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Home My WebLink AboutO-1696-3-99ORDINANCE NO. 1696-3-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING ORDINANCE NO. 1172-5-93, PLANNED DEVELOPMENT NO. 54, BY AMENDING THE AREA AND USE REGULATIONS TO INCREASE THE MAXIMUM SIZE OF A CLEANING PLANT, LAUNDRY TO 5,500 SQUARE FEET ON THE FOLLOWING -DESCRIBED TRACT OF LAND: LOT 3, BLOCK D OF THE BRAY CENTRAL ADDITION IN THE CATHERINE PARSONS SURVEY, ABSTRACT 711, A.B. PERRIN SURVEY, ABSTRACT 713, W.J. JACKSON SURVEY, ABSTRACT 484, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT SITE PLAN AND ELEVATION ATTACHED HERETO AS EXHIBITS "B" AND "C", PROVIDING FOR A REVISED SCHEDULE OF USES ATTACHED HERETO AS EXHIBIT "D", PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 THE EFFECTIVE DATE OF SAID ORDINANCE. ' 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 fav 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 revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by amending Ordinance No. 1172-5-93, Planned Development No. 54, by amending the Area and Use Regulations to increase the maximum size of a Cleaning Plant, Laundry to 5,500 square feet on the following -described tract of land: Lot 3, Block D, of the Bray Central Addition, in the Catherine Parsons Survey, Abstract No. 711, A.B. Perrin Survey, Abstract 711, W.J. Jackson Survey, Abstract 484, 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 Concept Site Plan and Elevation, attached hereto as Exhibits "B" and "C", and made part thereof for all purposes. ' SECTION 3. The property shall be developed and use only in accordance with the Revised Schedule of Uses attached hereto as Exhibit "D". SECTION 4. 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 5. 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 6. 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 7. 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 S. 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. SECTION 9. 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 4Tz, DAY OF mARCH , 1999. APPROVED: /90011f A? Stephen Terrell, MAYOR APPROVED AS TO FORM ATTEST: Peter G. Smith, CITY ATTORNEY Jugry MorMon, on, CMC, CITY SECRETARY Ordinance No. 1696-3-99 Page2 E June 23, 1998 Revised October 26, 1998 EXHIBIT A LOT 3 5.6784 ACRE TRACT NWC MCDERMOTT/CENTRAL, LTD. BEING all that certain lot, tract or parcel of land situated in the City of Allen, Collin County, Texas out of the Catherin Parsons Survey, Abstract No. 711 and being Lot 3 in Block D of BLOCKS D,E 8 F OF BRAY CENTRAL ONE ADDITION, being a replat of Blocks D, E, and F of Bray Central One Addition as shown on the Revised Map thereof recorded in Cabinet G, Page 120, Map Records, Collin County, Texas, and now recorded in Cabinet K at Page 577 of the Map Records of Collin County, Texas, and being more particularly described by metes and bounds as follows; COMMENCING at a 5/8" iron rod with cap stamped Espey/Huston found in the North right of way line of McDermott Drive (155 foot right of way) said point being South 491 59' 38" East along a cut off line for Watters Road a distance of 75.37 feet from the Northwest corner of the tract of land conveyed to the City of Allen, Texas, for widening of McDermott Drive as recorded in County Clerks File Number 96-0097437 of the Deed Records of Collin County, Texas; THENCE North 49° 59' 38" West along said cut off line for Watters Road for a distance of 62.22 feet to a 5/8" iron rod set for corner in the East right of way line of Watters Road as widened (120 foot wide at this point); THENCE North 0° 29'00" West along the East line of Watters Road as widened for a distance of 89.37 feet to a 5/8" iron rod set for the PLACE OF BEGINNING for this tract; THENCE North 0" 29' 00" West along the East right of way line of Watters Road as widened for a distance of 98.17 feet to a 5/8" iron rod set for corner; THENCE North 2° 07' 13" West and continuing along the East right of way line of Watters Road as widened for a distance of 350.06 feet to a 5/8" iron rod set for corner; THENCE North 0° 29' 00" West along the East right of way line of Watters Road (110 foot wide at this point) for a distance of 79.23 feet to a 1/2" iron rod set for corner said point being the beginning of a curve to the right having a central angle of 7" 26' 12" and a radius of 945.00 feet and whose chord bears North 3° 14' 06" East at 122.57 feet; THENCE Northeasterly along said curve to the right and following the Easterly line of Watters Road for an arc distance of 122.65 feet to a 5/8" iron rod set for corner; THENCE North 63° 40' 23" East for a distance of 248.27 feet to a 5/8" iron rod set for corner; THENCE South 26° 19' 37" East for a distance of 308.88 feet to a 5/8" iron rod set for corner; THENCE South 40° 15' 55" West for a distance of 153.60 feet to a 5/8" iron rod set for corner; THENCE South 49° 44' 05" East for a distance of 108.36 feet to a 6/8" iron rod set for corner; ' THENCE North 63' 40' 23" East for a distance of 121.29 feet to a 5/8" iron rod set for corner; THENCE South 26° 19' 37" East for a distance of 193.18 feet to a 5/8" iron rod set for corner; ORDINANCE NO. 1696-3-99 1 THENCE South 54° 11' 33" West for a distance of 131.80 feet to a 5/8" iron rod set for corner; THENCE South 35° 48' 27" East for a distance of 45.50 feet to a 5/8" iron rod set for corner in the Northerly line of the aforesaid McDermott Drive; THENCE South 54' 11' 33" West along the Northerly line of McDermott Drive for a distance of 97.71 feet to a 1/2" iron rod found for corner, said point being the beginning of a curve to the right having a central angle of 8" 52' 06" and a radius of 795.19 feet and whose chord bears South 58° 37' 36" West at 122.96 feet; THENCE Southwesterly along said curve to the right and following the Northerly line of McDermott Drive for an arc distance of 123.08 feet to a 5/8" iron rod set for corner; THENCE North 26° 19' 37" West for a distance of 227.73 feet to a 5/8" iron rod set for comer; THENCE North 00° 29' 00" West for a distance of 15.89 feet to a 5/8" iron rod set for corner; THENCE South 89° 31' 00" West for a distance of 132.00 feet to a 5/8" iron rod set for corner; THENCE South 0° 29' 00" East for a distance of 159.67 feet to a 5/8" iron rod set for corner; THENCE South 89° 31' 00" West for a distance of 33.50 feet to the PLACE OF BEGINNING AND CONTAINING 5.6784 ACRES OF LAND, more or less. /UI�JI/ David Petree Registered Professional Land Surveyor No. 1890 ORDINANCE NO. 1696-3-99 CONCEPT PLAN BIBBENTUCKERS 9 STARBUCKS TWIN CREEKS SHOPPING CENTER .41 / FN TX_ Y TT DRIVE ORDINANCE NO. 1696-3-99 EXHIBIT "B" I I .+ U m U Um "I SCHEDULE OF LAND USES IN THE O.T., T.R., S.C. AND C.C. DISTRICTS OF TWIN CREEKS PAGE USE I O.T. T.R. I CC/PCI CC/E I S.C. Building materials sales • (with no outside I I I • display) Bicycle Shop/Repair - • no outside storage • Bus Station or Terminal S I S Cafeteria, Cafe A I A • I • I • Camera. Watch, • • Jewelry Car Dealership and • Tr. 3 • repair I only I Carnival or Circus I T I T Church or Rectory S S I S I S S Clinics, Doctors or • • • • • Dentist Cleaning Plant, Laundry Tr. 5 only * • Cleaning (small shop I • • • and pick up) Commercial • • • Amusements - indoors Commercial I S • S Amusement - outdoors I ONLY Concrete Batch Plant T T T I T T Day care for children A or S A or S A or A • S 'For Tract 3, a single, contiguous use of not greater than 5,500 square feet. ORDINANCE NO. 1696-3-99 EXHIBIT "D"