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O-703-6-86ORDINANCE NO. 7 0 3- 6- 8 6 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 369-10-81 OF THE CITY OF ALLEN TO ATTACH A SPECIFIC USE PERMIT FOR A CHURCH THEREFORE RESTRICTING THREE (3) ACRES OF LAND OUT OF THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, AND LOCATED AT THE NORTHEAST CORNER OF STATE HIGHWAY 5 AND HIGHTRAIL DRIVE, AND TO INCLUDE THE ATTACHMENT OF EXHIBIT "E" AS THE APPROVED SITE PLAN FOR THE CHURCH, THIS PROPERTY PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PD -SC NO. 4; 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 the Planned Development Zoning Ordinance No. 369-10-81 should be amended to include the attachment of Exhibit "E", approved site plan, for development of a 3 acre tract of land out of the Rufus Sewell Survey, 'Abstract -No. 875, presently delineated on the Official Zoning Map as a portion of PD -SC No. 4. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Planned Development Ordinance No. 369-10-81 of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following described tract of Ordinance No. 703-6-86 - Page 1 land the following zoning classification, to -wit: That the area be and the same is hereby approved for zoning purposes, a specific use permit for the use of "church". Area to be officially delineated on the Official Zoning Map as "S" PD -SC No. 4, and further described as three (3) acres in the Rufus Sewell Survey, Abstract No. 875, and further described as the Northeast corner of S.H. 5 and Hightrail Drive, Allen, Collin County, Texas. SECTION 2. That the Planned Development Zoning Ordinance No. 369-10-81 of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit "E", approved site plan, for development of a 3 acre tract of land out of the Rufus Sewell Survey, Abstract No. 875, presently delineated on the Official Zoning Map as a portion of PD -SC No. 4. SECTION 3. --That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. SECTION 4. That the above-described tract of land shall be used in the manner and for the purposes provided for by Planned Development Ordinance No. 369-10-81 of the City of Allen, as heretofore amended, and as amended herein by the granting of this zoning classification. SECTION 5. 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 the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of $200.00 for each offense. SECTION 6. 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. Ordinance No. 703-6-86 - Page 2 DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 5th DAY OF June , 1986. APPROVED: NOR A P, NOR ! W --=r Kw%8 Mul 111 ATTEST: M a,+, -)�k wtk4'�L Marty Hendrix, Cit 6secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 703-6-86 - 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 Hering Notice - Christ the Servant Lutheran Church of which the attached is a true and written copy, and which was published' in THE ALLEN AMERICAN on May 11, 1986 and which was issued on 5-11-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is atAched e7t? . SUBSCRIBED AND SWORN to before me this 9th day of June , A.D. 19 86-. Publisher's Fee $ 16.80 I' , 1 yn PUBLIC HEARING I NOTICE ' . Notice is hereby given that the Allen City Coun. cil will conduct a public hearing at their regular meeting to be held on Thursday, June 5,,1986, at 8:00 p.m., in the Coun- cil Chambers of the Allen Municipal Annex, -One 1 Butler Circle, Allen, 1111 Texas, to consider a re- quest by Christ the Ser -i vant Lutheran Church for a Specific Use Permit and Amendment to Plan- ned Development No. 4 by Site Plan Approval on Three (3) Acres of Land. The request' 'for' a specific use permit and rsite plan approval_is-for the construction of a church on the three acres of land out of the Rufus Sewell Survey, Abstract No.1t 875, located at the northeast corner of State Highway 5 and Hightrail4Drive, which is presently zoned Planned Devblopment No. 4, which will allow by right any use in the "SC"� Shopping Center District. A church is an allowable use under a specific use permit.' Anyone wishingn to speak either FOR o, AGAINST this request is invited to attend this public hearing and voice their opinion. For further informa- tion contact the Depart- ment of Community Development, City of Allen, at 727.9171 or 424-7518 (metro). Marty Hendrix ,. City Secretary (Published in the Allen American on- Sunday, May 11,1986.) _ 1 Notary Pu in and for Collin County, Texas 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 #703-6-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on June 11 and 22, 1986 and which was issued on 6-11-86 by City of Allen of Collin County, Texas. A printed copy of said publication iMatt hed ereto. &=4 A SUBSCRIBED AND SWORN to before me this 14 " 11 Publisher's Fee $ 43.20 CITY -OF AL'L'EN— PUBLIC NOTICE (r - (t Notice is hereby giver ithat the following, Br dinance was adopted'by the Allen City Council it their - regular + see held on Thursday, 5, 1986 (Title and Pe Clause only): Ordinance, 703-6.86: An-Ordin of•the City of Allen, lin County, Texas, A ding i Planned Dev ment -Zoning Ordin No.,369.10-81 of the of- Allen to 'Attac Specific Use Permit Church ` 'There Restricting Three Acres of Land Out o Rufus ,Sewell Sufi Abstract No. 1.875, Located at the North Corner of,State,Higl 5 and Hightrail Drive to Include, the- At ment,of Exhibit "E the Approve Site Pla the Church, This; Pr( ly.,Presently Deline :)n Ithe 4 Official Zc Map as PD -SC No. 4; siding for a Penalty; siding for -an Effe, Date; and Providin4 Publication of the lion. That any person, Dr corporation viol) any of the provisior terms of this ordin shall be subject tc game penalty as pr ad for in the Comprr give Zoning Ordianc, 366-10.81 of the Ci Allen, as heretc amended, and upon Qiction shall be puni by a fine not to ex the sum of $200 for offense. Copies of this airiance may be ref purchased in the c of the City Secretar tyy of'AIIen,,,OnexE Glrcle, Allen Texas. ti f Marty.Hendrix City Secretary ro be published In the ,lien American on Vednesday, June 1�1, D86 -and r&inday, June 5. 1988.11 ` day of - - - y , A.D. 19 Notary PublA in and for Collin County, Texas CITY OF�►LL'EN PUBLIC NOTICE Notica' is hereby,glven that the following ordl nance was adopted by the AIIen.City Councll •In their regular, session held on Thursday, June 5, 1986 (Title and Penalty - Clause only): Ordinance No.703-6'86:. An 6�6i: nance ',of ' the City 'of Allen, Amending Planned Development Zo((��ing Ordinance No.C169.10-81 of the City of Allen' =,to Attach' a Specific Use Permit for a Church Therefore Restr. iction Three (3) Acres of Land Out -of the ,Rufus Sewell Survey,'Abstradt No.875, and Located at the Northeast Corner of State Highway 5 andl Hightrail Drive, and . to Include • the Attachment of Exhibit ­E­9!the Approve Site Plan fot the Church. This Property Presently -Delineated on the Official Zo6ing Map as PD-SC'Nb.4; Providing for a Penalty; Providing for an Effective Date; and Providing for Publi- cation of,the Caption. That ,any person, firm, or co�poration-violation any of the provisions of Fterms of this ordinance shall be subject to the same —penalty -,_2e ' in.'`in the exceed the sum bf $200 fbr'each offense. ' + Copies of thi'sL ordi- nance' may- be read or purchased in the office, of the City Secretary' , City of Allen, One Butler `Circle, Allen, Texas.�" Marty Hendrix City Secretary (To, be published„in,the Allen American on Wednesday, June 111, 1986 and Sunday, JunE 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 #703-6-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on June 11 and 22 1986 and which was issued on r)_1 1-8r, , by City n f Allan of Collin County, Texas. A printed copy of said publication is attache here o. SUBSCRIBED AND SWORN to before me this 16th day of July , A.D. 19 8 6 Notary Pu6)lc in and for Collin County, Texas Publisher's Fee $ 38.40 1 1 m , ,.., _ .- E r -Y.l� R w-,..... w.•.s. ...«..--. ,. ...,. ............,. ...-,•.... •..—•... «... .....r . ... ....... .. .. ...a...,.. ....-..._ �,-_.e .a y_ v_..--.�-.e._..,.,...-_-ks..-.. _. _.—... .r f+ rr •w ..J..,�. CHRIST E SERVANT LUTHERAN CHURCH SPECTFIC USE PERMIT a' V r 1 .d r. r 1 r ' F'; 1'. y ry p , r rv.. y , e' , L .. 1 i �r 6. I {'y •9 y k I r I I� T 4 y Ali "� •:I,/-, I + ..� 1 t � � h •PH" "..� 4• A b. { , . W j: 1y 4 4, I r k � ( ..I" j r' , _ _l i ,r Yd �_,.� ry n - tl I !. ' ,. 1"'. � t I _... 1 .r .... _ . � , ,. f, - � ,. r .. _. _ .. .. .. •. ., ,. _ _ ,. ��,. _._._ _. . - _ r., .. ,. ... ... ..... _. wy .r L. .r . , .9. I � ... ...� ._ ,.. ,... , ., _ t.4 ., r _. d _, .., I _r.._ V r 1 .d YEAR CITY OF ALLEN ORDINANCES & RESOLUTIONS ORDINANCE/RESOLUTION j o'� DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (numb r) 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.