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Ck..k.• Approved 1•.w• •11..1 N..b.r Of ORDINANCE NO. 826-11-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN AS HERETOFORE AMENDED SO AS TO ATTACH A SPECIFIC USE PERMIT FOR A TIRES, BATTERIES, AND ACCESSORIES/AUTO REPAIR FACILITY, THEREFORE RESTRICTING TRACT 2 OF A TRACT OF LAND LOCATED IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING 2.5480 ACRES IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977 AND THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, RECORDED IN VOLUME 585, PAGE 116, AND VOLUME 591, PAGE 159, OF THE COLLIN COUNTY DEED RECORDS, SUBJECT TO THE APPROVAL OF FLOOD PLAIN ENGINEERING; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS CENTRAL BUSINESS DISTRICT; PROVIDING FOR A CONCEPTUAL SITE PLAN AND FINAL SITE PLAN APPROVAL; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the Planning and Zoning Commission 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 No. 366-10-81 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 Ordinance No. 826-11-87 - Page 1 land the following zoning classification, to -wit: That the area be and the same is hereby approved for zoning purposes, a specific use permit and a conceptual site plan for a tires, batteries, and accessories/auto repair facility, therefore restricting Tract 2 of a tract of land located in the City of Allen, Collin County, Texas, being 2.5480 acres in the David Wetsel Survey, Abstract No. 877 and the William Perrin Survey, Abstract No. 708, recorded in Volume 585, Page 116, and Volume 591, Page 159, of the Collin County Deed Records, presently delineated on the Official Zoning Map as Central Business District; and providing for a final site plan. SECTION 2. That prior to the development on the subject property, a detailed flood plain study must be completed and approved by City staff. A determination will be made as to the amount of buildable area to be allowed in accordance with the City of Allen flood plain standards. SECTION 3. That prior to the development on the subject property and after the engineering and detailed flood plain study are completed, a final site plan must be submitted to the Allen City Council for approval. SECTION 4. 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 5. That the above-described tract 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 the approval of the attachment of Exhibit "A" as the conceptual site plan. SECTION 6. 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 7. That it appears the above-described property requires that it be Ordinance No. 826-11-87 - Page 2 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, TEXAS, ON THE 5TH DAY OF NOVEMBER, 1987. APPROVED: ATTEST: Marty Hendrix, CW, City Secretary VED AS TO FORM: , City"rttorney Ordinance No. 826-11-87 - Page 3 AFFIDAVIT AND ,PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE NVEDGEWORTH, who having Bern by me duly s\� orn, on oath deposes and saes: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less frequently than once a meek, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Notice of Public Hearing—Specific Use Permit—Firestone of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on October 7 1987 by the Citv of len _ of Collin County, Texas. A printed copy of said publication is attar (I er o. /// /j6_/V4,01n/1 SUBSCRIBED AND SWORN to before me this 18th duty of November A.D. 19 87 Notary Pu1 in and for Collin County, Texas Publisher's fee S 1 1 , 70 NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City ,ouncil will conduct a public hearing on! rhursday, November 5,1987, at 7:30 p.m.,� n the Council -Chambers of the Allen Municipal Annex, One Butler Circle, Allen, rexas, to consider a request for a Specific Jse Permit and Site Plan Approval for a!' ires, batteries and accessories/auto repair acility on the behalf of Firestone, Inc.,. as} equested by The Meara Company. This request is on a 21.548 acre tract of and out of the David- Wetsel Survey' kbstract No. 977, and the William Perriri Survey, Abstract No. 708, located at the southwest corner of F.M. 2170 and State iighway 5, currently zoned "CBD" Central 3usiness District. I Anyone wishing to speak either FOR or, kGAINST this request is invited to attend his public hearing and voice their opinion! For further information contact the )epartment of Community Development! 'ity of Allen, at 727-9171 or 424-7518 metro). Marty Hendrix, CMC1, CITY SECRETARY] TO BE PUBLISHED IN THE ALLEN'i kMERICAN ON WEDNESDAY, OCTOB- .R,7,y1987) rwtice CITY OF ALLENN01ICE OF PUBLIC HEARING is hereby'given that the Allen City Council will conduct a public hearing on tThursday, November 5, 1987, at 7:30 p.m.,j in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for a Specific' ,Use Permit and Site Plan Approval for a) tires, batteries and accessories/auto repair facility on the behalf of Firestone, Inc., as requested by The _Me_ ara Company. This request is ori a 2.548 acre tract'of land out of the David Wetsel Survey, Abstract No. 977, and the William Perrin Survey, Abstract No. 708, located,at the' southwest corner of F.M. 2170 and Statel Highway 5, currently zoned "CBD" Central Business District. Anyone wishing to speak either FOR or, AGAINST this request is invited to attend this public hearing and voice their opinion I JFor further information contact the �Department of Community Development City of Allen, at 727-91711or 424-7518 (metro). Marty Hendrix, CMC CITY SECRETARYi BE PUBLISHED IN THE ALLEf 11CAN ON SUNDAY. OCTOBER 11