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Home My WebLink AboutO-2021-1-02ORDINANCE NO. 2021-1-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 89 FOR OUTDOOR STORAGE AND DISPLAY FOR LOT 1, BLOCK A, ALLEN CENTRAL MARKET ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, ZONED PLANNED DEVELOPMENT DISTRICT NO. 55 AND BEING FURTHER DESCRIBED IN EXHIBIT"A" ATTACHED HERETO; PROVIDING FOR APPROVAL OF THE SITE PLAN ATTACHED HERETO 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 AN EFFECTIVE DATE. WHEREAS, the applicant for Specific Use Permit No. 89 has agreed to accept and to be bound and comply with the requirements of the Specific Use Permit, as set forth herein; and WHEREAS, 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 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, as previously amended, be amended by granting Specific Use Permit No. 89 for outdoor storage and display for Lot 1, Block A, Allen Central Market Addition, City of Allen, Collin County, Texas, zoned Planned Development District No. 55, and being further described in Exhibit "A" attached hereto. SECTION 2. The Specific Use Permit granted herein for outdoor storage and display is subject to the following special conditions: L The property shall be used and developed only in accordance with the Site Plan attached hereto as Exhibit `B" and which is hereby approved. 2. Outdoor display and storage shalt be limited to bagged goods, grills, plant good carts, plant materials, small utility trailers, lawnmowers, storage sheds, landscape timbers, propane tanks and fence panels. 3. Display of allowed items shall be permitted only in the area identified on Exhibit "B." 4. No outdoor display shall be permitted in the parking lot. 5. All entrances and exits shall remain unobstructed. 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. 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, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of Otis ordinance, or of the Allen Land Development Code Zoning Regulations, 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 Comprehensive Zoning Ordinance, 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 Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. Any person, firth or corporation violating any of the provisions or terns of this ordinance shall be subject to the same penalty as provided for in the 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 8. This ordinance shall take effect immediately from and after its passage and publication in accordance with the previsions 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 17'ra DAY OF JANUARY, 2002. APPROVED: Stephe Terrell, MAYOR APPROVED AS TO FORM: ATTEST: ��-6d� e -y- Peter G. Smith, CITY AiffORNEY J y Mo ' on, CMC/AAE, CITY SECRETARY Ordinance No. 2021-1-02, Page 2 EXHIBIT "A" STATE OF TEXAS COUNTY OF COLLIN BEING a tract of land situated in the MICHAEL SEE SURVEY, Abstract No. 543, and the CATHERINE PARSONS SURVEY Abstract No. 711, Collin County, Texas and being all of Lot 1, Block A, of Allen Central Retail Addition as recorded in Cab. K, Pg. 201 (PRCCT), and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set for the intersection of the southerly right-of-way line of McDERMOTT DRIVE (variable width right of way) and the easterly right-of-way line of WATTERS ROAD (variable width right of way), said point being the beginning of a curve to the left having a radius of 898.51 feet a chord bearing of North 80"07'51" East and a chord length of 143.59 feet; THENCE departing the easterly right-of-way line of said WATTERS ROAD and along the southerly right-of- way line of said McDERMOTT DRIVE as follows: Continuing along said curve to the left through a central angle of 09%%d09'57" for an arc length of 143.74 feet to a 1/2 inch iron rod found for comer; South 89029'20" East, a distance of 173.05 feet to a 1/2 inch iron rod set for comer; North 00044'23" East, a distance of 35.39 feet to a 5/8 inch iron rod found for comer; North 00032'00" East, a distance of 14.42 feet to a 1/2 inch iron rod found for comer; North 00002'30" East, a distance of 18.48 feet to a 1/2 inch iron rod found for comer; North 59°31'08" East, a distance of 5.06 feet to a 1/2 inch iron rod set for the beginning of a curve to the left having a radius of 1,146.00 feet, a chord bearing of North 619013" East and a chord length of 226.46 feet; Continuing along said curve to the left through a central angle of 1120'27" for an arc length of 226.83 feet to a 1/2 inch iron rod set for corner; THENCE departing the southerly right-of-way line of said McDERMOTT DRIVE South 3404545" East, a distance of 149.17 feet to a 1/2 inch iron rod set for corner; THENCE South 89°07'13" East, a distance of 30.84 feet to a 1/2 inch iron rod set for comer; THENCE South 00°52'47" West, a distance of 392.41 feet to a 1/2 iron rod set for corner; THENCE North 89°07'13" West, a distance of 39.50 feet to a 1/2 inch iron rod set for comer; THENCE South 00°52'47" West, a distance of 367.00 feet to a 1/2 inch iron rod set for comer; THENCE North 89°07'13" West, a distance of 619.50 feet to a 1/2 inch iron rod set in the easterly right-of- way line of said WATTERS ROAD; THENCE along the easterly right-of-way line of said WATTERS ROAD as follows: Ordinance No. 2021-1-02, Page 3 North 00152'47" East, a distance of 472.76 feet to a 1/2 inch iron rod set for corner, said point being the beginning of a curve to the left, having a radius of 1,507.69 feet a chord bearing of North 08°49'05" East and ' a chord length of 72.41 feet; Continuing along said curve to the left through a central angle of 02°45'07" for an arc length of 72.41 feet to a 1/2 inch iron rod set for comer; North 00°52'47" East, a distance of 110.35 feet to a 1/2 inch iron rod set for comer; North 45°52'47' East, a distance of 22.50 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING; CONTAINING within these metes and bounds 10.969 acres or 477,808 square feet of land more or less. Ordinance No. 2021-1-02. Page 4 D 1A�N0� OFI`1F i EXHIBIT "B" " m A a gg g� 8r QEM b AL 11YMHd05 'K3 fwsuuam nxnl I amwwM xin Ordinance No. 2021-1-02, Page 5