-2142-2-03ORDINANCE NO. 2142-2-03
' 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, AS PREVIOUSLY AMENDED,
BY GRANTING A CHANGE IN ZONING FROM "AO" - AGRICULTURE -OPEN
SPACE DISTRICT TO "PD" — PLANNED DEVELOPMENT FOR COMMUNITY
FACILITIES USES BY ESTABLISHING PLANNED DEVELOPMENT NO. 91 ON
3.9741 ACRES IN THE GEORGE W. FORD SURVEY, ABSTRACT NO. 328, CITY
OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN
EXHIBIT "B"; PROVIDING A REPEALING 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 District Map of the City of
Allen, Collin County, Texas, as amended, be and the same is hereby, amended by granting a change in zoning
from "AO" - Agriculture -Open Space to "PD" Planned Development No. 91 for "CF" — Community Facilities
uses for 3.974± acres in the George W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas.
SECTION 2: The property shall be developed and used only in accordance with the following development
regulations:
Base Zoning District: The property shall be developed in accordance with the "CF" - Community Facilities
Zoning District Regulations except as otherwise provided within:
Permitted Uses: Only Assisted Living Facilities will be permitted in this development with the following
additional conditions:
a) Structures will be limited to a single story.
b) Structures will be made to resemble single family residential housing.
c) Required screening will be accomplished with wrought iron fencing with brick columns and
' landscaping.
d) Structures to be protected with an approved sprinkler system.
e) Design of roadway shall be approved by the City of Allen's Engineering department.
f) Lot 4, as shown on Exhibit B, shall be developed and use only as open space.
Concept Plan: The property shall be developed and used only in accordance with the Concept Plan attached
hereto as Exhibit `B" and which is hereby approved.
SECTION 3. All ordinances of the City of Allen in conflict with the provisions of flus 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, 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 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
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 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 25"r DAY OF FEBRUARY, 2003.
' APPROVED:
Stephel Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
LJ
Pete�mith, ATTORNEY Shelley G CITY S RETARY
Ordinance No. 2142-2-03, Page 2
EXHIBIT "A"
' FIELD NOTE DESCRIPTION
FOR
REZONING FROM "AO" TO "CF"
BEING a 3.974 acre tract of land situated in the George W. Ford Survey, Abstract No.
328, in the City of Allen, Collin County, Texas, as described in Warranty Deed to
Ronald P. Rodenbaugh filed for record in Clerk's File No. 94-0054473, of the Land
Records of Collin County, Texas, and being more particularly described as follows:
BEGINNING at a 1/2" von rod set for the northeast comer of said 3.974 acre tract, same
being in the westerly right-of-way line of Allen Heights Drive (a 110 -foot wide right-of-
way
ight-o&way at this point), said comer being also the northwest corner of a tract of land conveyed
to the City of Allen for right-of-way purposes, recorded in Volume 2737, Page 542, of
the said Land Records, and further, said comer being the beginning of a curve to the left
having a chord bearing of 5.11°39'29"E., a chord length of 75.82 feet, a central angle of
040OT06", and a radius length of 1055.00 feet;
THENCE, along said curve to the left the said west line of Allen Heights Drive, an arc
length of 75.83 feet to a 1/2" von rod set for comer;
' THENCE, S- 13-43'02"E., 183.57 feet to 1/2" iron rod set for corner;
THENCE, S.01°54'09"E., 161.00 feet to a 1/2" von rod set for the southeast corner of
said 3.974 acre tract, same being in the northeast comer of a 6.70 called tract of land
conveyed to James L. Brazeal, recorded in Volume 883, Page 596, of the said Land
Records;
LJ'
THENCE, N.89°49'24"W., 447.50 feet to a 3/4" von pipe found for the southwest corner
of said 3.974 acre tract;
THENCE, N.00°16'15"E., 408.27 feet to a 1/2" von rod found for the northwest comer
of said 3.974 acre tract;
THENCE, 5.89°49'24"E., 382.60 feet to the Point of Beginning and containing 173,151
square feet or 3.974 acres of land.
Ordinance No. 2142-2-03, Page 3
F
EXHIBIT `B" - CONCEPT PLAN
Ordinance No. 2142-2-03, Page 4