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Home My WebLink AboutO-1005-10-90ORDINANCE NO. 1005-10-90 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 AND SITE PLAN APPROVAL FOR GASOLINE SALES WITH AN AUTO LAUNDRY AND RETAIL STORE AS INCIDENTAL USES, THEREFORE RESTRICTING A 0.592 ACRE TRACT IN THE COTTONWOOD CREEK VILLAGE SHOPPING CENTER ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED AS BEING LOCATED AT 123 NORTH GREENVILLE AVENUE, ALLEN, TEXAS; SUBJECT TO THE STIPULATIONS ATTACHED HEREIN AND EXHIBIT "A" SITE PLAN; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS "SC" SHOPPING CENTER; PROVIDING FOR EXHIBIT "A" SITE PLAN; 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. 1005-10-90 - 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 gasoline sales with an auto laundry and convenience store as incidental uses, therefore restricting a 0.592 acre tract of land in the Cottonwood Creek Shopping Center Addition to the City of Allen, Collin County, Texas, further described as being located at 123 N. Greenville Avenue, to the uses indicated. SECTION 2: That the requirements of the Site Plan as approved herein shall be adhered to in its entirety prior to the issuance of a Certificate of Occupancy. SECTION 3: That the Specific Use Permit will not be activated until the final right-of-way dedication for this property as defined in the attached Exhibit "A" site plan has been accepted by the City to include the right-of-way dedication necessary for improvements to S.H. 5. SECTION 4: That placement and spacing of median cuts will be determined by the City of Allen based upon recommendation and acceptance by the State Highway Department when S.H. 5 is reconstructed. SECTION 5: 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 6: 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 "A" Site Plan. SECTION 7: 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 8: That it appears the above-described property requires that it be Ordinance No. 1005-10-90 - 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 18TH DAY OF OCTOBER . 1990. APPROVED AS TO FORM: -W WINS ex EMlll F APPROVED: Are J946 Farmer, Mayor ATTEST: J M'®rri�n,ity Secretary Ordinance No. 1005-10-90 - Page 3 4,1 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing COUNCIL HEARING-FINA of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on _Sunday _September 30, 1990 --- and which was issued on September 30, 1990 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day ofA.D. 19 %Q V.R. TODD +- MY COMMISSION EXPIRES December 5, 1992 .. ur ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $_ 14 . 6 3 _ CITY OF ALL: --N NOTICE OF PUBLIC HEARING Notice is hereby given thatte Allen City Council will conduct a publG hearing ad their regular meeting to be he'd on Thurs I Council tChambers ober 18, 9of the Allen Mun ciod, Annex, One Butler Circle, Allen, Texas, t consider a request for a Specific Use Per mit and site plan approval for a servic station and auto laundry in conjunction with a convenience store by Fina Oil and Chem ical Comp"y. ,This`fequest is on property out of Cotton- wood Grgek Village Shopping Center Addi4 titin, 'recorded in Cabinet C, Slide 181 0� Collin County Deed Records. ` Anyone wishing to speak either FOR o AGAINST this request is invited to attend this public hearing and voice their opinion For further information, contact the Depart ment of Community Development, City 01 Allen, One Butler Circle, y Allen, Texas, or b telephoning 727-0120. s/Judy Morrison �� , ; ity Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing 1 o -,l 11811111p7a 1 •1 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday October 24, 1990 & Sunday October 28, 1990 and which was issued on October 24, 1990 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. a,/,/,�T SUBSCRIBED AND SWORN to before me this / day of �• 'A.D. 19 70 .�" 4. V.A.TODD MY COMMISSION EXPIRES Dumber 5, 1992 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 47.26 _ — I CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the followingl°f marc Thursday, their regular meeting eld October 18, 1990 (Title and Penalty Clause only) OR DeNof the City CE NO of Allen, OColli County,nanc Texas, Amending Comprehensive Zoning 1-87 of the O'lie', I eln aaseHe etofo e1 Amended so las �o AIncidental pproval Specific rcGasoline Sales with an Auto UsesLa,naTherefore eRelstrriic� g re a 0 592 Acre Tract in the Cottonwood Creek Wlage Shopping Center Addition to the City of Allen, Collin County, Texas, Further De scribed as Being Located at 123 North Greenville Avenue, Allen, Texas, Subject to the Stipulations Attached Herein and Ex= hibit "A", Site Plan, Presently,. , SC" Delineated. linShop- on the Official Zoning Map Shop- ping Center, Providing for Exhibit "A" Site Plan, Providing for a Penalty, Providing for an Effective Date, and Providing for Publi- cation of the Caption That any person, f,rm or corporation violat, ing any of the provisions or terms of this ordinance shall be subject to the same ve penalty as provided for in Comp rehens 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 offeensead or. A Copy of this ordinance may be purchased in the office of the City Secre; tary, City of Allen, One ButlerCin' Texas 75002. ,l/,"�)', rs!Judy Morrison (D -?q-0 ,City Secretary CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR k jqqD ORDINANCE/RESOLUTION DO-/ DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A (numb r) 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.