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Home My WebLink AboutO-649-10-85ORDINANCE NO. 649-10-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81, OF THE CITY OF ALLEN AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING DESCRIBED TRACT OF LAND FROM "LR" LOCAL RETAIL TO "SC" SHOPPING CENTER, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 3.67 ACRES OF LAND OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708 AND THE R. SEWELL SURVEY, ABSTRACT NO. 875, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $1,000.00 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 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 in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 3.67 acre tract of land out of William Perrin Survey, Abstract No. 708, and the R. Sewell Survey, Abstract No. 875, and duly platted as the Bethany Plaza Addition to the City of Allen, Collin County, Texas, by changing the zoning classification from "LR" Local Retail to "SC" Shopping Center. Ordinance No. 649-10-85 - Page 1 SECTION 2. That 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. That the property shall be used in the manner and for the purposes provided under Section 3.01 (M) "SC" Shopping Center District regulations of the City of Allen Comprehensive Zoning Ordinance No. 366-10-81. 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously 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 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 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 remaining phrase, clause, sentence, paragraph, or section of this ordinance, and the City Council hereby declares that it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 6. That 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 17th DAY OF October 1985. Ordinance No. 649-10-85 - page 2 APPROVED: .. I'm Mayor ATTEST: Marty Hendrix, CitN Secretary APP OVER AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 649 -in -pr,- Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Char es F. Barnard, 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 Public Hearing - Perrin Survey of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 2, 1985 and which was issued on 10-2-85 by City of Allen of Collin County, Texas. A printed copy of said publication is attached her o f SUBSCRIBED AND SWORN to before me this 18th November 85 Publisher's Fee $ V3, Q0 p per NOTICE OF j PUBLIC -HEARING Notice,is•hereby give that the Allen City Coun' cil will conduct a• public hearing at 7:30 p.m. orr, Thursday, October 17; 1985;• in the Council Chambers of the Allen Mupicipal Annex, One Butler CHC.ie, Allen, Texas, to consider a re- quest to change the pre- sent zoning of LR (Local Retailyto SC (Shopping Center) oh 3.67= acres -df land as requested by Bethany Plaza. This request fdr zon- ing change, is', on 3.67 acres of land out of the William Perrin "Srlrvey; Abstract. -No` 708, located at the northeast corner of, the intersec- tion of Bethany Road and State Highway 5,on property ,knbwri as the Bethany PWa Shopping Center. Anyone Wishing tb speak either' FOR o AGAINST this request isi invited to attend this meeting and voice their opinion. If further information is needed, call the Department of Con)'- munity Development at 727-9171 or 424-7518 (Metro). Marty Hendrix, City Secretary (To be published M the Allen American on Wednesday, Oct: 2,"1985) Svzzf day of Notary P is in and for Collin County, Texas LV � � - 10 _C76 1�� s AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Cha , Jr. BEFORE ME, the undersigned authority, on this day personally appeared *bin", 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 - Allen Heights Shopping Center of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 2 1985 and which was issued on 1 n-2-85 , by _ ritV of Al len of Collin County, Texas. A printed copy of said publication is atta;neto., i SUBSCRIBED AND SWORN to before me this 18th day of November , A.D. 19 85 . Notary Pu 'c in and for Collin County, Texas Publisher's Fee $ 13.20 '`CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City -Coun- cil will conduct a public hearing at T-301p.m. on (Thursday, Octobef 17� 1985," in the Council Chambers�*of the Allen Municipal Annex, One Butler' 'Circle, Allen, Texas, to consider a rd - quest to amend Planned Dbvelopment No. 1' to allow- for shopping center uses 'on ,"3.7803 acres of. land' known 'as the Allen heights Villagb Shopping Center. This request fo; a zon- ing amendment to Plann- ed Development No. 1 is on 3.7803 acres of land out ofthe.Peter Fisher Survey, Abstract No. 324, Block 12, Collin County, Texas, located at the nor- thwest corner of the In- tersection of F.M. 2170 and Allen Heights Drive. Anyone wishing to speak either FOR or AGAINST this,request is invited to attend' this meeting and voice their opinion.; - t` For r further informa- tion, call the Department of Community -Develop- ment at 727.9171 or 424-7518 (metro). Marty'Hendrix, City Secretary (To be published In the Allen American on Wednesday, Oct. 2, 1985) Yap -- -- —