HomeMy WebLinkAboutO-1356-9-95ORDINANCE NO. 1356-9-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, AND ORDINANCE NO. 1172-5-93, PLANNED
DEVELOPMENT NO. 54, BY APPROVING A SITE PLAN IN PLANNED
DEVELOPMENT NO. 54 (PD NO. 54) ON THE FOLLOWING -DESCRIBED
TRACT OF LAND: 1.7218 ACRES OF LAND IN THE CATHERINE PARSONS
SURVEY, ABSTRACT NO. 711, TRACT 19, CITY OF ALLEN, COLLIN
COUNTY, TEXAS; PROVIDING FOR EXHIBIT W LEGAL DESCRIPTION,
PROVIDING FOR EXHIBIT W SITE PLAN; PROVIDING FOR
STIPULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR A SEVERABE TTY CLAUSE; AND PROVIDING FOR THE
EFFECT DATE OF SAID ORDINANCE.
W IEREAS, 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. 1172-5-93, Planned Development No. 54 (PD -54), should be changed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Comprehensive Ordinance No. 829-11-87, as previously amended, and Ordinance No.
1172-5-93, PD -54, of the City of Allen, Texas, be, and the same hereby are, amended by approving a site
plan for a day care center in a portion of Tract 14 of Planned Development No. 54 (PD No. 54) and
providing for stipulations on the following -described tract of land: 1.7218 acres of land in the Catherine
Parsons Survey, Abstract No. 711, Tract 19, City of Allen, Collin County, Texas.
SECTION 2: The property described in Exhibit "K" attached hereto, and made a part hereof for all
purposes, shall be used in the manner and for the purposes provided for as approved herein.
SECTION 3: The approved site plan attached hereto as Exhibit "L" is made a part hereof for all
purposes and shall be adhered to in its entirety.
SECTION 4: The State of Texas accessibility issues relating to sidewalks shall be addressed prior to
approval of the construction documents.
SECTION 5: The landscape area shall be automatically irrigated.
SECTION 6: 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 7: 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 8: 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 9: 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 7TH DAY OF SEPTEMBER , 1995.
APPROVED:
J96 Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
A
A. der, CITY ATTORNEY jiwmo n, CM ,CITY SECRETARY
Ordinance No. 1356-9-95 Page 2
214 509 1448
AUG -10-95 THU 02:21 PM R FOERSTER, CIVIL ENGRS 214 509 1448 P.02
FIELD NOTE DESCRII!TION
BEING a 1.7218 acre tract of land situated in the Catherine Parsons Survey, Abstract No_
711, in the City of Allen, Collin County, Texas, and being part of a called 13.697 acre tract
of land conveyed to Janice B. Brittingham, according to Special Warranty Deed filed for
record in Clerk's Certificate No. 93-0071697, of the Collin County Land Records and
described by metes and bounds in "Tract 1" of "Exhibit A" in Special Warranty Deed to Briar
Ridge Investments, Inc. as recorded in Volume 3741, Page 79 of the said Collin County
Land Records, and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said 13.697 acre tract, as referenced by a 1" iron
rod found 0.2 feet north of comer (said northwest comer being occupied by a Southwestern
Bell Telephone Company "Riser Box"), same being in the east right-of-way line of Alma
Drive (55 feet from the current west line and the future centerline) located N_000 32'18"E.,
549.55 feet from the north right-of-way line of McDermott Road said north right-of-way line
being 55 feet north of it's centerline according to Street Dedication Plat Of McDermott Road
filed for record in Cabinet F, Page 673 of the Collin County Plat Records, and said
northwest corner being also the southeast corner of Raintree Estates I, an addition to the
City of Allen according to plat filed for record in Cabinet F, Page 315 of said Plat
Records,and further, said northwest corner being also referenced by an "X" found cut in
concrete screening wall footing, bearing N.031 17'14"W. a distance of 0.87 feet;
THENCE, S.890 35'29"E., 411.40 feet along the common boundary line between said
13.697 acre tract and said Raintree Estates I, to a 1/2" iron rod set for corner;
THENCE, S.00° 24'31 "W., 200.00 feet to 1/2" iron rod set for corner;
THENCE, N.890 35'29"W., 205.57 feet to a 1/2" iron rod set for the beginning of a curve
to the right in a northwesterly direction having a central angle of 360 42'43", a radius of
145.00 feet and a chord bearing N.711114'08"W., for a distance of 91.33 feet;
THENCE, along said curve an arc distance of 92.91 feet to a 1/2" iron rod set for the point
of reverse curvature for a curve to the left having a central angle of 360 42'43", a radius of
185.00 feet, and a chord bearing N_71Q 14'08"W., a distance of 116.52 feet;
THENCE, along said curve an arc distance of 118.54 feet to a 1/2" iron rod set for the end
of curve;
THENCE, N.890 35'29"W., 8.86 feet to a 112" iron rod set for corner in the common
boundary line between the west line of the said 13.697 acre tract and the -east right; -of -way
line of said Alma Drive;
THENCE, N.0011 32'18"E., 134.55 feet along the said east right-of-way line of Alma Drive
to the Point of Beginning and containing 75,000 .00 square feet or 1.7218 acres of land.
Ordinance Na. 1356-9-95
Enhibit "K"
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NOTES:
1. It Is The Contractor's Responsibility To Verify The Location Of All
Existing Utilities, Whether Or Not Shawn On These Plans, and Protect
Them At His Expense, During All Construction Phases.
2. The Contractor Shall Provide and Maintain Traffic Warning Signage
and Barricading As Required By The City of Allen Public Works Dept.
3. The Contractor Shall Furnish at His Expense The Design For
Trench Safety Details For All Trenching and Excavation More Than
Five (5") Feet in Depth.
4. The Contractor at His Expense Shall Remove , Clean Site Area and
Dispose of all Broken Concrete, Construction Debris and Trash.
5. All Materials and Construction For Water Main and Fire Hydrant
Installation Shall be In Accordance With The City of Allen Standard
Specifications.
BENCHMARK: 60d Nail In Power Pole Located At the Northwest
Corner of the Project
Elev. = 655.40
SITE SUMMARY
ZONING.............................................................S.C. (Shopping Center)
BUILDINGAREA ........ ........................................................... 10,663 S.F.
TOTAL ON-SITE PARKING & DRIVE PAVEMENT..............16,290 S.F.
OFF-SITE DRIVE APPROACH...................................................616 S.F.
USABLE PLAYGROUND AREA...........................................33,960 S.F.
LANDSCAPED AREA OUTSIDE OF PLAYGROUND........... 10,600 S.F.
(65 % OF TOTAL PARKING AREA)
MISCELLANEOUS AREA ......................................................13,822 S.F.
TOTAL SITE AREA................................................................74,635 S.F.
COVERAGE....................... g .......................................................14.2%
S
BUILDING HEIGHT .............................................. ONE-STORY or 22'-0"
NUMBER OF STUDENTS..................................................................180
PARKING
Required ( 1 per Room + 6) ...........................................23 Spaces
Provided........................................................................48 Spaces
Typical Parking Stall: 9" x 18'
Handicap Spaces Required ............................................ 2 Spaces
Handicap Spaces Provided ............................................ 2 Spaces
One 8'x 18' Standard Space ,
One 8'x 18' Van Accessible Space
One 8'x 18' Access Aisle
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KEYED NOTE
1 6" 3000 PSI Reinforced Concrete Pavement (Ref. 1/X-6)
2 6" Monolithic Concrete Curb (Ref. 2 /X-6)
3 Turndown Walk Edge (Ref. 3/X-6)
4 4"-3000 PSi Reinforced Concrete Walk (Ref. 4/X-6)
5 Handicap Ramp (Ref. 5/X-6)
6 6 -Ft High Brick Dumpster Enclosure (Ref. Arch. Plans)
7 8 -Ft High Brick Screening Wall (Ref. Sht. X-6)
8 6 -Ft High Vinyl Clad Chainlink Fence (Ref. X-6 & SPEC Shts.)
9 4 -Ft High Vinyl Clad Chainlink Fence (Ref. X-6 & SPEC Shts.)
10 4 -Ft Fence Cate (Ref. SPEC Shts.)
11 Double 4 -Ft Fence Gate (Ref. SPEC Shts.) .
12 Brick HVAC Enclosure (Ref. Arch. Plans)
13 Standard "HANDICAP PARKIN 0" Symbol Painted on Pavement (Ref. Arch. Plans)
14 Standard "HANDICAP PARKING ONLY" Sign Mounted on 6'-6" High, 2-1/2" Dia. Galy.
Pole Set in Concrete Footing (Ref. Arch. Plans)
15 6" White Painted Stripping on Pavement @ 18" Centers
16 12'9 White Letters Painted on Pavement "KINDER CARE VAN ONLY"
17 New Pole Mounted Transformer By T.U.E.
18 Buried Electric Service, 4" PVC Sch.40 Conduit With 36" Sweeping Bends; From Pole to
Bldg, Per T.U.E. Specs
19 Buried Telephone Service; 4" PVC Sch.40 Conduit With 36" Sweeping Bends per
Southwestern Bell Specs
20 1'/s'" Gas From Main tv Meter by Lone Star Gas Company
21 1Yz" Gas From Meter to Building
22 2" Water Tap & Meter (Type K Copper)
23 2" Water ,Service From Meter To Bldg.(Type K Copper)
24 2" Irrigation Tap and Meter (Ref. Sht. X-5)
26 6" Sch.40 PVC Sanitary Sewer Lateral From Property Line to Building
26 Connect Sewer Lateral To Existing Sewer Stubout By Others
27 Construct Monument Sign (Ref. Arch. Plans)
28 Construct Concrete, Flume (Ref. Sht. X-3 & X-6)
29 Construct Concrete Grate Inlet (Ref. Sht. X-3 & X-6)
30 Construct 10",SDR-35 PVC Drain Line
31 Construct 8",SDR-35 PVC Drain Line
32 Construct 6", SDR -36 PVC Drain Line
33 Construct 4", SDR -35 PVC Drain Line
34 Sandbox (Ref. Arch. Plans)
35 Landscape Planter Box (Ref. Arch. Plains)
36 Play Mats/Fixed Play Structures (Ref. Arch. Plans)
37 Water Play Area With Cutlet Drain (Ref. Arch. Plans)
38 Shade/Funbrella (Ref. Arch. Plans)
39 Drive Thru Shade Structure (Ref. Arch. Plans)
40 P17yshade Structure (Ref. Arch. Plans)
41 Mat/Infant Slide (Ref. Arch. Plans)
42 Basketball Backboard (Ref. Arch. Plans)
43 Erect Flagpole with 4"x 36"x36" Concrete Pad
44 Connect Reinf. Concrete Pavement to Keyway By Others
45 Parking Lot Light (Ref. Arch. Plans)
46 Fire Line From Main to Bldg. (By Licensed Fire ;sprinkler Contractor)
47 Fire Connection (By Licensed Fire Sprinkler Contractor)
48 Fire Lane Marking Per City Specs(Ref.Sht. X-6)
49 Grease Trap (Ref. Arch. Plans)
50 4" Sch. 40 PVC Sanitary Sewer Line From Grease Trap To 6" La,yeral
51 Sewer Cleanout
62 Milsap Stone Plantar Wall (Mortared), 12" Min. Width, with 8"Deep by 12" Wide
Concrete Footing(Ref. Sht. X-6)
53 Expansion Joint (Ref. Sht. X-6)
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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
1.7218 Acre tract
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Saturday August 12, 1995
and which was issued on
Auaust 12, 1995
by City o f Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRI ED AND WORN to before me this
da IU A.D.
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 15 . 7 5
V. A. TODD
MY COMMISSION EXPIRES
December 5, 1996
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 to be held on Thurs-
day, September 7" 1995, at 7:30 p.m. in the
Council Chambers of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, to
consider a request to amend Planned De-
velopment No. 54 by approving a site plan
for a day care center.
This request is on property described as a
1.7218 acre tract of land located in the
Catherine Parsons Survey, Abstract
No.711, Tract 19, City of Allen, Collin
County, Texas; further described as being
located north of McDermott Drive and east
of Alma Drive, immediately south of the
I Raintree Estates Subdivision.
Anyone wishing to speak FOR or
AGAINST this request is invited to attend
this public hearing and voice his or her
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
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLON
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 #1356-9-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
September 13 & September 16, 1995
and which was issued on
September 13, 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publics ' is attached hereto.
,,
SUBSCRIBEDD WORN to before me this
day A.D. 19_t5-_
(. lr.
NOTARY PUBLIC in and for COLLIN COUNTY. TEXAS
Publisher's fee S 4 2 .7 6
4,,PY iii 'n:
V. A. 1000
" MY COMM SSION EXPMES
1;1 ; *' DECemLer 5, 1856
,P,"„ Y
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
September 7, 1995 (Tite and Penalty
Clause):
Ordinance No. 1356-9-95: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 1172-5-93, Planned Develop-
ment No. 54, as Previously Amended, Ap-
proving a Site Plan in Planned Develop-
�ment No. 54 (PD No. 54) on the
Following -Described Tract of Land: 1.7218
Acres of Land in the Catherine Parsons
Survey, Abstract No. 711, Tract 19, City of
Allen, Collin County, Texas; Providing for
Exhibit `K" Legal Description; Providing for
Exhibit "L" Site Plan; Providing for Stipula-
tions; and Providing for a Penalty of Fine
not to exceed the Sum of Two Thousand
Dollars ($2,000) for Each Offense; Provid-
ing 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
pen-
alty as provided for in the 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) 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 75013.
/s/ Judy Morrison
City Secretary
w CITY OF ALLEN
PUBLIC NOTICE I
Notl�4 is hereby given that the Allen City
Council adopted the following ordinance at
thekj-iegular meeting held on Thursday,
September 7, 1995 (Tite and Penalty
Clarke):
Ordinance No. 1356-9-95: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 1172-5-93, Planned Develop
meat No. 54, as Previously Amended, Ap-
proving a Site Plan in Planned Develop-
me4l No. 54 (PD No. 54) on the
Following -Described Tract of Land: 1.7218
Acreq; of Land in the Catherine Parsons
Surrey, Abstract No. 7111 Tract 19, City of
Allen,- Collin County, Texas; Providing for
Exhibit "K" Legal Description; Providing for
Exhibit "L" Site Plan: Providing for Stipula-
tions; and Providing for a Penalty of Fine
not to -exceed the Sum of Two Thousand
Dollars ($2,000) for Each Offense; Provid-
ing for a Severability Clause; and Providing j
for the Effective Date of Said Ordinance. I
That any person; firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
pen- I
alty as provided for in the Comprehensive
Zoning Ordinance No. 829-11-87 of the
City'Dof Allen, as heretofore amended, and
upoh conviction shall be punished by a fine
not Its exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
A co of this ordinance may be read or
Pum p�sed in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
TexaA 75013.
/s! .ludy Morrison
i City_Secretary_ _�