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O-2558-9-06ORDINANCE NO. 2559-09-06 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 AMENDING THE DEVELOPMENT REGULATIONS FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 55 FOR TRACT 2 BEING 15215t ACRES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 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 and Zoning Map of the City of Allen, Texas, be amended ' by amending the Development Regulations for Planned Development No. 55, for Tract 2, consisting of 15.215± acres and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The Development Regulations for Tract 2 shall be amended as follows: • The front yard setback along Watters Road shall be 25 feet. SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, as heretofore amended, and as amended herein; and in accordance with Planned Development No. 55, as heretofore amended, and as amended herein. SECTION 4. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, Planned Development No. 55, as heretofore amended, and as amended herein, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. 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 6. An offense committed before the effective date of this ordinance is governed by prior law and ' the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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, 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 8. 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. 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12m DAY OF SEPTEMBER, 2006. APPROVED: OXO— tephen terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley B. George, CITY SECRET Ordinance No. 2558-09-06, Page 2 1 EXIIIBTT "A" LEGAL DESCRIPTION BSING a 15.2151 acre tract of land aimatad is the mcneEZ SRR snaV , AR349FCT M. 541, Collin County, Texas, and being a portion of a tract of land desigoatad as Tract 5 in a Warranty Deed to Allen Central, Ltd., filed 2/16/96. under County Clerk'e Pile Mo. 96-0003739, Lend Record. of Collin Comty, WRas and being more particularly described as follows: SIGIMW2N2 at a 1/26 iron rod at at the later ... tion of the vest right-of-way line of Matters Road is 125' R.O.M. at this point) and the north right-af-.4y Lim of Eames, Road to 60' R.O.M.), and being the southeast mrmr of said Tract 5: THENCE M 97 deg. 52 min. 19 ace. W, along the north rlght-of-wy line of said Bethany Road, a distance of 225.00 feet to a 1/2• iron rod fmund for comer; TMCMCR M 09 On 20 min. 12 sec. W. continudn along the north rigbt-et-vay line of said Bethany Road, s distance of 200.49 feat to a point for comer is the east line of Matters Crossing I, according to the plat thereof recorded in Cabinet H, Slide 709, D.R.QC.T.; TBWCB northerly, along the east line of said Matters Crossing 2, tract, the fallowd., thirty ons U6) .w ...; (11 9 41 deg. 2a min. 00 sec. R, a distance of 95.47 fast to a point for corner; 12) M 13 deg. 42 min. 00 sec. e, a distance of 50.26 feet to a point for ' comer: 137 M 69 deg. 42 min. 00 sac. W, a distance of 100.40 feel to a point far corner; (U W 11 deg. 52 mm. 00 mm. W, a distance of 250.90 fast to • Soler for rotmr; (5) W 14 dag: 47 min. 00 sec. e, s distance of 13).20 feet eo a point for earner; (61 M 1s deg. 30 min, o0 see. W, a distance of 47.10 feet to • point for coanar; (1) M 17 deg. 50 min. 00 see. W, a distance of 93.20 feet. to a point for mrmr; (9) N 47 deg. 40 min. 00 sae. W, a diatanca of 102.26 fact to a point for corner; (9) W 74 dog. 44 min. 00 nae. W, a di at more of 79.90 feet to a point for corner; (10) M 14 deg. 41 min. 00 am. W. s di.t.m. of 45.36 feet to a point for corner; Ordinance No. 2559-09-06, Page 3 111) 9 ii deg. 23 min. 00 sec. 3. a distance of 234.90 feet to a point for ' 112)er,R 29 deg. 12 min. 00 sec. 3, a distance of 98.00 feet to a poise for corner; (131 N 43 deg. 41 min. 00 sec. E. a distance of 51.10 feet to a point for Termer; (14) N 34 deg. 54 min. 00 sec- 3, a distance of 94.46 feet to a point for corner: (15) p 15 deg. 09 min. 00 sec. B. a distance Of 6L25 feet to a point for corner; 110 N 34 deg. 04 min. 00 sec. S, a distance of 84.60 fact to a point for Cerner} S 89 deg. 05 min- 27 oe. 3, a distance Of 445.06 fort TO a 112" iron, r03 Bet for corner in the vectrigSt•of-v Y line of said getters Goad; alZWE soutlwexterly, along the vett right-of-way line of said Natters Road the follosing truce (3) calls; ii) b 00 deg. 54 min. 12 sec. g, a dis[anco of 684.23 feet to a 1(2• iron rod fount for Corner' )2) 6 o1 deg. ai ain. 19 sea N, a distance of 350.04 feet to a 1)2• irnm rod Bac for corm, (3) 5 00 deg. 54 min. 31 sec. g, a distance Of 225.00 feet to the 2t1IBT Of BWINWING and containing 612,220 eq. ft. Or 15.2151 acres of land. 11 Ordinance No. 2558-09-06, Page 4