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O-1983-9-01ORDINANCE NO. 1983-9-01 ' 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. 88 FOR A CHURCH AND A DAY CARE CENTER FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 40, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT "B"; 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 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 affim ing a full and for 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 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 and Zoning Map of the City of Allen, Texas, be amended by amending Planned Development No. 40, by granting Specific Use Permit No. 88 for a Church and a Day Care Center subject to special conditions for property zoned Planned Development No. 40 described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The Specific Use Permit for the Church and Day Care Center is hereby approved subject to the following special conditions: A. That the property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B" and made part thereof for all purposes, and which is hereby approved. B. This Specific Use Permit automatically terminates in the event a Building Permit and Certificate of Occupancy are not applied for and secured within six (6) months from the date of adoption of this ordinance, unless an extension of such time period is granted as provided for by the Allen Land Development Code. SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, as heretofore amended, and m amended herein. SECTION 4. 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 5. 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 6. An offense committed before the effective date of this ordinance is governed by prim law and the provisions of the Allen land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. Any person, firm or corporation violating any of the provisions or teens of this ordinance shall be subject to the same penalty as provided for in the Allen land Development Code, 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. 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 0 DAY OF SEPTEMBER, 2001. APPROVED: XP4LIII� Stephen Terrell, MAYOR ' APPROVED AS TO FORM: ATTEST: .Pi(Rn Yf G. Smith, MY ATTORNEY Ordinance No. 1983-9-01, Page 2 CITY SECRETARY EXHIBIT "N' Ordinance No. 1983-9-01 Metes and Bounds Description SITUATED in the State of Teens, County of Collin, beteg part of the H. Saebom and R.F. Clements Survey, Abstract No. 879, beyg the resurvey o1 a 10.122 acre trail recorded order County Clerk No, 92-0009364 less a State Highway 121 right-of-way 1.014 acre Dec, recorded order County Clerk No. 99-0142632, a 10.128 gore trod recmded in Volume 3126, Page 397 I a State Highway 121 rightof-waY 1.064 am trail recorded under County Clerk No. 9"142631. a 10.135 acre tract recorded under County Clark No. 97-0006313 it= a State Highway 121 dghlof-way 1.128 acre tree recorded oder County Clerk No. 99-0139156, a 10.144 acre tract recorded in Volume Will, Page 73 less a State Highway 121 nighlaf-wey 1.198 acre tract recorded under County Clark No. 99-0139153, a 11.533 acre trod recorded in Volume 2868, Page 224 few a Stab Highway 121 right,f-wey 1.469 acre bad recorded under County Clerk No. 99-0139154 Da in the Collin County land Records wish the herein described premises being more Particularly caseload as follows: BEGINNING at a 5/8 -Inch iron rod found In County Road 149 marking the southeast comer of said 10.122 acre beet the southvest comer cfa 10.116 sae tract remnded under County Clerk No. 99-0076415 of the Collin County Lend Remeds and being. In the noM fine of a 15620 acre tree recorded In Volume 4332, page 2017 of the Collin Cagdy Land Records; THENCE with County Road 149, the north line of sold 156.20 acre tree, are south One o1 sold 10.122 acre tae, 10.128 acre irad. 10.135 acre see, 10.144 ane Mad and 11.533 acre tree, South 89954'45' West passing at 202.61 feet a 124nch yon rod kwnd and continuing for a total distance of 1228.74 feat W a 124n ch iron rad bund marking the southwest corner Of said 11.533 acre tract and the southeast corner of a 10.170 acre Mad recorded in Volume 159B, page 86 of Ne Collin County Land Records; THENCE depsmng acid County Road, North 00.3018' Wert, along the wast line of said 11.533 arse orad and the ese line W said 10.170 sae Med a distance of 1352.04 feat to a Rmma 124nch capped iron rod art marking the southwest conser of the aforementioned State Highway 121 righl-of-way 1.489 acre trod: THENCE with . northerly line of sad premises and ties south line of said 1.469 acre tra0. N.M 60.20'20' East. 39.32 feet to a Roorne 12 -Inch rapped Icon rod set; THENCE con8mdng win a nMhedy line of said premises and Me a,Wlarly line of Died 1.469 etre, 1.198 acre, 1.128 acre, 1.064 sae and 1.014 etre rightof+vay beds, North 65'08'60' East 1310.14 fast to a TxDot right-of-way monument found marking the northeast comer of said premises, the Dr -thereat mmar of .aid 1.014 ado tract, being in the east line of said 10.122 acre tree and the west line of" aforementioned 10.116 acre Mad, THENCE with the east line ofmid 10.122 acre ted and the at line of sold 10.116 acre Mart South 00'3140' East, 1920.28 feet to the place of beginning and containing 46.189 saes of lard. xvia alis I