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Home My WebLink AboutO-980-5-90ORDINANCE NO. 980-5-90 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS HERETOFORE AMENDED, AND ORDINANCE NO. 924-5-89 OF THE CITY OF ALLEN SO AS TO AMEND THE SPECIFIC USE PERMIT AND SITE PLAN FOR A PLANT NURSERY BY EXPANDING THE SPECIFIC USE PERMIT TO INCLUDE AN ADDITIONAL 11"ACRE, WHICH RESTRICTS THE SOUTHERN PORTION OF TRACT 8, ABSTRACT 990, PETER WETSEL SURVEY, OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED AS 811 E. MAIN STREET, ALLEN, TEXAS; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT -SHOPPING CENTER (PD -SC) NO. 5; PROVIDING FOR EXHIBIT "P" SITE PLAN; PROVIDING FOR SPECIAL CONDITIONS AT TIME OF PLATTING; 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. 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, as heretofore amended, and Ordinance No. 924-5-89 of the City of Allen, Texas, be and the same is hereby amended by expanding the Specific Use Permit for a Plant Nursery on the following -described tract of land: The southern portion of Tract 8, Abstract 990, Peter Wetsel Survey, City of Allen, Collin County, Texas, to the use indicated. Ordinance No. 980-5-90 - Page 1 SECTION 2: That the requirements of the amended Site Plan as approved herein should 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That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 "P" 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 ALLEN, TEXAS, ON THE 3rd DAY OF May , 19q0 APPROVED AS TO FORM: A. Don Crowder, City Attorney APPROVED: 910�e Farmer, Mayor ATTEST: JudyMorri n, City Secretary Ordinance No. 980-5-90 - Page 2 U EXIMINC ALLEY M mr • umm w� _ MAIN STREET (FM 2170) REVISED SITE PLAN SCALE 1' s 30'-0' UNDEVELOPED PROPERTY 0 m dx = H H z al � H � H CJ tti - ro a 0 ( 1�0 Ln 0 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 _�� G_HEARINSC_FOR _SHOPPING _CENTER _#5______________ of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on _ 5-LiDAU,— AP -Y -1 --------------------------------------- and which was issued on A P r i 1 15 19 9 0 by C i t-y-_Qf _Ljj-Q n — _ of COLLIN COUNTY, TEXAS. A printed copy of said publicatio is attached hereto. ------- I -------------------- SUBSCRIBED AND SWORN to before ms day of A.D. 19 90 T- NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee -------------- '` Ve . V.A. TODD '�{ MY COMMISSION EXPIRES �"► a+ Datmber 5, 1992 4 — '.""CITY NOTICE OF PUBLIC HEARING' Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, May 3, 1990, at 7:30 p.m. in the Coun- cil Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider t a request to amend Planned Development` Shopping Center No. 5 by amending the existing site plan and expand the specific use permit for a plant nursery, a's re'- quested e=quested by Joe Barton King. ` This request is on property out of Peter Wetsel Survey, Tract 8, Abstract 990; further described as being located at 811 East Main. — Anyone wishing to speak either FOR or! AGAINST this request is invited to attend' this public hearing and voice their opinion.1 Fur further information, contact the Depart -1 tment of Community Development, City ofi Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. Is/Judy Morrison' 1. t (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 4980-5-90 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 9, 1990 & Sunday, May 13. 1990 and which was issued on May 9, 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 0 day oflL�_,A.D. 19 ?0 V.A. TODD MY COMMISSION EXPIRES .a. 'I Dowmber 5,1>pZ . ^ Publisher's fee $ 36.00 a. je_e� PUBLIC in and for COLLIN COUNTY, TEXAS i CITY OF ALLEN PUBLIC NOTICE' , Notice is hereby given that the Allen City i Council adopted the following ordinance at ,their regular meeting held on Thursday, May, 3, '1990 (Title and Penalty Clause 'ORDINANCE NO. 980-5-90: An Ordi- �nance of the City of Allen, Collin County,, (Texas, Amending Comprehensive Zoning (Ordinance No 829-11-87, as Heretofore Il Amended, and Ordinance No. 924-5-89 of )the City of Allen so as to Amend the Spe- cific Use Permit and Site Plan for a Plant Nursery by Expanding the Specific Use Permit to Include an Additional 1 ± Acre; Which Restricts the Southern Portion of (Tract 8, Abstract 990, Peter Wetsel Survey, of the City, of Allen, Collin County, ,Texas, Further'Described as 811 E Main Street; Allen,; Texas; Presently Delineated on the Official Zoning Map -as Planned Development -Shopping Center (PD -SC) No. 5, Providing for Exhibit "P" Site Plan;* Providing for Special Conditions at Time oft iPlatting; Providing for a Penalty; Providing far an Effective Date; and Providing for (Publication of the Caption. -- + . i �That any person, firm or corporation violat= f ing any of the provisions or terms of thisi !ordinance shall be subject to the same Ipenalty as provided for in Comprehensive j ;Zoning Ordinance, No. 829-11-87 of the, City of Allen, as heretofore amended, and lupon conviction shall be punished by a fine r !not to exceed the' sum of One Thousand , jDollars ($1,000.00) for each offense. iA Copy of this ordinance may be'read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle; Allen;., Texas 75002. j/s/Judy Morrison [City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City,- I Council adopted the following ordinance at j ,their regular meeting held on Thursday; May, 3, 1990 (Title - and Penalty Clause only): ' 0 ORDINANCE NO 980-5-90: An Ordi- 'nance of the City of Allen, Collin County, Texas, Amending Compretiehsive Zoning Ordinance No. 829-11-87, as Heretofore. (Amended, and Ordinance No. 924-5-89 of (the City of Allen so as to Amend the Spe- cific Use Permit and Site Plan for a Plant r O'Nursery by. Expanding the Specific'Use Permit to Include an Additional 1 ± Acre,' Which Restricts the Southern Portion of Tract 8, Abstract 990, Peter Wetsel, Survey, of the City of Allen, Collin County; Texas, Further Described as"811-E. Main Street, Allen, Texas; Presently Delineated on the Official Zoning Map as Planned Development Shopping Center (PD SC) No. 5; Providing for Exhibit "P" Site Plan; Providing for Special Conditions at Time of Platting; Providing fora Penalty; Providing for an Effective Date; -and Providing fort Publication of the Caption. That any person, firm or 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, 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. I A Copy of this ordinance may be read or, purchased in the office of the City Secret � `� ary, City of'Allen, One Butler Circle; Allen,( Texas 75002.. r I t /s/Judy Morrison City_Sec«etary _ ».- _..7 i cc 0- m EXHIBIT. �rr ORDINANCE., No 9B4O"5-90 . Uj r - FIRE LAN � FIRE LANE ttj H E V i S E U S i I E P L'' I 0 9 i ] SCALE 301-011 Lij y, "M - e "?OVED: 4¢5' 's 4 �. 1 i� e1'f� U 'L•x. 7 W �r tl ' �� n" i N .f Ci �' ! ,u7 ` ,•S ,1 a,,;. r� lG i"i ' j 1,�,( �4 1 - -- - -- _.- LGiU "r y ........... j 1 I i cc 0- m EXHIBIT. �rr ORDINANCE., No 9B4O"5-90 . Uj r - FIRE LAN � FIRE LANE ttj H E V i S E U S i I E P L'' I 0 9 i ] SCALE 301-011 Lij y, "M - e "?OVED: 4¢5' 's 4 �. 1 i� e1'f� U 'L•x. 7 W �r tl ' �� n" i N .f Ci �' ! ,u7 ` ,•S ,1 a,,;. r� lG i"i ' j 1,�,( �4 1 - -- - -- _.- LGiU "r y