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O-1421-4-96ORDINANCE NO. 1421-4-96 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 PERMIT FOR AN AUTO GLASS STORE IN THE BETHANY PLAZA SHOPPING CENTER ON THE FOLLOWING -DESCRIBED TRACT OF LAND: SUITE 133 OF THE BETHANY PLAZA SHOPPING CENTER, CITY OF ALIEN, COLLIN COUN'T'Y, TEXAS; PROVIDING FOR TERMS AND CONDITIONS; 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 THE EFFECTIVE DATE OF SAID ORDINANCE. 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 amended. 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, Texas, as previously amended, be and the same is hereby amended by approving a specific use permit for an auto glass store in Suite 133 of the Bethany Plaza Shopping Center Addition of the City of Allen, Collin County, Texas. SECTION 2: The property described as a portion of the Bethany Plaza Shopping Center Addition of the City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: There will be no parking or obstruction in any way of the fire lanes abutting the property pursuant to the Uniform Fire Code. SECTION 4: All on-site repairs will be confined to the interior of the facility and no repairs will occur in the parking lot. SECTION S: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 6: 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 7: 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 & 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 18TH DAY OF APRIL , 1996. APPROVED: Abe Farmer, MAYOR APPROVED A ; TO FORM: ATTEST: A.Mn- er, CITY ATIURNEY rrison, CMC, CITY SECRETARY Ordinance No. 1421-4-96 Page 2 BETHANY PLAZA SHOPPING CENTER S ecific Use Permit 717 S. Greenville S arks Auto Glass Allen, Texas, 75002 Bethany Plaza Sha i9 n Center Suite 133 100 1 1101-101 104 105 106 11� BETHANY DRIVE Suite S.F. Tenant Suite S.F. Tenant 116 118 119 120 122 126 128/130 133 F 134 / N ;--` Ln �r �?: ':: - 118 Z1 Vacant - Finished 102 I � State Farm Ins. � w..w.� M Angel's Drapes & More 103 Al Allen Pediatrics "M N 1,700 Ultimate Look Hair Salon 104 1,800 - a Cp N EL CU Movie World Video .3 o 3. 106 1,510 ' Vacant - Shell 128 3,000 Family Clinic 0 7,050 Allen ISD Fitness Center/Jazzercise CL) BETHANY PLAZA SHOPPING CENTER S ecific Use Permit 717 S. Greenville S arks Auto Glass Allen, Texas, 75002 Bethany Plaza Sha i9 n Center Suite 133 100 1 1101-101 104 105 106 11� BETHANY DRIVE Suite S.F. Tenant Suite S.F. Tenant 116 118 119 120 122 126 128/130 133 F 134 / N ;--` Ln Allen Cleaners 118 1,230 Vacant - Finished 102 I � State Farm Ins. � w..w.� M Angel's Drapes & More 103 1,200 Allen Pediatrics "M N 1,700 Ultimate Look Hair Salon 104 1,800 Allen Pediatrics 122 Cp N EL CU Movie World Video 126 o 3. 106 1,510 ' Vacant - Shell 128 3,000 Family Clinic 0 7,050 Allen ISD Fitness Center/Jazzercise CL) 3,000 -y M 1,020 Whaleback Tropical 134 1,316., cca o 0 100 1,988 Allen Cleaners 118 1,230 Vacant - Finished 102 840 State Farm Ins. 119 1,230 Angel's Drapes & More 103 1,200 Allen Pediatrics 120 1,700 Ultimate Look Hair Salon 104 1,800 Allen Pediatrics 122 1,260 Homecare Network 105 6,000 Movie World Video 126 1,500 ERA, All Stars 106 1,510 ' Vacant - Shell 128 3,000 Family Clinic 115 7,050 Allen ISD Fitness Center/Jazzercise 133 3,000 Party Plus Ordinance No. 1421-4-96 116 1,020 Whaleback Tropical 134 1,316., Micki's Cafe FOR LEASING INFORMATION: YORK REALTY, INC. 909 W. Spring Creek Pkwy. Suite 300 Plano, Texas, 75023 (214) 517-9237 .ii (17:2 iiFFJJiJ+��4 D-1 TE A J 2 Crhy�cQWrfRL ME AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally CITY OF ALLEN appeared DEBBIE TACKETT, who having been by me duly sworn, NOTICE OF PUBLIC HEARING on oath deposes and says. Notice is hereby given that the Allen City Council will conduct a public hearing That she is the General Manager of THE ALLEN AMERICAN, a at their regular meeting to be held on newspaper published in COLLIN COUNTY, TEXAS, not less frequently than Thursday, April 4, 1996, at 7:30 p.m', in the Council Chambers of the Allen Munici- once a week, having a general circulation in said county, and having been pal Annex, One Butler Circle, Allen, published regularly and continously for more than twelve (12) months Texas, to consider a request to attach a Specific Use Permit for an auto glass prior to publishing p p g . shop in Suite 133 of the Bethany Plaza Shopping Center Addition to the City of Bethany Plaza Allen, Collin County, Texas. This request is on property described of which the attached is a true_ and written copy, and which was published as Bethany Plaza Shopping Center Addi- tion, Suite 133, City of Allen, Collin Coun- in THE ALLEN AMERICAN on ty, Texas; further described as being 717 S. Greenville Avenue, Allen, Texas. March 13, 1996 Anyone wishing to speak either FOR or AGAINSTql§s request is invited to attend and which was issued on -this public hearing and voice his or her opinion. For further information, contact the March 13', 1996 , Department of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. by City o f Allen of COLLIN COUNTY, TEXAS /s/Judy Morrison City Secretary l A printed copy of said public is attached hereto. M)//, /,,- /a, iz:� SUBSCRIBED AN WORN to before me this Z_ day (Ao _l 19 q6,_ NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 19 . 2 5 p4'�•Y'y s,—� My COMMISSIT4 EXPIRES Deseii;bsr 5, 199$ IN 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 Ordinance 1421-4-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on April 24 & April 27, 1996 and which was Issued on ADril 24, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication Is attached hereto. V�,, �j'7' SUBSC IBED AN /�(�O�yRN� tto�before me thisQ/ day_ Im� A.D. 19 / 5� NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publisher's fee $ 5 2 . 2 6 V. A. TODD *d *= W COMMISSION EXPIRES December 5, 1938 CITY OF ALLEN PUBLIC NOTICE Notice,is hereby given that the Aller, :ity Council adopted the following rdinance at their regular meeting held on 'hursday, April 18, 1996 (Title and' 'enalty Clause only): Ordinance No. 1421-4-96: An )r mance o t e pity o en,' ollin ;ounty, Texas, Amending Comprehen ;ive Zoning Ordinance No. 829-11-87 as )reviously Amended,. by Approving a 3pecitic Use Permit for an Auto Glass Store in the Bethany Plaza Shopping "enter on the Following -Described Tract if Land: Suite 133 of the Bethany Plaza Shopping Center, City of Allen, Collin County, Texas; Providing for Terms and Conditions; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violating any of the provisions or terms of I this ordinance shall be subject to the same penalty as provided for in Compre- hensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amend- ed, and upon conviction shall be punished by a fine not t3 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 Secretaryr City of Allen, One Butler Circle, Allen, 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, April 18, 1996 (Title and Penalty Clause only): Ordinance No. 1421=4-96: An Or -mance o t ei-7ity of A1119n, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829.11-87 as Previously Amended, by Approving a Specific Use Permit for an Auto Glass Store in the Bethany Plaza Shopping Center on the Following -Described Tract of Land: Suite 133 of the Bethany Plaza Shopping Center, City of Allen, Collin County, Texas; Providing for Terms and Conditions; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each .Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. ' 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 Compre- hensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amend- ed, 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 — _C!_Secretary