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O-1645-10-98ORDINANCE NO. 1645-10-98 ' AN ORDINANCE OF THIN CITY OF ALIEN, COL LIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 14155-96, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 1279-9-94 BY CHANGING THE AREA AND USE REGULATIONS ON TRACT B OF FLOOD PLAIN MANNED DEVELOPMENT NO. 33 (FP -PD NO. 33) TO ALLOW FOR AN ON- SITE CLEANING PLANT AND LAUNDRY ON THIN FOLLOWING - DESCRIBED TRACT OF LAND, TO -WIT: 5.16 ACRES IN THE L A. TAYLOR SURVEY, ABSTRACT NO. 908, AND THE JOHN DAVIS SURVEY, ABSTRACT NO. 255, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHMIT 'A' LAND USE PTAK OMMIT B' ARRA AND USE REGULATIONS, AND EXHIBIT 'C' LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENS$ PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THIN EFFECTIVE DATE OF SAID ORDINANCE 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 Cityof Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording 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 Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THIN CITY OF ALLEN, SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, and Ordinance No. 1279-9-94 be and the same are hereby amended by changing the area and use regulations on Tract B of Flood Plain -Planned Development No. 33 (FP -PD No. 33) to allow for an on-site cleaning plan and laundry with a maximum of 4,000 square feet on the followinp- described tract of land: 5.16 acres in the J. A. Taylor Survey, Abstract No. 908, and the John Davis Survey, Abstract No. 255, City of Allen, Collin County, Texas. SECTION 2• The approve Land Use Plan and Area and Use Regulations attached hereto as Exhibits "A" and "B," respectively, are made a part hereof for all purposes and shall be adhered to in their entirety. SECTTON3: The Legal Description attached hereto as Exhibit "C" is made a part hereof for all purposes and shall be used in the manner and for the purposes provided for as approved 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. SF.CITON 5: 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 ($2,000.00) for each offense. SECTION6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had (mown the affected parts would be held unconstitutional. SECTION 7. 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 COUNCH.OF THE CITY OF ALLEN, TEXAS, ON THE 15thDAY OF OCTOBER ,1998. APPROVED: "� Stephen Terrell, MAYOR Ordinance No. 1645-10-98 Page 2 6 ilk g ORDINANCE NO _ 1645-10-98 s i d EXHIBIT'A', LAND USE PLAN 9 n ^ p • I F.Y. (YAM SMU= 2170 ' EXHIBIT 'B" AREA AND USE REGULATIONS Development Regulations- Development shall take place in accordance with Section 3.01(Q) "Sc' Shopping Center District Regulations, of the City of Allen Comprehensive Zoning Ordinance, except as follows: On -Site Cleaning Plant or Laundry not to exceed 4,000 square feet is allowed. F ORDINANCE NO.] 649-1 o-ga EXHIBIT'B", AREA $ USE REGS. 1 NIA DR. OWNER'S CaBNr".. Stale of Texas County of Collin WHEREAS, fox Micro btemolio"Ol, Inc.. is the owner of a 5.1568 acre trod of 5 I elided bd Mor - JA Taylor Survey. AMtrad No. 908 and the John Davis Survey. ADetrad No. 255, File Numose Y Collin County. Tom., a$ recorded in o deed INsd for record in hCollin 1 �5County pid trod 'n filed (CCCF/) 97-0111412. of the Collin County Land Records, Of record a lot 1, Bock A d GREENWOOD VALLEY INSTALLMENT N0. 1, an addition to the City Nle. recorded in Cabinet C, page 52 of follows: Records of Collin County. Texas. sad 5.1569 orae Lott Ming mos PortlwlarYl BEGINNING Of 1/2 inch iron rod found for the intersection of the westerly line of Alan Heights Drive (a variode wif"It right — i—say) with lin southerlyline of F.M. 2170 (East Main Street) (al this Point a 115 foot right—oi-way): THENCE South 00 dog. 09 min. 57 we. West with ,s westerly Nne of Allen Heights Drive a distance of 305.00 feel to a 1/2 inch iron rodfound; THENCE North 89 deg. 22 min. 43 sec. East a distance fast to a lay) inch iron rod found in Drivethe westerly line of Alen Heights Ds (d thin pddtof fool g of—s ral la Of THENCE with o non—tangent curve to lin right having a cent min g57 sec6 deg 2]t min. niss4 in all a radius of 925.00 feel and a chord EeariSouth 08 deg. 17et.1 comer total arc distance of 272.15 feel to a 11712 inch Iron rod Lound d the most westerlynortheast s 415 of of Shadow Lobs North Phase B, al addition to the City d Alan recorded in Cabinet J, aq the Land Records of Collin County. Texce: THENCE South 89 deg. 22 Min. 58 wet. West with a Muth lire of said Shadow Lakes North Phase B o Oidowe of 245.78 feet toe 1/2 inch iron me a set ot of theaO.hegetnonC of 0 cum And tolhe rig ght ha igving a central angM of 87 deg. 37 min. 02 sec.. e d. 48 min. 31 sec. West. 55.38 feel; THENCE along said curve to the right an arc distance of 61.17 feel to a 1/2 inch iron rod set in an easterly Fns of said addMOm THENCE North 03 dig. 00 min. West a distance of 74.14 feet loo 1/2 inch iron rad found at int Qa ginning Mori 9 curve o1the 'Oft 9 deg. 30 m cont of o O1last: d•9. 00 min., o radius of 391.00 feel and Nor THENCE along said turn to the left An arc distance of 225.20 feet to 0 1/2 inch iron and found; THENCE North 36 deg. 00 min. West a distance of 47.88 feat to a 1/2 inch Iron red found at the beginning of a curve to lin right having a central angle of 35 dig. 22 min. 58 me, o radius d 300.00 feet and a chord bedding North 18 dig. IB min. 31 we West. 182.33 fast; THENCE along said curve to the right an arc distance of 185.26 feel to a 1/2 inch iron rod found; THENCE North 00 deg. 37 min. 02 sec. West adistance2.1 o a1/2 inch iron roll found in the mouth line of cab F.M. 2170 (at this Point 110 fadright—d---y)- THENCE with the south line of sold F.N. 2170 North 89 deg. 22 min. 43 me. East a distance of 272.52 feel to a 1/2 inch iron rod sal; THENCE South DO deg. 09 min. 57 see. West o distance of 5.00 feat to a 1/2 inch iron rod Lound; THENCE North 89 d83.B a Mi .Flase.66 data land.ndf 21500 test to the PUCE OF BEGINNING and containing 224.83 1 BEARING B0.IS PER PUT OF ORDINANCE NO.1645-1 o -9R EXHIBIT -C-. LEGAL DESCRIPTION ME me 1ww s M 1 y t Q er sW I MAPSLOMM