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HomeMy WebLinkAboutO-959-12-89ORDINANCE NO. 959-12-89 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ATTACH A SPECIFIC USE PERMIT FOR A TIRES, BATTERIES, ACCESSORIES AND AUTO REPAIR FACILITY WITH SITE PLAN APPROVAL, THEREFORE RESTRICTING A PORTION OF PLANNED DEVELOPMENT -SHOPPING CENTER NO. 4, FURTHER DESCRIBED AS 805 S. GREENVILLE, ALLEN, COLLIN COUNTY, TEXAS; SUBJECT TO THE STIPULATIONS ATTACHED HEREIN AND EXHIBIT "F" SITE PLAN; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT -SHOPPING CENTER NO. 4 (PD -SC 4); PROVIDING FOR 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 Comprehensive Zoning Ordinance No. 829-11-87 should be amended because the requested use is compatible to adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by Ordinance No. 959-12-89 - Page 1 amending the Zoning Map of the City of Allen to give the following -described tract of 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 site plan approval for a tires, batteries, accessories and auto repair facility, therefore restricting the property known as 805 S. Greenville, City of Allen, Collin County, Texas, to the uses indicated. SECTION 2: That the requirements of the Site Plan as approved herein shall also include a provision for the screening of air-conditioning equipment and shall be adhered to in its entirety prior to the issuance of a Certificate of Occupancy. SECTION 3: That all ordinances of the City of Allen in conflict with the provisions of this ordinance 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 4: That the above-described tract of land shall be used in the manner and for the purposes provided for in the Schedule of Uses of Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and as amended herein by the approval of the attachment of Exhibit "F" Site Plan. SECTION 5: 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. 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 One Thousand Dollars ($1,000.00) for each offense. SECTION 6: That it 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. Ordinance No. 959-12-g9 - Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 7TH DAY OF DECEMBER, 1989. APPROVED: oe Farmer, Mayor ATTEST: �dy­Mori on, City Secretary APPROVED AS -TO FORM: '�� e A. Don , i Attorney Ordinance No. 959-12-89 - Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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, DECEMBER 7, 1989 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 22, 1989 and which was issued on November 22, 1989 ,bvCITY OF ALLEN of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED "4tr; V.A. TODD My COMMISSION EXPIRES 00"MbW 5,1992 Publisher's fee S 12.6 day , A.D. 19 99 otary Public in and for Collin County, Texas CITY OF ALLEN NOTICE OF PUBLIC.HEARING I �Notice'is hereby given that the Allen City �Couhcil will conduct a�public hearing'at ;their regular'meeting to be held on Thurs- day, December 7, 1989, at 7:30 p.m. in the Council Chambers of the Allen Municipal ;Annex, One Butler Circle, AIIenjexas, to !consider.a request for a Specific Use Per- mit for"an auto -tire and repair facility with Site Plan approval or `properly located 400 ,feet- southeast of the corner of S. H. 5 a`nd Bethany Drive in Planned Development - Shopping Center No. 4.,, This request is on property out of the Rufus Sewell Survey, Abstract No. 875, City; of Allen; Collin County, Texas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. For further information; contact the Depart - 'merit of Comm unity. Development, City of Allen, One Butler Circle, Allen, Texas, or by teWphoning-727-0120 or 424-7518, (metro). - s/Judy, Morrison - ,1, ,City,SecretaryW `-i� lr7 AFFIDAVIt AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by me duly sworn, on oath deposes and says: That she 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 #959-12-89 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wed. Dec. 13, 1989 & Sun. Dec. 17, 1989 and which was issued on_ Dec. 13, 1989 ,by City of Allen of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND V.A. TODD My COMMISSION EXPIRES — `"``` Publisher'a fee $ 36.00 " -A: CITY'OF�i4LLEN�' I " """ "PUBLIC' NOTICE :4 Notic!.is h,ereby"'given-ttiat'the Allen b Council adopted'the following oCdlnance at their •rQ-dlarfineetirig'held' do Thursday, "Clause 7 'rf989'-(Title.:A68'Penalty i Clause only): !rI - Z^t, j J ORDINANCE, NO 959-1.2-89• An Ordl- nance'of_the, Clty, oLAllen, �CoIIIn County, Texas,''Amending" Corporehenswe Zoning Ordinance No.t829-11-87.'of'thi ' City of+ Allen has: Heretofore,'Amended;; so as, to ,Attach a Soecific,Use'Permlt.for a;Tires, Facility with Site PIan,Approval, Therefore Restricting'a' Potion of Planned Development- Shopping • Center yNo-4, Further, Described, as• 805 •S.o Greenville, .Allen, Collin Cobrity; Tezas;,Su6ject'tdttTe' ,Stipulations Attached kHerein and;Exhiblt F" Site Plan,.PmibntlyTbelihdated on the' Official' Zb`ni`rig' Mapcas P�lann`ed De`velopirien"t-Shipping Center No. 4 (P, D- SC'4); Fsrovidi(ig for, Site,, Plan Approval;, Providing for; a, Penalty; Providing ,for' an Effective Date,'arid Providing for• Publica- tion of. the Caption.«.�.�......,�-- -. That any person*firm or corporation violat- ing ariy of the`piovisions-or terms,of this `b�dinance�shallrbe'subject'torthe same; ;penalty as provided for'in Comprehensive" !Zoning `Ordihance"W 829=1'1=8T_6f,;the' City of AII'en, as heretofore amended, and [upon conviction shall be punished bj a fine [not to exceed'the•sum oFOne Thousand Dollars ($1;000.00) for,each offense. r< 'A Copy :of,thls•ordinance,may. be read or, p6rchased•in the office of the City-Secret- ary,,City;of Allen,'One Butler -Circle; Allen, ,Tex as• 75002:. t , J.. t) ,, " .'1 n• s/Judy Morrison City Secretary'„,:,V V1:;3I14�`l.r_Z1 , A.D. 19 16) Public in and for Collin County, Texas h CITY OF ALLEN Yr_N " T PUBLIC NOTICE •- �� iNoti6e�is hereby given'that ttie'AllA City ,Council adopted the following ordinance at 'their regular: meeting, heldron Thursday ,December+•7,-;19. 8. 9.(Title ,and Penalty' Clause only): t wl a Vti, • ORDINANCE NO. •959-12=89: 'An`Ordi -+ nance of the"City-of'Allen; Collin Cbunt'y,� Texas, Amending Comprehensive Zoning', `Ordinance No.,ti829-11-87,of theyCityofj Allen, as,l eretofore Amended, so.as to', 'Attach -a Specific Use Permit fora -Tires, Batteries,. Accessories and Auto Repair Facility witti Site Plan Approval,,rThereforel Restricting a Portion oft Planned :Development -Shopping Center • No. 4,j' ,FurthersDescribed`ds 805'9. Greenville, /Allen, Collin County;,TexasrSubject to the.. Stipulations - Attached , Herein and Exhibit "F" Site Plan; Presently Delineated Wthe' Official Zoning Maplis•'Planned' Development-Shopping'Center No: 4 (PD- tSC'4); Providing for, Sit ' PlaA. Approval; ;Providing fora Penalty;�ioviding,for an 'Effective Date; and•Provrdirig for r7 tion. of the Caption. ,That any person; firmror corporation violat-, Ing'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,'a's'Fieretofo�ae'mended, and upon cbnviction shall be punished liq a fine' not to exceed the -'sum of One'Tlieusantl' Dollars, ($1,0'00.00) for each offense. �A Copy of.this ordinance•may`be read or purchased•iri the'offics of the City•Secref- 'ary; City'of Allen, -One Butler Circle,. Allen, Texas 75002.'.- s/Judy 5002.':s/Judy Morrison _^ "ir-TI City SecretaryLl t r_3`_ `t 1. i r" Bei 1 "G s rY d I t 1 e , � (' I ro!+ y 1 w xxEq � 1pp. �� A ZP;r � Y5. +r r • 5 X74 A Y r , rt r f,i w t FH „g A'1 1 P.+I � I ■ 6.� ii el Y I I ,r 1 tk I s L I i r , CD Y YY t LSIN h, y FH Y(. NEW ` + N? + 1 ir} y t G ars 1 t, I 1 r i'•:: 1 l.Ip,�Id Y'i 1 1' I f v ` ! � r 159 ' ) "• ' .' r' 1 t At p 1x„ ' ` b r + II < ry , , U) CD CD I � r I ;LnLLJ I , , r �, f0 d � •.� � LLL 1t1 r a�s 1 Lu - •- .yam,.,.-2�„m._._.... �,..�._ Ja )r,,` I� tj ,.. I 00 O's 1 } '4 x ,cc , .. ...- w I I "'' ' � , 1 G` r I1 j 1Lo I P.+I � I ■ 6.� ii el Y I I ,r 1 tk I s L I i r , CD Y YY t LSIN h, y FH Y(. NEW ` + N? + 1 ir} y t G ars 1 t, I 1 r i'•:: 1 l.Ip,�Id Y'i 1 1' I f v ` ! � r 159 ' ) "• ' .' r' 1 CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR ORDINANCE/RESOLUTION J DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.