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Home My WebLink AboutO-1326-3-95ORDINANCE NO. 1326-3-95 AN ORDINANCE OF THE CITY OF ALLEN, COILIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 368-10-81 AND COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SITE PLAN IN PLANNED DEVELOPMENT E Ti' NO. 3 (PD NO. 3) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 2.1487 ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS, OTHERWISE KNOWN AS TRACT A OF THE ALLEN BUSINESS CENTRE ADDITION; PROVIDING FOR EXHIBIT' 7 SITE PIAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE,- PROVIDING FFENSE;PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE JMVE DATE OF SAID ORDINANCE. 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Ordinance No. 368-10-81 and Comprehensive Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be, and the same hereby are, amended by approving a site plan for a Gymnastics Center in Planned Development No. 3 (PD No. 3) on the following -described tract of land: 2.1487 acres of land in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, otherwise known as Tract A of the Allen Business Centre. SECTION 2: The property described in Exhibit "I" attached hereto, and made a part hereof for all purposes, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan attached hereto as Exhibit "I" shall be adhered to in its entirety. SECTION 4: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall 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: 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 previously 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 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECIZON 7: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 16THDAY OF MARCH , 1995. APPROVED: oe Farmer, MAYOR APPROVED AS TO FORM: ATTEST: OCR- A- Don Gwwd"-,\eM AWURNEY d4y CMC, MY SECRETARY Ordinance No. 1326-3-95 Page 2 This Page is too large to OCR 4 I • '.,rye.: =. .� .r��: �_ .�-' -_' ,.� :--.-�.s'!a. - �. _ xa _fsa vo�."a� I :avn" •�`.�1't, lk 111 s .1: HIM 114 al 4 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 Gymnastics Center of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday. February 22, 1995 and which was issued on February 22, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. C,, ,L 7,_ i, l SUBSC BED ADD SN _ WORN to before me this ay A.D. 199,5' V. A. TODD Q . •: '' MY COMMISSION EXPIRES December 5, 1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee s-1 3. 50 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- day, March 16, 1995, at 7:30 p.m. in the Council Chambers Of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for consideration of a site plan to construct a gymnastic center near the intersection of Bethany Drive and Prestige Circle in Allen. The request is on property out of Planned Development No. 3, east of Pre- stige Circle and adjacent to Bethany Drive on the north side. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the De- partment 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 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 Ord! #1326-3-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday March 22, 1995 and which was issued on "March 22, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. "G!-; &w ""Sr SUBSCRIBED AN/DD� ,WO.. fnVt,t�o before me this da yt A.D. 19 9� ?� • .°�,, V. A. TODD 0 , .: " MY COMMISSION EXPIRES U � December 5, 1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 2 1 . 3 8 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, March 16, 1995 (Title and Penalty Clause only): Ordinance No. 1326-3-95: An Ordi- nance of the City of Allen, Collin County, Texas, Amending Ordinance No. 368-10-81 and Comprehensive Zoning Or- dinance No. 829-11-87, as Previously Amended, by Approving a Site Plan in Planned Development No. 3 (PD No. 3) on the Following Described Tract of Land: 2.1487 Acres of Land in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, Otherwise Known as Tract A of the Allen Business Center Addi- tion; Providing for Exhibit "I" Site Plan; Pro- viding for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severa- bility Clause; and Providing for the Effec- tive Date of Said Ordinance. That any person, firm or corporation vio- lating 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) 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, Texas 75002-2773. /s/ Judy Morrison City Secretary J �I