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Home My WebLink AboutO-1843-6-00ORDINANCE NO. 1843.6.00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 14255-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 78 FOR A RETAIL STORE WITH OUTDOOR STORAGE AND DISPLAY OF SEASONAL ITEMS SUBJECT TO SPECIAL CONDITIONS FOR PROPERTY ZONED PLANNED DEVELOPMENT DISTRICT NO. 54 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 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 Planning and Zoning Commission of the City of Allen, Texas, and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, Texas, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting Specific Use Permit No. 78 for a retail store with outdoor storage and display for property zoned Planned Development District No. 54 and being described in Exhibit "A" attached hereto. SECTION 2. That the Specific Use Permit for a retail store with outdoor storage and display of seasonal items is subject to the followmg special conditions: 1. 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. The outdoor storage and display of merchandise is limited to the fenced areas as shown on the Site Plan attached as Exhibit "B" except as otherwise provided herein. 3. The display of plants only (excluding planting accessories, excluding landscape timbers, pavers, potting soil, mulch or similar items), Christmas trees, pumpkins and similar seasonal items shall be permitted on the unenclosed front sidewalk of the Garden Center in conformance with Exhibit "B". 4. No outdoor display in parking lot. 5. No outdoor display of landscape timbers, pavers, potting soil, mulch, or other landscape accessories. 6. No outside storage of items such as shipping containers, shopping carts, sheds, playground ' equipment, vending machines, lawn toys. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herem. SECTION 4. That 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 this ordinance, or of the Comprehensive Zoning Ordinance, 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. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, fnm or corporation violating any of the provisions or terns of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 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) for each offense. SECTION 8. That 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, COLLIN COUNTY, TEXAS, ON THIS THE 15" DAY OF JUNE, 2000. APPROVED: 4n� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITYXiToRNEY Jifdy Mo n, CMC/AAE, CITY SECRETARY Ordinance No. 1843-6-00, Page 2 LEGAL DESCRIPTION EXHIBIT "A" STATE OF TEXAS: Ordinance No. 1843-6-00 COUNTY OF COLI -Ph WHEREAS Janice B. Britlingham and the City of Allen are the owners of all that cerium lot, tract or parcel of situated in the City of Allen, Collin County, Texas out of the Catherine Parsons Survey, Abstract No. 711, the A. S. Perrin Survey, Abstract No. 708, and the W. J. Jackson Survey, Abstract No. 484 and h•inn cart of the land described In deed from Briar Ridge Investments, In. to Janice S. Britlingham ay need as recoraea ;n Counly Clerh's Pim lumber 93-0071697 of the Deed Records of Colin County, Texas and being part of Lot I and all of Lot 2 in Block D" and all of Lots 1, 2, 3 and 4 m Block "E" and all of Lot I In Block 'F' of BRAY CENTRAL ONE, an addition to the City of Allen, Collin County, Texas, according to the Revised Mop thereof recorded in Cabinet G, Page 120, Map Records, Collin County, Texas, and also all of Bray Central Drive and Central Avenue as adjoining said Blocks and as shown an said plot and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 Inch iron rod found In the Northerly right -al -way line of McDermott Drive 1155 fool Right-of-woy) said point being the most Westerly Northwest corner of a tract of land conveyed to the City of Allen as recorded in County Clark's File Number 96-0097437, and being in the east right-of-woy line of Walters Road 1110 fool Right-of- wayl, and also being in the West line of said Lot 1 in Block -D-; THENCE North 0' 29' 00' West along Said east right-of-way line of Watters Road and the West line of Lot I In Block 'D' for is distance of 608.14 feet to a 1/2 inch iron rad found for the beginning of a tangent curve to the right having a central angle of 39' 47' 43' and a radius of 945.00 feel and whose chord bears North 19' 24' 51' East at 643.24 feet; THENCE North easlefty along sold curve to the right and following the East line of Watters Road and the West line of sold Lot 1 in Block 'D' for an arc distance of 656.36 feet to a 5/8' iron rad found with plastic cop stamped ANelson Corp.'; THENCE North 39' IW 43' East and continuing along the East line of said Watters Rood for a distance of 1151.00 feel to a 5/8" iron rod found with plastic cap stamped "Nelson Corp.", saitl point being the beginning of a curve to the left having a central angle of 40. 00' 00 --and a radius of 655.00 feet and whose chord bears North 19. 18' 43' East at 448.05 feel, said point also being in the West line of the aforesaid Black 'E"; THENCE Northeasterly along said curve to the lett and following the East line of Watters Road and the West line of Bleck 'E' for an arc distance of 45T.28 feel to a 5/e' iron rod found will, plastic cop stamped -Nelson Corp.'; THENCE North 0. 41' 17' West along the East line of Wolters Road and Is Wes, line of Black -E' for a distance of 1080.00 feet to a 5/8' Iron rod found with plastic cap stamped 'Nelson Corp.', said point being the Northwest corner of sale Block 'E' and also being the Intersection of the East line of Watters Road with the South line of Ralntree Circle 1 80 loot right of way I; _ THENCE North 89' IB' 43' East along the South line of said Rountree Circle and the North line of said Block 'E' for a distance of 395.00 feet to a 5/8' iron rod found with plastic cap stamped -Nelson Corp.". said point being the beginning of a curve to the left having a central angle of 27' 35' 29" and a radius of 1340.00 feel and whose chord bears North 75' 30' 58' East of 639.07 feel; THENCE Northeasterly along said curve to the left and following the Southerly line of Raintree Circle for an arc distance of 64529 feet to a 5/8' iron rod found with plastic cap stamped "Nelson Corp.'. said point also being In the Northerly line of the aforesaid Block 'F'; and also being the beginning of a curve to the left having a central angle 21' 01' 23" and a radius of 1890.00 feel and whose chord bears North 51' 12' 32' East at 689.60 feel to a 5/e' iron rod found with plastic cap stamped "Nelson Corp.% THENCE Northeasterly along said curve to the lel, and following The Southerly line of Rainlree Circle and the Northerly line of said Block 'F- for an arc distance of 693.48 test to a 5/8" iron rod found with plastic cap stamped -Nelson Carpe, said point also being the beginning of a curve to the left having a central angle of 5' 23' 48" and a radius of 817.94 feel whose chord bears North 37' 59' 57' East at 77.01 feel, THENCE Northeasterly along said curve to the left and following the Southerly line of Rountree Circle and the Norm line of said Block -F' for an arc disimce of 77.04 feet to a 5/8' Iron rod found with plastic cap stamped "Nelson Coro -: THENCE North 38' 29' 00' East along the South line of said Ralnlree Circle for a distance of 102.37 feet to a 5/e' iron rod found with plastic cap stamped 'Nelson Corp.% said paint being the beginning of a curve to the tell having a central angle of 5' 02' 03" and a radius of 629.94 feet and whose chord bears North 25' 42' 35- East at 72.90 lest; THENCE Northeasterly along sold curve to The tell and following the Southerly line of Ralnlree Circle and the Northerly line of Block -F' for an arc distance of 72.92 feet to a 5/8- Fran rod found with plastic cop stamped 'Nelson Corp% said point also being the Northwest corner of said Block 'F', and being the beginning at a curve to the right having a central angle of 5' 36' 19' and a radius of 3987.83 feel and whose chord bears South 66. 03' 09- East at 389.98 feel and being the mtersecllon of the Southeaslerly line of Ramiree Circle with the Southweslerly line Allen Drive 1 80 fool right at way I; THENCE Southeas hefty along said curve to the right and fallowing the Southwest line of said Allen Drive for an arc distance of 390.14 feet to a 5/8' Iron rod found with plastic cap stamped "Nelson Corp.", said point being the Northeast corner of said Block -F' and the inlersechon of the Southwest line of Allen Drive with the West right of way line of U. S. Highway No. 75, - THENCE South 26' 44' 47' West along the East line of said Block 'F' and the West line of sold U. S. Highway No. 75 for a distance of 100.14 feet to a 5/8' Iran rod found with plastic cap stamped 'Nelson Corp.'; �ENCE South 1' 09' 01' East along the East line Block 'F' and continuing along the West right of way line of U. Highway No. 75 for a distance of 326.77 feet to a 5/6' Iron rod found with plastic cap stamped 'Nelson Corp.'; THENCE South II' 49' 52' West along the East line of Block 'F` and continuing along the West right of way line of U. S. Highway No. 75 for a distance of 146.61 feet to a 5/8' iron rod found with plastic cap stamped "Nelson Corp'. said point being the beginning of a curve to the the left having a central angle of 5' 20' 24' and a radius of 11602.20 feet and whose chord bears South 22. 15' 19' West at 1080.94 feet; THENCE Southwesterly along said curve to the left and continuing along the Westerly line of U. S. Highway No. 75 and the East line of Block "F' for on arc distance of 1061.33 feet to a 5/8' Iron rod found with plastic cop stamped 'Nelson Corp'; P EXHIBIT `B" Ordinance No. 1843-6-00 I Site Plan