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O-1621-8-98ORDINANCE NO. 1621-8-98 AN ORDINANCE OF THE CITY OF ALLEN, COLI -IN COUNTY, TEXAS, r, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED AND PLANNED DEVELOPMENT NO. 5 ORDINANCE NO. 370.10.81 BY REPEALING ORDINANCE NO. 784-3-87, BEING A SPECIFIC USE PERMIT FOR GASOLINE SALES, AND RE- ESTABLISHING SHOPPING CENTER REGULATIONS ON THE FOLLOWING - DESCRIBED TRACT OF LAND: LOT 2, BLOCK 1, MR. QUIK ADDITION, BEING 705 13 MAIN STREET, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE 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 City of 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 revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: bw SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, and Planned Development No. 5 Ordinance No. 370-10-81 be amended by repealing Ordinance No. 784-3-87, being a specific use permit for gasoline sales, and re-establishing shopping center regulations on the following -described tract of land: Lot 2, Block 1, Mr. Quik Addition, being 705 E. Main Street, City of Allen, Collin County, Texas. SECTION 2. The property described as Lot 2, Block 1, Mr. Quik Addition, being 705 E. Main Street, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION4: 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. SECTION 5: 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 known the affected parts would be held unconstitutional. SECPJON 6: 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 CHY COUNCH,OF THE CITY OFALLEN, TEXAS, ON THE 6TH DAY OF AuGOST . 1998. APPROVED. Stephen Terrell, MAYOR FORM: AlTESC: A Don CWWWff, CnT ATIORNEY J CMC, CITY SECREi'ARY Ordinance No. 1621- 6-98 Page 2