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O-2105-10-02ORDINANCE NO.2105-10-02 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, TO GRANT A CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT NO. 67, ORDINANCE NO. 1609-7-98, BY CHANGING THE ZONING FROM -SC- SHOPPING CENTER TO `TH" TOWNHOME ON 12.120± ACRES OF LAND IN THE J. W. PARSONS SURVEY, ABSTRACT NO. 705, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT °B"; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 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 atter 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 Map of the City of Allen, Collin County, Texas, as amended, be, and the same are hereby, amended by granting a change in zoning by amending Planned Development No. 67, Ordinance No. 1609-7-98 as heretofore amended by changing the zoning from `5C" Shopping Center to "TH" Townhome on 12.120E acres of land in the I W. Parsons Survey, Abstract No. 705, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2. The property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit "B" and which is hereby approved, in accordance with "TH" Townhome District Regulations of the Allen Land Development Code and the following development regulations a) Except as otherwise provided herein the property shall be developed and used in accordance with the zoning regulations for TH Townhome Residential Zoning District. b) Lots width: 20 -feet. C) Side yard: for end unit 5 feet. ' 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, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance 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 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 intoner law is continued in effect for this purpose. SECTION & 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 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 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 22ND DAY OF OCTOBER, 2002. APPROVED: ' Stephen Iterrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Ordinance No. 2105-10-02, Page 2 CITY SECRETARY EXHIBIT "A" LEGAL DESCRIPTION PROPOSED TOWNHOUSE ZONING 12.120 ACRES -ALMA Q RIDGEVIEW - SWC BEING a 12.120 acre tract of land situated in Collin County, Texas, in the J.W. Parsons Survey, Abstract No. 705, and being part of that called 31.97 acre tract of land conveyed by deed to William E. Campbell, Jr., and being more particularly described as follows: BEGINNING at the northwest comer of the property line for Glenndover Park Phase VII, an addition to the city of Allen, Texas, said point also being in the east line of County Road 146 (future Twin Creeks Drive - a variable width right-of-way); THENCE North 01 deg. 10 min. 13 sec. West a distance of 312.00 feet along the west property line of said tract to a point for a corner; THENCE North 89 deg. 03 min. 24 sec. East a distance of 1448.50 feet along north property line for said tract to a point for a corner, said point being a point on a circular curve to the right having a radius of 2064.63 feet, a central angle of 07 deg. 49 min. 56 sec., a cord which bears South 57 deg. 36 min. 32 sec. East, a distance of 282.01 feet; ' THENCE Southeasterly along said circular curve a distance of 282.23 feet along west right-of-way line of Alma Road to a point for a corner; THENCE South 61 deg. 31 min. 30 sec. East a distance of 319.70 feet along said west right-of-way line of Alma Road to a point for a corner; THENCE North 89 deg. 03 min. 24 sec. East a distance of 1961.35 feet along said north property line of Glendover Park Phase VII also being the south property line of said tract to the POINT OF BEGINNING containing 527,952 square feet or 12.120 acres more or less. I Ordinance No. 2105-IM2, Page 3 I / / § [ ,\ >,z/«, \% 'z \�\ ; ] /