O-605-5-85ORDINANCE NO. 605-5-85
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81, OF THE CITY OF ALLEN AS HERETOFORE AMENDED SO
AS TO ATTACH A SPECIFIC USE PERMIT FOR THE ACCESSORY USE
OF A BAY AREA FOR TIRE SERVICE, BATTERIES AND ACCESSORIES
RESTRICTING 3490 SQUARE FEET OF THE 201,000 SQUARE FEET
EXPANSION ON THE WAL-MART ADDITION, BEING PART OF THE
42.02 ACRE TRACT IN THE PETER WETZEL SURVEY, ABSTRACT NO.
990, OF COLLIN COUNTY, PRESENTLY DELINEATED ON THE
OFFICIAL ZONING MAP AS "SC"; 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 No. 366-10-81, should be amended:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE
CITY OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 of the
City of Allen, Texas, as heretofore amended and the same is hereby amended by
amending the Zoning Map of the City of Allen to give the following described tract of
land the following zoning classification, to -wit:
Ordinance No. 6 0 5- 5- 8 5 - Page 1
That the area be and the same is hereby approved for zoning purposes, a specific
use permit for the accessory use of a bay area for tire service, batteries and
accessories. Area to be officially delineated on the Official Zoning Map as "SC",
and further described as being 3490 square feet of the 20,000 square feet
expansion on the Wal-Mart addition, being part of the 42.02 acre tract of land in
the Peter Wetzel Survey, Abstract No. 990, of Collin County, Texas.
SECTION 2.
That
all ordinances
of
the City of Allen
in conflict
with the
provisions of this
ordinance
shall be, and
the
same are hereby,
repealed
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 the purposes provided for by the Comprehensive Zoning Ordinance No.
366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the
granting of this zoning classification.
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. 366-10-81, 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 2nd DAY OF MAY 1985.
Ordinance No. 6 0 5- 5- 8 5 - Page 2
APPROVED:
ATTEST:
Marty Hendrix, Ci Secretary
APPROVED AS TO FORM:
i
Ordinance No. 6 0 5-5-85 _ Page 3
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared , who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
Public Notice Ordinance V x609 5 R5 thrnunh 607-5-85
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
Mav 6. 9. & 10. 1985
and which was issued on 5/6/85 by City o f Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 17 t n day of June , A.D. 19 8 5
-1Q. OO Notary Pul&c in and for Collin County, Texas
Publisher's Fee $
151 L9
r CITY OF ALLEN
I PUBLIC NOTICE
Notice is hereby given,
tat the Allen City Coun-
II in their regular ses-
lon held on,Thrusday,
lay 2, 1985 adopted the
Aloinrind ordinances
rItles 1'and1 Penalty
�lauses only):. r
'Ordinance { No.
65.5.85: An- Ordinance
f the City, -of Allen, Col=
n County; Texas, Amen -
Ing Comprehensive
Zoning- Ordinance No;
386.10.81; of the 'City of
Allen as Heretofore
Amended,so as to Attach
a Specific Use Permit for,
the Accessory Use of a
-Bay Area for Tire Service,
Batteries and • Ac-
cesspries Restricting
3490 Square Feet of the
'20,000, -Square Feet Ex-
panslon of the Wal-Mart
Addition out of the 42.02
Acre'Tract In. the Peter
Wetzel Survey, Abstract
No. 900, of Collin Coun-
ty,'Presently, Delineated
on._ the Official Zoning
Map as -"SO!'; ProvJding
for Publication of the
Captlon. ;;+ y
That any person, firm
or corporation violAting
any of.ttietprovislons or
terms of this ordinance
-shall betsublect to the'
sane penalty as'provid-.
ed for in Comprehensive
Zoning' Ofdlnancd No.
366.10-81, as' heretofore
amended; and upon con-
viction shall be punished,
by a fine; not to. exceed
the sum of One TFiou- .
sand Dollars ($1,000.00)
for each offense.
Ordinance _ No.
io
606.5.85: n Ordinance
of the City of Allen, Col-
lin County, Texas, Amen-
ding Planned Develop-
ment Zoning Ordinance
No. 370-10-81 to Include
the Attachment of Ex-
hibit "C", Approved Site's
Plan, and Exhibit • "D",
Approved Landscape
Plan for Development of
a 3.7803 Acre Tract Out
of the Peter Fisher
Survey, Abstract No. 324,_
of Catlin ; Count.y,,,,
Presently'Delineated -on
the Official Zoning Map,
as a Portion of PD No. 1;
Providing for a -Penalty;'
Providing for an Effec-
tive Date; and,Providing.
-for. Publication of, the'
Caption.
That -any person, firm,
or corporation violating
any of the, provisions or
terms of this ordinance
shall" be"edblect,to the
same penalty as provid
ed for In' the Planned
Development Zoning Or-
dinance No. 370-10.81 of
the City of, Allen and
upon conviction shall be
punished by a fine not to
exceed the sum of One
Thousand Dollars
($1,000.00) foci+each of-
fense.
Ordinance_ . No.
607.5.85: An"Ordinance
of the City of Alton, Cot
lin 'County, Texas,l
.Establishing a Pro Rata
Charge as,a.Prerequisite'
to Utilizing the Capacity
of ai Specifledl Sanitary
'Sewer Line and, Lift Sta-
tion; Providing for a
Severability Clause: Pro
,riding for a Penalty of
Fine Not to Exceed the
Sum of Two Hundred
Dollars ($200.00) for
Each Offense; and. Pro-
viding for an Effective
Date of This Ordinance`
That any person, firm
or corporation"viblating
anylof thelprovisidns or
terms of this ordinance,
and upon conviction
shall be punished by, a
fine' not• to exceed the
sum of; Two Hundred
Dollars ($200.00 for each
offense.
A copy of these or-
tnances may be read or
purchased in the office
of the City Secretary,
Allen Municipal Anriex,
One Butler Circle, Allen,
Marty Hendrix
City Secretary
Wished in ,the Allen
erican on Monday,
F 6, 1965 -and Thurs-
, May 9, 1985.)
Zoning '-Ordinance No.
(Published . in the tAllen' Zoning Ordinance -- No. I (published In the Allen
366=10-81,.as;heretof ore
American,• on. Monday, 366-10.81,.as heretofore American on Monday,
amended,land upo6'con-` 1
May 6, 1985 and Thurs•1 amended, and upon con- May 6, 1985_ and Thurs-
be punished :day, May 9, 1985.)
Action shall be punished
day, May 9,,1985.) viction`shall
by a fine notrto,exceed
' 'I, by-a fine' nbt.to exceed
the sura '-60OneiThou-.
the; sum"of One Thou-
rJsand JD•o_klars.($1;000.00)
sand Dollars, ($1,000.00)
'
for,each,offense.—... , '
for each offense.
'*r Ordinance No.
Ordinance No.
606.5.85: An Ordinance
606.5.85: An Ordinance.
' of the,City,of Allen, Col-
of the'City of Allen, Col-
lin County, Texas, Amen-
lin County; Texas, Amen-,
dingPlanned Develop-
ding ,Planned Develop-
ment Zoning,Ordinance
ment Zoning Ordinance
No. 370-10-81 to Include
No. 370-10.81-to Include
the'Attachment of Ex-
the ;Attachment oft Ex-
hibit "C", Appfbved Site
hiblt "C", Approved to
Plan, and, Exhibit "D",
Plan, and _Exhibit "D'.',
Approved I Landscape
Approved Landscape
Plan for Development of
Plan for Development of
a 3.7803 Tract Out
a 3.7803 Acre Tract Out
,Acre
of Peter , Fisher
of the Peter . Fisher
,the.
Survey, Abstract No. 324,
Survey, Abstract No. 324,
of Collin County,
of Collin County,
Presently Delineated on
Presently Delineated on
the' Official, Zoning Map
the Official Zoning Map
as a Portion of PD No. 1;
as a Portion of PD No. 1;
Providing -for a Penalty;
Providing for a Penalty;
-ProvidingLIfor an Effec-
ffect
Providing for an Effec-
tive Date; and Providing
tive
tive Date; and Providing
for' Publication of the
for Publication of the
Caption. "
Caption. +
- That any person, firm,
That any person, firm,
or corporation violating
orcorpofation violating
any of the provisions'or
ahy-of,the provisions or
terms-of -this ordinance
terms of this ordinance
shall+be subject to the
shall be subject to the
same penalty, as provid-
'same penalty as provid-
ed ,for in the Planned
ed for in the Planned
Development Zoning Or-
Development Zoning Or•
dinance'No. 370-10-81 of
dinance No. 370.1041 of
the City of Allen and
- the City of Allen and
upon conviction shall be
3 upon, conviction shall be
-punished by a fine not to
punish6d by a fine not to
CITY OF ALLEN'
exceed the sum of One
CITY OF ALLEN ezceed'tFi9 sum of One
Dollars
PUBLIC`NOTICE
,'Thogsdnd,.l ,Dollars
for of-
10 UBLIC NOTICE Thousand
foe each
of—Notice
Is hereby give
($1,000.00) each
' feOrd
r�Notice is hereby given ($1,000.00)'
fe
cil in their regular sea:
-
' Ordinance No.
that `the Allen City Coun-
Ordinance No.
cil In. their regular ses-Or
sion held , on Thrusday
May 2; 1985 adopted the
607.5 85: An Ordinance
of the'(City WAlleri, Col-
siod hetd on Thrusday, 807 5.85: An Ordinance
May"2, {985 adopted the .of the City of Allen, Col-
fbllowin ordinance
g
(Titles and Penalt)
lin 'County, Texas,
4Establishirig a Pro Rate
follbwirig ordinances lin County, Texas,
frT?tlss-tand -Penalty Establishing:a-Pro-Rata
Clauses only):
Charge as a PrerequisiteCharge
to Utilizing the Capacity
as a Prerequisite
,Claluses only): '
No. to Utilizing the Capacty �.
+'Ordinshce No
•605.5-85:..I4n--Ordinanc
rof_a_Specifled Sanitary
Ordinance
605.5.85: An, Ordinance of a'Specifled Sanitty
Line and Litt Sta-
of the City of Allen, Col
lin County, Texas, Amen
Sewer Line and Lift Sta
tion; Providing "-for "a
of the City of Allen, Col.Sewer
lin County, Texas, Amen- tion; Providing for a
ding Comprehensive
Severability Clause; Pro-
viding' for 'a Penalty • of
ding -Comprehensive Severability Clause; Pro-
No. viding for a Penalty of
Zoning Ordinance No.
366-10-81, of the City o
Fine Not to Exceed the
Zoning Ordinance
368.10.81 of the City of Fine Not to Exceed the
Hundred
Allen as Heretofore
Amended so as to Attach
Sum of Two Hundred
Dollars ($200.00)-'for
A1106 .aWY- 16retofore Sum of Two
Adiended so as to Attach Dollars ($200.00) for .
Each Offense; and Pro!
a Specific Use Permit for
the Accessory Use of a
Each Offense; and Pro-
viding for an Effective
a Speclflc Use Permit for
the Accessory Use of a viding for an' Effectivd
Date of'This Ordinance.
Bay Area for Tire Service,
Batteries and Ac-
Date of This Ordinance.
That any person, firm
Bay Area for Tire Service,
Batteries"- dnd Ac- That any person, firm
corporation violating
cessories Restricting
3490 Square Feet of-the
or corporation violating
any of the -provisions, or
cessories Restricting, or
"d49Q Square Feet of the any of the provisions or
of this ordinanc t.
20 000 Square Feet Ex-
panof the Wal Mart
terms of this ordinance,
and upon conviction
O,d00 Square' Feet Ex- terms
�iriilon of the Wal-Mart and upon convictib
Addition out of the 42.02
Acre Tract In the Peter
shall be punished by a
fine not to exceed the
Addition out-of•the 42.02 shall be punished by
' 'Acre Tract In the Peter fine not to exceed th
Wetzel Survey, Abstract
No. 990, of Collin Coun-
_sum of Two Hundred
Dollars ($200.00) for each
Wetzel Survey, Abstract sum of Two Hundre
No.,990, of Collin Coun- Dollars ($200.00) for each
ty, Presently Delineated
. offense.
{y o Presently Delineated offense. i
A of these o
on the Official Zoning
Map as "SC'; Providing
• A -copy of these or-
dinances may be read or
on the Official Zoning copy
M'ap as "SC"; Providing, dinances may be read
for Publication of the
purchased.in the office
City Secretary,
for, Publication of-ithe+ 'purchased,in the offic
of-the,•City Secreta
Caption.
4That any person, firm
of the'
. Allen Municipal Annex,
One Butler Circle, Allen,r,
Caption. ��►rt__� !�!
That any, person, firm Allen M661cipal Anne,
'corporetlon O1rr3 Butler Circle, Allen,
or corporation• violating
violating
any of the provisions or
terms of this,ordinance
Texas. .
Marty Hendrix
a',iy of the provisions or. Texas.,
• `Marty Hendrix
of this ordinance ,,,. r �x..L� .
shall,bersubject to,theshall
Cit Secretaryterms
be subject to the -- — —
same penalty as provid-
same penalty'as provid-
ed for in Comprehensive
ed for in Comprehensive
" AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard Jr.
BEFORE ME, the undersigned authority, on this day personally appeared who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
4/15/85
and which was issued on 4/15/85 by City of Allen
of Collin County, Texas. A printed copy of said publication is ached r to.
SUBSCRIBED AND SWORN to before me this day of W , A.D. 192" 0
OJ .
Publisher's Fee $
12.00 Notary Pugic in and for Collin County, Texas
FAL EN � `d`�
((?`�NOTICE OF
UBLIC HEARING
�1 Notice is hereby given
that the Allen City Coun-
cil will conduct a public
hearing at theii regular
meeting of be held on
Thursday, May 2, 1985, at
7:30 p.m., in the Council
Chambers of the, Allen
Municipal Annex, One
Butler Circle, Allen,
Texas, on a request for a
specific, use permit by
Wal-Mart. .,
This request. is for a
specific, use permit to
allow' to allow"for the
sale and.service of tires.
batteries, and a
cessories' at the Wal
Mart Store in the Cotton-
wood Creek Shopping ;
Centel, located at the
northwest corner of the
intersection of F.M. 2170
and State Highway 5
Anyone wishing to
speak � either FOR or
AGAINST this request is,
invited . to attend this
public hearing and voice
their opinion.
If further information
is needed, call the Allen
Municipal' Annex, One
Butler Circie, Allen,
Texas, Department of
Community Develop
ment, at 727-9171 or
424-7518.(metro)'. -
Marty Hendrix
City Secretary
(Published in the Allen
American on Monday,
April 15._1985.)