HomeMy WebLinkAboutO-1777-10-99ORDINANCE NO. 1777-10-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE
ZONING ORDINANCE
NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING FROM AN AGRICULTURE -OPEN SPACE
DISTRICT TO A SHOPPING CENTER DISTRICT FOR 7.341 ACRES IN THE
HENRY BRANDENBURG SURVEY, ABSTRACT NO. 110, CITY OF ALLEN,
COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING 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 AN
EFFECTIVE DATE.
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 amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of
Allen, Teras, by granting a change in zoning from an Agriculture -Open Space District to a Shopping Center
District for 7.341 acres in the Henry Brandenburg Survey, Abstract No. 110, City Of Allen, Collin County,
and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the property shall he 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in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 remaining portions of said ordinance or the
Comprehensive Zoning Ordinance, m 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, fimr 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.
1
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 7" DAY OF OCTOBER, 1999.
APPROVED:
d Il ---211
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Ju# MornMn, CMC, CITY SECRETARY
Ordinance No. 1777-10-99 Page
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LEGAL DESCRIPTION TRACT 1
BEING a tract of land situated in the Henry Brandenburg Survey, Abstract No. 110, Collin County,
Texas, being the same tract as described in a deed to Nancy Gibson Witt, in Volume 1821, Page 660,
of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as
follows:
BEGINNING at the southwest comer of said tract and the southwest comer of said Brandenburg
Survey, and being in the west line of Alma Drive (60' R.O.W.) also being in Exchange Parkway (not
dedicated) an 'Y' set in concrete;
THENCE, North 00°20'15" East, with said lines for a distance of 590.37 feet to a % inch iron rod
found;
THENCE, South 89'06'12" East, departing said lines, for a distance of 464.64 feet to a YT iron rod
set with a yellow cap stamped "Corwin Engr. Inc.";
THENCE, South 00°20'15" West, for a distance of 590.37 feet to a %:" iron rod set with a yellow
cap stamped "Corwin Engr. Inc." in Exchange Parkway and the south line of the Brandenburg
Survey;
THENCE, North 89°0612" West, with Exchange Parkway and the south line of the Brandenburg
Survey, for a distance of 464.64 feet to the POINT OF BEGINNING, containing 274296.45 square
feet or 6.297 acres of land.
EXHIBIT A
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Ordinance No. 1777-10-99
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LEGAL DESCRIPTION TRACT 2
BEING a tract of land situated in the Henry Brandenburg Survey, Abstract No. 110, Collin County,
Texas, being the same tract as described in a deed to Dorothy Gibson Blankenship, in Volume 1821,
Page 686, of the Deed Records of Collin County, Texas (DRCCT) and being more particularly
described as follows:
BEGINNING at the southwest corner of said tract, being the southeast comer of a 6.297 acre tract
as described in Volume 1821, Page 660 of said deed records also being in Exchange Parkway (not
dedicated) and the south line ofthe Brandenburg Survey, a Y2" iron rod set with a yellow cap stamped
"Corwin Engr. Inc.";
THENCE, North 00°20'15" East, departing said south line, and with the common line of said tracts.
for a distance of 590.37 feet, to a %" iron rod set with a yellow cap stamped "Corwin Engr. Inc.';
THENCE, South 89°06'12" East, for a distance of 77.06 feet to a %d' iron rod set with a yellow cap
stamped "Corwin Engr. Inc."; -
THENCE, South 00°20'15" West, for a distance of 590.37 feet a %inch iron rod found in Exchange
Parkway, being in the south line of the Brandenburg Survey;
THENCE, North 89°06'12" West, with Exchange Parkway and the south line of the Brandenburg
Survey, for a distance of 77.06 feet to the POINT OF BEGINNING containing 45493.91 square feet
or 1.044 acres of land.
EXHIBIT A
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Ordinance No. 1777-10-99