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O-1821-4-00ORDINANCE NO. 18214-00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 75 FOR A RETAIL STORE WITH OUTDOOR STORAGE AND DISPLAY WITH SPECIAL CONDITIONS FOR PROPERTY ZONED PLANNED DEVELOPMENT DISTRICT NO. 54 DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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, Texas, as previously ' amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting Specific Use Permit No. 75 for a retail store with outdoor storage and display for property zoned Planned Development District No. 54. SECTION 2. That the Specific Use Permit for a retail store with outdoor storage and display is subject to the following special conditions: 1. The outdoor storage and display of merchandise is limited to the fenced areas shown on the Site Plan attached as Exhibit "B" except as otherwise provided. 2. Display of plants, planting and landscaping accessories, outdoor cooking, smokers and accessories (including propane, tanks), swing sets and playground equipment and the storage of shopping carts shall be permitted on the unenclosed front sidewalk as shown on Exhibit 'B." 3. The Specific Use Permit shall terminate six (6) months after the adoption of this ordinance, unless a Certificate of Occupancy is issued for the allowed use within that time period. 4. The property shall be used and developed only in accordance with the Site Plan attached hereto as Exhibit "B" and which is hereby approved. SECTION 3. That 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. SECTION 5. 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 he 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. That 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 mr 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 26m DAY OF APRIL, 2000. ' APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, erry ATTORNEY Juify Mo , CMC/AAE, CITY SECRETARY OrdinanceNo. 1821-4-00 Page 2 OWNER'S CERTIFICATE SMV2'WM a dNlanca of 0.61 feat to 0 5/a -MT Vm lad set lar carne elWalad M currF9 ,set line of hatters Rotl (a wrbbla .10th dot of way): THENCE dog the ordin9 sol IM o1 old Me". Rood Me fallowing: Ban, saw carom M Me IaH M . eaublely arerlan h rid g . "to s91..1 11 arm . rodeo. at 1053.2 NN, on we length of 134.20 feet and a Tra boMg and contends a 6 AIV o'W, 134.11 foal to . 5/8 -inch ran and sal W aamr, 50011'47'W, 0 distance o1 a 07 Net M a 5/35MM son rod of Nr aamr S037421'W, a distance .I 350.tW feet M . 5/5 -MT ren roc eat M aanw: W012 -32'W, a contmee of 44.53 loot W an '. vel M M brae: THENCE 1059'4r26'W, oprlln, Me .wt line of old Wotlrs Road and aim, Me north M. of Lot 1, Wok A of 7-11 Na 2 Addlllen a. recorded In W.- 4 Pada 333, of 1M Map Rude of WIN Counly, TOO., o alliance of 205.27 lost t. 0 3/5 -FT sm rod bound far -.1. TNEN(X SW10'21'E, along Me wool MI of row 7-11 No. 2 Adatb, a distance of 19922 feet to .n a cut set b carr .1,te, M Me rod, 1A. of row incl) -rat Dries: THENCE a1m9 the north hese of sold blflrmotl M1w Me fa-.,: W9'49'39'W. a distance of 209.72 feel W an 'i col wet M carni, STATE OF TEXAS ' CWNTY OF CglIN CCNTAINWG WEREAS. Laos's Nome Coto. Ino W Ne owner of a Moet of land spurted N 1M CatN✓M Ponos. Surwy. AbaMacl No. 711. pty of Alan. WIM Cwnly, Tow. EovWed M tlee0 recorded -se I Not ceain 1M.675 one Vacation Mot MCC/ 2oW-W44766. and being . pr -ed of Lot. 1, 2, 3. and A, 61xk A, and Lot. 1 and! 2. BIOG B M a Recent of Bray CMbndl Cne as ceded M Vqurne N, Page 764, A., Records 01 Wier Cwnty Teo. .e m Phase As, recorded F Vqume 4 Pang. 352. BOMB brie b the ncrd.d Mat of Test pW Map Roro of elh, Comely Tow SWO Meet b.Yq mo prllaMy described by costo and wounds co MIoo. BEWNNING at a 5/5 -Inv# capped Iran rod No, lar barn Muctod M the Flooatbn of the no- IMe OI Ma,Mr,ro l "w (o wNab, which tight of way) and Mo east Ib of Bobo Orlw (a wrlmM wqM dot .1'adyk THENCE aong Bw ... 'he of said Beriberi Mw Me MMhMa N00'1Y33i. a distance o1 243.00 Not to a 3/5 -MM capped Wen rod MOMM NO, conn✓ and Mo beginning of A ores to Mo NN, AMng old oro holding a della ..,1. .1 0T32'4!V', a rmau. of 355.20 Mon. an Are Iogth of 47.43 Nal, and a word boding and distance of NGAIV04•W, 47.N 1w1 M a 5/6-Mch copped Mon rod fain M ccmr: NOWU-41'2, a distance of al Met M a 5/6 -Incl elm rod found for corn and M. beg - Inning of o oro le Me dot Mang oM oro hating a delta angle of WY5'14% a radio. of 29ZW Not an arch length of 44.61 Mat and a chard beoM9 and dinar. of 140410'OPW, 44.57 feet to a 5/6-In0 copped Iran rod MUM far snarl NW12'3M o distance of 331w3 Not M o 5/6 -MM earns rr rod Hund As eamr and the beginning of o wive M Me dot; Bap old ares haring a delta cope o1 coW'15', a radius of 735.00 Mat, an arch length of 51.37 foot and a chard bering and distance of N0212'40'E 51.35 NM to 0 5/5 -MM 90 rod eel Mr caner, 1451R1'27'E, a Wetonce of 2663 feet to a 6/6 -Inc, Van rad set b carer elWatod In Me scuts Iln..1 P..... tales (65' IIT% of way){ MENCE rang the out Ilse of sold Mckidew Orlw Me MImHg: 85204'59-E a distance o1 51Jo feet to a 5/c-linch an rod eel far career and Me beginning L of a aro to the led: Along said curve hating a delta angle of 24C '"*. a radio of 632.50 Int an ab length 271.70 Net and a anoint eery, and distance .f N65W'39'E 269.62 feet W o 5/5-Inbh Van arm eel far crnr. N7316'tYE a distance 01100.00 Met to 0 5/6 -Mc, Van rad W or carr and Me beginning of a ern.. to M. right Along weld ram haNrp a onto angle of 25v4LT. a rodWe of 557.50 Net an M length 0 264.92 loot and a Tri beaing and distance o1 NW' O'40'E, 262.50 feet to a 5/6-Nc, Von rod at her caner. 57936'W'E. A distance o1 260.42 Net to a 5/e -MT Van rod osl far mrv. SMV2'WM a dNlanca of 0.61 feat to 0 5/a -MT Vm lad set lar carne elWalad M currF9 ,set line of hatters Rotl (a wrbbla .10th dot of way): THENCE dog the ordin9 sol IM o1 old Me". Rood Me fallowing: Ban, saw carom M Me IaH M . eaublely arerlan h rid g . "to s91..1 11 arm . rodeo. at 1053.2 NN, on we length of 134.20 feet and a Tra boMg and contends a 6 AIV o'W, 134.11 foal to . 5/8 -inch ran and sal W aamr, 50011'47'W, 0 distance o1 a 07 Net M a 5/35MM son rod of Nr aamr S037421'W, a distance .I 350.tW feet M . 5/5 -MT ren roc eat M aanw: W012 -32'W, a contmee of 44.53 loot W an '. vel M M brae: THENCE 1059'4r26'W, oprlln, Me .wt line of old Wotlrs Road and aim, Me north M. of Lot 1, Wok A of 7-11 Na 2 Addlllen a. recorded In W.- 4 Pada 333, of 1M Map Rude of WIN Counly, TOO., o alliance of 205.27 lost t. 0 3/5 -FT sm rod bound far -.1. TNEN(X SW10'21'E, along Me wool MI of row 7-11 No. 2 Adatb, a distance of 19922 feet to .n a cut set b carr .1,te, M Me rod, 1A. of row incl) -rat Dries: THENCE a1m9 the north hese of sold blflrmotl M1w Me fa-.,: W9'49'39'W. a distance of 209.72 feel W an 'i col wet M carni, ORDINANCE NO. 1821-4-00 EXHIBIT "A" N89-48-43 W. a distance of 511.24 lost to Me PUNT OP BEGNNINB and CCNTAINWG 17.376 ares or 755,633 square Not .f ba. ORDINANCE NO. 1821-4-00 EXHIBIT "A" - tt f!, I �� �pAJJJ1Jl1. /rIR�► r.. -t�%Cp'':�:•;'1 8�� ��� • ��11 in 1111VILE IN � /if%/%/////%//,.,f.///////%%/,,.1./u ah Eemi IMMw_ u� dw�'•-r.�._C3,`�i��///�/