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O-1356-9-95ORDINANCE NO. 1356-9-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 1172-5-93, PLANNED DEVELOPMENT NO. 54, BY APPROVING A SITE PLAN IN PLANNED DEVELOPMENT NO. 54 (PD NO. 54) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 1.7218 ACRES OF LAND IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, TRACT 19, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT W LEGAL DESCRIPTION, PROVIDING FOR EXHIBIT W SITE PLAN; PROVIDING FOR STIPULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABE TTY CLAUSE; AND PROVIDING FOR THE EFFECT DATE OF SAID ORDINANCE. W IEREAS, the Planning and Zoning Commission of the City of Allen, 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 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 Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance No. 1172-5-93, Planned Development No. 54 (PD -54), should be changed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Ordinance No. 829-11-87, as previously amended, and Ordinance No. 1172-5-93, PD -54, of the City of Allen, Texas, be, and the same hereby are, amended by approving a site plan for a day care center in a portion of Tract 14 of Planned Development No. 54 (PD No. 54) and providing for stipulations on the following -described tract of land: 1.7218 acres of land in the Catherine Parsons Survey, Abstract No. 711, Tract 19, City of Allen, Collin County, Texas. SECTION 2: The property described in Exhibit "K" 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 "L" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4: The State of Texas accessibility issues relating to sidewalks shall be addressed prior to approval of the construction documents. SECTION 5: The landscape area shall be automatically irrigated. SECTION 6: 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 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 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 8: 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 9: 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 ALLEN, TEXAS, ON THE 7TH DAY OF SEPTEMBER , 1995. APPROVED: J96 Farmer, MAYOR APPROVED AS TO FORM: ATTEST: A A. der, CITY ATTORNEY jiwmo n, CM ,CITY SECRETARY Ordinance No. 1356-9-95 Page 2 214 509 1448 AUG -10-95 THU 02:21 PM R FOERSTER, CIVIL ENGRS 214 509 1448 P.02 FIELD NOTE DESCRII!TION BEING a 1.7218 acre tract of land situated in the Catherine Parsons Survey, Abstract No_ 711, in the City of Allen, Collin County, Texas, and being part of a called 13.697 acre tract of land conveyed to Janice B. Brittingham, according to Special Warranty Deed filed for record in Clerk's Certificate No. 93-0071697, of the Collin County Land Records and described by metes and bounds in "Tract 1" of "Exhibit A" in Special Warranty Deed to Briar Ridge Investments, Inc. as recorded in Volume 3741, Page 79 of the said Collin County Land Records, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said 13.697 acre tract, as referenced by a 1" iron rod found 0.2 feet north of comer (said northwest comer being occupied by a Southwestern Bell Telephone Company "Riser Box"), same being in the east right-of-way line of Alma Drive (55 feet from the current west line and the future centerline) located N_000 32'18"E., 549.55 feet from the north right-of-way line of McDermott Road said north right-of-way line being 55 feet north of it's centerline according to Street Dedication Plat Of McDermott Road filed for record in Cabinet F, Page 673 of the Collin County Plat Records, and said northwest corner being also the southeast corner of Raintree Estates I, an addition to the City of Allen according to plat filed for record in Cabinet F, Page 315 of said Plat Records,and further, said northwest corner being also referenced by an "X" found cut in concrete screening wall footing, bearing N.031 17'14"W. a distance of 0.87 feet; THENCE, S.890 35'29"E., 411.40 feet along the common boundary line between said 13.697 acre tract and said Raintree Estates I, to a 1/2" iron rod set for corner; THENCE, S.00° 24'31 "W., 200.00 feet to 1/2" iron rod set for corner; THENCE, N.890 35'29"W., 205.57 feet to a 1/2" iron rod set for the beginning of a curve to the right in a northwesterly direction having a central angle of 360 42'43", a radius of 145.00 feet and a chord bearing N.711114'08"W., for a distance of 91.33 feet; THENCE, along said curve an arc distance of 92.91 feet to a 1/2" iron rod set for the point of reverse curvature for a curve to the left having a central angle of 360 42'43", a radius of 185.00 feet, and a chord bearing N_71Q 14'08"W., a distance of 116.52 feet; THENCE, along said curve an arc distance of 118.54 feet to a 1/2" iron rod set for the end of curve; THENCE, N.890 35'29"W., 8.86 feet to a 112" iron rod set for corner in the common boundary line between the west line of the said 13.697 acre tract and the -east right; -of -way line of said Alma Drive; THENCE, N.0011 32'18"E., 134.55 feet along the said east right-of-way line of Alma Drive to the Point of Beginning and containing 75,000 .00 square feet or 1.7218 acres of land. Ordinance Na. 1356-9-95 Enhibit "K" J 7093 t N . fix, t rio1U;r10N ! I - ', buy .'5creetz wall C,s 4 /r/ 'i (!� FSP .? r, Q7 G TC le, �s r - - -- - / - Y- - Ixl u.£ e%00te fix, 4as �--.a Grime Marker 0u1S/ e 1 T - rla ygrounc/ Area 7 EX. IPP, a/711 -e e les lades 1 100k A 6/5e 1 Oe.5 ier7//0/ ZOA7i1'7 -� / C 0/ Ie �6_ Q -0 . 8°,35'29"E. 7 '410.6 7 ME Owl =x, PP. = I % 0 �0/ /6 SCALE: P=20' Q/ /,7 'rc�r. -6 ` 6////yr17%1 0 IG - - e - - - - �o Q9, I-3 iV.r5) 17 40 8. I - 767-0 0 to I BUILDING TOBE EQUIPPED�IVVI-iH -t /0 I FIRE SUPPRESSION SYSTEM I I V) 1 I -_- - ! 77///`0 clC�Fog 6/e 33 - 0 - - -T ! Ca C7 ! t� O JL ,.�, L\ 2 �' 4r IIIIIIIN#Illlllllflq) ��` �j aa KINDER KINDER (� �� / p !6 Q CARE CARE M i/7fC7r/ C�'l7C VAN VAN (��' r 1 --- - - _. _. _ - ( ®_ 1. C3.O d , 4. I '' ` // I 2 3 5 6 7 fi 9 j 10 I I 12 13 11 5 i6 I7 18 19 2t3 2 I 22 23 24 t2'7725 1 1 27 26 29 -0- w 0 �G'Q17/leY ✓�' IY +� // Pry — -- - C 7 A r»/rrc fedWl117 U %ac% fc7r92k„ilal`e Th 75 race- , fSSee ylo)I I + 3 48 47 46 45 44 43 42 41 40 39 -- 36 37 36 35 34 33 32 31 30 ~ 49 40— 0 /7foO 13. 13. 1?15 � 340 /3. Q X,13- - TU 4723 A10 5e;, z6ae k CURVE DATA - - N.89035'29'•W.- n — 05.5 7' •. — — _ — (D CV NO. - I R 145. 00 ' R = 185.00' �- - 1 1/79- ',� `= 91 54 �. I , - � Okh�c�CHDYN.71014I 08"W HD. rN. 71$14,0 iw Y 91.3 116.52' Overheod CI&d, Along I 00 OD CQ I .r/7 S /aC`J; n fr - I � I I I I I I 7rocls S17011 Pr6 vide �6 t- A'r761�e,-7d cTf 40 Cel mli,�r7 60/7 elAS e9'b 13y C /Xy " / 63 VL7/l/e NOTES: 1. It Is The Contractor's Responsibility To Verify The Location Of All Existing Utilities, Whether Or Not Shawn On These Plans, and Protect Them At His Expense, During All Construction Phases. 2. The Contractor Shall Provide and Maintain Traffic Warning Signage and Barricading As Required By The City of Allen Public Works Dept. 3. The Contractor Shall Furnish at His Expense The Design For Trench Safety Details For All Trenching and Excavation More Than Five (5") Feet in Depth. 4. The Contractor at His Expense Shall Remove , Clean Site Area and Dispose of all Broken Concrete, Construction Debris and Trash. 5. All Materials and Construction For Water Main and Fire Hydrant Installation Shall be In Accordance With The City of Allen Standard Specifications. BENCHMARK: 60d Nail In Power Pole Located At the Northwest Corner of the Project Elev. = 655.40 SITE SUMMARY ZONING.............................................................S.C. (Shopping Center) BUILDINGAREA ........ ........................................................... 10,663 S.F. TOTAL ON-SITE PARKING & DRIVE PAVEMENT..............16,290 S.F. OFF-SITE DRIVE APPROACH...................................................616 S.F. USABLE PLAYGROUND AREA...........................................33,960 S.F. LANDSCAPED AREA OUTSIDE OF PLAYGROUND........... 10,600 S.F. (65 % OF TOTAL PARKING AREA) MISCELLANEOUS AREA ......................................................13,822 S.F. TOTAL SITE AREA................................................................74,635 S.F. COVERAGE....................... g .......................................................14.2% S BUILDING HEIGHT .............................................. ONE-STORY or 22'-0" NUMBER OF STUDENTS..................................................................180 PARKING Required ( 1 per Room + 6) ...........................................23 Spaces Provided........................................................................48 Spaces Typical Parking Stall: 9" x 18' Handicap Spaces Required ............................................ 2 Spaces Handicap Spaces Provided ............................................ 2 Spaces One 8'x 18' Standard Space , One 8'x 18' Van Accessible Space One 8'x 18' Access Aisle (Per P/00s) - 13Y 0r r -S H" ✓c f r fe,() PO Gels V e'd .101 pts LO AMIN MAP N.Y.S. KEYED NOTE 1 6" 3000 PSI Reinforced Concrete Pavement (Ref. 1/X-6) 2 6" Monolithic Concrete Curb (Ref. 2 /X-6) 3 Turndown Walk Edge (Ref. 3/X-6) 4 4"-3000 PSi Reinforced Concrete Walk (Ref. 4/X-6) 5 Handicap Ramp (Ref. 5/X-6) 6 6 -Ft High Brick Dumpster Enclosure (Ref. Arch. Plans) 7 8 -Ft High Brick Screening Wall (Ref. Sht. X-6) 8 6 -Ft High Vinyl Clad Chainlink Fence (Ref. X-6 & SPEC Shts.) 9 4 -Ft High Vinyl Clad Chainlink Fence (Ref. X-6 & SPEC Shts.) 10 4 -Ft Fence Cate (Ref. SPEC Shts.) 11 Double 4 -Ft Fence Gate (Ref. SPEC Shts.) . 12 Brick HVAC Enclosure (Ref. Arch. Plans) 13 Standard "HANDICAP PARKIN 0" Symbol Painted on Pavement (Ref. Arch. Plans) 14 Standard "HANDICAP PARKING ONLY" Sign Mounted on 6'-6" High, 2-1/2" Dia. Galy. Pole Set in Concrete Footing (Ref. Arch. Plans) 15 6" White Painted Stripping on Pavement @ 18" Centers 16 12'9 White Letters Painted on Pavement "KINDER CARE VAN ONLY" 17 New Pole Mounted Transformer By T.U.E. 18 Buried Electric Service, 4" PVC Sch.40 Conduit With 36" Sweeping Bends; From Pole to Bldg, Per T.U.E. Specs 19 Buried Telephone Service; 4" PVC Sch.40 Conduit With 36" Sweeping Bends per Southwestern Bell Specs 20 1'/s'" Gas From Main tv Meter by Lone Star Gas Company 21 1Yz" Gas From Meter to Building 22 2" Water Tap & Meter (Type K Copper) 23 2" Water ,Service From Meter To Bldg.(Type K Copper) 24 2" Irrigation Tap and Meter (Ref. Sht. X-5) 26 6" Sch.40 PVC Sanitary Sewer Lateral From Property Line to Building 26 Connect Sewer Lateral To Existing Sewer Stubout By Others 27 Construct Monument Sign (Ref. Arch. Plans) 28 Construct Concrete, Flume (Ref. Sht. X-3 & X-6) 29 Construct Concrete Grate Inlet (Ref. Sht. X-3 & X-6) 30 Construct 10",SDR-35 PVC Drain Line 31 Construct 8",SDR-35 PVC Drain Line 32 Construct 6", SDR -36 PVC Drain Line 33 Construct 4", SDR -35 PVC Drain Line 34 Sandbox (Ref. Arch. Plans) 35 Landscape Planter Box (Ref. Arch. Plains) 36 Play Mats/Fixed Play Structures (Ref. Arch. Plans) 37 Water Play Area With Cutlet Drain (Ref. Arch. Plans) 38 Shade/Funbrella (Ref. Arch. Plans) 39 Drive Thru Shade Structure (Ref. Arch. Plans) 40 P17yshade Structure (Ref. Arch. Plans) 41 Mat/Infant Slide (Ref. Arch. Plans) 42 Basketball Backboard (Ref. Arch. Plans) 43 Erect Flagpole with 4"x 36"x36" Concrete Pad 44 Connect Reinf. Concrete Pavement to Keyway By Others 45 Parking Lot Light (Ref. Arch. Plans) 46 Fire Line From Main to Bldg. (By Licensed Fire ;sprinkler Contractor) 47 Fire Connection (By Licensed Fire Sprinkler Contractor) 48 Fire Lane Marking Per City Specs(Ref.Sht. X-6) 49 Grease Trap (Ref. Arch. Plans) 50 4" Sch. 40 PVC Sanitary Sewer Line From Grease Trap To 6" La,yeral 51 Sewer Cleanout 62 Milsap Stone Plantar Wall (Mortared), 12" Min. Width, with 8"Deep by 12" Wide Concrete Footing(Ref. Sht. X-6) 53 Expansion Joint (Ref. Sht. X-6) i Ordinance No, 1356-9-95 Ex 356- - Ex i it 1111 PRELIMINARY ONLY " N TF 10 C 0,1V TIZq S. L� t D AIL APRROVE LAO 1. T-�' r LL. 'El' N G ION 1� coul�! AUEN ff"I"y 10L. i i I J isincir care SITE STAKING wa M � W UJ W - 9� Li ���> (/) UJ af Z W U 0C4 _ LZ� LL UJ WLR ma _0 W Zw V f `" — 0 �a. -J .J R��W IO w _jC)5 0 z t� CL Ld w �¢wwvic~i U� CL`W �I��w� Z�- InU)MLL�L)LLJa000 oo a : LL) zS:-: oLMJ hZ< LOU w < W J V)�0LJ aw 07 w U)0a (f)LLI I -- t Lo0a-L.L, TXw7U_Z I LL +? � rn _ Lo r RS Q - Lr)- < In 0 E N m 00 0 z6-0 a 0 0- in N 2 isincir care Foal Site NO. 3862 ALMA DRIVE ALLEN , T'EXA Building Type DESIGN 'A' Drawing Title SITE STAKING UTILITY UJ W - 9� Drawing Number (/) UJ Date Revised 746-75' W U 0C4 _ 9 LL UJ W Zw `" — 0 Z .J a Foal Site NO. 3862 ALMA DRIVE ALLEN , T'EXA Building Type DESIGN 'A' Drawing Title SITE STAKING UTILITY PLAN Date Issued (o -Z7 - 9� Drawing Number Date Revised 746-75' Print Date i ALMA I Ex%S%. 00 W. L,nC 4 -7 DRIVE '----------------- z Lq 6. ISS. gew . j 'r• 711TITl��� ` t 1 W $ ao N Ica . 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P.0 80+2151 N •'' s rn N SNf WIRD CAV[ ORCLC Ci 30102.21 71 h wt 1 Z G) D N X D to ►.0.00; 2MC11 rtAr1o, iouc7w2•.att n<ss on.wra un ru oaa. rnLE K.[n rrt na 2400 Presidents Drive ftpmoo r — ■uor Nw = ONER T e � unloptrOn• .r1r us[ or T11rs[ p1..na7 onKA nw1 ran N (214)••74729 at .nO'EC1 w11M r11F LV "Mm CONSW MWIgmayAlab. orvi" - vscLE I MA m 1mx.5W0 !`m wr 9 1205) 277-5090 I 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 1.7218 Acre tract of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Saturday August 12, 1995 and which was issued on Auaust 12, 1995 by City o f Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRI ED AND WORN to before me this da IU A.D. NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 15 . 7 5 V. A. TODD MY COMMISSION EXPIRES December 5, 1996 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, September 7" 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 Planned De- velopment No. 54 by approving a site plan for a day care center. This request is on property described as a 1.7218 acre tract of land located in the Catherine Parsons Survey, Abstract No.711, Tract 19, City of Allen, Collin County, Texas; further described as being located north of McDermott Drive and east of Alma Drive, immediately south of the I Raintree Estates Subdivision. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the Depart- ment 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 COLON 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 #1356-9-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 13 & September 16, 1995 and which was issued on September 13, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publics ' is attached hereto. ,, SUBSCRIBEDD WORN to before me this day A.D. 19_t5-_ (. lr. NOTARY PUBLIC in and for COLLIN COUNTY. TEXAS Publisher's fee S 4 2 .7 6 4,,PY iii 'n: V. A. 1000 " MY COMM SSION EXPMES 1;1 ; *' DECemLer 5, 1856 ,P,"„ Y CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 7, 1995 (Tite and Penalty Clause): Ordinance No. 1356-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 1172-5-93, Planned Develop- ment No. 54, as Previously Amended, Ap- proving a Site Plan in Planned Develop- �ment No. 54 (PD No. 54) on the Following -Described Tract of Land: 1.7218 Acres of Land in the Catherine Parsons Survey, Abstract No. 711, Tract 19, City of Allen, Collin County, Texas; Providing for Exhibit `K" Legal Description; Providing for Exhibit "L" Site Plan; Providing for Stipula- tions; and Providing for a Penalty of Fine not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Provid- ing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same pen- alty as provided for in the Comprehensive 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 ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/ Judy Morrison City Secretary w CITY OF ALLEN PUBLIC NOTICE I Notl�4 is hereby given that the Allen City Council adopted the following ordinance at thekj-iegular meeting held on Thursday, September 7, 1995 (Tite and Penalty Clarke): Ordinance No. 1356-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 1172-5-93, Planned Develop meat No. 54, as Previously Amended, Ap- proving a Site Plan in Planned Develop- me4l No. 54 (PD No. 54) on the Following -Described Tract of Land: 1.7218 Acreq; of Land in the Catherine Parsons Surrey, Abstract No. 7111 Tract 19, City of Allen,- Collin County, Texas; Providing for Exhibit "K" Legal Description; Providing for Exhibit "L" Site Plan: Providing for Stipula- tions; and Providing for a Penalty of Fine not to -exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Provid- ing for a Severability Clause; and Providing j for the Effective Date of Said Ordinance. I That any person; firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same pen- I alty as provided for in the Comprehensive Zoning Ordinance No. 829-11-87 of the City'Dof Allen, as heretofore amended, and upoh conviction shall be punished by a fine not Its exceed the sum of Two Thousand Dollars ($2,000) for each offense. A co of this ordinance may be read or Pum p�sed in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, TexaA 75013. /s! .ludy Morrison i City_Secretary_ _�