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O-1357-9-95ORDINANCE NO. 1357-9-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 459-9-83, PLANNED DEVELOPMENT NO. 13, BY APPROVING A SITE PLAN IN PLANNED DEVELOPMENT NO. 13 (PD NO. 13) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: LAT 1, BLOCK A, FOOD LION SHOPPING CENTER, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "I" SITE PLAN; PROVIDING FOR A STIPULATION; 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. 829-11-87, as previously amended, and Ordinance No. 459-9-83, Planned Development No. 13 (PD -13), should be changed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Ordinance No. 829-11-87, as previously amended, and Ordinance No. 459-9-83, PD -13, of the City of Allen, Texas, be, and the same hereby are, amended by approving a site plan for retail uses in a portion of Planned Development No. 13 (PD No. 13) and providing for a stipulation on the following -described tract of land: Lot 1, Block A, Food Lion Shopping Center, City of Allen, Collin County, Texas. SECTION 2: The property described as Lot 1, Block A of the Food Lion Shopping Center Addition, an Addition to the City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan attached hereto as Exhibit "I" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4: The landscape area shall be automatically irrigated. SECTION 5: 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 6: 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. 829-11-87 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 7: 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. SECTION 8: 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, TEXAS, ON THE 7TH DAY OF SEPTENMER -9 1995. APPROVED: Cc,� Me Farmer, MAYOR APPROVED AS TO FORM: ATTEST: \ i A. Mn Crbwder, CITY ATTORNEYJ Mo n, CMC, CITY SECRETARY Ordinance No. 1357-9-95 Page 2 BUILDING AREA: 8,400 SF PARKING AREA 19,500 SF LANDSCAPE AREA: 7,950 SF PARKING: 47 CARS 0 LANDSCAPING: CREPE MYRTLES ALONG BETHANY DRIVE YAUPON HOLLY ALONG JUPITER ROAD YAUPON HOLLY ALONG DRIVE THRU ROAD BERMUDA SEED IN LANDSCAPED AREAS NOTE, ALL LANDSCAPED AREAS SHALL BE WATERED BY AN AUTOMATIC WATER SPRINKLING SYSTEM. z U U� X o I¢ 00IQ IV - w w CD a O U D O I o DRIVE z Q. THRI. EXISTING FIRE LANE S 89D52'54"E 11110 HmffAu"LN'l��ii�� ` �f` % �� 1..; S� :+t:��7 �i� � ��. � `� ,;esti' •d' DATE APPiMVED* L -G NI"J"' f `Z31 CNMI� �, r �t� COUNCIL �14 A 0 R', AL E rN CITY Ordinance No. 1357-9-95 Exhibit -9- Exhibit l,I�, REVISIONS - 7 -20-95 DRAWN: [SATE: 7-3-95 PROJECT NUMBER: SHEET: OF: AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing 35,405 square feet of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on SAturday August 12, 1995 and which was issued on August 12, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publi tion is attached hereto. SUBS RIBED AN SWORN to before me this day, A.D. 1 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 14 . 6 3 7NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, September 7,1995, at 7:30 p.m. in the V. A. TODD Council Chambers of the Allen Municipal v� Annex, One Butler Circle, Allen, Texas, to ,...,� MY COMMiSSlO!d EXPIRES consider a request to amend Planned De - December 5, 1996 velopment No. 13 by approving a site plan for a video store. This request is on property iescribed as a 35,405 square foot tract of i, nd located in . the Food Lion Shopping Cei or Addition, City of Allen, Collin County, Texas; further described as being located at the south- east corner of Bethany Drive and Jupiter Road. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Cirle, Allen, Texas, or b telephoning 727-0120. /s/ Judy Morrison City Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1357-9-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 13 & September 16, 1995 and which was issued on September 13, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. C, , ",-, SUBS RIBED A S ORN to before me this day A.D. 19 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 0 . 5 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 7, 1995 (Tite and Penalty Clause): Ordinance No. 1357-9-95: An Ordinance -of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 1172-5-93, Planned Develop- ment No. 13, as Previously Amended, Ap- proving a Site Plan in Planned Develop- ment No. 13 (PD No. 13) on the Following -Described Tract of Land: Lot 1, Block A, Food Lion Shopping Center, City of Allen, Collin County; Providing for Exhi- bit "I" Site plan; Providing for a Stipulation; and Providing for a Penalty of Fine not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same pen- alty as provided for in the Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/ Judy Morrison City Secretary CITY OF ALLEN . PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 7, 1995 (Tite and Penalty Clause): Ordinance No.' 1357-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 1172-5-93, Planned Develop- ment No. 13, as Previously Amended, Ap- proving a Site Plan in Planned Develop- ment No. 13 (PD No. 13)'on the Following -Described Tract of Land: Lot 1, Block A, Food Lion Shopping Center, City of Allen, Collin County; Providing for Exhi- bit "I" Site plan; Providing for a Stipulation; and Providing for a Penalty of Fine not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same pen- alty as provided for in the Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- I ary, City of Allen, One Butler Circle, Allen, I Texas 75013. /s/ Judy Morrison City Secretary �_ A. TOO V. fN COWASSIOiV EXPIRES Decomber5.1996 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 7, 1995 (Tite and Penalty Clause): Ordinance No. 1357-9-95: An Ordinance -of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 1172-5-93, Planned Develop- ment No. 13, as Previously Amended, Ap- proving a Site Plan in Planned Develop- ment No. 13 (PD No. 13) on the Following -Described Tract of Land: Lot 1, Block A, Food Lion Shopping Center, City of Allen, Collin County; Providing for Exhi- bit "I" Site plan; Providing for a Stipulation; and Providing for a Penalty of Fine not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same pen- alty as provided for in the Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/ Judy Morrison City Secretary CITY OF ALLEN . PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 7, 1995 (Tite and Penalty Clause): Ordinance No.' 1357-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 1172-5-93, Planned Develop- ment No. 13, as Previously Amended, Ap- proving a Site Plan in Planned Develop- ment No. 13 (PD No. 13)'on the Following -Described Tract of Land: Lot 1, Block A, Food Lion Shopping Center, City of Allen, Collin County; Providing for Exhi- bit "I" Site plan; Providing for a Stipulation; and Providing for a Penalty of Fine not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same pen- alty as provided for in the Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- I ary, City of Allen, One Butler Circle, Allen, I Texas 75013. /s/ Judy Morrison City Secretary �_