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HomeMy WebLinkAboutO-590-3-85ORDINANCE NO. 590-3-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ATTACH A SPECIFIC USE PERMIT FOR THE ACCESSORY USE OF "GASOLINE SALES" THEREFORE RESTRICTING 0.7166 ACRES, BEING PART OF LOT 2, TRACT 1, ALLENTOWN CENTER ADDITION, IN THE PETER WETZEL SURVEY, ABSTRACT NO. 990, AND THE DAVID WETZEL SURVEY, ABSTRACT NO. 977, OF THE COLLIN COUNTY DEED RECORDS, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS SHOPPING CENTER (SC); PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. 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 WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, have held due hearings and afforded a 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that the Comprehensive Zoning Ordinance No. 366-10-81 should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following -described tract of land the following zoning classification, to -wit: Ordinance No. 590-3-85 - Page 1 That the area be and the same is hereby approved for zoning purposes, a specific use permit for the accessory use of "gasoline sales". Area to be officially delineated on the Official Zoning Map as "S" Shopping Center (SC), and further described as 0.7166 acres, being part of Lot 2, Tract 1, Allentown Center Addition in the Peter Wetzel Survey, Abstract No. 990, and the David Wetzel Survey, Abstract No. 977, of the Collin County Deed Records, and further described as 0.7166 acres, being part of Lot 2, Tract 1, Allentown Center Addition located at the Northeast corner of the intersection of F.M. 2170 and Highway 5. Section 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. Section 3. That the above-described tracts of land shall be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and as amended herein by granting of this zoning classification. Section 4. 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 the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. Section 5. That is appears the above-described property requires that it be given the above zoning classification in order to permit its proper development and, in order to protect the public interest, comfort, and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin County, Texas, this 7th day of MARCH , 1985. Ordinance No. 5 9 0- 3- 8 5 - Page 2 APPROVED: ; �� ..Il�'f'v 1 onald P. lCo-d-enbaugh, Mayor , 4% ATTEST: Marty Hendrix, C5ty Secretary APPROVED AS TO FORM: —a!I A. D , ity Attorn y Ordinance No. 590-3-85 - Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN i Charles r F. BEFORE ME, the undersigned authority, on this day personally appeared 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 Ordinance Gk's 590-3-85, 591-3-85, 592-3-85 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 11, & 14, 1985 and which was issued on 3/11/85 by City of Allen of Collin County, Texas. A printed copy of said publication is att hher T/y / C6 44,y SUBSCRIBED AND SWORN to before me this /(2 day of 2DJLJ , A.D. 19 C915 . A Publisher's Fee $ 115.2 0 f\ �`bPTY OF ALLEN PUBLIC \ NOTICE Notice is hereby given that the Allen City Coun- cil adopted the following ordinances in their regular session held , on Thursday, March 7, 1985. (Titles and Penalty Cruses only.) Ordinance . ,r No. 590.3.85: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding- the Comprehensive Zoning Ordinance No. 366.10-81 of the City of Allen, as- Heretofore Amended, so as to At- tach a Specific Use Per- mit for -the Accessory Use of "Gasoline' Sales" Therefore Restricting 0.7166 Acres, Being Part of Lot^2, Tract 1, Allen- town Center Addition, in the,Peter Wetzel survey, Abstract No. 990, and the David Wetzel Survey, Abstract No. 977, of the Collin, County Deed Records,; Presently Delineated on the Of- ficial Zoning Map as Shopping Center - (SC); Providing for a Penalty; Providing for an Effec- tive•.Date; and Providing for Publication of the Caption. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same.penalty.as provid- ed for in the Comprehen- sive Zoning Ordinance No. 366-10.81 of the City of -Allen, -as heretofore amended, and upon con- viction shall be punished by a fine not to exceed the sum of One Thou- sand' Dollars ($1,000.00) for each offense. Ordinance No. 591.3.85: An.Ordinance of the City of Allen, Col- lin County, Texas Repealing 'Ordinances No._ 290, 322, and 519-6-84 of the City of l Allen, Texas;- and Amen- ding Section I of Or-' dinance No., 48 of the Ci- ty of AIIen, jexas, by Adopting: The 1982 Edi-, tion of the- Uniform' Building Code Including' Future Amendments; the 1984 Edition -of the Na- tional Electrical Code,in- cluding Future Amend- ments; the 1982 Edition of the Uniform, Mechanical Code In-' eluding Future•eAmend- ments; and the' 1982 Uniform • Plumbing Code Including Future Amend- ments Thereto. Further Amending Ordinance No. 48 of -theO"City of Allen, Tex as,. -By -Chang - Ing Certain Language Contained in Sections IV(a), IV(b), VII(b), and VIII Thereof;' and Further Amending Ordinance No. .48 of the City of Allen, Texas, By Adop- ting a Fee Schedule for Repairs, Construction and Removal of Struc- tures Under Section VIII(b) Thereof, and Fur- ther Amending the 1982 Edition of the Uniform Building Code Sections 3202, 2516, 3208 and 2802, Providing for a Special Assessment for the Cost of Removal of Unsafe Buildings, Pro- viding a Severability Clause, :Providing . a Penalty for a Violation of This Ordinance, Pro- viding for Readoption, Providing for the Publication of the Cap- tion Hereof, and Pro- viding for an),Effective Date: Any person, parties in Notary Pub i in and for Collin County, Texas interest, or corporation who shall -'violate any ,of the provisions of this or- dinance or fail to comply therewith or with any of [the requirements thereofi shall be =subject to -pro- secution, and uponrcon- viction`shall be punished ,by -a_fine of not more than OneThousand DoIIarsl($1,000.00) and each,day that such -viola- -tion shall be permittedlo exist or coi�ti ue `shall r' cons titti�e'a'se�ate-of- fense.' In the event a cor- poration is the 3iolator of any of•thelprovisions of ahis:ordinance,_each of- ficer,-4agent, and employee sof, such cor- poraiion-whp lis respon- sible fol oil oontributes to'such violation in any manner, shall ^ be'in- dividually d severally liatire for t e, penalties herein presblibed. Where any 1person is acting -solely as agent for the pa�j�lo—ownership, no penlrftie's 0nder this sec tion shall76e assessed a§ain§tMsd6h agent as 'such. ,Ordinan'ce No., 592.3.85:4An, Ordinance. of the'City of Allen, Col- llin'County,•Texas, Amen- ding 'Section I of 'Or- dinance No. 520-6-84, By Adopting the 1984 Edi- tion of the National Elec- trical Code of the Na- tional Fire -Protection Assbciation and' Future _ Amendments Thereto. Further-, Amending the Allen Electrical Code Described in Exhibit "A-1" and Attached to and Made a Part'of City of'Allen -Ordinance No. Mie Nc Amending,City of -Allen Ordinance No. 317 as Heretofore Amended; Providing for Readop- tion'! Providing'for the Publication of the Cap- tion Hereof, and Pro. viding for an Effective Date- _ Any person, parties in 'inter'est, or icorporation who shall violate any of the provision of this or- dinance or fail to comply therewith'or with any'of the- requirements thereof,'shall be subject to,prosecution, and upon conviction shall_,%be punished by fine of not more than $1,000.00, -and each day that such viola- tion shall be permitted to exist: or continue shall constitute a separate of- fense: ' - 'r Copies -of these • or- dinances may be read or purchased -in 'the -office of the City, Secretary, Allen Municipal Annex, One Butler Circle; Allen, Texas. .Marty Hendrix City Secretary (Published in the Allen American on I Monday, March 11, ' 1985- and Thursday, March 14, 1985.) F ALLEN LIC NOTICE otice is, hereby given that the Allen City Coun- cil adopted the following ordinances in their ,regular session held on Thursday,, March 7, 1985. (Titles and ' Penalty Clauses only.) - Ordinance No. 1590.3.85: An Ordinance of the City of Allen, Col- lin County; Texas; Amen- ding the Comprehensive Zoning Ordinance' No. 366-10-81 of the City of Allen, as Heretofore Amended„ so as to At - .tach a Specific Use Per- mit 'foi 'the Accessory Use of "Gasoline Sales" Therefore Re§fritting 0.7166 Acre's, Being Part of Lot 2, Tract 1, Allen- town Center Addition, in the Peter Wetzel survey, N Abstract o. 990, and the David Wetzel Survey, Abstract No. 977, of the Collin County Deed Records, Presently Delineated on the:Of- ficial r Zoning Map as Shopping Centerl. (SC); Providirrg for a Penalty; Providing for an Effec- tive Date; -and Providing for _Publication of the Caption.`- . That any person firm or corporation ,violating any of the provigioris or ter- s of.,this 'ordinance shall b67s1bje9t 'td' the ~'same' penalty as provid- ed for:ih the Comprehen- sive`'2oning Ordinance . No: 366.10-81 of the City of Allen, as heretofore oamended, and upon con- viction shall be punished by a, fine not to exceed fhe'sum of, 06e Thou- sand Dollars ($1,000.00) for each'ofiense' Ordinance No. 591.3.85: An- Ordinance of the City of AIIen,;Col- lin County, Texas ~Repealing Ordinances No. 290, 322, and 519-6.84 of the City of Allen, Texas; and Amen- ding Section' I of Or- dinance No., 48 of the Ci- ty of Allen, Texas, by '.Adopting: The.1982. Edi- tion' of- the Uniform Building' Code Including Future Amendments; the 1984 Edition of (the* Na- tional'Electrical Code In- cluding Future Amend- ments; the 1982 Edition of ' the Uniform Mechanical Code >- cluding Future. Amend- ments;, and the ' 1982 Uniform Plumbing Code Including Future Amend- ments Thereto. Fuither Amending Ordinance N'&. 48' of the . City of Allen,, Texas; By,Chang- ing , Certain Language -Contained in Sections IV(a), IV(b), VII(b), and VIII Thereof; and Further Amending Ordinance No. 48, of the City of Allen, Texas, By Adop- ting a Fee Schedule for Repairs, Construction and Removal of Struc- tures Under Section VIII(b) Thereof,'and Fur- ther Amending the 1982 Edition of the Uniform Building Code Sections 3202, 2516, 3208 and 2802, Providing for a Special Assessment for the Cost of Removal of Unsafe Buildings, Pro- viding a Severability Clause, Providing a Penalty for a Violation of This ' Ordinance, Pro- viding ' for. Readoption, Providing ''for the Publicatio%of the Cap- tion Hereof, 'and Pro- viding for an Effective interest, or corporation who shall violate any of the provisions of this or- dinance or fail to comply therewith or with any of the requirements thereof shall be subject to pro- secution, and upon con- viction shall be punished by a fine of not more' than One Thousand' Dollars ($1,000.00) and each day that such vioia- tion shall be permitted to exist or continue, shall constitute a separate of- fense. 16 the event a cor- poration is the violator of any of the provlsions of this ordinance, each of- ficer, agent, and employee of such cor- poration who is respon- sible for or contributes to such violation in any manner, shall be- in- dividually and'severally liable for the penalties herein prescribed. Where any person is acting solely as agent for the party in ownership, no penalties under this sec- tion shall be assessed against succi agent as such. Ordinance No. 592.3.85: An 'Ordinance of the City cf Allen, Col- lin County, Texas, Amen- ding Section I of Or- dinance No.'520.6.84, By Adopting the '1984 Edi- tion of the National Elec- trical Code of ,the .Na- tional "Fire Protection Association and Future Amendments Thereto. Further Amending the Allen ' Electrical Code Described, in Exhibit 'A-1'1 and Attached- to and Made a Part of City Df Aflen Ordinance 'No. 520484, and Further ~mending City of Allen Drdinarlce No. 317 as 1eretofore Amended; 3roviding for Readop- tion, PFOviding for fhe ;Publication .o`f the Cap- tion , Hereof,oland, Pro- viding for an Effective Date. , Any person, padres in interest, or, corporation who shall violate any of, the provision of this or- dinance or fail to comply therewith or with any of the` requirements thereof,'shall be subject to prosecution, and upon conviction shall ' be punished by fine of not more than $1,000.00, and each day that such viola- tion shall be permitted to exist or continue shall constitute a separate of- fense. Copies, of these~ or- dinances rnay`•be read or purchased in the office of the' City- Secretary,, Allen Municipal 'Annex,, One Butler Circle; Allen, Texas. Marty'Hendrix City Secretary (Published in the Allen American � on Monday, March 11, 1985' and Thursday; March 14, AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Bernard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared , 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 Notice of Public Hearing - Southland Corp. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on FPhrtiary 18, 1985 and which was issued on 2/18/85 by City of Allen of Collin County, Texas. A printed copy of said publication is pAtachedhpreto SUBSCRIBED AND SWORN to before me this day of C� - , A.D. 19 . t = d� No Public in and for Collin County, Texas Publisher's Fee � �Sl texas, a.public hearing_ to consider a request.for a Specific Use Permit by the Southland Corpora- tion. The,—request 'for a Specific Use Permit would- allow for the operation",of gasoline ,sales as'an accessory use to a convenience store., This request Is on a 4.7116 acre tract of land'out of the" Peter Wetzel�Abstract No. 990, being Lot 2 of the Triangle Shopping TYOF`ALLEN Center, Phase,,One,, �i located.,at the northeast NOTICE OF corner'of F.M. 21.70 and PUBLIC -HEARING Slate Highway 5. 'if Notice Is hereby given Anyone: Wishing- to that the Allen City Coun-,Jispeak, }either, FOR or cil will conduct at their"AGAINST this request is regular meeting on-tinvitedk to attend this Thufsday, March 7, 585, "public'hearirig'anit voice at 7:30 p.m., in the Coun= I. their opinion. - r '-V cil'Chambers of the Allen If further Information Municipal Annex, One Is needed, call the Allen Butler Circle, Allen, Municipal Annex, 6 qU -3-SSS Department of Com- rriunity Development, -at 727.9171 or 424.7518 (metro). - �"•'''" Marty Hendrix 4 City Secretary (Published in the Allen American on Monday, February 18, 1985.)