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Home My WebLink AboutO-1468-11-96ORDINANCE NO. 1468-11-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT AND SITE PLAN FOR A PRIVATE SCHOOL WITH DAY CARE AS AN INCIDENTAL USE ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 1.14 ACRES OF TRACT Al OF THE ALLEN BUSINESS CENTRE ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" SITE PLAN, 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 EFFECTIVE DATE OF SAID ORDINANCE. VIEMREAS, 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. 1425-5-96, 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. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by approving a specific use permit and site plan for a private school with day care as an incidental use on the following -described tract of land: 1.14 acres of Tract Al of the Allen Business Centre Addition, City of Allen, Collin County, Texas. SECTION 2: The property described as 1.14 acres of Tract Al of the Allen Business Centre Addition of 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: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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. 1425-5-96 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. SECTION 8: 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 NOVEMBER , 1996. APPROVED AS TO FORM: Ordinance No. APPROVED: ,71 ATTEST: Dom-_ 4JUMOI�"na.,(CiM—C,CITY SECRETARY 1468-11-96 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 contlnously for more than twelve (12) months prior to publishing Allen Business Centre 10/17 of which the attached is a true and written copy, and which was published In THE ALLEN AMERICAN on September 25, 1996 and which was Issued on September 25, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publ tion is attached hereto. I t SUBSCRIBED AND RN to before me this day A.D. 19 574? NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's tee $ 2 1. 0 0 V. A. TO *: MY COMMISSION EXPIRES ? December 5, 2000 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 Thursday, October 17, 1996, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to allow a private school by Specific Use Permit with a day care as an accessory use with site plan approval. This request is on property described as a portion of Tract Al of the replat of Allen Business Centre, Tract A, an addi- tion to the City of Allen, Collin County, Texas; further described as being located north of the northwest corner of Bethany Drive and Prestige Circle. 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 Department 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 Ordinance # 1468-11-96 of which the attached Is a true and written copy, and which was published In THE ALLEN AMERICAN on November 13 & November 1r), 199r, and which was Issued on November 13, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said public %on is attached hereto. SUBSCRIBED AND SWORN to before me this day , A.D. 19 9G NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publishers fee 5 5 7. 7 5 V. A TODD MY COMMISSION EXPIRES `? V December 5, 2000 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, November 7, 1996 (Title and Penalty Clause only): N Ordinance No. 1468-11-96: An Or finance o the -City oT-Al el n, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 1425-5-96, as Previously Amended by Approving a Specific Use Permit and Site Plan for a Private School with Day Care as an Incidental Use on the Following -Described Tract of Land: 1.14 Acres of Tract Al of the Allen Business Centre Addition, City of Allen, Collin County; Providing for Exhibit "A" Site Plan; and 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 Date of Said Ordinance. 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 Compre- hensive Zoning Ordinance No. 1425-5-96 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 Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison• i 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, November 7, 1996 (Title and Penalty Clause only): Ordinance No. 1468-11-96: An' Or mand— che—City o en, ollinl County, Texas, Amending Comprehen- sive Zoning Ordinance No. 1425-5-96, as Previously Amended by Approving a Specific Use Permit and Site Plan for a Private School with Day Care as an., Incidental Use on the Following-Describedl Tract of Land: 1.14 Acres of Tract Al of the Allen Business Centre Addition, City of Allen, Collin County; Providing for• Exhibit "A" Site Plan; and Providing for a 4 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 Date of Said Ordinance. 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 Compre- hensive Zoning Ordinance No. 1425-5-96 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 Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. I /s/Judy Morrison i City_Secretary f r r , BUILDING AND Irl.' DATA A -M. OWN NM