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HomeMy WebLinkAboutO-1036-6-91ORDINANCE NO. 1036-6-91 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 GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE WITH SITE PLAN APPROVAL, AND REPEALING ORDINANCE NO. 826-11-87, BEING A SPECIFIC USE PERMIT FOR A TIRES, BATTERIES, AND ACCESSORIES STORE; THEREFORE RESTRICTING A 2.3456 ACRE TRACT OF LAND IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED AS THE SOUTHWEST CORNER OF F.M. 2170 AND S.H. 5; SUBJECT TO THE STIPULATIONS HEREIN AND THE ATTACHMENT OF EXHIBIT "A" SITE PLAN, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS CENTRAL BUSINESS DISTRICT 'CBD"; 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 829-11-87 should be amended because the requested use is compatible to adjacent properties,a nd that Ordinance No. 826-11-87, should be repealed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87 of the City of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 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 in conjunction with a convenience store, and repealing the existing Specific Use Permit for tires, batteries, and accessories store, therefore restricting a 2.3456 acre tract of land in the David Wetsel Survey, Abstract No. 977, in the City of Allen, Collin County, Texas, further described as the southwest corner of F.M. 2170 and S.H. 5, to the uses indicated. SECTION 2: That the requirements of Exhibit "A" site plan as approved herein should be adhered to in its entirety prior to the issuance of a Certificate of Occupancy. SECTION 3: That the necessary right-of-way on F.M. 2170 and along S.H. 5 be voluntarily dedicated at the time of platting (11 feet on F.M. 2170 and 20 feet on S.H. 5). SECTION 4: That City of Allen staff shall have the flexibility of adjusting the location of the design of the site plan when the exact location of the flood plain is determined. 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 for gasoline sales in conjunction with a convenience store as provided for by 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 from and after the effective date of this ordinance, Ordinance No. 826-11-87, containing a Specific Use Permit for a tires, batteries, and accessories store on the above-described tract of land, is hereby repealed. SECTION 8: That prior to the development of 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 building area to be allowed in accordance with the City of Allen flood plain standards. SECTION 9: 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 10: That it appears the above-described property requires site plan approval 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 r t h DAY OF ,T„ n P , 1991. APPROVED: GP / Farmer, MAYOR APPROVES AS TO FORM: ATTEST: WK00, , " �_z Ordinance No. 10-16-6-91 Page 2 This Page is too large to OCR 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 --June 6 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 22, 1991 and which was issued on May22 ,_ 1991 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. 11 SUBSCRIBED AND SWORN to before me this � day of V.A. TODD �E MY COMMISSION EXPIRES 3 DwAmber 5, 1982 1991 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $_1 3 . 5 0 I CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen Cit Council will conduct a public hearing a their regular meeting to be held on Thurs, day, June 6, 1991, at 7 30 p m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for a Specific UPer r1 mit for gasoline sales and site p lan p proval for a convenience store and repeal of existing Specific Use Permit. This request is on property out of David Wetsell Survey, abstract number 977, City of Allen, Colin County, Texas, further de; scribed as being located at the southwest corner of S H 5 and F M. 2170. Anyone wishing to speak either FOR oa 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 of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120 i 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 #1036-6-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on -Sunday June 12,1991 & Sunday June 16,_1991 and which was issued on June 12, 1991 --_—, by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publicati n is attached hereto. SUBSCRIBED AND SWORN to before me this / day of ,A.D. 19 V ODD ' r ---------- �-� ----- MY CCMMINION EXPIRES Dwwmbw `. 1992 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 47.26 _-- CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, June 8, 1991 (Title and Penalty Clause only). Ordinance No 1036-6-91. An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No 829-11-87 of the City of Allen, as Heretofore Amended, so as to Attach a Specific Use Permit for Gasoline Sales in Conjunction with a Convenience Store with Site Plan Approval, and Repealing Ordi- nance No. 826-11-87, Being a Specific Use Permit for a Tires, Batteries, and Ac- cessories Store, Therefore Restricting a 2 3456 Acre Tract of Land in the David Wetsel Survey, Abstract No. 977, in the City of Allen, Collin County, Texas, Further Described as the Southwest Corner of F M. 2170 and S.H 5; Subject to the Stipu- lations Herein and the Attachment of Exhi- bit "A" Site Plan, Presently Delineated on the Official Zoning Map as Central Busi- ness District "CBD", Providing for a Pen- alty, Providing for an Effective Date; and Providing for 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 82941;87 6f 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. 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 T /s/Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, June 8, 1991 (Title and Penalty Clause only): Ordinance No. 1036-6-91 - An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87 of the City of Allen, as Heretofore Amended, so as to Attach a Specific Use Permit for Gasoline Sales in Conjunction with a Convenience Store with Site Plan Approval, and Repealing Ordi- nance No. 826-11-87, Being a Specific Use Permit for a Tires, Batteries, and Ac- cessories Store; Therefore Restricting a 2.3456 Acre Tract of Land in the David Wetsel Survey, Abstract No. 977, in the City of Allen, Collin County, Texas, Further Described as the Southwest Corner of F.M. 2170 and S.H. 5; Subject to the Stipu- lations Herein and the Attachment of Exhi- bit "A" Site Plan, Presently Delineated on the Official Zoning Map as Central Busi- ness District "CBD"; Providing for a Pen- alty; Providing for an Effective Date; and Providing for 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. 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. /s/Judy Morrison City Secretary CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR I t f ORDINANCE/RESOLUTION 1 () �V/ f— 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.