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O-1740-7-99ORDINANCE NO. 1740-7-99 ' 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 AMENDING PLANNED DEVELOPMENT NO. 22 (PD -No. 22), ORDINANCE NO. 507-5-84, BY AMENDING THE SCHEDULE OF USES TO ALLOW FOR A CLEANING PLANTILAUNDRY WITH DRIVE-THRU FACILITIES BY SPECIFIC USE PERMIT AND TO APPROVE SPECIFIC USE PERMIT NO. 67 WITH DEVELOPMENT REGULATIONS ON LOT 1 OF THE HEIGHTS OF BETHANY, AN ADDITION TO THE CITY OF ALLEN IN THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "P" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS, AMENDED DEVELOPMENT REGULATIONS, CONCEPT SITE PLAN, BUILDING ELEVATIONS, AND LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS "Q", "R", "S", "T", AND "U", RESPECTIVELY; 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 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 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, 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 amending the Schedule of Uses of Planned Development No. 22 (PD -No. 22), Ordinance No. 507-5-84, to allow for a Cleaning PLuu/Uundry with Drive -Thur facilities by Specific Use Permit and to approve Specific Use Permit No. 67 with Special Conditions for the following -described tract of land: Lot 1 of The Heights of Bethany in the R. C. Whisenant Survey, City of Allen, Collin County, Texas, and being further described in Exhibit "P" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Special Conditions, Amended Development Regulations, Site Plan, Elevations, and Landscape Plan attached hereto as Exhibits ' "Q", "R", "S", "T", and "U", respectively, and made part hereof for all purposes. SECTION 3. The property shall be used only in the roamer 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 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. 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, font 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 J." DAY OF JULY, 1999. ' APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: /ATTEST: Peter G. Smith, yM0rJ ATTORNEY J Mo n, CMC, CITY SECRETARY Ordinance No. 1740-7-99 Page L LEGAL DESCRIPTION - Lot 1, The Heights of Bethany BEING a tract of land situated in the R. C. Whisenant Survey Abstract No. 1012, in the City of Allen, Collin Comity, Texas, and being Lot 1 of The Heights of Bethany, an addition to the City of Allen, recorded in Cabinet K, Page 806, of the Map Records of Collin County, and being more harticululy described as follows: BEGINNING at the northwest corner of Lot 1, being in the south line of Bethany Drive (variable R.O.W.), a 9 inch iron rod found; THENCE North 89°21'34" East, with the south line, for a distance of 114.00 feetto jt e northeast corner of Lot 1, a %a inch iron rod found; THENCE, South 00°38'26" East, for a distance of 207.90 feet to the southeast comer of Lot 1, a Y inch iron rod found; THr NCE, South 89`21'34" West, for a distance of 62.75 feet to the southwest comer of Lot 1, a V2 inch iron rod found; LTHENCE, with the westerly line of Lot 1 the following five calls; North 34 °59'05" West - 17.38 feet, a V. inch iron rod found; North 59`26'09" West - 16.60 feet, a Y, inch iron rod Fouad; North 86°23'39" West - 48.21 feet, a'/: inch iron rod found at the biginning of a non - tangent curve to the right, with a central angle of 98148'30", a radius of 100.00 feet and an tangent of 97.94 feet; THENCE, with said curve to the right, for an arc length of 155.00 feet (Chord Bears N 07`55'10" East- 139.94; THENCE, North 00°38'26" West - 43.00 feet to the POINT OF BEGINNING containing 26,921.35 square feet of land. EXHIBIT P LOrainance No. 1740-7-99 CONDITIONS FOR SUP FOR A CLEANING PLANT(LAUNDRY WITH DRIVE-THRU FACILITIES FOR LOT I OF PLANNED DEVELOPMENT NO. 22 A. Site Plan, Elevations and Landscape Plan: The property shall be developed and used only in accordance with the Site Plan, Elevations and Landscape Plan attached to the ordinance. B. Screening: All air conditioning units and mechanical equipment shall be screened from view of adjacent properties and public rights-of-way. C. No more than fifty percent (50%) of gross floor area can be dry cleaning equipment. EXHIBIT Q Ordinance NO. 1740-7-99 I ' AMENDMENTS TO THE DEVELOPMENT REGULATIONS FOR TRACT 2 OF PLANNED DEVELOPMENT NO. 22 EXHIBIT R Page 1 of 3 Ordinance No. 1740-7-99 1. PURPOSE: The purpose of this Tract is to provide an area as an integral part of this planned development district for retail and related services. Following uses are those set forth in the Zoning Ordinance for Local Retail and Shopping Center use. 2. USE REGULATIONS: A building or premise shall be used for the following purposes: a. Cleaning Plant/laundry by Specific Use Permit. b. Hardware store. C. Barber and beauty shops. d. Florist or garden shops (no outside storage or sales). e. Household appliance sales. ' f. Veterinarian (no outside runs). g. Drug store or pharmacy. h. Bakery (retail). i. Grocery store. J. Day care center for children. k. Paint sales/wallpaper/interior decorating sales (all inside). 1. Office supplies. M. Building materials sales (inside). n. Banks and financial institutions. o. Commercial amusement (indoor). p. Studios, photos, music, art, health, etc. ' q. Furniture sales. EXHIBIT R Page 1 of 3 Ordinance No. 1740-7-99 3. 4. 11 r. Auto parts sales (indoor). S. Department or discount stores. t. Antique shops. U. Indoor theater. V. Restaurant (no drive-in). W. Restaurant (with drive-thru window). X. Accessory buildings and uses customarily incident to any of the above uses. Y. Uses similar to the above mentioned permitted issues provided activities conducted observe the requirements of all City ordinances. Z. Other retail stores and personal services of a similar nature and character provided that the business establishment supplies and everyday shopping needs of the immediate neighborhood and subject to the following conditions: I ) That it be conducted wholly within an enclosed building. 2) The required yards not be used for display, sale or storage of merchandise or for the storage of vehicles, equipment container, or waste material. 3) That all merchandise be first-hand and be sold at retail on the premises. 4) That such use not be objectionable because of odor, excessive light, smoke, dust, noise, vibration or similar nuisance. HEIGHT REGULATIONS: No building shall exceed thirty (30) feet or two and one- half (2 %:) stories in height. AREA REGULATIONS: a. Size of Yards: 1) Front Yard — A front yard of a minimum of twenty-five (25) feet shall be observed for all buildings. Parking shall be permitted in the front yard area. 2) Side Yard —There shall be a minimum side yard of fifteen (15) feet on the side of a lot adjoining a street, alley, or residential district. 3) Rear Yard — A rear yard shall not be less than twenty-five (25) feet. EXHIBIT R Page 2 of 3 Ordinance No. 1740-7-99 ' b. Lot Coverage: In no case shall more than fifty (50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Floor Area Ratio: The ratio of total floor area of all buildings to total land area shall be a maximum of 1:1. 5. BUILDING REGULATIONS: Type of Materials: All main building exteriors shall be constructed of stone, brick, tiles, cement, concrete or similar materials. 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