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O-2498-3-06a : t 4: aTsTta7ikil:'SrEi. ' 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. 101 FOR A HELISTOP FOR PROPERTY ZONED "PD" PLANNED DEVELOPMENT NO. 45 FOR CORRIDOR COMMERCIAL BEING 17.0090± ACRES IN THE JOHN FYKES SURVEY, ABSTRACT NO. 325 AND THE L.K. PEGUES SURVEY, ABSTRACT NO. 702, BEING LOT 1, BLOCK A, PHS AMBULATORY CARE CENTER, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A SITE PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR A FLIGHT PLAN ATTACHED AS EXHIBIT "C"; 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. 101 for a Helistop, for property zoned "PD" Planned Development No. 45 consisting of 17.0090± acres in the John Fykes Survey, Abstract No. 325 and the L.K. Pegues Survey, Abstract No. 702, being Lot 1, Block A, PHS Ambulatory Care Center, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2. The Specific Use Permit for Helistop is hereby approved subject to the following special conditions: 1. The property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit `B" and the Flight Plan attached hereto as Exhibit "C," which are hereby approved. 2. The use of this Helistop is for the emergency transport of patients only. ' 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, fum 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 le DAY OF MARCH, 2006. 1 APPROVED AS TO FORM: IACs= Peter G. Smith, cYTV ATTORNEY APPROVED: Stephen Iferrell, MAYOR ATTEST: Shelley B. George, TRMC, CITY SECRETARY Ordinance No. 2498-3-06, Page 2 EDIT "A" LEGAL DESCRIPTION ' MAR. 0. 2006 4:33PM RAYMOND 16000SON JR INC. NOW P. 4 SURVEY 0.4051 ACRE TRACT Part of Lot 1R, Block A PNS Ambulatory Care Center John Fykes Survey, Abstract No. 325 L.K Pegues Survey, Abstract No. 702 City of Allen, Collin County, Texas Being a 0.4051 acre tract of land situated in the John Fykes Survey, Abstract No. 325 and the LK Pegues Survey, Abstract No. 702, City of Allen, Collin County, Texas, and being a part of Lot 1R, Block A, PHS Ambulatory Care Center, an addition to the City of Allen, Colin County, Texas, according to the plat recorded in Cabinet O, Slide 236, Plat Records, Collin County, Texas, and being more particularly described as follows: COMMENCING at a point for comer in the southerly line of Exchange Parkway (a 121' dglnof- y at this point), said point being the northwest comer of said Lot 1R; THENCE South 11° 16' 26' West departing said common line a distance of 51.04 feet to a 112 Inch Iron rod with yellow plastic cap stamped "RLG INC" set for comer end the POINT OF BEGINNING; THENCE South 72' 00' 00' East a distance of 133.25 feet to a 112 inch iron rod with yellow plastic cep stamped 'RLG INC" set for comer, THENCE South 18' 00'00' West a distance of 122.71 feet to a 112 inch iron rod with yellow plastic cap stamped "RLG INC" set for comer, THENCE South 63" 00' 00" West a distance of 14.91 feet to a 1/2 Inch iron red wth yellow plastic cap stamped "RLG INC' set for comer, THENCE North 72' 00' 00' West a distance of 112.17 feet to a 112 Inch Icon and with yellow plastic cap stamped 'RLG INC" set for comer, THENCE North 27° 00' 00' Weal a distance of 14.91 feet to a 12 inch iron rod with yellow plastic cap $Wmped'RLG INC" set for comer, Sheat i of 3 ' 24178X RECEIVED TIME MAR. I. 4:46PM Ordinance No. 2498-3-06, Page 3 THENCE North 61' 23'48" East along the common line between said Exchange Parkway and said Lot 1 R a distance of 175.07 feet to a point for comer: THENCE South 30° 09' 09' East along said common line a distance of 6.50 feet to a point for comer, THENCE North 61' 23'48° East along said common fine a distance of 87.24 feet to a point for comer at the beginning of a curve to the right; THENCE in a northeasterly direction along said common line and along said wive to the right whose chord bears North 81' 20'07' East a distance of 632.58 feet, hating a radius of 927.50 fest, a central angle of 39' 52' 38", and an we length of 645.53 feet to a point for comer, THENCE South 11° 16' 26' West departing said common line a distance of 51.04 feet to a 112 Inch Iron rod with yellow plastic cap stamped "RLG INC" set for comer end the POINT OF BEGINNING; THENCE South 72' 00' 00' East a distance of 133.25 feet to a 112 inch iron rod with yellow plastic cep stamped 'RLG INC" set for comer, THENCE South 18' 00'00' West a distance of 122.71 feet to a 112 inch iron rod with yellow plastic cap stamped "RLG INC" set for comer, THENCE South 63" 00' 00" West a distance of 14.91 feet to a 1/2 Inch iron red wth yellow plastic cap stamped "RLG INC' set for comer, THENCE North 72' 00' 00' West a distance of 112.17 feet to a 112 Inch Icon and with yellow plastic cap stamped 'RLG INC" set for comer, THENCE North 27° 00' 00' Weal a distance of 14.91 feet to a 12 inch iron rod with yellow plastic cap $Wmped'RLG INC" set for comer, Sheat i of 3 ' 24178X RECEIVED TIME MAR. I. 4:46PM Ordinance No. 2498-3-06, Page 3 1 MAR. 8. 2006 4: 33PM RAYMOND I GOODSON A INC. N0.480 P. 5 THENCE North 18' 0o, 00' East a distance of 122.71 feat to the POINT OF BEGINNING and containing 17,644 square feet or 0.4061 acres of land, more or less. Basis of Bearing: South lure of Exchange Parkway (Rowlett Road) per plat recorded Cabinet F, Page 646 M.R.C.C.T. Controlling monuments are as shown on survey. Dale R. While RP.LS.No.4762 PFUIVIrl) TIME MAR. 8, 4:48PM Ordinance No. 2498-3-06, Page 4 Sheet 2 of 3 24178X I 1 1 MAR, 8. 2006 4:33PM RAYMDND L 6000SON JR INC. Y 7 M NO. 480 P. 6 61r[�/af' NIUY nrs rr• `ANGE P'67K1YAY �� 1w.wr Yvw.awnv-nn7 run r, a ru rncW L0712 &=A MS Ah0AA 7ZWY CASE rn MW CAS. Q SL 23S, AACC) am r rows arvd ur> [rowwt eaawr gown w � oar rur.rnxnm c,e r aw rwcex IX1/)AYY(rK rwl0/IS Mf K gnaw a avre RAYROND L. 000DSON, JR-. INC. 6446 LA SIERRA SUITE 300 &8.17 DALLAS, TX 75231-4138 SG 214-738-8100 rIgOrIg a'rRE[ELVED TIME --MAR. 0.-. 1P €1pa� all 9r, J� SURVEY )51 ACRE TRACT PART OF LOT 1R, BLOCK A PHS AMBULATORY CARE CENTER JOAN FYKES SURVEY ABSTRACT N0. 325 4 K PEGUES suRR1EY ABSTRACT NO. 702 CITY OF ALLEN, COLLIN COUNTY, TEXAS 1\t 41 nl 1- - 200' OA 7E 03-08-2006 06377 I E -FILE 06827.DW0 I OZ NO. 24178X Ordinance No. 2498-3-06, Page 5 GRAPHIC SCALE o IN rm 1 s h . zoo 1r. x.,wrr• o,.nw Y 7 M NO. 480 P. 6 61r[�/af' NIUY nrs rr• `ANGE P'67K1YAY �� 1w.wr Yvw.awnv-nn7 run r, a ru rncW L0712 &=A MS Ah0AA 7ZWY CASE rn MW CAS. Q SL 23S, AACC) am r rows arvd ur> [rowwt eaawr gown w � oar rur.rnxnm c,e r aw rwcex IX1/)AYY(rK rwl0/IS Mf K gnaw a avre RAYROND L. 000DSON, JR-. INC. 6446 LA SIERRA SUITE 300 &8.17 DALLAS, TX 75231-4138 SG 214-738-8100 rIgOrIg a'rRE[ELVED TIME --MAR. 0.-. 1P €1pa� all 9r, J� SURVEY )51 ACRE TRACT PART OF LOT 1R, BLOCK A PHS AMBULATORY CARE CENTER JOAN FYKES SURVEY ABSTRACT N0. 325 4 K PEGUES suRR1EY ABSTRACT NO. 702 CITY OF ALLEN, COLLIN COUNTY, TEXAS 1\t 41 nl 1- - 200' OA 7E 03-08-2006 06377 I E -FILE 06827.DW0 I OZ NO. 24178X Ordinance No. 2498-3-06, Page 5 1 II �I f�1 I5i MTrMlr1WYOX f j 11yi oily MAV 0 Y