Loading...
O-1807-3-00ORDINANCE NO. 1807-3.00 ' AN ORDINANCE OF THIN CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM PLANNED DEVELOPMENT NO. 42 TO "R-5" SINGLE-FAMILY RESIDENTIAL. DISTRICT FOR 41.049 ACRES AND "R-7" SINGLE-FAMILY RESIDENTIAL DISTRICT FOR 53.520 ACRES IN THE WITSAUL FISHER SURVEY, ABSTRACT NO. 323, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 of the City of Allen, Texas, 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, Texas, as previously amended, should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning from Planned Development No. 42 to -R-5- Single -Family Residential District on 41.049 acres and "R-7" Single -Family Residential District for 53.520 acres on the following -described tract of land: 94.589 acres in the Witsaul Fisher Survey, Abstract No. 323, City of Allen, Collin County, Texas, and being further 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 Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, and as amended herein. SECTION 3. That all ordinances of the City of Allen, Texas, 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be void or mxonstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense corrunitted before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, 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. SECTION 7. That 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, Texas, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2nd DAY OF MARCH '2000. FA 77:Z1]L 511A Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY JiWy Mor ' o, CMC/AAE, CITY SECRETARY ORDINANCENO. 1807-3-00 _ Page 2 I Exhibit A Legal Description Page 1 of 2 Ordinance No. 1607-3-00 BEING two tracer, of 'Md sauctrd is ds WMawl PMhes Ssevq, Abu" No. 313 is d City mf Altera Collin Casty. Torr, ed being a Pantos 0(a 97.72 sae Want *(land a ooavw"d so nM SavlaP Asodslan, Mcxlarsy, by dad recorded im Vahm 2031. Pap 390 of the Deed Records of Collin Corey. Tale and being a portion of a 13.5235 more tract of land r com", lo Majestic SavbW AssooWla by dad taoadad in Vnhar 1380. hp 355 of tete Deed Raoorde of Collis Cady. Texas, mid tray also Miry r,8 of • I0.6227 aur, tract of lad a amvsyad to M*xda Savimp Amckdm by dad recorded is Volum Ips, Pap 716 of ds Deed Records of Collin Cowry. Team and each tract being son partinrlsrly described as follows: BEOBVNWO is $%* Mao rod to for car being to mm weawly anethwas corns of ds said 10.6217 aur, tract and also being ds nordr,mat cornet of a 11097 aur, aaa of land as ooeveyad so Majeatk Savi[W Association by deed mooded in Voter 1815, Pep 711 of the Dad Records of Collin County. Taxes, said polo also being in the approximate «"tails , of Makae Road (Casty Road No. 264); THENCE N. 00w07'4P W, 1257.11 fat along dee saidimse ine of Mauro Road n a K" iron rad ser for owner being the northwest corear of lbs rid 72 acre tract, said Point also being the wenbwns center of a treat of lard a ooaveyed so Allan Angst, )r., by dead recorded in Volume 672, Pap 395 of the Dad Recada of Collin Texas; THENCE S. 99&31'32" E, 2038.95 fast Jong the commerce property Ila betwear d ald 97 72 acre ase and five said Angel tact to a 3/1' iron rod foul for oc a , THENCE S. 19'11'01" E, 601.09 fw1 continuing alary the Wei cammn property Ilr between the 97.72 acre tract and dw Angel tract to a 3/1" iron rod found for corner being on d v line of I.et 4 of Day Addiaoo, an addition sods City of Allen, CoWn Casty, Teas r neCXX ad m Plat Cabinet 'C , Pap 660 of the Pia Records of Collin Courcy, Tena; THENCE S. 00"00'09" E, 279.21 feet aiuq the comuoun property IMw between the d 97.72 acro tact and the said Dry Addition a a 'A" iron rod found for corms, said pant being th wurhwx" corer of Ila said Day Addition: THENCE S. 99"30'30" E, 597.50 fat along the common popery Jim between the ori 13.5235 masa trot and the mouth Use of the amid Day Addition to a M" inn rod fwd for corm being it ds approxvnate canurt'ns of Rock Ridge Road (County Rod No. 7 ft THENCE S. 03&13'15" W., 493.57 fact along the said ypaaloss ceneedirs of Roti Ridge Rod w a railroad spike food for came THENCE S. 03.34'47" W., 3116 fen continuing along the said approximaae ceeusrlirm of Rock Ridge Road in a K" iron rod sr, for carer, THENCE N. 19'30'50" W., 614.05 fat laving the cod approximate cenucline of Rod Ridge Rad w a SS" iron rod set for cornu; THENCE N. 00107'59" E. 529.17 fen to a :5" iron rad act for corny, THENCE N. 19'52'01" W, 55234 fat w a A- -von rod act for cuter; THENCE N. 89'31'32" W., I SNA6 feet to a SS" iron rod sN far corner: THENCE S, 00'07'49' E., 2%.02 feet to a ''A" iron rod sr, for conver, THENCE S. 89.31'32" E, 141.01 frit to e A" iron red set for caner, THENCE S. 00"07'49" E, 639.43 feet to a S9" iron rod ant for cans Ming m the swd line of the said 10.6217 acre Majestic Savings tract and the north line of the said 3.1097 eon Majestic Savings tract; THENCE along IM notation Property line between dor said HAM ase tau and the aid 3.1097 sue tract the following courses and dlssmas: N. 89'25'25" W, 63.80 fast to a A" iron red met for caner, N. 45004'06' W, 61.00 fen to a 55" %" Man rod sr, for tamer; N. 00'07'49' W, 95.00 fat to a SS" iron rod ad for corner, THENCE S. 99'52'12" W., 245.00 feet continuing slaw the said common property line barween the 10.6227 ase tract and the 3.1097 sue am to On Point of Beginning and containing 41.049 acres, (1,789,089 xpm tat) of Ind. Legal Description R-7 TRACT Par 2 of 2 Ordinance No. 1807-3-00 BEGINNING at a SID" urn rod found for colors on the north Ihr of FM Rad No. 2170 rMein Strad) (a yriabk width rigbr-of--way), and being the southwest curve of the mid 10.6227 weer tract and alb being the southeast carne of a 3.1097 are voct of land m coayeyed b Myeoc Savings Assoom6no by deed recorded in Vohune 2885, Pyr 712 of the Ded Records of Collin Cavity, Tums; THENCE N. 0734'35" E" 220.00 fed keying the and north line of F.M. Rod No. 2170 in a %- iron sod set for come being the northcns carrier of the said 3.197 acre Mayesnc Sayings erect; THENCE N. 89'25'25- W., 114.34 feet Riving the north line of the mid 3.1097 acre MMyetr Sayings teat and the south line of the said 10.6227 ane Majestic Sayings true, b ■ SS" iron rd set for caner THENCE N. 00'07'48' W, 639.43 feet keying the common property tin, berwem the said 3.1097 core Majestic Sayings tract and the said 10.6227 more Majestic Sayi '" up tree; b a A � rod sur for corner, THENCE N. 89'3172" W, 148.01 feet to a %" itoo rod sur for caner, THENCE N. 0007'48" W, 296.02 feet to a 9r" iron rod sur for corse; THENCE S. 89.3172" E, 1829.46 feet to a K" iron rod sit for cosoer, THENCE S. 89'52'01" E, 552.34 fed to a V hon rd set for conte; THENCE S. 070T59" W, 329.17 feet to a 9." iron rod sur for come; THENCE S {9'50'50" E, 614.05 feet w a X" iron rd set foe curve being in the approaimde ce>Merlme of Rock Ridge Road (County Rod No. 719), THENCE S. 03'34'47" W, 529.92 fed along the said appnoxlmale oratelim of Rack Ridge Rod to a 60 d nail found for corner being the southoun cane of the mid 133233 are tract and also being the northeast corner, of a tract of land as eooyeyd to IA and R. Allen Partnership by deed molded to Vahan 1929, Page 216 of the Deed Records of Collin County, Term; THENCE N. 89'51'10' W, 526.26 fed slog the south liar of me said 13.3235 acre acct and the owl lime of the said Allen tract to a X" iron rod set for Ounces, said point boom on he eurt line of • 13.56M More tract of led es conveyed to 2170 / Malone Joint Verne by deed recorded in Voluroe 2885, Page 708 of the Decd Records of Collin Cavy, Tata, amid point also bring in a nno-tarlga4 ,nr"e b the right running in a northerly &Mcdun ed paring a central angle of 40'20'00" a radius of 400.00 fed ad a chord bestingof N. 274I'l l" 13.; THENCE along mid cave, used along the rot line of the mid 2170 / MMlooe tract. 221.511 fat b the ed of said nvye, a X" imn rod set for coma being on the north Ione of the said 2170 / Malone Exact; THENCE along Else north lire of the said 2170 / Malone tram the following come and distances: N. 49'04'34" W, 110.00 fed to a'/." iron rod sur for cont', N. 8925'04" W, 836.83 fed b e 45-" im rod ad for corns, THENCE S. 45°34'57" W., 141.42 fat continuing along the said north line of the 2170 / Malone Erect b • Y." burl rod m for corner being on the went line of the said 2170 1 Malone USM THENCE S. 0734'55" W, 520.00 feet to a 15" iron ted sur for cam being on the said north line of F.M. Road No. 2170, THENCE along the mid north line of F.M. Rad No. 2170 the following entrees and dissarars: N, 89'25'04" W., 270.38 fed b a 3/9" into rod farad for comer, S. 89°37'02" W., 10030 feet to a 518" iron and fond for caw. N. 89'23'31" W, 199.85 fed to a 513" iron rod fond fee come, S, 87°43' 17 W, 100.02 fed to a 548" iron and found for corner, N. 8925102" W., 300.05 lid to a 5/8" roan rd Ibrnd fe come, S. 81 42'34" W, 100.09 four to a 518" iron rod food for corner THENCE N. 89 15'25" W, 174.79 feet continuing along the said north line of F.M. .od No. 2170 n the Point of Beginning end containing 53.520 aoro (2,331,319 squire feet) of iMd.