Loading...
HomeMy WebLinkAboutO-1040-7-91ORDINANCE NO. 1040-7-91 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TERAS, REPEALING ORDINANCE NO. 1006-10-90 OF THE CITY OF ALLEN, TEXAS, AND AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS HERETOFORE AMENDED, AND ORDINANCE NO. 802-8-87 TO INCLUDE THE ATTACHMENT OF EXHIBIT -E-, APPROVED SITE PLAN WITH A ONE-YEAR TIME LEMT, FOR DEVELOPMENT OF A DAY CARE CENTERNTrNESS TRAINING CENTER ON A .9982 ACRE TRACT OUT OF THE WH,LIAM PERRIN SURVEY, ABSTRACT NO. 708, COLLIN COUNTY, TEXAS, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS A PORTION OF PD -CF NO. 46; AMENDING THE USE REGULATIONS TO INCLUDE A FITNESS TRAINING CENTER WITH A DEFINITION OF SAME; 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City of Allen, in the exercise of its legislative discretion, have concluded that Ordinance No. 1006-10-90 should be repealed and that Comprehensive Zoning Ordinance 829-11-87, as heretofore amended, and Ordinance No. 802- 8-87 should be amended to include the attachment of Exhibit "E" as the approved site plan that shall become null and void if a building permit has not been issued within one year from the date of this ordinance, and amending the use regulations to include a fitness training center, with a definition thereof, on a .9982 acre tract of land out of the William Perrin Survey, Abstract No. 708, Collin County, Texas, presently delineated on the Official Zoning Map as a portion of Planned Development - Community Facilities (PD -CF) No. 46; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That from and after the effective date of this ordinance, Ordinance No. 1006-10-90 is hereby repealed. SECTION 2: That Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as heretofore amended, and Ordinance No. 802-8-87 be and the same are hereby amended so as to include the attachment of Exhibit "E," approved site plan that shall become null and void if a building permit has not been issued within one year from the date of this ordinance, for the development of a day care center/fitness training center on a .9982 acre tract of land out of the William Perrin Survey, Abstract No. 708, Collin County, Texas, presently delineated on the Official Zoning Map as a portion of Planned Development -Community Facilities (PD -CF) No. 46. SECTION 3: That the use regulations attached as Exhibit "B" to Ordinance No. 802-8-87 are hereby amended to include on Tract 1 a fitness training center which shall be defined as a "facility where educational classes or instructions are given for weight lifting, exercise, martial arts, and related activities." SECTION 4: 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 5: That the above-described tract of land shall be used in the manner and for the purposes provided for by Comprehensive Zoning Ordinance No. 829-11-87, as heretofore amended, and Ordinance No. 802-8-87 of the City of Allen as amended herein by the approval of the attachment of Exhibit "E." SECTION 6: 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 7: 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, TERAS, ON THE - 18th DAY OF July '1991. ' APPROVED: 4e zxz�r_�� J96 Far, er, MAYOR APPROVED AS TO FORM: ATTEST: A. Don r w er, CITY ATTORIgEY Ju Morr n, CI Y S CRETARY Ordinance No. 1040-7-91 Page 2 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 Notice of Public _Hearing _on_July 18 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on _Sunalta June 30, 1991 and which was issued on June 30, 1991 --_--_—, by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this A0 day of , -.D. 19 91 V.A. TODD MY COMMISSION EXPIRES Deo mbw 6,19!2 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $13.50 __ CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at I their regular meeting to beheld on Thurs- day, July 18, 1991, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to amend the use reg- ulations on Tract 1 of P.D. 46 to include a fitness training center, and to amend the site plan previously approved. This request is on property out of the Wil- liam Perrin Survey, Abstract No. 708; more particularly described as being located at 808 S. Jupiter, south of the Allen Church of Christ. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, Allen Texas, or by telephoning 727-0120. /s/ Judy. Morrisog. a. I „ AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 1040-7-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday July 24, 1991 & Sunday July 2$, 1991 and which was issued on 11,11 y 2 4 , 19 91 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said public tion is attached hereto. SUBSCRIBED AND SWORN to before me this day oi)--/,4 'A.D. 19'?/ V.A. TODD MY COMMISSION EXPIRES ---- Dooember s,1992 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 5 . 0 0 �► TICE PUBLIC NO Notice is hereby given that g oerdilnanc is Council adopted the follheld on Thursday, their regular m e and Penalty Clause July 18, 1991 (Title only): 1040.7.91: An Ordinance No County, Texas, Ordinance of Allen 1006.10.80 of of the City Ordinance No Amending Repealing Texas, and the City of Allen, Ordinance No. Comprehenas Heretofore Amended, and 829-11-87, 802 8 87 to Incl (odeedesite Ordinance No. tachment of ExYear Time L mit, for Deve- Planwith a One- Care Center/Fitness lopment of a D)n g982 Acre Tract out 1Training Center on a • AbstractD Q, of the W1►liam PerrmTezase Presently 1 1708, Collin Che Official Zoning Map as e Ineated on CF No. 46; Amending the IPOrtion of PD: Include a Fitness Use Regulations to Training Center with a DO Pio °di�9 Forman Providing for a Penalty; , for Publica- Effective Date; and Providing tion of the Caption. r oration violat- That any person, firm or co or P ing any of the provision qct for heosame ordinance shovided for ll e ." Comprehensive penalty Ordinance No. 829-11 87 of the Zoning as heretofore amendedaa�e City of Allen, unshed by upon conviction shall be Pot One Thousand not to exceed the sum each offbeiI e read or Dollars ($1,000.00) A copy of this ordinance maY Secret- purchased in the Ore ButI rr rcle, Allen, ary, City of Allen, Texas 7 M02ison Isl Judy t rr o x.., 15"f of 106f A, SITE PLA I N. ApiPROVAL DATE APPRUM, G RMANp ALLEN PLANNIi'M & 7�f IN C NIlSSIOPJA�E €N CITY COUNCIL n ., . CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR I - l -1 ORDINANCE/RESOLUTION l) q'0 DRAWING(S) 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.