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O-1424-5-96ORDINANCE NO. 1424-5-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT FOR MINIWAREHOUSES WITH SITE PLAN APPROVAL ON THE FOLLOWING - DESCRIBED TRACT OF LAND: 2.472 ACRES OF LAND LOCATED IN THE CENTRAL BUSINESS DISTRICT, THE WILLIAM PERRIN SURVEY, ABSTRACT 708, TRACT 44, CITY OF ALLEN, COLLINi 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 SEVERABIIITY CLAUSE, AND PROVIDING FOR THE K71VE 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 miniwarehouses with site plan approval on 2.472 acres located in the Central Business District, William Perrin Survey, Abstract 708, Tract 44, City of Allen, Collin County, Texas. SECTION 2: The property described as 2.472 acres out of the William Perrin Survey, Abstract 708, Tract 44, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION I The site plan, attached hereto as Exhibit "A" and made a part hereof for all purposes, shall be adhered to in its entirety subject to staff changes as identified in Section 4. SECTION 4: The Director of Community Development will have the authority to make site plan changes that will accommodate a reconfiguration of Butler Drive. SECTION 5: 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 8: 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 ALLEN, TEXAS, ON THE 2ND DAY OF MAY ,1996. APPROVED: 45��e � &-�� ce Farmer, MAYOR APPROVED AS TO FORM: ATTEST: Ordinance No. 1424-5-96 Page 2 BLDG A NEI' S I TE PLAN ARES IN SGT. FEET / PERCENTAGE BLDG. A BLDG BI BLDG. 82 BLDG. C BLDG. DI BLDG. 02 BUSINESS BLDG. CONCRETE PAVING TOTAL NON -PERM. AREAS UNTOUCHED AREAS ON SITE LANDSCAPED AREAS OFF SITE L.S AREAS TOTAL AREAS 2217 10537 3200 12785 10567 3096 1379 41133 84914 20349 6302 4855 1.99 % 10.59 % 2.86 % 11.46 % 9.47 % 2.77 % 1.24 % 36.87 % 76.11 % 18.24 % 5.65 % 4.35 % 111565 100.00 % � ;., [[i' j '.j N, •j rt r '� , p}11 r,�r �rL `} tfj �� :.� W•'�1 ay�• P }W ri �! r � li! 1j'�a r � ' : ' ':1: �! '•t �7 �, ' ry .' yi k •r, 4"1 tta j�dl .ti i !• l ra 1 `� i c * r ! 1 yj. i�. •.-1 d` ��"�,i t• �.i 1�Y �`ji y., j�I����1 i, .l,•' �1j Ic�rT '�+1 !{� ,�� l.t ; 4 � li� J . T_ .: r: i iii ..r � .�� 7Y 'i 1Ji� yf ti� C �a d J � � i.,rt {4,, . • k •ry i d . rl f � �,, .. r •t .. w . Y .' _ a i r `� � - � — r:.�M xrr».r^iirr, IJ Ic r iflance No. 1424-5-96 bbi t , 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 CITY OF ALLEN newspaper published in COLLIN COUNTY, TEXAS, not less frequently than NOTICE OF PUBLIC HEARING once a week, having a general circulation in said county, and having been Notice IS hereby given that the Allen Council will conduct a public hearingat published regularly and continously for more than twelve (12) months City their regular meeting to be held on 7:30 In. prior to publishing Thursday, April 18, 1996, at P.M, the Council Chambers of the Allen Munici- 2 . 4 7 2'` a c r e / W Perrin Survey pal Annex, One Butler Circle, Allen, Texas, to consider a request to allow of which the attached is a true and written copy, and which was published mmiwarehouses by Specific Use Permit in THE ALLEN AMERICAN on with site plan approval. This request is on property described as a 2.472 acre tract of land located in the M'a r c h 27, 1996 William Perrin Survey, Abstract No. 708, Tract 44, City of Allen, Collin County, and which was issued on Texas; further described as being located east of'Butler Drive and south of, McDermott Drive. March 27, 1996 Anyone wishing to speak either FOR br { AGAINST this request is invited to attend this public hearing and voice his or her by City of Allen of COLLIN COUNTY, TEXAS opinion. For further information, contact the Department of Community Development, A printed copy of said publ' ation is attached hereto. City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. /s/Judy Morrison (Qz1 �//"- City Secretary — — — — SUBSS�R IBED AND WORN to before me this day_ I/ A.D. 19 / 4 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 19 . 2 5 V. A. TODD * *` My COMMISSION EXPIRES ;�;� December 5, 5996 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 #1424-5-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on May 8,& May 11, and which was Issued on May 8, 1996 by City of Allen MEN of COLLIN COUNTY, TEXAS A printed copy of said pub' Is attached hereto. C - V1,c SUBSCRIBED ND WORN to before me this h_ day y�, A.D. 19 '96 — d _JA4 t_ NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publisher's fee $ 5 5 . 0 0 V. A. TODD *E *= MY COMMSSION EXPIRES F OF F December 5, 1996 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, May 2, 1996 (Title and Penalty Clause only); Ordinance No. 1424-5-96: An mance o t e I Coty o en, ollin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87 as Previously Amended, by Approving a Specific Use Permit for Miniwarehouses with Site Plan Approval on the Following - Described Tract of Land: 2.472 Acres of Land Located in the Central Business District, the William Perrin Survey, Abstract 708, Tract 44, City of Allen, Collin County, Texas; Providing for Terms anFine nottitosEx a di theoSumof Penalty wo I of Two 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 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 or Purchased ordinance sedin eoffi a ofythe Cbe ity Secretary, 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, May 2, 1996 (Title and Penalty Clause only): Ordinance No. 1424-5-96: An Or mance o e_City o en, -Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87 as Previously Amended, by Approving a Specific Use Permit for Miniwarehouses with Site Plan Approval on the Following - Described Tract of Land: 2.472 Acres of Land Located in the Central Business District, the William Perrin Survey, Abstract 708, Tract 44, City of Allen, Collin County, Texas; Providing for Terms and Conditions, Providing for a Penalty of a 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 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