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O-1411-3-96ORDINANCE NO. 1411-3-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERAM AND SITE PLAN FOR A SERVICE STATION AS AN ACCESSORY USE TO A CONVENiENcE STORE ON THE FOLLOWING -DESCRIBED TRACT OF LAND: A PORTION OF THE ALLEN HEIGHTS SHOPPING CENTER ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "C" SITE PLAN, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN DATE WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 after holding due hearings and affording 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 in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should be changed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, be changed by approving a specific use permit and site plan for a service station as an accessory use to a convenience store on the following -described tract of land: a portion of the Allen Heights Shopping Center Addition, City of Allen, Collin County, Texas. SECTION 2: The property described as a portion of the Allen Heights Shopping Center Addition, an Addition to the City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan attached hereto as Exhibit "C" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 5: 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 previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 7: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, ON THE 21ST DAY OF MARCH , 1996. APPROVED AS T4 FORM: A. C CITY A'FI�ORNEY Ordinance No. APPROVED: 04e �7�� ce Farmer, MAYOR MIV�j9 #dy Modl%W4SECRETARY 1411-3-96 page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN CITY OF ALLEN BEFORE ME, the undersigned authority, on this day personally NOTICE OF PUBLIC HEARING appeared DEBBIE TACKETT, who having been by me duly sworn, Notice is hereby given that, -the Allen City Council will conduct a public hearing on oath deposes and says: at their regular meeting to be held on That she is the General Manager of THE ALLEN AMERICAN, a Thursday, March 7, 1996, at 7:30 p.m. in the Council Chambers of the Allen Munici- newspaper published in COLLIN COUNTY, TEXAS, not less frequently than pal Annex, One Butler Circle, Allen, once a week, having a general circulation in said county, and having been Texas, to consider a request to attach a Specific Use Permit with site plan approv- published regularly and continously for more than twelve (12) months al to allow a service station in Planned prior to publishing Development No. 1 in the Allen Heights Shopping Center located at the northwest corner of Main Street and Allen Heights Allen Heights Shopping Center Drive. This request is on property described of which the attached is a true and written copy, and which was published as the Allen Heights Shopping Center in THE ALLEN AMERICAN on Addition to the City of Allen, Texas; fur- ther described as being located at the northwest corner of Allen Heights Drive February 7, 1996 and Bethany Drive. Anyone wishing to speak either FOR or and which was issued on AGAINST this request is invited to attend this public. hearing and voice his or her February 7, 1996 opinion. For further information, contact the Department of Community Development, by City of Allen of COLLIN COUNTY, TEXAS City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. /s/Judy Morrison City Secretary A printed copy of said publi "on is attached hereto. f - SUBSCRIBED AND SWORN to before me this day , A.D. 191 a . -j" NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $_20. 63 V. A. TODD MY COMMISSION EXPiiES " Docamber 5, ISS6 qL 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 Ordinace #1411-3-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 27 & March 30, 1996 and which was issued on March 27, 1996 by C i t y D f A 11 e n of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED ANDWORN to before me this day t/40 A. D. 19� NOTARY PUBLIC in and for COLLIN COUNTY. TEXAS Publisher's fee $_5 2 . 2 6 CITY OF ALLEN PUBLIC NOTICE Notice Is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, March 21, 1996 (Title and Penalty Clause only):. Ordi fence No. 1411-3-96: An Or mance o e�ity o en, ollin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11.87, as Previously Amended, Approving a Specific Use Permit and Site Plan for a Service Station as an Accessory Use to a Convenience Store on the Following - Described Tract of Land; a Portion of the Allen Heights Shopping Center Addition, City of Allen, Collin County, Texas; Providing for Exhibit "C",Site Plan; Provid- ing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for each Offense; Providing for a Sever- ability Clause; and Providing for an Effective Date. 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. E 929-11-87 of the City of Allen, as hereto. :ore amended, and upon conviction shall ie punished by a fine not to exceed the tum of Two Thousand Dollars ($2,000) or each offense. A copy of this ordinance may be read )r purchased in the office of the City >ecretary, City of Allen, One Butler Circle, Men, Texas 75013. /s/Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, March 21, 1996 (Title and Penalty Clause only): Ordinance No. 1411-3-96: An Or inance o e_­17ity of Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87, as Previously Amended, Approving a Specific Use Permit and Site Plan for a Service Station as an Accessory Use to a Convenience Store on the Following - Described Tract of Land; a Portion of the Allen Heights Shopping Center Addition, City of Allen, Collin County, Texas; Providing for Exhibit "C" Site Plan; Provid- ing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for each Offense; Providing for a Sever- ability Clause; and Providing for an Effective Date. 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 hereto- fore amended, and,upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000), for each offense. 'A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary yI V. Too COMMS SIG EXXfTiFESecemSer 5, 1596 CITY OF ALLEN PUBLIC NOTICE Notice Is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, March 21, 1996 (Title and Penalty Clause only):. Ordi fence No. 1411-3-96: An Or mance o e�ity o en, ollin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11.87, as Previously Amended, Approving a Specific Use Permit and Site Plan for a Service Station as an Accessory Use to a Convenience Store on the Following - Described Tract of Land; a Portion of the Allen Heights Shopping Center Addition, City of Allen, Collin County, Texas; Providing for Exhibit "C",Site Plan; Provid- ing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for each Offense; Providing for a Sever- ability Clause; and Providing for an Effective Date. 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. E 929-11-87 of the City of Allen, as hereto. :ore amended, and upon conviction shall ie punished by a fine not to exceed the tum of Two Thousand Dollars ($2,000) or each offense. A copy of this ordinance may be read )r purchased in the office of the City >ecretary, City of Allen, One Butler Circle, Men, Texas 75013. /s/Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, March 21, 1996 (Title and Penalty Clause only): Ordinance No. 1411-3-96: An Or inance o e_­17ity of Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87, as Previously Amended, Approving a Specific Use Permit and Site Plan for a Service Station as an Accessory Use to a Convenience Store on the Following - Described Tract of Land; a Portion of the Allen Heights Shopping Center Addition, City of Allen, Collin County, Texas; Providing for Exhibit "C" Site Plan; Provid- ing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for each Offense; Providing for a Sever- ability Clause; and Providing for an Effective Date. 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 hereto- fore amended, and,upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000), for each offense. 'A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary I P�ANT uf LIVE OAK 1 1 2, " CAL. 9-11' 4- S I ' NL Y (VOWN C kCLI5 VI ' IN" Cmc .MY ' 6 6-6' [fr. 6-8' MLLA-f LINK LAaSMIA INDICA N oVolw HELY 42 GUON 50" 1 'r PLU ILEX CCkNUrAl' WPUPOlW' 6+ 51 t. 1 -off, PC TTA. 2 MR = GUY WIM ANP Ha: VMCTION 1" MI,LCH A5 5MC gwow if 1 IPAGKfU MIX A5 5MGIPI5i7 (9' 5-ft�L f -PAR v � l3KOWN, TKW Af I2+ 15 M95f TUK5 - LLQ TO AVOIV ALL II I ,+AAR PrP. .�I Piki, I" ALCH A5 5KG tw" fm 1 0G](TIiLL MIX A5 CIPIR1 Not5i 1, ALL films 5HU K COMMON ffMLVA HYROMICH, . Al LANP50P WA5 %KL 9 C WWL9 PY AJrOMAf1C 1I 16iAlION 5Y5 M. TP-,,t� 1' e 3" C& arvA 5nallor not t4 vAe TM� 5TAKINCA MLN,111-fM - 00JMNfAL Wt to 5cale 1 a l.MING P.O.Pt P\..,MAN eou y3iarn GKANp pRAIRIV, 9XA5 �5oy3-iaoa 214-26�-3500 SAX 214-642.8850 5Nr000�1' L—I . n