O-1834-5-00ORDINANCE NO. 1834-540
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING SPECIFIC USE PERMIT No. 76 FOR A RETAIL DRY
CLEANERSILAUNDRY WITH PICK-UP FACILITIES WITH SPECIAL
CONDITIONS FOR 0.588 ACRES OF LAND ZONED CENTRAL BUSINESS
DISTRICT LOCATED IN TRACT 202 OF THE RAILROAD RESERVATION IN
THE JAMES L. READ SURVEY, ABSTRACT NO. 755, CITY OF ALLEN,
COLLIN COUNTY, TEXAS AND BEING FURTHER 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 FOR SPECIAL
CONDITIONS; 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.
WIIEREAS, 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. 76 for a Retail Dry
Cleaners/Laundry with pick-up facilities located on 0.588 t acres of land located on Tract 202 of the
Railroad Reservation in the lames L. Read Survey, Abstract No. 758, City of Allen, Collin County, Texas,
as further described in Exhibit "A" attached hereto.
SECTION 2. That the Specific Use Permit for a Retail Dry Cleaners/Laundry with pick-up facilities is
subject to the following special conditions:
1. The property shall be used and developed only in accordance with the Site Plan attached hereto as
Exhibit "B" and which is hereby approved.
2. All exhaust fans, washer fans, refrigeration units, compressors and all mechanical, heating and air
conditioning equipment shall be roof mounted, vented and screened from public view and/or
adjacent property by parapet walls.
3. The refuse storage container shall be located in such a manner and visually screened in such a way
that it will not be visible from McDermott Drive and/or from Belmont Drive.
4. One hundred percent (100%) of the total exterior walls above grade level to the plate line of the
first floor, excluding doors and windows shall be brick.
S. The Specific Use Permit shall terminate six (6) months after the adoption of this ordinance, unless a
Certificate of Occupancy has been issued for this use within that time period.
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 we 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 be 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 for 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 18TH DAY OF MAY, 2000.
APPROVED:
/' ',D
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Judy Morl%on, CMC/AAE, CITY SECRETARY
(revised by PGS/ttl 05/22/00)(34039)
Ordinance No. 1834-5-00, Page 2
LEGAL DESCRIPTION
Situated in the City of Allen, Collin County, Texas, and being a tract of land in the JAMES L.
READ SURVEY ABSTRACT NO. 758, and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for corner at the intersection of the Southerly
right-of-way line of Belmont Drive (80 foot right-of-way) and the Westerly right-of-way line of Ash
Drive (50 foot right-of-way);
THENCE South 11 degrees 30 minutes 00 seconds West, along the Westerly right-of-way line of
Ash Drive, a distance of 219.93 feet to a 1/2 inch iron rod found for corner at the intersection
of the Northerly right-of-way line of McDermott Drive (120 foot right-of-way) and the Westerly
right-of-way line of said Ash Drive;
THENCE North 78 degrees 33 minutes 01 seconds West, along the Northerly right-of-way line of
said McDermott Drive, a distance of 130.26 feel to a 1/2 inch iron rod found for corner at the
Intersection of the Northerly right-of-way line of said McDermott Drive and the Easterly
Fightof-way line of Southern Pacific Railroad, said point being in a curve to the left having a
central angle of 02 degrees 12 minutes 22 seconds, a radius of 5754.58 feet, a tangent of
110.81 feet, a chord bearing of North 18 degrees IS minutes 39 seconds East and a chord
distance of 221.57 feet;
Thence along said curve to the left and the Easterly right-of-way line of said Southern Pacific
Railroad, an arc distance of 211.59 feet to a 1/2 inch iron rod found for corner in the Southerly
right-of-way line of said Belmont Drive;
THENCE South 78 degrees 31 minutes 04 seconds East, along the Southerly right-of-way line of
said Belmont Drive, a distance of 103.99 feet to the POINT OF BEGINNING and containing 0.588
acres or 25,605.02 square feet of land.
NOTE: The Company is prohibited from insuring the area or quantity of the land described
herein. Any statement in the legal description of the area or quantity of land is not a
representation of such area or quantity, but is for informational and/or identification purposes
and does not override Item 2 of Schedule B hereof.
EXHIBIT A
ordjnaz No. 1834-5-00
APR 14 20133
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