O-1668-12-98ORDINANCE NO. 1668-12-98
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN
ZONING FROM A-0 AGRICULTURE OPEN SPACE TO LOCAL RETAIL ON
0.964 ACRES OF LAND IN THE LEWIS WETSEL SURVEY, ABSTRACT NO. 975,
CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN
EXH1TT "Al' ATTACHED HERETO; PROVIDING FOR A REPEALING
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; 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 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 in the exercise of its legislative discretion, have concluded that Zoning Ordinance
No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be revised.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as
previously amended, by granting a change in zoning from A-0 Agriculture -Open Space to Local Retail (LR)
on the following described tract of land 0.964 acres in the Lewis Wetsel Survey, Abstract No. 978, City of
Allen, Collin County, Texas, and being further described in Exhibit "A' attached hereto and made a part
hereof for all purposes.
SECTION 2. The above property shall be used only in the manner and for the purposes provided for in
the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein.
SECTION 3. That 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in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 4. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remitting portions of said ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
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. 1425-5-96 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) for each offense.
SECTION 7. That 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, COLLIN
COUNTY, TEXAS, ON THIS THE 17th DAY OF DEMsER , 1998.
APPROVED AS TO FORM
/-? I-
(
Peter G. Smith, CvffY ATTORNEY
Ordinance No. 1668-12-98
APPROVED:
rl
— T
Stephen Terrell, MAYOR
ATTEST:
//Lci i n /nom
Jdfiy Morj%on, CMC, CITY SECRETARY
Page 2
' EXHIBIT "A"
SITUATED in Collin County, Texas, in the LEWIS WETSEL SURVEY,
ABSTRACT NO. 978, and being a resurvey of a called one (1) acre
tract of land that was conveyed to Albert L. Cannady et ux by Evert
Cannady at ux, in deed recorded in Volume 750, Page 139, of the
Deed Records of Collin County, Texas, being more particularly
described by metes and bounds and follows:
BEGINNING at an iron pin found at the Southwest corner of said
tract;
THENCE North 0 deg 02 min West with the West line of said tract
95.8 feet to an iron pin;
THENCE East with the North line of said tract 477.5 feet to an iron
pin set in the West right-of-way line of State Hwy. No. 5;
THENCE South 23 deg 33 min West with said right-of-way line 95.8
feet to an iron pin;
THENCE South 88 deg 57 min 33 sec West with the south line of said
' tract 439.24 feet to the PLACE OF BEGINNING and CONTAINING 0.964
acres of land.
Ordinance No. 1668-12-98
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Ordinance No. 1668-12-98