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O-1423-5-96ORDINANCE NO. 1423-5-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT FOR AN OFFICEJSHOWROOM WAREHOUSE AND EXPANDING THE EXISTING USE PERMIT FOR AN AUTO LAUNDRY WITH SITE PLAN APPROVAL ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 3.2 ACRES OF LAND LOCATED IN PLANNED DEVELOPMENT -SHOPPING CENTER NO. 4, THE RUFUS SEWELL SURVEY, ABSTRACT 875, TRACT 14, CITY OF ALIEN, COLL IN COUNTY, TEXAS; PROVIDING FOR TERMS AND CONDITIONS; 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 LnIVE 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, should be amended. NOW, I UEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by approving a specific use permit for an office/showroom warehouse and expanding the existing Specific Use Permit for an auto laundry with site plan approval in Planned Development -Shopping Center No. 4 in the Rufus Sewell Survey, Abstract 875, Tract 14, City of Allen, Collin County, Texas. SECTION 2: The property described as 3.2 acres out of the Rufus Sewell Survey, Abstract 875, Tract 14, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The site plan,'attached hereto as Exhibit "G" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 4: The exterior walls of the building will be masonry construction, either brick veneer, architecturally treated concrete block, or tilt wall consistent with adjacent properties. 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 & 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 2ND DAY OF MAY -P 1996. APPRO`IED AS TO FORM: ..........= • `eP JOe Farmer, MAYOR ATTEST: Ju o C, C1TY SECRETARY Ordinance No. 1423-5-96 Page 2 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 3.2 Acre/R Sewell Survev of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 27, 1996 and which was issued on March 27, 1996 by City O f Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. Z'1/" T 2"./ SUBSCRIBED ANW��O�� to before me this129 days, A. D. 19 & NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 20.63 :3{11..�Hh4 V. A, TODD '$ MY 0G..%1MIS5 ON EXPIRES Decembu 5, 1996 CITY OF ALLEN NOTICE 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 Thursday, April 18, 1996, at 7:30 p.m. in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas, to consider a request to expand the area allowed for an auto laundry with gasoline sales as an accesory use, and attach an additional Specific Use Permit for an office showroom/warehouse with site plan approval. This request is on property described as a 3.2 -acre tract of land located in the Rufus Sewell Survey, Abstract No. 875; Tract 14, City of Allen, Collin County, Texas; further described as being located east of SH 5 between Bethany Drive and Hightrall Drive, Anyone wishing to speak either FOR or AGAINST this request Is Invited to attend this public hearing and voles his or her opinion. For further Information, contact the Department of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727.0120. /a/Judy Morrison CIty,Secretery A printed copy of said pubIs attached hereto. /s/Judy Morrison City Secretary (,/� , CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen SUBS RIBED D WORN to before me this City Council adopted the following day A. D. �� ordinance at their regular meeting held on Thursday, May 2, 1996 (Title and Penalty Clause only): Q Ordinance No. 1423-5-96: An ' Or finance o t e-- ty o en, Collin NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87 as Publisher's fee $ 5 7 . 7 6 WC ._•;*= MY comimissis f;Xl<ins :;December 0,1090 ",. Previously Amended, by Approving a Specific Use Permit for an Office/ Showroom Warehouse and Expanding the Existing Specific Use Permit for an Auto Laundry with Site Plan Approval on the Following -Described Tract of Land: 3.2 Acres of Land Located in Planned Development -Shopping Center -No. 4, the Rufus Sewell Survey, Abstract 875, Tract 14, City of Allen, Collin County, Texas; Providing for Terms and Conditions, Pro- viding for a Penalty of a Fine not to Ex- ceed 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 violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Compre- hensive 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' Secretary, 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 AFFIDAVIT AND PROOF OF PUBLICATION ordinance at their regular meeting held on Thursday, May 2, 1996 (Title and Penalty Clause only): Ordinance No. 1423-5-96: An THE STATE OF TEXAS Or mance o t e`-Clty o en, ollin COUNTY OF COLLIN County, Texas, Amending Comprehen- Isive Zoning Ordinance No. 829-11-87 as BEFORE ME, the undersigned authority, on this day personalty Previously Amended, by Approving a appeared DEBBIE TACKETT, who having been by me duly sworn, Specific Use Permit for an Office/ Showroom Warehouse and Expanding on oath deposes and says: the Existing Specific Use Permit for an That she Is the General Manager of THE ALLEN AMERICAN, a Auto Laundry with Site Plan Approval on the Following -Described Tract of Land: newspaper published In COLLIN COUNTY, TEXAS, not less frequently than 3.2 Acres of Land Located in Planned once a week, having a general circulation In said county, and having been Development -Shopping Center -No. 4, the Rufus Sewell Survey, Abstract 875, Tract published regularly and continously for more than twelve (12) months 14, City of Allen, Collin County, Texas; prior to publishing Providing for Terms and Conditions, Pro- viding for a Penalty of a Fine not to Ex- ceed the Sum of Two Thousand Dollars Ordinance #1423-5-96 ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the copy, and which was of which the attached is a true and written co published Effective Date of Said Ordinance. in THE ALLEN AMERICAN on That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the May 8 & May 1 1 1996 same penalty as provided for in Compre- , hensive Zoning Ordinance No. 829-11-87 and which was issued on of the City of Allen, as heretofore amended, and upon conviction shall be May 8 , 19 9 6 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 by City of Allen of COLLIN COUNTY, TEXAS or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen Texas 75013. A printed copy of said pubIs attached hereto. /s/Judy Morrison City Secretary (,/� , CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen SUBS RIBED D WORN to before me this City Council adopted the following day A. D. �� ordinance at their regular meeting held on Thursday, May 2, 1996 (Title and Penalty Clause only): Q Ordinance No. 1423-5-96: An ' Or finance o t e-- ty o en, Collin NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87 as Publisher's fee $ 5 7 . 7 6 WC ._•;*= MY comimissis f;Xl<ins :;December 0,1090 ",. Previously Amended, by Approving a Specific Use Permit for an Office/ Showroom Warehouse and Expanding the Existing Specific Use Permit for an Auto Laundry with Site Plan Approval on the Following -Described Tract of Land: 3.2 Acres of Land Located in Planned Development -Shopping Center -No. 4, the Rufus Sewell Survey, Abstract 875, Tract 14, City of Allen, Collin County, Texas; Providing for Terms and Conditions, Pro- viding for a Penalty of a Fine not to Ex- ceed 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 violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Compre- hensive 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' Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary i( r r. e i � Jy � IF t I: I