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Home My WebLink AboutO-1358-9-95ORDINANCE NO. 1358-9-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT AND SITE PLAN FOR AN OIL AND LUBE FACIIITY ON THE FOLLOWING - DESCRIBED TRACT OF LAND: LOT 1A, BLOCK 8, WHISENANT ADDITION, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT' "A" SITE PLAN, PROVIDING FOR STIPULATIONS; 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 THE 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, should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, be amended by approving a specific use permit and site plan for an oil and lube facility and providing for stipulations on the following -described tract of land: Lot 1A, Block 8, Abstract No. 708, Whisenant Addition, City of Allen, Collin County, Texas. - SECTION 2: The property described as Lot 1A, Block 8, Abstract No. 708 of the Whisenant Addition, an Addition to the City of Allen, Collin County, Texas, 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 "A" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4: A six-foot masonry screening wall along the north boundary matching the building will be constructed. SECTION 5: The dumpster will be constructed with brick veneer to match the building SECTION 6: The City Staff and the petitioner will strive to save as many trees as possible, and any not saved will be placed at a location that the City Staff designates with equal caliper on -an inch per inch basis, a minimum of three inches per tree. SECTION 7: All signage will be in conformance with Sign Ordinance No. 1198-9-93. SECTION 8: A curb along the west side of the property will be designed and constructed to maximize tree conservation. SECTION 9: The exterior of the building will be constructed of brick veneer, and the City Staff will determine that the appearance is compatible with adjacent properties. SECTION 10: The lights on the building will not interfere with neighboring properties. SECTION 11: The location of the inlet on Anna Drive will be coordinated with City Staff. SECTION 12: The landscaping will be automatically irrigated. SECTION 13: Notes regarding revision of the inlet on McDermott Drive will be removed and typographical errors will be corrected. SECTION 14: 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 15: 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 16: 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. SECTION 17: 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 7TH DAY OF SEPTEMBER, 1995. APPROVED AS TO FORM: A. Don CrowVer, CITY ATTORNEY APPROVED: f J Farmer, MAYOR ATTEST: Ordinance No. 1358-9-95 Page 2 C i a ,NA)Xo t y�!•y�'•-t1 Lo Z r FLS Qb 47. 2 n 5 �t VIM CQ ..'' r „ � Aa�y ,NA)Xo 14�"` C\2 Lo Z r FLS Qb damn= 2 n ,NA)Xo 14�"` C\2 Lo Z r FLS Qb damn= 5 �t VIM CQ ..'' r „ � Aa�y 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 Abstract 708 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, August 23, 1995 and which was issued on Auaust 23.1995 by C i t y O f A 11 e n of COLLIN COUNTY, TEXAS A printed copy of said public tion is attached hereto. gA;7:: SUBSCR ED AND SWORN to before me this day, A.D. 19 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 14 . 6 3 V. A. TODD •;��*= hTe COMMISSION E(PIF:ES Dacember 5, 1996 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, September 7,1995, at 7:30 p.m. in the Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for a Specific Use Permit with site plan approval to allow an oil and lube facil- ity in the Central Business District. This request is on property described as Lot 1 A, Block 8, Whisenant Addition, lo- cated in Abstract No. 708, City of Allen, - Collin County, Texas; further described as being located at the northwest corner of McDermott Drive and Anna Drive. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice his or her 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 Morisson 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 #1358-9-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 13 & September 16, 1995 and which was issued on September 13, 1995 by C i t y O f A 11 e n of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED4DS N tobefore me this daA.D. 19_9, �a1;J_XkW,_ NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee x 4 0. 5 0 V. A. TODD 'y = MY COMMISSION EXPIRES ;�F o ; December 5, 19995 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 7, 1995 (Tite and Penalty Clause): Ordinance No. 1358-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 872-11-87, as Previously Amended, Approving a Specific Use Per- mit and Site Plan for an Oil and Lube Facil- ity on the Following -Described Tract of Land: Lot 1 A, Block 8, Whisenant Addition, Abstract 708, City of Allen, Collin County; Providing for Exhibit "A" Site plan; Provid- ing for Stipulations; and Providing for a Penalty Fine Not to exceed the Sum of Two Thousand Dollars ($2,000) for Each Of- fense; Providing for a Severability Clause; and Providing for the Effective 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 p ovided for in the Comprehen- sive Zoninc Ordinance No. 829-11-87 of the City of %,Ilen, as heretofore amepded, and upo onviction shall be punished by a fine no' 'o exceed the sum of Two Thou- sand CAlars ($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, Allen, Texas 75013. /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, September 7, 1995 (rite and Penalty Clause): Ordinance No. 1358-9-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 872-11-87, as Previously Amended, Approving a Specific Use Per- mit and Site Plan for an Oil and Lube Facil- ity on the Following -Described Tract of Land: Lot 1 A, Block 8, Whisenant Addition, Abstract 708, City of Allen, Collin County; Providing for Exhibit "A" Site plan; Provid- ing for Stipulations; and Providing for a Penalty Fine Not to exceed the Sum of Two Thousand Dollars ($2,000) for Each' Of- fense; Providing for a Severability Clause; i and Providing for the Effective 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 the Comprehen- sive 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 Thou- sand 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, Allen, Texas 75013. /s/ Judy Morrison City Secretary