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O-610-5-85ORDINANCE NO. 610-5-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 368-10-81, AS HERETOFORE AMENDED TO ALLOW "LP' LIGHT INDUSTRIAL USES, ON 2.0661 ACRES PRESENTLY RESTRICTED TO "SC" SHOPPING CENTER USES, AND TO ALLOW "SC" SHOPPING CENTER USES ON 4.387 ACRES PRESENTLY RESTRICTED TO "LI" LIGHT INDUSTRIAL USES TO INCLUDE THE ATTACHMENT OF EXHIBIT "E", 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, having 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 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 the Planned Development Zoning Ordinance No. 368-10-81 should be amended as heretofore amended to include the attachment of Exhibit "E", describing a 2.0661 acre tract of land presently restricted to "SC" Shopping Center uses to allow "LI" Light Industrial uses, and a 4.3087 acre tract of land to "SC" Shopping Center uses, and presently restricted to "LI" Light Industrial uses. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That the Planned Development Zoning Ordinance No. 368-10-81 is hereby amended to include the attachment of Exhibit "E" which shall govern allowable uses on a 2.0661 acre tract of land previously restricted to "SC" Shopping Center uses, Ordinance No. 610 - 5 - 8 5 - Page 1 and now allowing "LI" Light Industrial uses, and a 4.3087 acre tract of land previously restricted to "LI" Light Industrial uses, and now allowing "SC" Shopping Center uses. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 3. That the above described tract of land shall be used in the manner and for the purposes provided for by the Planned Development Zoning Ordinance No. 368-10-81 as herein amended by the approval of attachment of Exhibit "E". SECTION 4. 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 Planned Development Ordinance No. 368-10-81 of the City of Allen, 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 5. Whereas, it has been found through planning, studies, and analysis of the properties described in Exhibit "E" hereto, that a change of conditions exists from the original zoning of such described property, and it is now necessary that it be given the zoning classifications described in Exhibit "E" in order to permit its proper development, and in order to protect the public interest, comfort, and general welfare of the City of Allen, Texas, this ordinance shall take effect immediately from and after its passage and publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 16 DAY OF MAY 1985. APPROVED: Donald P. Rodenbaugh, Mayor Ordinance No. 6 1 n - g,- g 5 - Page 2 ATTEST: Marty Hendrix, Ck Secretary APPROVED AS TO FORM: A. - y ttorney Ordinance No. 610-5-85 - Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared MINIM who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ordinance #1s610-5-85 & 611-5-85 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on May 20, 23, & 24,1985 and which was issued on 5/20/85 by City of Allen of Collin County, Texas. A printed copy of said publication is a ached..hereto, SUBSCRIBED AND SWORN to before me this 17th day of June A D 19 85 '_13 • �.c� Publisher's Fee $ i Notary Pu -c in and for Collin County, Texas -CITY OF ALLEN ' �,j "_CITY OF AL'L'EN— AWPUBLIC NOTICE JYjI PUBLIC NOTICE Notice -is All hereby given that the Allen City Coun l�� Notice Is hereby divan CITY OF ALLEN a any person, firm I F6 . F6 adopted the following ordinances in th'sIr that the Allen City Coun- cil adopted P d the n- their ordinances 'in' their or cor oration violating PUBLIC NOTICE anyof provisions or � regular session held 851 Thursday, May 16, 1985 '.regular session held on Notice is hereby given � terms f -this ordinance Thursday, y , y, Ma 16 ._1985 that•the Alli;n City Coun- shail be subject, to the oil adopted the following . (titles and Penalty, Clauses only.) (titles ( tles and•, Penalty Clauses only.) `_-` same' penalty as provia- ordinances in their ed for in Planhed Ordfnanee No.+ Ordinance Ordlnaeee''' No. regular session held on Development Ordinance 610-6-85: An 610.5 85• An Ordinance Thursday, May 16, -1985 - No. 368.1081 of the City, (titles and Penalty ,l of the City of Alleri Col - lin County, Texas, Amen- of the City of Allen, Col -- �- lin County, Texas, Amen- Clauses only.)of`Allen, and upon con- • t viction shall be unished 0rdinaAce' �No- p ding •Planned Develo - P ment ZoningOrdinance ding Planned Develop. 6105.85: Ah-O�ainance by a fine not, to exceed the sum of One Thou No. 368-10j81, as ment Zoning Ordinance, No.,' 368-10-81;. as, of the City;of Allen, -Col- sand Dollars ($1,000.00) Heretofore /Amended to Heretofore Amended to lin County, Texas, Amen- ding Plahh'ed-' Dev6lop for each offense. Allow :'Ll" Light In*. dustrial•Uses; on 2.0661 Allow ' "LI" 'Light In. dustriil'Uses ment Zonin -Ordinance Ordinance No. 9 , _ 611.5.85: An Ordinance Acres Presentl Y 61 , Presently Acres Presently No. 368.10.81, as of the City of Allen, Col- Restricted to "SC" Shop= t Restelcted to "SC" Shop - Heretofore Amended to Allow "LI" Light In- �I lin County; Texas, Amen- Ping Center Uses, and to Allow SC" Shopping. ping Center Uses, and to ding Sectian' 2 dustrial Uses, on 2.0661. , "Establishment of Center Uses on 4.387 Allow''"SC" Shopping; C , Center -,Uses ori 4.387 Acres Present l y Library Board""of"Or- Restricted to "SC" Shop- dinance No. 418=11.82 of Acres Presently Restricted to "LI",Light Acres Presently, Restricted lto ""LI" Ligh ping Center Uses, and to , the City of Allen, Tekas; Allow "SC" .Shopping Industrial Uses to In- clude the -Attachment Industrial Uses , to In - , and Providing for an Ef- Center Uses on 4.3$7 Date. (Subject 'Presently of Exhibit "E", Providing ,, clude'thelAttachment of Exhibit 'E"yiProviding Acres ently amendment to add to ad- "LI” ford Perfalty Providing for Penalty„Providing Restricted to Light ditional members to the Industrial "Uses to In- for an Effective Date, and foran Effective Date, and ; Library Board fora total clude the Attachment of board membership of "E",, Providing for Publication of the:Caption. )of Providing_for.Publication the Caption- -- ..Exhibit Providing seven (7).) That any person-, firm That,any person,•firm for a Penalty, Providing for an Effective Date, and I Copies of these or- or corporation violating P 9 orcor 'ofation, violatin p g dinances may, be read or Providing for Publication, purchased in the office any of the provisions or terms of this ordinance- anyof•the provisions or terms of this ordinance of the Caption. r of the City Secretary, shall be sub Ject to the shall be subject•;to the Allen Municipal 'Annex, lama penalty as provid- same penalty as'rprovid- One Butler'circi'e, Aller, ed ' for 'bn Planned ed -for ;in Planned Texas. " Development Ordinance Development- Ordinance r ' Marty Hendrik No. 368-10-81,of, the City No. 36810 81 of the City �City8ecretary of Allen, and upon -con- of Allen,, and -upon -con - (Published In the Allen viction shall be punished Action shall be punished American•. -on -Mond y;l =May 20,x1985 and Thulst by a fine not" to exceed the sum of --One Thou- by a fine not, to exceed the sum :of One •Thou- tay, May.23, 1985.) sand Dollars -($1,000.00) sand Dollars ,($1,000.00) - - for each offense- i for each offense. • ►Ordlnarfbe No., Ordinance, A No. 611.5.85: An Ordinance 811.5.85: -An f Ordinance of the City ofAllen, Col-, of the Cify of Allen, Col- Iin County, Texas, Amen= lin County, Texas, Amen• ding r Section' 2 ding Section 2 r'Establfshrfient' of "Establ'ishmen"f' of ,Library-, Board" r of Or-_ I -Vary Board"f of Or- dinancNo. 418-11-82 of dinance No: 41'8.11-82 of the City of Alleri, Texas; the City -of Allen„Texas; and Providing for an Ef- and Providing foS,an Ef- fective. Date. (Subject ifective, 'Date. (Subject amendment to add to ad- amendment to add to ad- ditional members to the Library Board for total ditlonal •members to the [Library Board for a total a board membership of board membership of �Sdvan `' seven (7):) (7).) , a Hendrix Copies of these or- Coples; _ofi ,these, or- art'y'F114-7 ndfix y 'Cit9S'ecretary -the dinances miy-be,read or purchased In tits office dinifnces may be,read or _„� City Secretary purchased, In' th8;bffIce (PublistQ in tHe'Allen, (Published In Allen Mdnday, of the City Secretary, of 'the,',,Clty.Secr`etary, American,' on• -Monday,. JAllen 'Annex, American on � May 20;,1985 and Thurs- Allen Municipal • Annex, One Butler circle, Allen, . Munlclpil May, 20, 1985 and Thurs- One Butler circle', Allen, Y ` day; INa 23 T9tsi.)» - day; May 23;°•1985-)• �” TAYAR "� , Texas. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard Jr. BEFORE ME, the undersigned authority, on this day personally appeared , who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Notice of Public Hearing Shelley Realtors of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 4/29/85 and which was issued on 4/29/85 'by City of Allen of Collin County, Texas. A printed copy of said publicationis shed hereto. 44, 9 t4y , 4 a , , 6 — SUBSCRIBED AND SWORN to before me this �- day of Y� , A.D. 19- 1915 Notary Pu 'c in and for Collin County, Texas Publisher's Fee $ 18.00 ��. NOTICE OF PUBLIC ,HEARING Notice Is hereby given that the Allen City Coun-� cil will conduct a public Ihearing at their regular meeting'to be held on Thursday, May 16,' 1985, at 7:30 p.m., in the Coun. cil Chambers of the Allen Municipal Annex, One1 Butler 'Circle,-' Afien, Texas, to consider, ai re- -quest- for reioning 6`t# acres of land by-Nelsdni Engineering Corpora -I tion, agent for Shelleyl Realtors- ,+ The.,request is to change.the present zon- ing of LI (Light Industrial) 4.9" Screw, . and SC (Shopping ,Center) 1.1 acres;;to SC` (Shopping Center),4.9 acres, and LI (Light Industrial) .1.1i 'acres., This request for, zoning change- I's on 6t acres of land • In the William Perrin ,Survey, Abstradt,No. 708, Collin County, Texas, and delineated on the official zoning, map as a portion of "PD" Planned Development No. 3. This property is furth.eri described asr being ap- proximately ' a` 250 foot width of land located on the north side of Bethany Drive, and' ex- 11 TELEDYNE POS7 N3701 3 7- 4 J, AKZNPft 41T V6 'Pt c Ti, kv , mi AM Y4 ly� 0,04 -Allent,-.0 0"1 0 Ila T Vp r 4 ribed 4 to in 4 t kh lv, IR 'd W R it rid. �,:O 0- 00 t r q 'W, 07 TV N t t i ins .0 W 0 c t ov �Qu t t 9 V W, 6 0 (y W 5.; u r + 4' 4 to 3 0, 3 Qq 0, A a 01, T11,1241i c 9 t 0, 2:, c EXHIBIT "E" ZONING, EXHIB, CQLI,.,I.N, COUNTY, TEXAS Survey, T7 4 F Y.: ,Prawn a A d NEQ-,C 0 JV U1 7*1 At Q: NO, 10 A$7$ 32 EX '(24 7,111 F T A 1", Moog CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR [ q 0 - ORDINANCE/RESOLUTION & `o DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.