O-2598-2-07ORDINANCE NO. 2598-2-07
' 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 TO GRANT SPECIFIC USE PERMIT NO. 102
FOR A SKILLED NURSING FACILITY AND ASSISTED LIVING CENTER
DEVELOPMENT FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO.
54, TRACT 6 FOR "IT" INDUSTRIAL TECHNOLOGY BEING 5.1721 ACRES IN
THE W.J. JACKSON SURVEY, ABSTRACT NO. 484, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED;
PROVIDING FOR A SITE PLAN ATTACHED AS 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 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 Map of the City of Allen,
Collin County, Texas, be amended by granting a change in zoning by granting Specific Use Permit No. 102 for a
Skilled Nursing Facility and Assisted Living Center Development, for property zoned "PD" Planned
Development No. 54, Tract 6 for `TI" Industrial Technology, consisting of 5.1773 acres in the W.J. Jackson
Survey, Abstract No. 484, City of Allen, Collin County, Texas, and being further described in Exhibit "A"
attached hereto.
SECTION 2. The Specific Use Permit for a Skilled Nursing Facility and Assisted Living Center
Development is hereby approved and shall be developed and used only in accordance with the site plan
attached as exhibit "B" which is hereby approved.
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, 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 27TH DAY OF FEBRUARY, 2007.
APPROVED:
Lz
SWpbc& Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CI ATTORNEY Shelley B. Geo C, CITY SibcRETARY
Ordinance No. 2598-2-07, Page 2
DESCRIPTION, of a 5.172 acre tract of land situated in the W.J. Jackson Survey, Abstract No. 464, Collin
County, Texas; said tract being part of Lot 1R-3, Block G, Bray Central One, an addition to the City of Allen,
Texas according to the plat recorded in Cabinet 2006, Page 531 of the Map Records of Collin County, Texas;
said 5.172 acre tract being more particularly described as follows (the bearing system for this survey is based
on a bearing of North 89 degrees 18 minutes 43 seconds East for a north right-of-way line of Raintree Circle
according to the said plat of Bray Central One):
COMMENCING, at a 112 -inch iron rod with "Pacheco Koch" cap found at the intersection of the said north line
of Raintree Circle (an 80 -foot wide right-of-way) and the east dghtof-way, line of Watters Road (a 110 -foot
wide right-of-way); said point being the southwest corner of said Lot 1 R-3;
THENCE, in an easterly direction, along the said north line of Raintree Circle and the south line of said Lot 1 R-
3, the following two (2) calls:
North 89 degrees, 18 minutes, 43 seconds East, a distance of 395.04 feet to a point at the beginning
of a tangent curve to the left;
Along said curve to the left, having a central angle of 24 degrees, 31 minutes, 50 seconds , a radius of
1260.00 feet, a chord bearing and distance of North 77 degrees, 02 minutes, 48 seconds East, 535.34
' feet, an arc distance of 539.45 feet to the POINT OF BEGINNING;
THENCE, North 21 degrees, 34 minutes, 51 seconds West, departing the said north line of Raintree Circle
and the said south line of Lot 1 R-3, a distance of 263.90 feet to an angle point;
THENCE, North 45 degrees, 25 minutes, 39 seconds West, a distance of 171.26 feet to a point for comer;
said point being in a non -tangent curve to the left;
THENCE, in a northeasterly direction, along said curve to the left, having a central angle of 35 degrees, 32
minutes, 44 seconds, a radius of 425.00 feet, a chord bearing and distance of North 26 degrees, 47 minutes,
59 seconds East, 259.46 feet, an arc distance of 263.66 feet to a point for comer;
THENCE, North 89 degrees, 11 minutes, 54 seconds East, at a distance of 6.24 feet passing a 5/8 -inch iron
rod with "C -B" cap found for the southwest comer of Lot 5, Block G, Bray Central One Addition, an addition to
the City of Allen, Texas according to the plat recorded in Cabinet G, Slide 121 of said Map Records,
continuing along the south line of said Lot 5 in all a total distance of 289.08 feet to a 112 -inch iron rod with
"Pacheco Koch" cap found for comer; said point being the southeast comer of said Lot 5, Block G, the
northeast corner of said Lot 1 R-3 and a westerly corner of Lot 9, Block G of the first referenced Bray Central
One addition;
THENCE, South 35 degrees, 32 minutes, 24 seconds East, along an east line of said Lot 1 R-3 and a west line
of said Lot 9, a distance of 393.54 feet to a "+" cut in concrete found for comer in the said north line of
Raintree Circle; said point being in the easternmost corner of said Lot 1 R-3, the southernmost corner of said
Lot 9 and in a non -tangent curve to the right;
THENCE, in a southwesterly direction, along the said north line of Raintree Circle and the said south line of
' Lot 1 R-3, the following two (2) calls:
Along said curve to the right, having a central angle of 13 degrees, 48 minutes, 24 seconds, a radius
of 1810.00 feel, a chord bearing and distance of South 54 degrees, 49 minutes, 02 seconds West,
Ordinance No. 2598-2-07. Page 3
EXEEIBET "A"
LEGAL DESCRIPTION
'
5.172 ACRES
Part of Lots 1 R-3, Block G,
Bray Central One
W.J. Jackson Survey, Abstract No. 484 Survey,
City of Allen, Collin County, Texas
DESCRIPTION, of a 5.172 acre tract of land situated in the W.J. Jackson Survey, Abstract No. 464, Collin
County, Texas; said tract being part of Lot 1R-3, Block G, Bray Central One, an addition to the City of Allen,
Texas according to the plat recorded in Cabinet 2006, Page 531 of the Map Records of Collin County, Texas;
said 5.172 acre tract being more particularly described as follows (the bearing system for this survey is based
on a bearing of North 89 degrees 18 minutes 43 seconds East for a north right-of-way line of Raintree Circle
according to the said plat of Bray Central One):
COMMENCING, at a 112 -inch iron rod with "Pacheco Koch" cap found at the intersection of the said north line
of Raintree Circle (an 80 -foot wide right-of-way) and the east dghtof-way, line of Watters Road (a 110 -foot
wide right-of-way); said point being the southwest corner of said Lot 1 R-3;
THENCE, in an easterly direction, along the said north line of Raintree Circle and the south line of said Lot 1 R-
3, the following two (2) calls:
North 89 degrees, 18 minutes, 43 seconds East, a distance of 395.04 feet to a point at the beginning
of a tangent curve to the left;
Along said curve to the left, having a central angle of 24 degrees, 31 minutes, 50 seconds , a radius of
1260.00 feet, a chord bearing and distance of North 77 degrees, 02 minutes, 48 seconds East, 535.34
' feet, an arc distance of 539.45 feet to the POINT OF BEGINNING;
THENCE, North 21 degrees, 34 minutes, 51 seconds West, departing the said north line of Raintree Circle
and the said south line of Lot 1 R-3, a distance of 263.90 feet to an angle point;
THENCE, North 45 degrees, 25 minutes, 39 seconds West, a distance of 171.26 feet to a point for comer;
said point being in a non -tangent curve to the left;
THENCE, in a northeasterly direction, along said curve to the left, having a central angle of 35 degrees, 32
minutes, 44 seconds, a radius of 425.00 feet, a chord bearing and distance of North 26 degrees, 47 minutes,
59 seconds East, 259.46 feet, an arc distance of 263.66 feet to a point for comer;
THENCE, North 89 degrees, 11 minutes, 54 seconds East, at a distance of 6.24 feet passing a 5/8 -inch iron
rod with "C -B" cap found for the southwest comer of Lot 5, Block G, Bray Central One Addition, an addition to
the City of Allen, Texas according to the plat recorded in Cabinet G, Slide 121 of said Map Records,
continuing along the south line of said Lot 5 in all a total distance of 289.08 feet to a 112 -inch iron rod with
"Pacheco Koch" cap found for comer; said point being the southeast comer of said Lot 5, Block G, the
northeast corner of said Lot 1 R-3 and a westerly corner of Lot 9, Block G of the first referenced Bray Central
One addition;
THENCE, South 35 degrees, 32 minutes, 24 seconds East, along an east line of said Lot 1 R-3 and a west line
of said Lot 9, a distance of 393.54 feet to a "+" cut in concrete found for comer in the said north line of
Raintree Circle; said point being in the easternmost corner of said Lot 1 R-3, the southernmost corner of said
Lot 9 and in a non -tangent curve to the right;
THENCE, in a southwesterly direction, along the said north line of Raintree Circle and the said south line of
' Lot 1 R-3, the following two (2) calls:
Along said curve to the right, having a central angle of 13 degrees, 48 minutes, 24 seconds, a radius
of 1810.00 feel, a chord bearing and distance of South 54 degrees, 49 minutes, 02 seconds West,
Ordinance No. 2598-2-07. Page 3
435.11 feet, an arc distance of 436.16 feet to a point at the end of said curve; said point being the
beginning of a compound curve to the right;
' Along said curve to the right, having a central angle of 03 degrees, 03 minutes, 39 seconds, a radius
of 1260.00 feet, a chord bearing and distance of South 63 degrees, 15 minutes, 04 seconds West,
67.30 feet, an arc distance of 67.31 feet to the POINT OF BEGINNING;
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CONTAINING, 225,281 square feet or 5.172 acres of land, more or less.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or establish interests in real property except those rights and interests implied
or established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
Ordinance No. 2598-2-07, Page 4
EJHEBIT "B"
STTE PLAN
' This exhibit is available for view in the City Secretary's Office.
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Ordinance No. 2598-2-07, Page 5