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Home My WebLink AboutO-216-6-77ti Y CITY OF ALLEN, TEXAS, ORDINANCE NO. 216 AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN ACCORDANCE WITH SECTION D OF ORDINANCE NO. 129; PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE PROPERTY DESCRIBED AS 0.9965 ACRES IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977 BE ISSUED A SPECIAL EXCEPTION PERMIT FOR THE OPERATION OF A DAY CARE CENTER; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, a request having been made to the Planning and Zoning Commission of the City of Allen, Texas, for a special U exception permit for the operation of a day care center in a district zoned LR (Local Retail); and WHEREAS, said request is in accordance with the permissible special exceptions authorized in Section D of Ordinance 129 and all notices required by said Ordinance and by law having been in all respects complied with; and, WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen, Texas, having considered all operating data and expert evaluation requested by the same and being of the opinion that said special exception will be advantageous and beneficial to the City of Allen, Texas, and its inhabitants; and, WHEREAS, the City Council of the City of Allen, Texas, having considered -all opposition to the issuance of said special exception permit and the vote in favor of the same being in compliance with the laws and statutes of the State of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL -OF THE CITY OF ALLEN, TEXAS: f z �• . k ,z ' t Y SECTION 1: That the following described property shall be issued a special exception permit, which property is located in the City of Allen, Texas, and is presently zoned LR (Local Retail), to -wit: SITUATED in Collin County, Texas, out of the David Wetsel Survey, Abstract No. 977, and being a part of a 18.5065 acre tract of land conveyed to Henry H. Dickerson, Jr., Trustee, as recorded in Volume 1016, Page 843 of the Collin County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner in the South line of F.M. Highway No. 2170, said corner being the Northeast corner of the said 18.5065 acre tract, same being the Northwest corner of a 0.4935 acre tract recorded in the name of Roger Chaney in Volume 1022," Page 608 of the Collin County Deed Records; THENCE SOUTH 0 degrees 33 minutes 40 seconds West 215.00 feet along the West line of the said Chaney tract to a point for corner; THENCE NORTH 89 degrees 25 minutes 04 seconds West 201.90 feet to a point for corner; THENCE NORTH 0 degrees 33 minutes 40 seconds East 215.00 feet to a point for corner in the South line of F. M. Highway No. 2170; THENCE SOUTH 89 degrees 25 minutes 04 seconds East 201.90 feet to the PLACE OF BEGINNING; and, CONTAINING 0.9965 acres of land. SECTION 2: That said special exception permit shall authorize the persons occupying the said property to conduct a day care center in accordance with the authorized special exceptions contained in Section D of Zoning Ordinance 129 SECTION 3: That said special exception permit shall be and is hereby issued to permit the operation of a day care center. SECTION 4: That said special exception permit shall remain in force and effect only so long as all requirements of the State of Texas and the City of Allen, Texas, regarding the operation, licensing and inspection of such day care centers shall be complied with. SECTION 5• That it shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful . W. for any person, firm or corporation to conduct any operation or business other than that of a day care center. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined any sum not exceeding $200.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: That should any part or portion of this Ordinance, or of the use created herein affecting the aforementioned property, be declared unconstitutional or invalid by a Court of competent jurisdiction, it is expressly provided that any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. SECTION 8: The caption of this Ordinance shall be published one time in a weekly newspaper published in the City of Allen, Texas, and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this the 1_ day of June 1977. F nk Dugger ity of Allen, Texas CORRECTLY RECORDED: itft cretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on /,5P 7-7 , by ✓2 �c�./ � G �t� /�C� of Collin County, Texas. printed copy of said publication is attached hereto. if SUBSCRIBED AND SWORN to before me this IV Publisher's Fee $ /OG S/ _e-�. (S� F w }}:•}:ti{{��R'�"':•:•:ti4•.'•:':•:L-•.-•:':::iti:6ti:•:1:•:•:':•::':•:'f:`:'r'i7:•:':':':•:':':•:':•:':ti•::❖:•:•:':5S•: i-:i'1t:•:'.❖:':1iL'Y: Public Notice. +vv�:svtir:•:,atv.�'..�rfrx'.r:•x:to-t .�-t crfcr:�e,..�s:•:�::•--:.-'c'.:•:❖:.•:-•r:•..........•:K,:•aa.tK•.• CITY OF ALLEN, TEXAS ORDINANCE No. 216 point for corner in the South line of F. M. R Highway No. 2170; __ -- = r THENCE , SOUTH -89 -degrees 25 ,.AN ORDINANCE AUTHORIZING A minutes 04 seconds East 201.90 feet.to SPECIAL EXCEPTION PERMIT -IN the PLACE OF BEGINNING; and ACCORDANCE WITH' SECTION D CONTAINING 0.9965'acres of land. OF ORDINANCE No. 129; PROVID= s SEC 'That ING FOR.THE ISSUANCE OF THE STION 2: said special SAME;- PROVIDING -THAT THE exception" permit, shall authorize the PROPER_ TY DESCRIBED AS '0.9965 �IN persons occupying the-siid property to ACRES THE DAVID WETSEL , conduct a day care' center in accordance SURVEY, 'ABSTRACT - No. -977Be with the authorized •special exceptions issued a special ezception'perrriit for the contained in Section DS ofd Zoning operation of a day care center; PROVID- Ordinance 129. ING FOR A r PENALTY FOR "A 1. ` ' ti2 VIOLATION'OF THIS ORDINANCE; SECTION -3:, That tsaid :special PROVIDING•'FOR'AN EFFECTIVE exception permit shall ,be and'is hereby DATE'OF. THIS'ORDINANCE; AND issued to permit e o thperation of a day PROVIDING: -FOR THE PUBLICA- -HEREOF., care center. TION OF THE CAPTION SEC _ WHEREAS, a request having been TION -4:- That said special exception permit shall remain in force made to 'the PlantiffiC. and_ Zoning and effect only. so -long, as all require_ Commission of the City of Allen, Texas, menta of the State of Texas and the City for a special exception permit for the of Allen, Texas, regarding the operation, operation of a day care' center in district licensing and inspection of such day care zoned LR (Local Retail); and centers shall be complied with. , WHEREAS, said request -is in accordance with the permissible special SECTION.6:,That it shall be unlawful exceptions authorized in SectionrD of for any person, firm or corporation to ;Ordinance 129 -and all notices required make use of said premises in some • by said Ordinance `and by law having manner other than As authorized by this been in all respects complied with; and, Ordinance, and -it, shall,be unlawful for WHEREAS, the Planning and Zoning any. Person, firm or corporation to Commission and the City Council of the conduct any operation or business other City of Allen, Texas, having considered than that of a day care, center. all operating data and expertevaluation + _requested by the same and being of the SECTION 6: Any person,. firm or opinion that said special exception will corporation who violates any provision be advantageous and beneficial to the of this Ordinance shall be deemed guilty City' of Allen, "Teicas,- .and its inhabi. of a misdemeanor, and,upon conviction tants; and, ` t' ' r therefor, shall be fined any l sum not WHEREAS, the City Council of the exceeding $200.00, and each -'and every City of Allen, Texas,•having considered day that such violation continues shall all opposition: to the issuance of said be cwn'sidered a separate offense; provid- special exception permit and the vote in ed, however, that such penal provision i favor of the..same being in compliance shall not preclude a. suit to enjoin such [ with the laws and statutes -of the State of violation. Texas; — ! NOW; -THEREFORE, BE IT.OR-• + f ; SECTION -7: That should any part or DAINED BY THE COUNCIL OF THE Portion of this Ordinance, or of the use CITYOF•ALLEN; -TEXAS: z �' ( created herein affecting the aforemen- 'tioned • � � • . property, be declared unconstitu- r SECTION 1: That the following tional or invalid by a Court of competent described property shall be issued a jurisdiction, it is expressly provided that special exception permit, which property any and all remaining portions and those is located in the City of Allen, Texas, Providing for within this Ordinance shall • and is presently zoned LR (Local Retail), remain m full, force and effect. to -wit: SITUATED in Collin -County; Texas, r ; SECTION, 8: The caption of this t outof the David Wetsel Survey, ' Ordinance shall be published one time in' Abstract No. 977, and being a part of the a weekly newspaper published in the 18.5065 acre 'tract of land conveyed to Henry''H. City , of, Allen, _,Texas,, and shall be' effective immediately'upori Dickerson Jr.,+Trdstee, as ies"passage + recorded in Volume 1016, Page 843 of the and such publication. Collin County Deed Records, and being PASSED AND APPROVED BY THE more particularly described as follows: CITY COUNCIL OF THE CITY OF + BEGINNING.at a point for corner in ALLEN, TEXAS, on this the 16 day of the South line'of F.M. Highway No. June, 1977 2170, said corner being in the Northwest r r + -s- Frank Dugger corner of a 0.4935 acre tract recorded in City of Allen, Texas the name of Roger Chaney in Volume ' a 1022, : Page 608 of the Collin County Correctly Recorded: Deed `Records: ' Juanelle Cooksey THENCE SOUTH 0 degrees 33 City Secretary minutes 40 se' as Wgat 215.00 feet '66 f/i — --= t1'n_LVost_lirica oft w' Q12,1;4/til:'o,. o. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve __ months prior to publishing 97 7 of which the attached is a true and writterf'copy, and which was published in THE ALLEN AMERICAN on and which was issued on 7 /,� 7 , by Gl/Q�C�CGr/ U✓�/�LC�/ of Collin County, Texas. A irrinted copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this —/ ' o-� Publisher's Fee $ da o —,I UST , A.D. 19� . ary Public in and for Collin County, Texas • r NQ -T. !J PUBLIC HEARING _i The City Council will conduct a Public Hearing; June.16;-1977 at 7:30 p.m:, to corisiddr 'a Special Exception, request, from, -Joe Mc- Cauley to allow the , bperation of a Day School in a Local Retail '-i Zone. Property is a. one -acre tract of land located in the }David y , Wetsel * Survey, abstract ''No. 977. �{ Anyone wishing to' s'p'eak or� { against tliis " request should be pres6et_ t this time. Hearing will be held in the Municipal Build - r Ing. F- 7 FYI u O, _-s-Walter Curtis Plan'Administrator