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Home My WebLink AboutO-244-5-78CITY OF ALLEN, TEXAS, ORDINANCE NO. 244 AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN ACCORDANCE WITH SECTION 11 OF ORDINANCE NO. 129 ; PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE PROPERTY DESCRIBED AS 0.500 ACRES IN THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, ALLEN, COLLIN COUNTY, TEXAS, BE ISSUED A SPECIAL EXCEPTION PERMIT FOR THE OPERATION OF A DAY CARE CENTER; 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, a request having been made to the Planning and Zoning Commission of the City of Allen, Texas, for a special exception permit for the operation of a day care center in a district zoned R-32 PD (Multi -Family, Planned Development); and WHEREAS, said request is in accordance with the permissible special exceptions authorized in Section D of Ordinance 129 and all notices required by said Ordinance and by law having been in all respects complied with; and, WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen, Texas, having considered all operating data and expert evaluation requested by the same and being of the opinion that said special exception will be advantageous and beneficial to the City of Allen, Texas, and its inhabitants; and, WHEREAS, the City Council of the City of Allen, Texas, having considered all opposition to the issuance of said special exception permit and the vote in favor of the same being in compliance with the laws and statutes of the State of Texas; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION l: That the following described property shall be issued a special exception permit, which property is located in the City of Allen, Texas, and is presently zoned R-32 PD (Multi -Family, Planned Development) to -wit: SITUATED in Collin County, Texas, and being a 0.500 acre tract of land out of a 7.839 acre tract of land located in the Rufus Sewell Survey, Abstract No. 875, located in the City of Allen, Collin County, Texas, and being more particularly described as follows: COMMENCING at the Northeast corner of the Revised Windridge No. 1, an Addition to the City of Allen, Texas, a plat of which is filed in Cabinet A, Page 354, Map and Plat Records of Collin County, Texas, at an iron rod in the center of Jupiter Road, said point of commencing being also the Southeast corner of an 8.269 acre tract of land conveyed by the H. B. M. Investment Company, et al to the Allen Independent School District by deed filed in Volume 1030, Page 169, Collin County Deed Records; THENCE N 88 deg 20 min W 914.93 feet with the North line of said Revised Windridge No. 1 and the South line of said Allen Independent•School District 8.269 acre tract to the Southwest corner of said 8.269 acre tract; THENCE N 20 deg 06 min 30 sec E 566.46 feet with the west line of said 8.269 acres to its Northwest corner to an iron rod in the South right-of-way line of Bethany Road; THENCE N 59 deg 25 min W 50.85 feet with the South right-of-way line of Bethany Road to the Point of Beginning for the tract described herein; f THENCE N 59 deg 25 min W 100.00 feet with the south right-of-way line of Bethany Road to an iron rod,for corner; THENCE S 17 deg 55 min 15 sec W 248.95 feet leaving the south right-of-way line of Bethany Road to an iron rod for corner; THENCE S 78 deg 38 min 00 sec E 89.88 feet to an iron rod for corner-, THENCE N 20 deg 06 min 30 sec E 216.93 feet to the POINT OF BEGINNING and CONTAINING 0.500 acres of land, more or less. SECTION 2: That said special exception permit shall authorize the persons occupying the said property to conduct a day care center in accordance with the authorized special exceptions contained in Section _ 2 of Zoning Ordinance 129. SECTION 3: That said special exception permit shall be and is hereby issued to permit the operation of a day care center. SECTION 4: That it shall be unlawful for any person, firm or corporation to make use of said premises in some manner other A 8 than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to conduct any operation or business other than that of the operation of a day care center. SECTION 5: 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 6: That should any part or portion of this Ordinance, or of the use created herein affecting the aforementioned property, be declared unconstitutional or invalid by a Court of competent jurisdiction, it is expressly provided that any and all remaining portions and those provided for within this"Ordinance shall remain in full force and effect. SECTION 7: The caption of this Ordinance shall be published one time in a weekly newspaper published in the City of Allen, Texas, and shall be effective immediately upon its passage and such publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this the 18th day of May 1978. CORRECTLY RECORDED: ity Secretary Mayor City of Allen, Texas AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally 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 and which was issued on �/�ti� /Jn %� , by ,145A of Collin County, Texas. A printed copy of said publication istaclled hereto. SUBSCRIBED AND SWORN to before me this day of Publisher's Fee $ Jv— r , A.D. 19" Notary Public in and for Collin County, Texas Public', CITY OF ALLEN, TEiABj ORDINANCE NO. 244 AN ORDINANCE AUTHORI- ZING A SPECIAL EXCEPTION PERMIT IN ACCORDANCE'S WITH SECTION D OF ORDI= NANCE 'NO. 129; PROVIDING FOR THE ISSUANCE;OF;THE SAME; PROVIDING -THAT THE PROPERTY DESCRIBED AS 0.500 ACRES IN THE--RU- FUS SEWELL• SURVEY;- AB- STRACT NO. 875, ALLEN, COLLIN COUNTY, TEXAS; BE ISSUED A SPECIAL EXCEP- TION PERMIT FOR"THE OP- ERATION OF A DAY CARE CENTER; PROVIDING FOR A l PENALTY FOR A VIOLATION N OF THIS ORDINANCE; PRO- VIDING FOR AN EFFECTIVE DATE OF THIS ORDINACE; I AND PROVIDING FOR THE. PUBLICATION OF THE TION HEREOF. SECTION 7: -The caption of this Ordinance shall be published onel time in I a weekly newspaper published in the City' of Allen` Texas, and shall be (effective! immediately upon its passage and such publication. ' ' A r is ,z 1 PASSED AND APPROVED BY THE CITY COUNCIL OF THE' ' CITY ' OF ALLEN, TEXAS, •'on' this the 18th day of May, 1978: -s_M-B. Pierson,,,Maj+or City of Allen, Texas CORRECTLY RECORDED:,+ -s-Juanelle Cooksey, 'City Secretary