O-924-5-89ORDINANCE NO. 924-5-89
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
829-11-87 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO
AS TO ATTACH A SPECIFIC USE PERMIT FOR A PLANT NURSERY
WITH SITE PLAN APPROVAL, THEREFORE RESTRICTING THE
SOUTHERN PORTION OF TRACT 8, ABSTRACT 990, PETER WETSEL
SURVEY, OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
FURTHER DESCRIBED AS 811 E. MAIN STREET, ALLEN, TEXAS;
PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS
PLANNED DEVELOPMENT -SHOPPING CENTER (PD -SC) NO. 5;
PROVIDING FOR EXHIBIT "O" SITE PLAN; PROVIDING FOR SPECIAL
CONDITIONS AT TIME OF PLATTING; 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. 829-11-87 should be amended because the
requested use is compatible to adjacent properties; and,
WHEREAS, right-of-way alignment for F.M. 2170 is yet to be determined.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87 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. 924-5-89 - 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 and site plan approval for a plant nursery, therefore
restricting the southern portion of Tract 8, Abstract 990, Peter Wetsel
Survey, City of Allen, Collin County, Texas, to the use indicated.
SECTION 2: That the requirements of the Site Plan as approved herein
should be adhered to in its entirety prior to the issuance of a Certificate of Occupancy.
SECTION 3: That at the time of platting, the right-of-way alignment of
F.M. 2170 will be platted and dedicated to reflect the State Department of Highways
and Public Transportation minimum radius design standards to satisfy the City of Allen
alignment study.
SECTION 4: That all ordinances of the City of Allen in conflict with the
provisions of this ordinance be, and the same are hereby, repealed; provided, however,
all other provisions of said ordinances not in conflict herewith shall remain in full force
and effect.
SECTION 5: That the above-described tract of land shall be used in the
manner and for the purposes provided for in the Schedule of Uses of Comprehensive
Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and as
amended herein by the approval of the attachment of Exhibit "O" Site Plan.
SECTION 6: 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. 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 One Thousand Dollars ($1,000.00) for each offense.
SECTION 7: 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. 924-5-89 - Page 2
t
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE i 8th DAY OF Ma �z , 1989.
/Ir
r
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
APPROVED:
oe Farmer, Mayor
ATTEST:
4dyZM&or ' on, Acting City Secretary
Ordinance No. 924-5-89 - Page 3
ORDINANCE NO. 924-5-89
EXHIBIT "O"
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
and which was issued on A n r i l 30, 1989 by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 16 e day of U , A.D. 19 '9
Publisher's fee $ 12.60
Y.A. TODD
MY COMMISSION EX
is in and for Collin County, Texas
CITY OF ALLEN-
"NOTICE,OF PUBLIC HEARING °'-
NI4 1.nj'
Notice is hereby given that the
'Allen City Council- will iconduct, a,publicj
,hearing at their regular meeting,to•be,held!
on Thursday, May 18, 1989, at 7:30 p.m. in
the Council,Chambers of the Allen Munici-
pal Annex, One Butler Circle, Allen; Texas,1
tolconsid& a request f6r a Specific"Use.
Permit with site plan approval'forYretail
nursery. The land is currently zoned -PD
SC Planned Development, ,Stropping 1
I Center No. 5., as. requested by Joe' Barton'
King.
This request lis on property out of the Peter
Wetsel Survey, Abstract No. 990.S66ihern
part of Tract 8, Collin County,, Texas;
further described as being 811 -East Main
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 DUpart' '
ment of Community:Development,.City of I
CAllen, One Butler Circle, Allen, Texas,,or by'
Etelephoning 727-0120_or 424.75181
(metro). *1 '
�Judy'Morrison i
Acting City�Secretary �.
4/30 ,
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
ORDINANCE No 924-5-89
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
May 24, 1989 and May 28, 1989
and which was issued on May 24. 1989 —,by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN
V.A. TODD
MY COMMISSION Ex►IRI
�4,Deembw 5, 1992
. `'►"s
Publisher's fee $ 34 20
,-,CITY-OF ALLEN) f4-aS 4%
1, ,,PUBLIC NOTICE 1T 2!r•, ,
Notice is hereby given that the,Allen Ci
tyl
Council adopted the following ordinance at;
'their regular meeting held �on.-7hursdiy;�
May' 18, 1989 (Titlb-,and.- Penalty, Clause
only):. '-,4' - a',.cz"'. :3'J ,nrn
Ordinance No: 92445=89:''An O(dinan`ce
of the City of, All€n;''Collin'County, Texas,
Amending Comprehensive Zoning Ordi-'
nance No..82§'11=87, of, ttie City of Allen;
as Therefore -Amended,- so-as-to-Attacha
Spebific 0se=P46`rmit:fo'r a' N&T Ndrseiy
with -Site Plan;Appr6val_ TlieFrefore' '
stricting'the' Southern Portion bf Tract�8
'Abstract 996,' Peter Wetsel'Sjin ey, of the
City of Allen, Collin County; Tezas; Further
,Described as,81,1 E. Main Street,,Allen,
Texas; Presently Delineat6d on the Official
Zoning'Map las_Planned`Development-
Shopping Center (PD -SC) No. 5; Fsroviding,
I for Exhibit "O". Site Plan; Providing for spe-1
cial conditions at time',of platting; Providing!
ifor;a<= vi
enalty; Providing for an Effective,Date; and
Providing fog Publication'of,the,Caption.
IAny person, firm or corporation violating
lariy of -the p'roivisions or terms of'this ofdi-
nance shall'be subject to1lidsame•penalty
as provided,f& in' Comprehensive Zoning
Ordinance No. 829-11-87'of, the'City,of,
Allen,,as� heretofore amendedoand �uponi
conviction shall be punished by`a'fine not toi
exceed the sum of Ohe'Thousand Dollaisi
($1,000.60)'forteach offe'ns'e-:')'
'A Copy of t�1is ordinarice'may be read -or
purchased in -the office of•ihe•City'Secret
!ary, City of Aller`�One`Butler Circle! Allen,
ITexas 75002,w ct, f'- III .t. roti
Judy Morrison a"Li;.,, n' 1o'? rro
AC71NG_CITY SECRETARY
, A.D. 19P_
Public in and for Collin County, Texas
CITY OF,ALLEN,► 7
PUBLIC -NOTICE 4 t :.
Notice is hereby giveh that'the Allen City
I Council adopted the following ordinance at
their, regularrmeeting held-ontThursday,7
May 18, 1989 (Title land. Penalty Clause
only): 1v-'-1.;,
Ordinance .No..9245-89:.An, Ordinance
of the City of Allep, Collin County, Texas,,;
Amending Comprehen'sive'Zoning Ordi-
nance No. 829-11-87:of the,City of Allen,
as Therefore Amended, so'as to' Attach;a
Specific Use Permit for a Plant Nursery
witHj Site'Plan (Approval, Therefore Re-
stncting the Southem'Portion of Tract 8,
Abstract 990, Peter•Wetsel-Survey, of,tFie'
City of Allen, Collin County, Texas, Further
Described as 811 E. Main Street, Allen,'
Texas; Presently Delineated on the Official J
iZoning Map as Planned'DdVelopment-r
' Shopping Center (PD=SC) N6.5; Providing 1
.for Exhibit "O,Site Plan;•ProV!ding for,spe-
-dial conditioris'at time of platting; Providing
for a !•
enalty; Providing�for"an Effective Pate; r nd :ji
Providing for -Publication of the Caption." I
Any person, firm or corporation, violating
any of the provisions or terms of this ordi-•I
,nance'shall be subject to the same penalty I
as provided for in Comprehensive Zoning
Ordinance No: 829-1,1-87 of the City of
Allen, tas heretofore amended, and upon
conviction shall be punished by a fine not to,
exceed the sum of One Thousand Dollars
1($1,000.00) -for each offense! - I ,
A Copy of this ordinance may be read or
[purchased'in tKd office of the City Secret'
rary, City of Allen, One Butler Circle, Allen°
Texas -75002: a'V }
Judy Morrison ' . I I
ACTING CITY SECRETARY
S 88c 58' 00' E 118.2'
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