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HomeMy WebLinkAboutO-1739-7-99ORDINANCE NO. 1739-7-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING AND EXPANDING SPECIFIC USE PERMIT NO. 39, ORDINANCE NO. 1130.9-92, FOR 3.857 ACRES IN THE JAMES REED SURVEY, ABSTRACT NO 758, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXIHBIT "A " ATTACHED HERETO; PROVIDING FOR SITE PLAN, ELEVATIONS, AND A LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS "B", "C" AND "D", RESPECTIVELY; 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 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 Zoning Ordinance No. 1425-5-96 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: 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 amending and expanding Specific Use Permit No. 39, Ordinance No. 1130-9-92 for the following -described tract of land: 3.857 acres in the James Reed Survey, Abstract No. 758, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Site Plan, Elevations, and a Landscape Plan attached hereto as Exhibits "B", "C", and "D", respectively, and made part hereof for all purposes. SECTION 3. 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 herein. SECTION 4. That all ordinances of the City of Allen in conflict with the provisions of tris 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 Ordinanm, as amended hereby, which shall remain in full force and effect. 11 L1 SECTION 6. 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, 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. 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. SECTIONS. That this ordinance shall take effect immediately from and atter 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 TAE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 1" DAY OF JULY, 1999. F411�7;UIli D1 Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: 0� A'e'd PlIfer G. SmWjK CITY ATTORNEY Judy Moir' r, CMC, CITY SECRETARY Ordinance No. 1739-7-99 Paget FIELD NOTE DESCRIPTION LSTATE OF TEXAS COUNTY OF COLLIN CITY OF ALLEN BEING a tract of land out of the James L. Reed Survey, Abstract No. 758, being Lots 1, 2 and 3, Block H, of the Old Donation to the City of Allen, Texas, as described in Volume 1944, Page 117 of the Collin County Deed Records and portions of one half of the abandoned right-of-way of Boyd Street as shown in Volume G, Page 286, of the Map Records of Collin County, Texas; being ATTIC STORAGE ADDITION, an addition to the City of Allen, Texas as recorded in Volume 93-0076325, cab H778, of the Plat records of Collin County, Texas, that tract of land conveyed to Dwight Betts, et.al., by deed as recorded in Volume 2224, page 778, and that tract of land conveyed to Community Storage as recorded in Volume 2173, page 419, of the Deed Records of Collin County, Texas, and the abandoned right-of-way of Boyd Street and dedication of Birch Street as indicated in Volume G, Page 286, of the Map Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a'h" iron rod found for comer at the intersection of the south line of East Coats Drive (80' R.O.W.) with the west line of North Cedar Drive (80' R.O.W.), the northeast comer of said ATTIC STORAGE ADDITION; THENCE, with said west line, S 00008'20" E a distance of 289.79 feet to a 5/8" iron rod set for comer at the centerline of the said abandoned right-of-way of Boyd Street; THENCE, with said centerline, S 89043'40" W a distance of 579.91 feet to a 5/8" iron rod set for comer in the east line of said North Ash Drive; THENCE, with said e4ast line, N 00008'20" W a distance of 289.79 feet to a'/l" iron rod found for comer in the south line of said East Coats Drive at the northwest corner of said Attic Storage Addition; THENCE, with said south line, N 89043'40" E a distance of 579.91 feet to the POINT OF BEGINNING and containing 3.857 acres (168,030 sq. ft.) of land. 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