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Home My WebLink AboutO-2791-12-08ORDINANCE NO. 2791-12-08 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 106 FOR A CHURCH FOR PROPERTY ZONED "R-5^ RESIDENTIAL, BEING 3.616* ACRES IN THE SIMON BURNS SURVEY, ABSTRACT NO. 92, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED; PROVIDING FOR A SITE PLAN ATTACHED AS EXHIBIT "B"; 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 Zomng Commission 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 the Allen Land Development Code Zoning Regulations 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, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Collin County, Texas, be amended by granting Specific Use Permit No. 106 for property wood "R -5 - Residential, consisting of 3.616 * acres in the Simon Bums Survey, Abstract No. 92, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, subject to the following special condition: 1. The Specific Use permit shall be for a Church. 2. The property shall be developed and used only in accordance with the Site Plan, attached hereto as Exhibit "B," and made part hereof for all purposes. 3. Prior to the issuance of the first building permit for the construction for the third new building as shown on the site plan (the fellowship building, the worship building and the discipleship building), the owner shall provide for off-site parking of at least 30 vehicles on an approved parking surface within a reasonable distance from the property pursuant to an agreement (in a recordable form if such agreement is with a private party or entity) to be approved by the city attorney, such agreement to provide for the parking of vehicles during periods of worship and special events held on the property. I4. Church shall employ off duty peace officers to direct traffic as necessary during periods of worship and special events. I 1 1 SECTION 3. 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 m conflict herewith shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, 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 Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 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 to Allen land Development Code Zoning Regulations as previously amended, and upon conviction shall be punished by a tine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of the caption 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 9m DAY OF DECEMBER, 2008. APPROVED AS TO FORM: Peter G. Smith, CITY knroRNEY APPROVED: Stephen Ttrrell, MAYOR ATTEST: Ordinance No. 2791-12-08 Page 2 MaC-0 ..."11%,. x' EXHIBIT "A" LEGAL DESCRIPTION LBEING a tract of land situated in the Simon Bums Survey, Abstract No. 92, and being the same tract of land described in a deed to the Walter L. Mason Family Irrevocable Trust, as recorded in CC#95-0090546, and being more particularly described as follows: BEGINNING at a 'h inch iron rod with a red plastic cap stamped "W.A.L" set in the northerly right of way line of Bethany Drive (I10 foot ROW), said point also being the most southeasterly comer of Lot 10, Block L of Parkside Addition, an addition to the City of Allen as recorded in Cabinet 1, Pate 769; THENCE North 00 deg 39 min 36 sec East a distance of 502.67 feet to a 'h inch iron rod found, said point being in the easterly line of a 16 foot alley, said point being the beginning of a non -tangent curve to the right having a radius of 40.00 feet and a chord bearing North 45 deg 39 min 36 sec East a distance of 56.57 feet; CON IN1JNG along said non -tangent curve to the right through a central angle of 90 deg 00 min 00 sec and an arc length of 62.83 to a''/, inch iron rod found for comer in the southerly line of a 16 foot alley; THENCE along the southerly line of said 16 foot alley, South 89 deg 20 min 24 sec East a distance of 211.54 feet to a '/, inch von rod found for comer, said point being the beginning of a non -tangent curve to the right having a radius of 40.00 feet and a chord bearing South 44 deg 20 min 24 sec East a distance of 56.57 feet; CONTINUING along said non -tangent curve to the right through a central angle of 90 deg 00 min 00 sec for an am length of 62.83 feet to a 72 inch iron rod found for comer in the westerly right of way line of I THENCE along the westerly right of way line of a 16 foot alley South 00 deg 39 min 36 sec West a distance of 502.59 feet to a % inch iron rod found for comer in the northerly right of way line of said Bethany Drive; THENCE North 89 deg 21 min 23 sec West a distance of 291.56 feet to the POINT OF BEGINNING CONTAINING within these metes and bounds 3.616 Acres or 157,511 Square Feet of land, more or less. Ordinance No. 2791-12-08, Page 3 I EXHHHT"B" SrrE PLAN Ordinance No. 2791-12-08 Page 4 �'°• , . Howl All ill McVaMi R— 11 ._ _�ewa - ..— aria ldnxoa �_--- Ordinance No. 2791-12-08 Page 4