Loading...
HomeMy WebLinkAboutO-1009-11-90ORDINANCE NO. 1009-11-90 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 24,693 SQUARE FOOT TRACT OF LAND LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED AS BEING LOCATED AT 301 S. FEDERAL, ALLEN, TEXAS; SUBJECT TO THE STIPULATIONS ATTACHED HEREIN AND EXHIBIT "A" SITE PLAN; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS "CBD" CENTRAL BUSINESS DISTRICT; 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. 1009-11-90 - 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 24,693 square foot tract of land in the William Perrin Survey, Abstract No. 708, Collin County, Texas, further described as being located at 301 S. Federal, 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 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 "A" 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Ordinance No. 1009-11-90 - Page 2 ALLEN, TEXAS, ON THE 1ST DAY OF NOVEMBER . 1990. APPROVED: G -We--Farmer, Mayor ATTEST: I J y Mo ison, ity Secretary APPROVED AS TO FORM: A. Don Cro der, City -A-rfZrmey Ordinance No. - Page 3 I 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 PUBLIC HEARING--FINA of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday, October 14, 1990 and which was issued on October 14 , 1990 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said DuWication is attached hereto. SUBSCRIBED AND SWORN to before me this A3 day of /W ,A.D. 19 90 EE V. TA. ODDY CUMMISSiON E%FIRESD9CSMber 5,1982 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 14 . 6 3_ ____ eqW -- CITIY OF ALLEN NOTICE OF P`UBLih H he AIN City Notice is hereby g public Alien ng at Council will conduct a be held on Thurs= their regular meeting P.M. Th the day, November 1, 1990, at 7.30 Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, TexasUse Pe, to consider a request for a Sp mit and site plan approval for a service station and auto laundry in conjunction with a convenience store by Fina Oil and Chema' ical Company• erty out of William This request is on pr( P located at Perrin Survey, Abstract No. 708, the southeast corner of US 75 and McDer� Mott Drive (FM 217 speak either FOR 01iAnyone wishing request is invited to attend AGAINST this req this public hearing and voice their opinion, For further information, contact the ep o� mer of Community Develop Texas, or by Allen, One Butler Circle, Allen, telephoning 727-0120. s/Judy Morrison �� City 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 ORDINANCE #1009-11-90 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday November 7. 1990 & Sunday Novemhpr 11.x_1990 and which was issued on November 72 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 of A.D. 19 90 V.A. TODD � MY COMMISSION EXPIRES �• ,�� Oftember 5, 1992 -- NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 7 . 2 6 __ CITY OF ALLEN t t PUBLIC e NOTIthat CE Allen City Notice is hereby g Council adopted the their regular meet ng held following ordinance nThursday, November 1 1990 (Title and Penalty Clause only). ORDINANCE NO. 1009-11-90: An Ordi- nance of'the City of Allen, Colli i11CZon ng Texas, Amending Comp Ordinance No. 829-11-87,'Of; city oo Allen, as Heretofore Amendedsoa ; Attach a Specific Use Permit And Site Plan Approval for Gasoline Salds with an Auto Laundry and Retail Store' as Incidental iUses, Therefore Restricting a 24,693 Square Foot Tract of Land Located din 08 William Perrin Survey, Abstract, Collin County, Texas, Further Described as Being Located at 301 S. Federal, Allen, Texas; Spbject to the Stipulations At, tached Herein and Exhibit "A'. Site Plan; Presently Delineated on the official Zoning Map as 'CBD" Central Business District; Providing for Exhibit "A" Site Plan; Provid- for an IDatfe;rand ePaovydP rovidgive s Publ Publication oft forthe Caption. That any person, firm or corporation violat, ing any of the pr&jsions or'terms of this ordinance shall be subject to the same penalty as provided for in Comp h Zoning Ordinance No 82943'8W'Of' the ICity of Allen) as heretofore amepd6d, and upon conviction shall be punished by a fine not to exceed the sum of One .Thousand Dollars ($1,000.00) for each offe read or. A Copy of this ordinance may purchased in the office of the City Secre= tary, City of Allen, One Butler Circle, Allen,- Texas llen;Texas 75002. is!Judy Morrison City Secretary s CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR VV ORDINANCE/RESOLUTION (00q 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.