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HomeMy WebLinkAboutO-1215-1-94ORDINANCE NO. 1215-1-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 1107-&92 SO AS TO RESTRICT THE FOLLOWING -DESCRIBED TRACT OF LAND FOR USE AS A "DAY CARE," AS DEFINED IN COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87. APPROXIMATELY 1.8345 ACRES OF LAND IN ABSTRACT NO. 92 OF THE SIMON BURNS SURVEY AND IN ABSTRACT NO. 255 OF THE JOHN DAVIS SURVEY, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY DEI NEATED AS PLANNED DEVELOPMENT ENT NO.12 (PD NO. 12); PROVIDING FOR A SITE PLAN, PROVIDING FOR A LANDSCAPE PLAN, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECIiVE 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 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 Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance No. 1107-6-92 should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance No. 1107-6-92 be, and the same are hereby, amended by changing the Zoning Map of the City of Allen so as to restrict the following -described property for use as a "Day Care," as defined in Comprehensive Zoning Ordinance No. 829-11-87: Approximately 1.8345 acres of land in Abstract No. 92 of the Simon Burns Survey and in Abstract No. 255 of the John Davis Survey, City of Allen, Collin County, Texas, presently delineated as Planned Development No. 12 (PD No. 12). SECTION 2: The site plan attached hereto as Exhibit "G" and the landscape plan attached hereto as Exhibit "H" are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The area regulations of the Shopping Center (SC) District of Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, shall be assigned to this tract. SECTION 4: Handicapped parking space shall be constructed according to federal standards. SECTION 5: 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: 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. 829-11-87 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 ($2,000.00) for each offense. SECTION 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 8: 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, TEXAS, ON THE 6TH DAY OF JANUARY ,1994. APPROVED AS TO FORM: ,, Ordinance No. � qFer-�� Jot Farmer, MAYOR ATTEST - JufMorrigbn, CMC, CITY SECRETARY 1215-1-94 Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Public Hearing --Day Care of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Dec. 22, 1993 and which was issued on Dec . 22 , 1993 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me thiday af�,A.D 19� V. A.TODD MY COMMISIS SION EXPIRES December 5,1996 PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 15 . 7 5 .__ CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting held on Thursday, January 6, 1994, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider I a request to amend Planned Development X12 (PD -12) to allow day care as an allow- able use on Tract IV and Site Plan approval. IThis request is on property described as 1.8345 acres of land, being Shadow Lakes I Center Addition, located in the Simon Burns Survey, Abstract No 92, and the John Davis Survey, Abstract No. 255, Col- lin County, Texas, further described as be- ing located south of FM 2170 and east of South Fountain Gate Drive. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. /s/ Judy Morrison I City Secretary I., AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 1215-1-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wed. Jan 12 , 1 9 9 4 & Sun Jan 16, 1994 and which was issued on January 12, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this /a day offf-.— ,A.D 19 f�/ V. A. EEXPIRES MY CORMIS8DecarnheJ CITY OF ALLEN N TARY PI' PUBLIC NOTICE Notice is hereby given,that the Allen City Council adopted the following ordinance at Publisher's fee $ 4 5 . 0 0 their regular meeting held on Thursday, January 6, 1994 (Title and Penalty Clause only): Ordinance No. 1215-1-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Amend Ordinance No. 1107-6-92, Planned Development No. 12 (PD 12), on the Following Described Tract y 'of Lane: 1.8345 Acre Tract of Land in Ab- stract No. 92 of the Simon Burns Survey Cand in Abstract No. 255 of the John Davis Survey, City of Allen, Collin County, Texas; + EProviding for Use and Area Regulations; tProviding for a Site Plan; Providing for a Landscape Plan; and Providing for a Pen- I Ialty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Of- fense; Providing for a Severability Clause; r i and Providing for the Effective Date of I Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this i ordinance shall be subject to the same' penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and; upon conviction shall be punished by a fine not to exceed the sum of Two Thousand, Dollars ($2,000.00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. i /s/ Judy Morrison City Secretary ' O ALLEN PUBLIC NOTICE r Notice is hereby given that the AI!en City Council adopted the following ordinance at their regular meeting held on Thursday, January 6, 1994 (Title and Penalty Clause only): Ordinance No. 1215-1-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Amend Ordinance NL, 1107-6-92, Planned Development No. 124 (PD 12), on the Following Described Tract of Lane: 1.8345 Acre Tract of Land in Ab- stract No. 92 of the Simon Burns Survey and in Abstract No. 255 of the John Davis Survey, City of Allen, Collin County, Texas; Providing for Use and Area Regulations; , Providing for a Site Plan; Providing for a I Landscape Plan; and Providing for a Pen- i alty of Fine not to'Exceed the Sum of Two Thousand Dollars ($2,000 00) for Each Of- 'fense; Providing for a Severability Clause; and Providing for the Effective Date of + Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive r Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary Adjacent Zoning-, PD -12 J01 I 0 0 Adjacent Zoning: PD -12 Plan True North North Site Plan Scale: V — 201 - 011 100.01, X Ell TIE AI!PD0VF_D4- Aj wyq L J &I f �UP�Iffi �1, 11� I Ordinance No, 1215-1-94 EHhibit 111111 JOB NO. 92004 DATE 30 Oct 93 RAWN DRAWN B Y JSB U( I Z z C/) z .<A r. U Z Z Z o; P, CA Shadow Lakes Phase A 'Ad -ocent Zoning- PD -12 X Z 100.01, X Ell TIE AI!PD0VF_D4- Aj wyq L J &I f �UP�Iffi �1, 11� I Ordinance No, 1215-1-94 EHhibit 111111 JOB NO. 92004 DATE 30 Oct 93 RAWN DRAWN B Y JSB U( I Z z C/) z .<A U Z Z Z o; P, CA X Z U IC,0 'J Land Use Tabulations U --------------------------------------------------------------------------------------------------------- Area Tabulations Site Coverage % -----------------------------------------..--------------------- Area: 32)789 s. f. 100.0 % (U Building Area: 4)542 s.f. 13.8 % Paving Area: 6)480 s. f. 19.8 % f Landscape Area: 21,767 s.. 66.4 % 10, --------------------------------------------------------------------------------------------------------- 4=4 Parking TabUlations ---------------------------------------------------------------------------------------------- Required: .10spaces ---------- 6 + I per classroom Provided: 15 spaces 14 + I handicapped 100.01, X Ell TIE AI!PD0VF_D4- Aj wyq L J &I f �UP�Iffi �1, 11� I Ordinance No, 1215-1-94 EHhibit 111111 f Q 10" Wide Drop-off Jane Plan True North North Landsc�.pe Plan Scales: 1 " =20' -0" 1 Landscape Legend Key Botanical Narne Conin on Name Size Quantity ---------------------------------------------------------------------------------------------------------- LO Quercus virginia Live (yak 411 Cal. 3 IAC? Quercus shumardi i Shumard Red Oak 4" Cal. 1 CM Lagerstroemia indica Crepe .Mrytle 15 Gal. 6 CE illmus crassifolia Cedar Elm ( Existing to remain ) BJ Juniperus sp. "Blue Harbor " Juniper 1 Gal. 120 Sc Seasonal Color 4" Pots 144 Bermudagrass ( Refer Notes n . ap Notes --------------------------------------------------------------------------------------------------------- 1. All driveways, parking areas, approaches, and sidewalks will be poured -in-place concrete paving per City of Allen specifications. 2. Existing Cedar Elm will remain. 3. All lawn areas shall be hydronlulched Bernludagrass. 4. All planting beds and lawn shall be separated by steel edging. S. All planting beds and lawn areas shall have a nllnlnlunl 2% positive drainage awry from building. 6. All planting beds and lawn areas shall be 100% irrigated with underground irrigation system. 7. All fencing shall be chain-link with a height as rioted. 9. Playground equipment area layout shall be provided by tenant. Playground equipment areas shall be 4" deep bark-111ulch or pea -gravel base oil landscape fabric and have landscape timber borders. [ O B NO. 92004 DATE 30 Oct 93 DRAWN BY 1513 REVISIONS 10 Nov 93 SWEET NO. Oris o, 121.5-1-94 Uhihit 111 2 OF SET NO. 1 I Z X11 �✓ 1 I 1 I a""'1 I 1 I I I I I I I 1 I 1 I I I I I I C/) I I 1 1 I 1 1 1 I 1 I I I 1 I I 1 1 1 � 1 I I 1 I I F\ 1 I I I � 1 ' W I 1 � I ' 1 I 1 I � 1 I 1 I � I I I , 1 � REVISIONS 10 Nov 93 SWEET NO. Oris o, 121.5-1-94 Uhihit 111 2 OF SET NO. LARGE BRA IN S FOR THIS ORDINANCEI RESOLUTION NO* 1'215-1- 94 CAN BE FOUND ON CITY OF ALLEN 35MM ROLL NUMBERED 5.