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HomeMy WebLinkAboutO-1141-11-92ORDINANCE NO. 1141-11-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 1114-&92, BEING PLANNED DEVELOPMENT NO. 22, SO AS TO ATTACH A SPECIFIC USE PERMIT FOR A CHURCH WITH SITE PLAN APPROVAL ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 4.1450 ACRES OF LAND OUT OF THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXEIIBIT "L" SITE PLAN; PROVIDING FOR THE CONDITION THAT THE SPECIFIC USE PERMIT BE REMOVED AND SHOPPING CENTER USES REINSTATED AUTOMATICALLY UPON THE ABANDONMENT OF THE USE AS A CHURCH BY THE PROPONENT, BETHANY BAPTIST CHURCH, FORMERLY KNOWN AS CALVARY BAPTIST CHURCH; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 after holding due hearings and affording 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 in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance No. 1114-6-92, being Planned Development No. 22, 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 previously amended, and Ordinance No. 1114-6-92, being Planned Development No. 22, of the City of Allen, Texas, be, and the same are hereby, amended by changing the Zoning Map of the City of Allen to attach a Specific Use Permit for a church; and, SECTION 2: That the site plan attached hereto as Exhibit "L" and made a part hereof for all purposes shall be adhered to in its entirety; and, SECTION 3: That the Specific Use Permit is allowed upon the following conditions: 1) that it be removed and the shopping center uses reinstated automatically upon the abandonment of the use as a church by the proponent, Bethany Baptist Church, formerly known as Calvary Baptist Church; and, 2) that the landscaping upon Bethany Drive and Allen Heights Drive be installed with automatic sprinklers; and, 3) that if a dumpster is installed, it must be screened and adequate parking spaces must be maintained. 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 property described below shall be used in the manner and for the purposes provided for as approved herein: A 4.1450 acre tract of land situated in the R. C. Whisenant Survey, Abstract No. 1012, in the City of Allen, Collin County, Texas, and part of a 22.4 acre tract as described in Instrument No. 92-0043521 of the Deed Records of Collin County, Texas; more particularly described as being the southwest corner of Bethany Drive and Allen Heights Drive. 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 Two Thousand Dollars ($2,000.00) for each offense. SECTION 7: 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 COUNCEL OF THE CITY OF ALLEN, TEXAS, ON THE 5TH DAY OF NOVEMBER , 1992. L Ir I !Y F f APPROVED AS TO FORM: A. Don C er, CITY A Ordinance No. APPROVED: Farmer, MAYOR ATTEST: 10411 �4011 J 1141-11-92 Page 2 CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR 199Z ORDINANCE/RESOLUTION 1141 - H - 3Z I 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. 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 11/5 (Church) of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, October 21, 1992 _ and which was issued on October 21, 1992 , 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 Y- ': "h : V.A. TODD, ti sL� MY COMMISSION EXPIRE Dowmber 5, 1992 Publisher's fee $15.75 PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN R 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, November 5,1992, 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 Use Per- mit with site plan approval for a church to be located in a Shopping Center (SC) Dis- trict of Planned Development No. 22 (PD 22). This request is on a 4.1450 -acre tract of land situated in the R. C. Whisenant Survey, Abstract No. 1012, in the City of Allen, Collin County, Texas, and part of a 22.4 -acre tract as described in Instrument No. 92-0043521 of the Deed Records of Collin County, Texas; further described as being the southwest corner of Allen Heights Drive and Bethany Drive. 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, City Secretary • AFFIDAVIT AND PROOF OF PUBLICATION CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City THE STATE OF TEXAS Council adopted the following ordinance at COUNTY OF COLLIN their regular meeting held on Thursday, November 5. 1992 (Title and Penalty Clause only): BEFORE ME, the undersigned authority, on this da personally appeared DEBBIE 9 Y+ Y Pe Y PP Ordinance No. lien, C 1-92: An Ordinance of the City of Allen, Collin County, Texas; TACKETT, who having been by me duly sworn, on oath deposes and says: Amended, so as to Amend Ordinance No. That she is the General Manager of THE ALLEN AMERICAN, a newspaper publishe 1114-6-92, Being Planned Development No. 22, and Attach a Specific Use Permit COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulatic for a Church with Site Plan Approval on the said county, and having been published regularly and continously for more than twelve (1 Following Described Tract of Land: 4.1450 Acres of Land out of the R.C. Whisenant months prior to publishing Survey, Abstract No. 1012, City of Allen; Collin County, Texas; Providing for Exhibit "L" Site Plan; Providing for the Condition Ordinance #1141-11-92 that the Specific Use Permit be Removed and Shopping Center Uses Reinstated — Automatically Upon the Abandonment of the Use as a Church by the Proponent; Bethany Baptist Church, Providing for a Penalty of Fine not to Exceed the Sum of of which the attached is a true and written copy, and which was published in THE ALLEN Two Thousand Dollars ($2,000) for Each AMERICAN on Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. Wednesday November 1 1 , 1992 & Sunday November 15, 1992 That any person, firm orcorporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same and which was issued on November 1 1 1992 penalty as provided for in Comprehensive , Zoning Ordinance No. 829-11-87 of the by City of Allen of COLLIN COUNTY, TEXAS. City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. A printed copy of said publication is attached hereto. 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 SUBSCRIBED AND SWORN to before me this // day ofA.D. 19 V. A. TODD MY COMMISSION EXPIRES NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $45.00 r CITY OF ALLEN 'v PUBLIC NOTICE 1h` Notice is hereby given that the Allen City I Council adopted the following ordinance at - their regular meeting held on Thursday— November 5, 1992 (Title and Penalty Clause only) Ordinance No 1141-11-92 An Ordinance - of the City of Allen. Collin County, Texas,-. Amended, so as to Amend Ordinance No—, 1114-6-92, Being Planned Development,, No 22, and Attach a Specific Use Permit' for a Church with Site Plan Approval on the Following Described Tract of Land 4.1450 Acres of Land out of the R C. Whisenant Survey, Abstract No 1012, City of Allen, Collin County, Texas: Providing for Exhibit "L" Site Plan; Providing for the Condition. that the Specific Use Permit be Removed and Shopping Center Uses Reinstated' Automatically Upon the Abandonment of the Use as a Church by the Proponent, Bethany Baptist Church, Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand -Dollars ($2,000) for Each Offense, Providing for a Severability Clause, and Providing for the Effective z Date of Said Ordinance 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 Two Thousand Dollars ($2.000.00) 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 '