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Home My WebLink AboutO-1047-9-91ORDINANCE NO. 10 4 7-9 - 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, AND REPEALING ORDINANCE NO. 837-2-88 SO AS TO REMOVE THE SPECIFIC USE PERMIT FOR A RESTAURANT/PRIVATE CLUB LOCATED AT 604 N. FEDERAL, SUITE D, IN THE WILLIAM CHESTER ADDITION, ALLEN, COLLIN COUNTY, TEXAS; 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have concluded that Comprehensive Zoning Ordinance 829-11-87 should be amended and Ordinance No. 837-2-88 should be repealed; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded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 the Specific Use Permit for a restaurant/private club at 604 N. Federal, Suite D, in the William Chester Addition, Allen, Collin County, Texas, should be removed; 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City of Allen, Texas, as heretofore amended, be, and the same is hereby, amended, and Ordinance No. 837-2-88 is hereby repealed so as to remove the Specific Use Permit for a restaurant/private club at 604 N. Federal, Suite D, in the William Chester Addition, Allen, Collin County, Texas. SECTION 2: That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 3: That the above-described tract of land shall be used in the manner and for the purposes as provided for by Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended. SECTION 4: 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 5: 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 5th DAY OF September , 1991. APPROVED: � Q—e'� Ae Farmer, MAYOR APPROVED AS TO FORM: ATTEST: n Cr ATTORNEY (4y Mo son, CITY SECRETARY Ordinance No. 1047-9-91 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 Public Hearin of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, August 211191 and which was issued on August 21 , 1991 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said pul4ation is attached hereto. r SUBSCRIBED AND SWORN to before me this /—� day of A.D. 19 IF/ V.A. TODD • MY COMMISSION EXPIRES DOC@mb�r 5, 1092 'ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 13 . 5 0 CITY OF ALLEN 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- Iday, September 5, 1991, at 7:30 p.m. in the Council Chambers of the Allen Municipal) Annex, One Butler Circle, Allen, Texas, to I consider a request to remove the specific) use permit for a restaurant/private club from 604 N. Federal, Suite D, formerly known as Maria's Restaurant. This request is on property described as Lot 2 of the William F. Chester Addition to the City of Allen, Collin County, Texas; further described as being located at 604" N. Federal, Suite D. 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 Morrison AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLL N 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 1047 -9 - of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday September 11, 1991 & Sunday September 15, 1991 and which was issued on September 11 , 1991 , byCity of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. %& 4u 7,4 SUBSCRIBED AND SWORN to before me this / day !!�' �►� .. V.A. TODD MY COMMISSION EXPIRES Decwber 5, 1"2 a., 19J ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 3 8 • 2 6 __ 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, September 5, 1991 (Title and Penalty Clause only): Ordinance No. 1047-9-91: An Ordinance lof the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87 of the City of Allen, las Heretofore Amended, and Repealing 'Ordinance No. 837-2-88 so as to Remove the Specific Use Permit for a RestauranU Private Club Located at 604 N. Federal, 'Suite D, in the William Chester Addition, (Allen; Collin County, Texas; Providing for a `Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. That any person, firm or corporation violat- ing any of the provisions of 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 caTY OF ALLEN-- — PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 5, 1991 (Title and Penalty Clause only): Ordinance No. 1047-9-91: An Ordinance Of the City of Allen, Collin County, Texas, AmennancedNo 29- Comprehensive 87of the C ty o AlleOrdn; as Heretofore Amended, and Repealing Ordinance No. 837-2-88 so as to Remove the Specific Use Permit for a Restaurant/ Private Club Located at 604 N. Federal, Suite D, in the William Chester Addition, Allen, Collin County, Texas; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. That any person, firm or corporation violat- ing any of the provisions of 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 Citv_Secretary