O-680-3-86ORDINANCE NO. 6 8 0- 3- 8 6
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE
FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO"
(AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO PERMANENT
ZONING OF "PD" (PLANNED DEVELOPMENT) NO. 35, SAID TRACT OF
LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 180.170
ACRES OF LAND LYING IN THE FRANCIS DOSSER SURVEY,
ABSTRACT NO. 280, AND THE GEORGE PHILLIPS SURVEY, ABSTRACT
NO. 719, COLLIN COUNTY, TEXAS; PROVIDING FOR USE
REGULATIONS; PROVIDING FOR A LAND USE MAP; PROVIDING FOR
A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) 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 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended,
should be amended:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as
previously amended, be and the same is hereby amended by amending the Zoning Map of
the City of Allen on a 180.170 acre tract of land described in Exhibit "A" attached
hereto and made a part hereof for all purposes by changing the zoning classification
from "AO" (Agricultural -Open Space) to permanent zoning of "PD" (Planned
Development) No. 35.
Ordinance No. 6 8 0- 3- 8 6 - Page 1
SECTION 2. That the Use Regulations and other data described as Exhibit
"B" and attached hereto and made a part hereof for all purposes shall be the governing
regulations for PD (Planned Development) No. 35.
SECTION 3. That the Land Use Map approved and described as Exhibit "C"
attached hereto and made a part hereof for all purposes shall be adhered to in its
entirety for the purposes of development of PD (Planned Development) No. 35.
SECTION 4. • 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, all other provisions of said ordinances not in conflict herewith shall remain in
full force and effect.
SECTION 5. That the property described in Exhibit "A" attached hereto shall
be used in the manner and for the purposes provided for as approved by the attachment
of Exhibits "BTM and "C".
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. 366-10-81, as previously amended, 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 7. That 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 delcares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
SECTION 8. 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.
Ordinance No. 680-3-86 - Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 6th DAY OF March 1986.
APPROVED:
BE5;�!�
Donald P. Rodenbaugh, Mayor
ATTEST:
U, AA iU-�L
Marty Hendrix, Ci& Secretary
APPzwFO
RM:
A. Don Crowder, City Attorney
Ordinance No. 680-3-86 - Page 3
Attachment to Ordinance No. 680-2-86, adopted March 6, 1986
"EXHIBIT A"
MEETS AND BOUNDS DESCRIPTION
OF THE
BRYAN BUSH PROPERTY
SITUATED in Collin County, Texas, in the Francis Dosser Survey,
Abstract No. 280, and the George Phillips Survey, Abstract No. 719,
and being a resurvey of a called 152j acre tract of land and a called
295 acre tract of land in said Dosser Survey and a 5 acre tract of land
in said Phillips Survey as described in a deed recorded in Volume 203,
Page 31 of the Collin County Deed Records, and being more particularly
described as follows:
BEGINNING at a point for corner in the center of a rock road that
bears South 890 50' 18" West, 1561.53 feet from the southeast corner of
the said Dosser Survey;
THENCE South 891 50' 18" West, 1092.96 feet along the center of said
road to an iron rod found therein at a road intersection;
THENCE South 891 50' 26" West, 1111.94 feet and South 891 38' 50"
West, 192.96 feet along the center of said road to a point for corner
therein;
THENCE North 01 08' 02" East, 3684.07 feet to a point for corner in the
north line of said tract;
THENCE North 89° 51' 48" East, 1227.02 feet; North 890 24' 27" East,
155.10 feet; South 890 12' 27" East, 224.30 feet; North 860 32' 34"
East, 73.76 feet and North 890 44' 38" East, 183.52 feet along an old
fence and tree line to a point for corner therein;
THENCE South 811 07' 22" East, 3720.72 feet to the place of beginning
and containing 180.170 gross acres of land, of which 0.738 acres is in
road, leaving 179.432 net acres of land.
City of Allen
ATTACHMENT TO ORDINANCE NO. 680-3-86, adopted March 6, 1985
"EXHIBIT B"
APPROVAL OF PLANNED DEVELOPMENT NO. 35 BY THE ALLEN
CITY COUNCIL ON MARCH 6, 1986 INCLUDES THE RECOMMENDATION
OF THE ALLEN PLANNING AND ZONING COMMISSION AS FOLLOWS:
"THAT A REALIGNMENT OF RIDGEVIEW DRIVE NOT BE
CONSIDERED AT THIS TIME, WITH THE UNDERSTANDING
THAT IF RIDGEVIEW DRIVE OR THE SPINE ROAD
INDICATED THROUGH THE PROPOSED PROPERTY NEEDS
TO BE ADJUSTED AT THE TIME OF PLATTING OR
DEVELOPMENT, THAT THE ZONING DISTRICTS WILL
MOVE TO THE CENTER LINE OF SUCH APPROVED
ALIGNMENTS, IF ANY."
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CITY Of ALLEN, TEXAS BRYAN BUSH
ZONING PLANPROPERTY
Attachment to Ordinance No. 680-3-86, adopted March 6, 1986
"EXHIBIT C"
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4
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
Public Hearing Notice - Zoning Request - Bryan Bush
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
February 12, 1986
and which was issued on 2-'12-86 , by City of Allen
of Collin County, Texas. A printed copy of said publication is a tache hIL's
eret
SUBSCRIBED AND SWORN to before me this 13th day of March , A.D. 19 86
�& ?_ i,. Pi LA -AA -Z
Notary Pu0c in and for Collin County, Texas
Publisher's Fee $ 16.80
PUBLIC HEARING
NOTICE
Notice is hereby given
hat the Allen City Coun-
:il will conduct a public
-tearing on Thursday,
March 6. 1986. at 7:3
p m , in the Council
Chambers of the Allen
Municipal Annex, One
Butler Circle. Allen.
Texas, to consider a re-
quest for permanent zon•
ing of Planned Develop
ment as requested by
property owner, Bryan
Bush
This request for per
manent zoning from
Agricultural — Open
Space to Planned
Development is o
180 170 acres of land out
of the Francis Dosse
Survey, Abstract No 2801
and the George;Phillip
Survey, Abstract No 719
located west of U S 7
and south 'of States
Highway 121 This plann,
ed development zoning
request contains mixed
uses of multifamily!
garden office, office!
shopping center, in•'
dustrial technology, and
light industrial.
A gone wishing`„ tc
speak ' either' -FOR- of
AGAINST this zoning ire
quest is invited to attenc
this public hearing an(
voice their opinion
If further informatiof
is needed, contact thi
Department of Com
munity Development, Q
ty of Allen, at 727-9171 o
424-7518 (metro)
Marty Hendri
City Secretar
(Published in the Alle
American on Wedne!