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Home My WebLink AboutO-207-1-77CITY OF ALLEN, TEXAS, ORDINANCE NO 40— AN ORDINANCE AMENDING GENERAL ZONING ORDINANCE NO. 129 OF THE CITY OF ALLEN, TEXAS, WHEREBY 3.61 ACRES IN THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 4919 ARE REZONED "LRPD" (LOCAL RETAIL PLANNED DEVELOPTHENT) ; WHEREBY 23.04 ACRES IN THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 4919 ARE REZONED 11R-4PD" (RESIDENTIAL PLANNED DEVELOPMENT); WHEREBY 22.19 ACRES IN THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491, ARE REZONED 11R-5PD" (RESIDENTIAL PLANNED DEVELOPMENT) ; WHEREBY 9.40 ACRES IN THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 4919 ARE REZONED "LRPD" (LOCAL RETAIL PLANNED DEVELOPM►ENT); PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the laws of the State of Texas authorize the governing bodies of cities to promote the efficient use of lance by zoning; and WHEREAS, the below described property has been duly incorporated in the City of Allen, Texas, and all legal notices required for rezoning have been given in the manner and form set forth by law and public hearing has been held on the proposed zoning classifications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN9 TEXAS: SECTION 1: That the property described as follows: SITUATED in Collin County, Texas, being a part of the Mc Bain Jamison Survey, Abst. No. 491, and being part of a tract as described in a deed recorded in Volume 414, Page 453 of the Collin County Deed Records and more particularly described as follows: BEGINNING at Northeast corner of tract; THENCE S 1 deg 14' W, 600 feet to apoint; N 88 deg 26' W, 260 feet to a point, N 54 deg 59' W, 170' to a point, N 35 deg O1' E 600' to a point; S 18 deg 14' E 80.3' to apoint and the POINT OF BEGINNING; CONTAINING 3.61 acres of land more or less. is hereby rezoned from R2 (Residential) to LRPD (Local Retail Planned Development) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said V Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 2: That the property described as follows: SITUATED in -Collin County, Texas, being a part of the McBain Jamison Survey, Abst. No. 491, and being part of a tract as described in a deed recorded in Volume 414, Page 453 of the Collin County Deed Records and more particularly described as follows: BEGINNING at the Northeast corner of Tract II; THENCE S 1 deg 14' W, 1914.7 feet.to a oint; N 88 deg 26' W, 955 feet to a point; N 1 deg 14' E, 495 feet to a point; N 35 deg O1' E, 150' to a point; N 54 deg 59' W 260' to a point; N 35 deg O1' E, 270' to a point; S 54 deg 59' E, 350' to apoint; S 88 deg 46' E, 460' to apoint, N 1 deg 14' W, 1201 o a point, S 88 deg 46 E, 170' to a point; the POINT OF BEGINNING; CONTAINING 23.04 acres of land more or less. is hereby rezoned from R2 (Residential) to R-4PD (Residential Planned Development) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 3: That the property described as follows: SITUATED in Collin County, Texas, being a part of the McBain Jamison Survey, Abst. No. 491, and being part of a tract as described in a deed recorded in Volume 414, Page ,453 of the Collin County Deed Records and more particularly described as follows: BEGINNING at the Northeast corner of Tract III; THENCE S 1 deg 14' W, 140 feet to a point; N 88 deg 26' W, 170 feet to a point; S 1 deg 14' W, 1120 feet to a point; N 88 deg 26' W, 460 feet to a point; N 54 deg 59' W, 350 feet to a point; S 35 deg O1' W, 290 feet to a point; S 54 deg 59' E, 260 feet to a point; S 35 deg O1' W, 150 feet to a point; N 54 deg 59' W, 455 feet to a point; N 35 deg O1' E, 1170 feet to a point; S 54 deg 59' E, 170 feet to a point; S 88 deg 26' E, 260 feet to a point, the POINT OF BEGINNING; CONTAINING 22.19 acres of land more or less. is hereby rezoned from R2 (Residential) to R-5PD (Residential Planned Development) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 4: That the property described as follows: SITUATED in Collin County, Texas, being a part of the McBain Jamison Survey, Abst. No. 491, and being part of a tract as described in a deed recorded in Volume 414, Page 453 of the Collin County Deed Records and more particularly described as follows: BEGINNING at the Northeast corner of Tract IV; THENCE S 1 deg 14' W9 485 feet to a point; N 89 deg 49' W, 890.4 feet to a point; N 35 deg O1' E to a point; S 54 deg 59' E, 455 feet to a point; the POINT OF BEGINNING; CONTAINING 9.40 acres of land more or less. is hereby rezoned from R2 (Residential)to LRPD (Local Retail Planned Development) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 5: It shall be unlawful for any, person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible use under this Zoning Ordinance. SECTION, 6: Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined any sum not exceeding $200.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: The caption of this Ordinance shall be published one (1) time in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY TCIL OF THE CITY OF ALLEN, TEXAS, on this day of , 1977. CORRECTLY REC ORDED : City Secretary 1 qMaor, City of 11 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this dafpersonally appeared BUDDY W. CAMPER, 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 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on A,, /O. / 9 7 7 pyo and which was issued on gAj.Y� a/, Z1 7 7 , by of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this �day v , A.D. 19 . �J f!� Not Public in and for Collin County, Te Publisher's Fee $ /a S S1 ,urr-z.&— cf6 :5'01 -e- _., h Page 4—ALLEN AMERICAN—Tuesday, May 10, 1977 Public notice CITY OF ALLEN, TEXAS, ORDINANCE NO. 207 AN ORDINANCE AMENDING GEN- SECTION 3: That the property ERAL ZONING ORDINANCE NO. 129 described as follows: OF THE CITY OF ALLEN, TEXAS, SITUATED in Collin County,`Texas, WHEREBY 3.61 ACRES IN THE MC being a part of the McBain Jamison BAIN JAMISON SURVEY, AB- Survey, Abst. No. 491, and being part of STRACT NO. 491, ARE REZONED a tract as described in a deed recorded in "LRPD" [LOCAL RETAIL PLANNED Volume 414, Page 453 of the Collin DEVELOPMENT[; WHEREBY 23.04 County Deed Records and more particu. ACRES IN THE MC BAIN JAMISON larly described as follows: SURVEY, ABSTRACT NO. 491, ARE BEGINNING at the Northeast corner REZONED "R=4PD" [RESIDENTIAL of Tract III;I - PLANNED DEVEL'OPMENT]; THENCE S 1 deg 14' W, 140 feet to a WHEREBY 22.19 ACRES IN THE MC point; N 88 deg 26' W, 170 feet to a BAIN JAMISON SURVEY, AB-, point; S 1 deg 14' W, 1120 feet to a STRACT NO. 491, ARE REZONED point; N 88 deg 26' W, 460 feet to a 4.R-5PD" [RESIDENTIAL PLANNED point; N 54 deg 59' W,"350 feet to a DEVELOPMENT]; WHEREBY 9.40 point; S 35 deg 01' W, 290 feet to a ACRES IN THE MC BAIN JAMISON point; S 54 deg 59'E, 260 feet to a point; SURVEY, ABSTRACT NO. 491, ARE S 35 deg 01' W, 150 feet to a point; N 54 REZONED "LRPD" [LOCAL RETAIL deg 59' W, 455 feet to a point; N 35 deg PLANNED DEVELOPMENT]; PRO. OV E, 1170 feet to a point, S 54 deg 59' VIDING FOR A PENALTY FOR A E, 170 feet to a point; S 88 deg 26'E, 260 VIOLATION OF THIS ORDINANCE; feet to a point, the POINT OF BE - PROVIDING ' FOR AN EFFECTIVE GINNING; DATE OF THIS ORDINANCE; AND CONTAINING 22.19 acres of land PROVIDING FOR' THE PUBLICA- more or less is hereby rezoned from -R2 TION OF THE CAPTION HEREOF. (Residential) to R-5PD (Residential WHEREAS, the laws of the State of Planned Development) and according to Texas authorize the governing bodies of the uses allowed under General Zoning cities to promote the efficient use of land Ordinance No. 129 to the City of Allen by zoning; and and said Zoning Ordinance and all other WHEREAS, the below described Ordinances in conflict herewith are property has been duly incorporated in hereby amended accordingly. the City of Allen, Texas, and all legal notices, required for rezoning have been SECTION 4: That the property given in the manner and form set forth described as follows: by law and public hearing has been held SITUATED in Collin County, Texas, on the proposed zoning classifications; being a part of the McBain Jameson Survey, Abst. No. 491, and being part of NOW, THEREFORE, BE IT OR. a tract as described in a deed recorded in DAINED BY THE CITY COUNCIL OF Volume 414, Page 453 of the Collin THE CITY OF ALLEN, TEXAS: County Deed Records and more particu- SECTION 1: That the property larly described as follows: described as follows: BEGINNING at the Northeast corner SITUATED in Collin County, Texas, of Tract IV; - being a part of the McBain Jamison THENCE S 1 deg 14' W, 485 feet to a Survey, Abst. No. 491 and being part of point; N 89 deg 49'W, 890.4 feet to a a tract as described in a deed recorded in point; N 35 deg 01' E to a point; S 54 deg Volume 414, Page 453 of the Collin 59'E, 455 feet to a point; the POINT OF County Deed Records and more par- BEGINNING; ticularly described as follows: CONTAINING 9.40 acres of land more BEGINNING at Northeast Croner of or less. tract; - is hereby rezoned from R2 (Residential) THENCE S 1 deg 14'-W, 600 feet to a to LRPD (Local Retail Planned Develop - point; N 88 deg 26' W, 260 feet to a ment) and according to the uses allowed point, N 54 deg 59'W, 170' to a point, N. under General Zoning Ordinance No. 129 35 deg 01' E 600' to a point; S 18 deg 14' to the City of Allen and said Zoning E 80.3' to a point and the POINT OF Ordinance and all other Ordinances in - BEGINNING; conflict herewith are hereby amended CONTAINING 3.61 acres of land more accordingly. or less is hereby rezoned from R2 SECTION 5: It shall be unlawful for (Residential) to LRPD (Local Retail any person, firm or corporation to make Planned Development) and according to use of said premises in some manner the uses allowed under. General Zoning other than as, authorized by this Ordi- Ordinance No. 129 to the City of Allen nance, and it shall be unlawful for any and said Zoning Ordinance and all other person, firm or corporation to construct Ordinances in conflict herewith are on said premises any building that is not hereby amended accordingly. in conformity with the permissable use SECTION 2: That the property under this Zoning Ordinance. described as follows: SECTION 6: Any Peron, firm or SITUATED in Collin County, Texas, corporation who violates any provision being a part of the McBain Jamison of this Ordinance shall be deemed guilty Survey, Abst. No. 491, and being part of of a misdemeanor, and upon conviction a tract as described in a deed recorded in therefor, shall be fined any sum not Volume 414, page 453 of the Collin exceeding $200.00, and each and every County Deed,Records-and more-partic- -day. that such violation continues shall"" ularly described as -follows: be 'considered -.,a separate offense; pro- . - BEGINNING at the Northeast corner vided,ihowe"ver, that such penal provi- '•of•TracttiIl; - - sion shall not preclude a suit to enjoin THENCE S 1 deg 14'W, 1914.7 feet to such violation. a point; N 88 deg 26' W, 955 feet -to a SECTION 7: The caption of this point; N 1 deg 14' E, 485 feet to a point; Ordinance shall be published one (1) time - N 35 deg 01' E, 150' to a point; N 54 deg in a weekly newspaper published in the 59' W 260' to a point; N 35 deg 01' E, City of Allen, and shall be effective 270' to a point; S 54 deg 59' E, 350' to a immediately upon its passage and such point; S 88 deg 46' E,'466' to a point, N 1 publication. deg 14'W, 1120' feet to a point, S 88 deg 46' E, 170' to a point; the POINT OF PASSED AND APPROVED BY THE BEGNNING; CITY COUNCIL OF THE CITY OF CONTAINING 23.04 acres of land ALLEN, TEXAS on this 21st day of more or less is' hereby rezoned from R2 April, 1977. _(Residential) to R-4PD (Residential Planned Development) and according to Frank Dugger the uses allowed under General Zoning Mayor, City of Allen Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other CORRECTLY RECORDED: ,.Ordinances in conflict herewith are ' ivanelle Cooksey hereby amended accordingly. ;tv Secretary M PFSOLUTION OF THE CITY OF ALLEN, TEXAS To the Fi (jh11 Honor,ible Members of The Public ;.;ti lits- Coumnission of 'texas W I T H E S S ETH: IQIFPFAS, Texas Power & Light Company has filed its Statement of Intent with the City of Allen, proposing to increase their rates by an average' of thirty-four 04%) percent, slich rate increase to become effective on January 26, 1977: and ItiHERFIS, sirch change constitutes the fourth increase of rates within a six-year period; prior increases having taken effect against the City on J►rne 6, 1972; November 15, 1973; Jvine 1(), 1975; and WHEREAS, such monumental increase would financially exhatist an already overburdened Allen public, many of whom are composed of elderly, retired and infirm, who are even now subsisting on fixed or low incomes. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, to declare its citizens'unalterable opposition to the aforementioned ovrtrageotrs rate increase being attempted by Texas Power & Light Company. BE IT FURTHER RESOLVED, to make this opposition known in emphatic terms to The Public Utility Commission of Texas. U The Public Utility Commission of Texas Page 2 RE IT FURTHER RESOLVED, to request The Public Utility Commission of Texas to come to the aid and assistance of the City of Allen in this matter, and to make a thorough and exhaustive study of such rate increase proposal to determine whether any justification exists at` all therefor when applied to the life circumstance -of the City of 4llen. RESOLVED this c�D day of,January, 1977. it 1 r Fran ugger, a or City of, A 11en', Texas CORRECTLY RECORDED: i Y ecce ary A