HomeMy WebLinkAboutO-1677-1-99ORDINANCE NO. 1677-1-99
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425.5-% AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY APPROVING SPECIFIC USE
PERMIT NO. 61 FOR A COMMUNICATION TOWER FOR .028 ACRES OF LAND
BEING A PART OF LOT 2 BLOCK A IN THE ALLENTOWN OFFICE PARK
ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
SPECIAL CONDITIONS AND SITE PLAN ATTACHED HERETO AS EXHIBITS
"B" AND "C", RESPECTIVELY; 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 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 revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen,
Texas, as previously amended, be amended by approving Specific Use Permit No. 61 for a Communication
Tower on the following -described tract of land: .028 acres being a part of Lot 2 Block A of the Allentown
Office Park Addition to the City of Allen, Collin County, Texas, and being further described in Exhibit "A"
attached hereto and made a par hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Special Conditions
and the Site Plan attached hereto as Exhibits "B" and "C", respectively and made a part hereof, and which
are hereby approved.
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 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.
SECTIONS. 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. 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.
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 21ST DAY OF JANUARY, 1999.
APPROVED:
'-4:42 E -6y
Stephen Terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Peter G. Smith, CITY ATTORNEY Juily MorrMn, CMC, CITY SECRETARY
Ordinance No. 1677-1-99 Paget
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
CITY OF ALLEN, TEXAS, BEING PART OF A LOT 2, BLACK A, OF ALLENTOWN OFFICE PARK,
AN ADDITION TO THE CITY OF ALLEN, TEXAS, ACCORDING TO THE PLAT THEREOF
RECORDED IN CABINET D, PAGE 179, MAP RECORDS, COLLIN COUNTY, TEXAS, TOGETHER
WITH CERTIFICATE OF CORRECTION, DATED 10/14185, FILED 10/24/85, RECORDED IN
VOLUME 2241, PAGE 743, DEED RECORDS, COLIJN COUNTY, TEXAS, AND BEING PART OF
THE SAME TRACT DESCRIBED IN A DEED FROM BANK ONE, TEXAS, TO ROBERT A
DIAMOND, FILED THE 23- DAY OF DECEMBER 1991, IN THE COUNTY CLERKS
INSTRUMENT NUMBER 91-R0071574, DEED RECORDS, COLLIN COUNTY, TEXAS, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT AN BION PIN FOUND AT THE SOUTHEAST CORNER OF SAID IAT 2, AND
THE SOLMIWEST CORNER OF LOT 3, BLACK A, OF SAID ALLENTOWN OFFICE PARK, AND
SAID POINT ALSO BEING SOUTH 34 DEGREES 47 MINUTES 00 SECONDS WEST, A DISTANCE
OF 600.33 FEET FROM THE SOUTH RIGHT OF WAY OF ALLENTOWN PARKWAY (60' RO. W.);
THENCE NORTH 34 DEGREES 47 MINUTES 00 SECONDS EAST, WITH THE EAST LINE OF
SAID LAT 2 AND THE WEST LINE OF SAE) LOT 3, A DISTANCE OF 184.87 FEET TO AN IRON
PIN FOUND AT THE NORTHEAST CORNER OF SAID IAT 2 AND THE SOUTHEAST CORNER
OF LAT 1, BLACK A;
THENCE NORTH 49 DEGREES 38 MINUTES 31 SECONDS WEST, A DISTANCE OF 206.29 FEET
TO A POINT IN THE NORTH LINE OF SAID LOT 2 AND THE SOUTH LINE OF SAID LOT 1 FOR
CORNER,
THENCE SOUTH 41 DEGREES 36 MINUTES 03 SECONDS WEST, A DISTANCE OF 25.00 FEET
TO A SET 1/2 INCH IRON PIN WITH A PLASTIC YELLOW CAP MARKED H & N #1849, SAID
POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE SOUTH 41 DEGREES 36 MINUTES 03 SECONDS WEST, A DISTANCE OF 40.0 FEET TO
A SET 1/2 INCH IRON PIN WITH A PLASTIC YELLOW CAP MARKED H & N #1849 FOR
CORNER
THENCE NORTH 49 DEGREES 46 MINUTES 22 SECONDS WEST, A DISTANCE OF 30.0 FEET TO
A SET 1/2 INCH IRON PIN WITH A PLASTIC YELLOW CAP MARKED H & N #1849 FOR
CORNER,
THENCE NORTH 41 DEGREES 36 MINUTES 03 SECONDS EAST, A DISTANCE OF 40.0 FEET TO
A SET 1/2 INCH IRON PIN WITH A PLASTIC YELLOW CAP MARKED H & N #1849 FOR
CORNER;
THENCE SOUTH 49 DEGREES 46 MINUTES 22 SECONDS EAST, A DISTANCE OF 30.0 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0.028 ACRE OF LAND.
Exhibit OX
Ordinance No. 1677-1-99
CONDITIONS FOR
' S.U.P. FOR A MONO -POLE TOWER
1. The use and development of this property shall be in accordance with the site plan which is attached to and
made a part of this ordinance.
2. The mono -pole shall be designed and constructed to support additional wireless facilities. The mono -pole
will be made available to additional wireless providers.
3. There shall be no habitable structures or public rights-of-way located within 50 feet of the base of the mono-
pole.
Exhibit W
Ordinance No. 1677-1-99
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