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O-1325-3-95ORDINANCE NO. 1325-3-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 368-10-81 AND COMPREFMiSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SITE PLAN IN PLANNED DEVELOPMENT NO. 3 (PD NO. 3) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 1.44 ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS, OTHERWISE KNOWN AS TRACT F OF THE ALLEN BUSINESS CENTRE ADDITION; PROVIDING FOR EXHIBIT -W SITE PLAN; PROVIDING FOR A VARIANCE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFEC11VE DATE OF SAID ORDINANCE. 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance 829-11-87 should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Ordinance No. 368-10-81 and Comprehensive Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be, and the same hereby are, amended by approving a site plan for an Office -Space Showroom Warehouse in Planned Development No. 3 (PD No. 3) and providing for a variance to allow parking in the front -yard setback on the following -described tract of land: 1.44 acres of land in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, otherwise known as Tract F of the Allen Business Centre. SECTION 2: The property described in Exhibit "H" attached hereto, and made a part hereof for all purposes, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan attached hereto as Exhibit "H" shall be adhered to in its entirety. SECTION 4: The following variance to the Light Industrial "LP' section of the Allen Zoning Ordinance shall be allowed: 1. That parking be allowed within the front -yard setback. SECTION 5: 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 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 Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, ON THE 16TH DAY OF MARCH , 1995. APPROVED: J& Farmer, MAYOR APPROVED AS TO FORM: ATTEST: M, C, A. Don Morason, CMC, CUY SECRETARY Ordinance No. 1325-3-95 page 2 F'• - y i� r, V - �i L ui CS c5 - —r Q`�� 4t r tP = c c-> --� i.� 4 cs� © Ac:=, z ,p c-� c-' tS<5 a� ate" c�-e- C/s —��a'�`� r-� z ��© z - zz -� 4=7�_ ---i r ---L ,a en F'• - y i� 4t r ge Y� s~ rte., s 1 z - F'• - y i� 4t r ge Y� s~ rte., s 1 t #yd, .o I '/1"I'e': h 9 Ordinance No. 1325--5 [Hbibit II H It SCALE' DATE: -APPROVED EY: Eli a � - DRAWN BY�� " REVIaEO :i�DWING NUMBER AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Saturday, February 25, 1995 and which was issued on February 25, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. %eTbT SUBSCRIBED A DD S�o b Y . AI "y V. A. TODD " MY COMMISSION EXPIRES �''+?= December 5, 1996 ' %•' NOTARY PUB Publisher's fee $ 14 . 6 3 be me this A. D. 19� LIC in and for COLLIN COUNTY. TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council -will conduct -a public hearing at their regular meeting to be held on Thurs- day, March 16, 1995, at 7 30 p m in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to amend the current zoning on, P.D 3 by approving a site plan on a portion of Tract F The request is on property described as a 1.44 acre tract of land being a portion.of Tract F. Allen Business Centre, an addition to the City of Allen, Collin County, Texas, further d6scribed as being located on Pre- stige Circle west of SH 5. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the De- partment of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120 /s/ Judy Morrison ` City Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1325-3-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 22, 1995 and which was issued on March 22, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND ORN to before me this Zy day A.D. 19� o. iy '� V. A. TODD MY COMMISSION EXPIRES December 5, 1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's' fee $ 22 . 50 CITY OF ALLEN i PUBLIC NOTICE Notice is hereby given that the Allen City. Council adopted the following ordinance at their regular meeting held on Thursday, March 16, 1995 (Title and Penalty Clause only): Ordinance No. 1325-3-95: An Ordi- nance of the City of Allen, Collin County, Texas, Amending Ordinance No. 368-10-81 and Comprehensive Zoning Or- . dinance No. 829-11-87, as Previously Amended, by Approving a Site Plan in 'tanned Development No. 3 (PD No. 3) on he Following Described Tract of Land: 44 Acres of Land in the William Perrin stradt No. 708, City of Allen, Collin County, Texas, Otherwise Known as' Tract F of the Allen Business Center Addi- tion; Providing for Exhibit "H" Site Plan; Providing for a Variance; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date'of Said Ordinance. That any person, firm or corporation vio- lating any of the provisions or terms of this ordinance shall be subject to the same I penalty as provided for in Comprehensive I Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each'offense. A copy of this�rdinance may be read or purchased in the b of the City Secret- ary, City of Allen, One Bruler Circle, Texas 75002-2773. \ E /s/ Judy Morrison , City Secretary ORDINANCE NO. 1472-11-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS -BERETOFORE AMENDED, BY REPEALING ORDINANCE NO. 1325-3-95 AND EXHIBIT "H," BEING AN APPROVED SITE PLAN ON TRACT F OF THE ALLEN BUSINESS CENTRE ADDITION; AMENDING ALL ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT HEREWrM- AND PROVIDING FOR AN DATE. Q4EERF.AS, the City Council of the City of Allen, Texas, has deemed it appropriate to repeal Ordinance No. 1325-3-95, and Exhibit "H," to remove the approved site plan on Tract F of the Allen Business Centre Addition; and, WHEREAS, the City Council has deemed this action is necessary in order to facilitate a revised site plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Ordinance No. 1325-3-95, and Exhibit "H," be, and is hereby, repealed SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance 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 I 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 Ordinance No. 1425-5-96, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 4: It appears the above-described property requires that the existing site plan be repealed in order to permit its property development and, in order to protect the public interest, comfort and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, TEXAS, ON THE 7TH DAY OF NOVEMBER . 1996. APPROVED: i APPROVED AS TO FORM: ATTEST: A- ATTORNEY J' Mo n, CMC, CITY SECRETARY fr�� CITY OF ALLEN MEMO To: Jon McCarty, City Manager From: Il , Direct ommunity Developmen - Subject: Request to peal Ordinance No. 1325-3-95 for Sout est Staples Date: November , 1996 SITE ANALYSIS Subject property is a 1.44 acre tract of land located at # 17 Prestige Cr., which is immediately north of the Willow Creek Estates development. It is directly south of Lots 11 and 12. BACKGROUND A site plan was approved for development of this property by the Allen City Council in March 1995. The site plan contained provisions for a 9,500 square foot building. In order to address the concerns of some of the Willow Creek residents who attended the public hearing at that time, enhancements to the landscaping were made; in particular, the living screen of 5 -gallon Photinias to be planted along the properly line between this development and Willow Creek Estates. City staff has been contacted by Southwest Staples, requesting to slightly alter their site plan in order to accommodate a larger building. The new proposed building will be 15,100 feet, which is approximately 5,600 feet larger than the existing plan. The new Zoning Ordinance places review responsibility of site plans within planned developments with City Staff. However, since the existing site plan was approved by the City Council and adopted by Ordinance as an amendment to Planned Development No. 3, it will now be necessary to adopt an ordinance repealing the existing ordinance before the proposal can be changed for development. Enclosed is a memorandum form the Fire Marshal, Craig Gillis, approving the new site plan from the fire protection standpoint. ONE BUTLER CIRCLE ALLEN, TEXAS 75013 214/727-0100