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O-791-5-87ORDINANCE NO. 791-5-87 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 A CHURCH THEREFORE RESTRICTING SUITE 115 OF THE BETHANY PLAZA SHOPPING CENTER, A MULTI -USE STRUCTURE LOCATED IN THE BETHANY PLAZA SHOPPING CENTER ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, OUT OF THE WILLIAM PERRIN AND R. SEWELL SURVEYS, ABSTRACTS NO. 708 AND 875; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS "SC" SHOPPING CENTER; PROVIDING FOR A TERMINATION OF THE USE; 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 Comprehensive Zoning Ordinance No. 366-10-81 should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the 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. 7 91- 5- 8 7 - Page 1 That the area be and the same is hereby approved for zoning purposes, a specific use permit for a church therefore restricting Suite 115 of the Bethany Plaza Shopping Center, a multi -use structure located in the Bethany Plaza Shopping Center Addition to the City of Allen, Collin County, Texas, out of the William Perrin and R. Sewell Surveys, Abstracts No. 708 and 875, presently delineated on the Official Zoning Map as "SC" Shopping Center. SECTION 2. That upon vacation of the premises and abandonment of'the use by the Allen Church of Christ, the specific use permit shall be terminated and Suite 115 of the Bethany Plaza Shopping Center shall then be used for purposes allowed under the "SC" Shopping Center district. 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 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 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 One Thousand Dollars ($1,000.00) for each offense. SECTION 6. That it appears the above-described property requires that it be given the above zoning classification in order to permit its proper development and, in order to protect the public interest, comfort, and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. Ordinance No. 791-5-87 - Page 2 DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 7th DAY OF MAY , 1987. APPROVED: -APPROVED AS TO FORM: A. Don Crowder, City --Attorney ��Donald P. Rodenbaugh, Mayor ---- ATTEST: ff\ a'A� Marty Hendrix, C , City Secretary Ordinance No. 791-5-87 - Page 3 1 ORDINANCE 791-5-87 ATTACHM$NT 1 I i eL%31 IMf. - KN1NF0 Z 7 �T[�1fbAAlh/ rAR71C1ANi� Z.-: «coc '7<vt71— ALL E>r o' 15' De V 400.0' _ ..•oww• cc.cc ORDINANCE `791-5 £87i SIR, ATTACHMENT- 2 .r .i: -v c°w. - ISO = r .wowaa t.. so-o•ac - ` NEW BUILDING 1 r ;�• n =I Q"' •-CY• ,a/N i •Wto No" • .w �u • ` r" 1 actor a �• vtw, avoir; i.doc I 1 �osr 35,787 SE c 1 1 f .••• •i'». ss oc OTL 1 , AREA- A 0 14,287.5 S.F. t w I' ' "�'"'' � - �� a '•�� 1 , FENCE SECTION i ! I " I , I � " w•wT f �'/ o 1 :• I I t �tl L l7'L { •' coot •.o- wo cu••e 1 . rt ..0 3#3 12_QC to { 1 I . I • J o DUFrIPTSTER PAD b " ; LEGEND 01 I c I u LAND AREA 160,000 S.F. I p4 <' ,oi-,r I , to c' �s- "' u ! EASEMENT: k = _ TO STATE 2,000 S F i.i .. r. _ _ • • _ _ _ _ _ . —__ y __.__ -� � TO CITY 400 S.F 2,400 S.F - 2,400 S F I :o, FIRE LANE S UTILITY- 37,501 SF 157600 S.F. - 3� 501 5-F _ vi ' I TOTAL USABLE LAND AREA 120,099 SF a �� BUILDINGS- I 1 ' (Q 1 STORY - M TYPE IV I- HR • I la. a A rt - +' MAX 15,000 S.F ft tv 1„ W CD 1�' ' Q 1 - - \''•a `- ^ I b; { 1 RETAIL CENTER SHELL ONLY i, i J 2 1`. I m\0. 1 BUILDING I 1 1 1 --- r ---.-- - - i t-'-- — _ - •� -- - 3 BUILDINGS W/4 HR SEPE RATION A 6 C 14,287. 5 S.F 28,575 S E B• 7,212 SF 3 787 SF ro-o' •� •o o ,=o n -Cr 2.=0 •-o' •-� • .� •-t' t• -o' :(-o •a w o' .-o- :•-o a -i `�. �; 1 • - b t BUILDING II 3,000SF TOTAL -BLDG I a II 38,787 S F 38,787 S F NEW LOT COVERAGE 24.61 % "` '°°- - - BUILDING II { ( "t (� - • - - - ' " - i - 3,000 S F 1 PA R K 1 N G wt -- •� ' •REO'0 REO,D PROVIDED as t✓' ": —• c + k:-- "c O 2,491 S F 10� WOO S.F • 25 2,500- 9.999 S F 7.5/WOOD SF • 56 ; 1 ° 10,000 OVER 53/I,000SF 159 r I TOTAL 240 2 1 1 1 1 41 I 1 w _ 1 S I i t _ t, .r C I; I 1 � LANDSCAPING R;:C,D 5..120,099=6,004-PROVID_D 2300 S F 4 - Raw i 1 11 i j i 14, bl 60 2c •c so w too j b, • i M 30. 3S• 00'aE 400 O i •-• rtwt :I ! as 2i wl FIRE inaw.w• •wa• .� * I •w0• t• j "TOO.%? OCO Ir ' GREENVI LLE AVE lSTATE HWY NO 5) rj, SITE PLAN 2e �1 PLAN z_NnRMH_ —j uu N X W Or -LU W Y WZ Q CD U. = J� U Dab toccY m - w Q O �-J t Q O Q Q "7 tnc:1C JOB NO. -5aIrT-- DATE= 1a/4793_ _ SHEET NO. 1 , AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE AIE, the undersigned authority, on this day personally appeared R. WAYNE WEDG E\\'ORTH, 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, Tc\as, not lets freLlucntly than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Notice of Public Hearing - Request ofr a Specific Use Permit for a Church Facility of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on April 8. 1987 and which was issued on April 8, 1987 of Collin County, Texas. A printed copy of, said publication i SUBSCRIBED AND SWORN to before me this 11th Publisher's fee S 15.30 F• e City of Allen tache day of bray A.D. 19 87 Notary PubO in and for Collin County, Texas 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, May 7, 1987, at 7:30 p.m., in the Council Chambers of the Allen' Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for a sped is use permit to allow a church facility in the` existing' Bethany Plaza Shopping Center building as requested b� the Alleh Church of Christ.- This hrist:This request for a specific use permit for, a church facility is on property currently, zoned for "SC” Shopping Center located at 717 S. Greenville, the northeast corner of Bethany Road and State Highway 5, being out of the William Perrin and R. Sewell Survey, Abstract No. 708 and Abstract No. 875, Collin County, Texas. -- Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. For further information contact the Department of Community Development, City of Allen, at 727-9171 or 424-7518. Marty Hendrix, CMC, CITY SECRETARY (TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, APRIL 8, 1OA7 AFFIDAVIT AND'PROOV OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Texas, not less I'rCLlucntly than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Public Notice - Ord. # 790-5-87, #507-5-84, #791-5-87, #366-10-81 which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on May 13, and 17, 1987- and 987 and which was issued on May 13, 1987 of Collin County, Teras. A printed copy of said publicat tac SUBSCRIBED AND SWORN to before me this 15th day of Publishers fee s 59. 40 CITY OF ALLEN PUBLIC NOTICE No Is hereby given that the Allen City Council adopted the following ordinances at their regular meeting held on Thursday, May 7, 1987 (Titles and Penalty Clauses on ): rdinanoe No. 790.547: M Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 871-1-88, and Amending Planned Development Zoning Ordinance No. 507-5-84, to Include the Attachment of Exhibit `E', Amended Approved Concept Plan, Land Use, and Area Regulations for Develop0ment of the, 358.7 Acres of Land out of the 498.57 Acre Traci Located to the G.W. Fofd Survey.'. Abstract No. 328, and the R.C. Whisenant Survey, Abstract No. 1012, Collin County, ° Texas, Presently Delineated on the Official ' Zoning Map as Planned Development No-, 22; providing for a Pernilly; Providing for, an Effective Date; and Providing for Publi cation of the Caption. That any person, firm, or corporation violating any of the provisions or terms of, this ordinance shalt be subject to the acme penalty as provided for in Planned Deva lopmert zoning Ordinance No. 507-5-84 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) for each offer". ,.,�7: ( Ordinance No. 791-5-8, An Ordinance of the City of Allen, Collin County, Texas, Amending comprehensive Zoning Ordi- nanoe No. 388-10-81 of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for a Church Therefore Restricting Suite 115 of the Bethany Plaza Shopping Center Addition to the City of • Alton, Collin County, Texas, out of the William Perrin and R. Sewell Surveys, Abstracts No. 708 and 875; Presently Deli-: nested an the OfBdal Zoning Map as'SC'r Shopping Carter; Providing for a Terming - tion of the Use; Providing for a Penalty;, Providing for an Effective Date; and ;Providing for Publication of the Caption. That any person, firm, or corporation , violating any of the provisions or terms of Oft ordinance shall be subject to the same penalty as provided for in the Conprehen- 'sive Zoning Ordinance No. 388.10-81 of the City of Allen, as heretofore amended.' and upon conviction shall be punished by a ; fine not to exceed the am of One Thou-' sand Dollars ($1,000.00) for each offense. Copies of these ordinances may be read or purchased M the Office of the City Secretary, One Butler Circle, Allen, Texas. Marty Hendrix, CMC CITY SECRETARY ITO,BE•'PUBLISHED 'IN 'THE ALLEN; AMERICAN ON WEDNESDAY, MAY 13, l 1987 AND SUNDAY, MAY 17, 1987.) ^the City of Allen ne , A.D. 19 87 Notary Publi in and for Collin County, Texas �LlsCITY OF ADEN i Hereby given that t PUBLIC NOTICE ' a Council adopted the following Ordinance$ at their regular meeting held on Thursday, May 7, 1987 (Titles and Penalty Clauses onhr): Inanos No. 790-5-87: M Ordinance of the City of Allen, Collin County, Texas,. Repealhp•Ordinance No. 871-1-88, ands 'Amending Planned 136"16 5ftnt Zoning Ordinance No. 507-5-84, to Include the Attachment of Exhibit 'E', Amended( ',Approved Concept Plan, Land Use, and Area Regulations for Develop0ment of the 358.7 Acres of Lard out of the 408.57 Acre Tract Located In the O.W. Ford Survey, Abstract No. 328, and the R.C. Whisenant Survey, Abstract No. 1012, Collin County, Texas, Presently Delineated on the Official s Zoning Map as Manned Development No. 22; Providing for a Penalty; Providing for an Effective ; and Providing for Publl- cation of the Caption. That any person, firm, or corporation 1: violating any of the provisions or teens of this ordinance shalt be subject to the same I' penalty as provided for In Planned Deve- lopment Zoning Ordinance No. 507-5-84 of the City of Allen, and upon conviction shag be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. - Ordinance No. 791-5-87 'An Ordinance of the City of Allen, Collin County, Texas, Amending comprehensive Zoning Ordl- nonce No. 388-10-81 of the City of Allen as Heretofore Amended so as to Attach a Specific Use Permit for a Church Therefore Restricting Suite 115 of the Bethany Plaza Shopping Center Addition to the City of Allen, Collin County, Texas, out of the William Perrin and R. Sewell Surveys, Abstracts No. 708 and 875; Presently DeN-, nested on the Official Zoning Map as "SC' I Shopping Carrier; Providing mhM a Tea-, tion of the Use: Providing for a Penalty;; Providing for an Effective Date; and, Providing for Publication of the Caption. That any person; firm, or corporation violating any of the provisions or terms of Oft ordinance shall be subject to the same penalty as provided for In the Comprehen- sive Zoning Ordinance No. 388-10-81 of the City of Allen, as heretofore amended, and upon conviction $f ism be punished by a fine not to exceed the sum of One Thou- sand Dollars ($1,000.00) for each offense. Copies of these ordinances may be read or purchased In the Office of the City Secretary, One Butler Circle, Allen, Texas. Marry Hendrix, CMC CITY SECRETARY (TO BE PUBLISHED IN'THE ALLEN AMERICAN ON WEDNESDAY, MAY 13, 1987 AND SUNDAY, -MA -Y--17,1987.)