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HomeMy WebLinkAboutO-1726-5-99ORDINANCE NO. 1726-5-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM (R-2) SINGLE FAMILY RESIDENTIAL DISTRICT TO (CF) COMMUNITY FACILITIES FOR .864 ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" 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 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, Texas, as previously amended, be amended by granting a change in zoning from (R-2) Single Family Residential District to (CF) Community Facilities District for the following described tract of land: .864 acres in the William Perrin Survey, Abstract No. 708, 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 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 remaining 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. SECTTON 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 20r" DAY OF MAY, 1999. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith ATTORNEY Judy Mo ' on, CMC, CITY SECRETARY Ordinance No. 1726-5-99 Page2 I u DESCRIPTION A tract of land situated within the William Perrin Survey, Abstract Number 708, City of Allen, Collin County, Teras, and being the some tract of land as described in o warranty deed filed for record In Volume 779 at Page 332 of the Deed Records of Collin County, Texas, SAVE AND EXCEPT that portion conveyed to the Stale of Texas by a deed filed at Counlr Clerk's Instrument Number 97-0083647 of the Deed Records of Collin Court eras; said tract of lend being mon particularly described by melee and bounds as fo Iowa: Beginning at a 1/7" rebor found for the common South tamer of the tract of land herein described and Lot 1, Block 1, Jones Addition as filed for record In Cabinet E at Pogo 108 of the Plat Records of Collin County, Texas, on the North boundary line of Lot 1, Block 1, of the Re11PPlot of the Flat United Church of Men as filed for record In Cabinet I at tPae he Soutlof heaeth coml ot er alcsoid Jones of llAddlUonin lbaan S.BT35'3Y from aE. 440.32 teat•' found for Thence N 8735'37" W. along the aforementioned North boundary line, 241.47 teat to a point on the East right—of—way line of South Greenville Avenue (St. Hwy. No. 5% ae defined by the above—men0oned deed filed at CC %97-0083847; ne, 227.70 toe eac point n4 al Southerlynboundary the oline oftithedEastabove-of feet es Addition: Thence S 8710'27 E. along the aforementioned Southerly boundary line, 134.60 feet to a common comer of the tract of land herein described and the aforementtoned Jones Addition; Jones Addition, on, 1 9.57 feet to the Poinan t of Beginning.a of the aforementioned Said tract of land containing 37,645 square feel or O.B64 acres, more or less EXHIBIT A Ordinance No. 1726-5-99 — Page 3