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O-979-5-90ORDINANCE NO. 979-5-90 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 AN AUTO LAUNDRY WITH SITE PLAN APPROVAL, THEREFORE RESTRICTING A PORTION OF A 4.2 ACRE TRACT IN THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED AS BEING LOCATED NORTH OF THE CHRIST THE SERVANT LUTHERAN CHURCH FRONTING S.H. 5, SOUTH OF BETHANY AND NORTH OF HIGHTRAIL, ALLEN, TEXAS; SUBJECT TO THE STIPULATIONS ATTACHED HEREIN AND THE SITE PLAN PRESENTED; PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT SHOPPING CENTER NO. 4 (PD #4); PROVIDING FOR EXHIBIT "A" SITE PLAN; 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. 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 Ordinance No. 979-5-90 - Page 1 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 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 an auto laundry facility, therefore restricting a portion of a 4.2 acre tract in the Rufus Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas, to the uses indicated. SECTION 2: That the requirements of the Site Plan as approved herein shall be adhered to in its entirety prior to the issuance of a Certificate of Occupancy. 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; provided, however, that all other provisions of said ordinances not in conflict herewith 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 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 "A" Site Plan. 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 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 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. 979-5-90 - Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 3rd DAY OF May . 1990. APPROVED: rP e Farmer, Mayor ATTEST: C4Jy Mor �sonCity Secretary APPROVED AS TO FORM: on Crov m -,-City At Ordinance No. 979-5-90 - Page 3 E 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 _PUBLIC HEARING_ FOR SHOPPING CENTER #4 - - - - - - ---------------------- of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on SundayApril_15 5990 and which was issued on April 15, 1990 by-gi o f _A 11 e n _ of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. -------� ---- - ----------------- SUBSCRIBED AND SWORN to before me this �— day of ,A.D. 19 Yo ------------ f --- � NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee V.A. TODD MY COMMISSION EXPIRES �r` December 5, 1992 NOTICE OF'eUBLIC 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 3, 1990, at 7:30 p.m.•iri the Coun cil Chambers of the Allen Municipal'Annex; One Butler Circle, Allen, Texas, to consider la request to amend Planned Development Shopping Center No. 4 by approving a site plan with specific use permit for an auto laundry, as requested' by Joe Barton King. !This request' is on property out of Rufus Sewell Survey, the southern 1 ±' acee of a 4.2 acre tract, Abstract No. 875. , , Anyone wishing to speak either FOR or AGAINST this request is invited to attend l :this public hearing and voice their opinion.- For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by, telephoning 727-0120. s/Judy Morrison City Secretary it 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 r ORDINANCE #979-5-90 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 9, 1990 & Sunday May 13, 1990 and which was issued on May 9, 1990 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. 0 1 SUBSCRIBED AND SWORN to before me this 0 day of G� ,A.D. 19 go S ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 37.80 V.A. TODD MY COMMISSION EXPIRES Q ,? •� !�,�` Dumber 5, 1992 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 37.80 —""CITY -OF ALLEN PUBLIC -NOTICE, 'i Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, 'May 3, 1990 (Title and Penalty Clause 'only): ORDINANCE NO. 979-5-90:"An Ordi-.l finance of the City,of Allen, Collin County, ;Texas, Amending ComprehensiveZoning Ardinance No. 829-11-87-of;the,City. of I llen, as Heretofore Amended, so as to I .Attach a Specific Use Permit for,ah Auto Laundry with Site -elan Approval,' Th ere "I fore Restricting a Portion of a 4.2, Acre Tract in the Rufus Sewell Survey, Abstract �No. 875, City of Allen, Colin County, Texas, Further Described as Being- Lo- Mcated North of the Christ. the SerJant Lutheran Church Fronting S.H. 5, South of SBethany and North of Hightrail, 'Allen, Texas; Subject to the Stipulations At{1 tached Herein and the Site Plan',PPe- Esented; Presently Delineated'on the Offr-� 'cial Zoning Map as Planned Development' %hopping Center No. 4 (PD#4); Provid- ing,for Exhibit "A" Site Plan; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. - ,That any person, firm or corporation violat- ing any of the provisions or terms of.this, 'ordinance ,$hall 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 ;A copy of this ordinance may be read or, !purchased in the office of.the City Secret- ary, City of Allen, One Butler Circle, Allen; Texas 75002. fudy Morrison � ity Secretary r �T CITV OF ALLEN�� PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at ' their regular meeting held on Thursday, May 3, 1990 (Title and Penalty Clause only): ' t ORDINANCE NO. 979-5-90 An Ordi- nance of the City of Allen, Collin County, Texas,, Amending Comprehensive,Zoning Ordinance No. 829-1'1-87 of the,City�of Allen, as Heretofore Amended, so,as to Attach a Specific Use Permit for an Auto Laundry with Site -Plan Approval.'Therd' fore Restricting a Portion of a 4.2 Acre Tract in the Rufus Sewell Survey. Abstract No. 875. City of Allen, Collin County, Texas, Further Described as Being Lo- cated North of the Christ the Servant. Lutheran Church, Frontirig S.H. 5, South, of Bethany and'North of Highttail; Alleri, Texas; Subject to the -Stipulations At- tached Herein and the Site- Plan Pre,- Isented; Presently Delineated on the Offi cial Zoning Map as Central Business Dis- trict (CBD); Providing for Exhibit "A" Site -Plan: Providing for a Penalty; Providing for Ian Effective Date; and Providing for Publi- cation of the Caption IThat any person, firm or corporation violat` ling any of the'provisioris 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 w City of Allen, as heretoforeamended, and r upon conviction shall be punished"by a fine i not to exceed the sum of One Thousand ° Dollars ($1,000.00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret'o ary.�City. of Allen, One Butler Circle, Allen, . - _T 75002. s/Judy Morrison —� ' City Secretary I I I I EXHIBIT "A" ORDINANCE NO. 979-5-90 i I ' 1 I N=7- 27' v 248. M' (SIGN w 24'-0' FIRE LANE k -C=D -J , w I II a /-------------- DRYIING I W y Q \ a SHE 1 I I 1 N r— -. II , W I I m I CAR WASH HotJIF CAR AASH I -Surmw-tm cm LAN0SCAP I N 24'-0' FIRE LANE I LIA DDSCAPE , LANDSCAPE - �QQnQQQn _ t 37- 27' E 249.9 SITE PLAN ti65k04 - BUILDING AREA CARWASH 2340 S.F. DRYING SHED 1200 S.F. PARKING SPACES 12 SPACES LAND AREA 26136 S.F. PAVING AREA 23608 S.F. LANDSCAPE AREA 2588 S.F. SCALE 1/11• - 1'-S' SITE DATA ® Ijl I fCdTSOM I - � . I I UBMM CHM I I I r-- ^IGMTRIAL�� crwWsaN >~siblo-mmo tj m a 4