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Home My WebLink AboutO-428-2-83ORDINANCE NO. 428-2-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM THE CURRENT ZONING DISTRICT CLASSIFICATIONS OF "TH" TOWNHOUSE AND "CF" COMMUNITY FACILITIES TO "MF -1" MULTI -FAMILY DISTRICT CLASSIFICATION, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 6.5 ACRES, MORE OR LESS, OUT OF THE ^ DAVID WETZEL SURVEY, ABSTRACT 977, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. WHEREAS, the City 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 the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following -described tract of land the following zoning classification, to -wit: That the area be and the same is hereby zoned as "MF -1" Multi -Family District Classification: Located in the David Wetzel Survey, Abstract 977, at a point approximately 790 feet north of the centerline of Cottonwood Creek in the East right-of-way line of Jupiter Road, said point being the south right-of-way line of Park Place Drive. THENCE East along the south right-of-way line of Park Place Drive to the center of the defined and recorded Drainage Easement that intersects Park Place Drive; THENCE South along the centerline of the Drainage Easement to a point located in the centerline of Cottonwood Creek, a meandering creek; Ordinance No. 428-2-83 - Page 1 THENCE in a Westerly direction along the centerline of said meandering Cottonwood Creek to a point in the east right-of- way line of Jupiter Road; THENCE North approximately 790 feet to the Point of Beginning, area containing approximately 6.5 acres of land. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. SECTION 3. That the above-described tract of land shall be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein by granting of this zoning classification. SECTION 4. 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 the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 5. Whereas, it appears that the above-described property requires that it be given the above zoning classification in order to permit its proper development and, in order to protect the public interest, comfort and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordiance, as the law in such cases provides. DULY PASSED by the City Council of the City of Allen, Texas, on the 17th day of February , 1983. A AS TO FORM: A. Don Crow er, City Attorney APPROVED: M. B. Pierson, Mayor ATTEST: 1� Marty Hendrix, CivSecretary Ordinance No. 428-2-83 - Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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 Hearin f which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on January 31 ,1983 and which was issued on .l a n, a r v 91� 1 Q R 2 , by Com. V of Allen of Collin County, Texas. A printed copy of said publication is attach -ad heret . SUBSCRIBED AND SWORN to before methis 8th day February 3 1_ ,� A.D19 - 83 Becky McFarland/ Notary Public in and for Collin ounty,'Texas Publisher's Fee $ Commission Expires 10/2/841- -,)UKRI!i�E lN, G CITY OF ALLEN & _ Notice is hereby given that the All City.Coun- cil will hold a Public Hearing on Thursday, February 17, 1983, at 7:30 P.m., at Rountree Elementary School, 800 E. Main Street, Allen, Texas, to consider an amendment to the Com- prehensive Zoning Map for the City of Allen to change zoning -"on ap- proximately .5 acres of land, presently "zoned Townhouse (TH) to Multi - Family (MF -1) avid ap- proximately 6 acres, presently; zoned 1 Com- munity� Facilities (CF), to Multi -Family (MF -1) M coincide ; with realign- ment of Park Place Drive at Jupiter,Road. The total acreage,,; -is out 'of the David Wetzel Survey, Abstracts No. 977and is located,'south. of. Park Place 'Drive,-- east. of Jupiter Road, `and west of Ford`Middle'School Site. Anyone wishing to speak either ;for -'or against-xif'is— proposed amendment is invited to attend this meeting and voice thdfr opinion. For further 4Infiram- tlon; please contact the Allen City Half at 727-3336 or (metro)' 424-7518. Marty Hendrix, City Secretary (Published in The Allen American on Monday, AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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 Ordinance Nos. 428-2-83, 492-2-83, and 430-2-83 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on February 21, 1983 and February 24, 1983 and which was issued on February 21, 1983 by City of Allen of Collin County, Texas. A printed copy of said publication is att d hyo. SUBSCRIBED AND SWORN to before me this 3rd Ii Publisher's Fee $ 3 Q. (1 D I , A.D. 19 83 Notary PubH6 in and for Collin County, Texas Commission Expires 10-2-84 ij.'1PWUJC NOTICE _ The'"following or- �dinances were adopted by the Allen City Council in a regular session held on February, 17, X1983 (Titles and Penalty Clauses only). ; Ordinance No. 428.2.83: An Ordinance of the City of Allenj Col- lin County; Texas, Amen- ding the Comprehensive Zoning Ordinance.of the City of Al led, as Heretofore Amended, so as to Change the Following -Described Tract of Land from the Current Zoning District Classifications of "TH"' Townhouse and "CF Community Facilities to "MF -1" Multi -Family District Cla's'sification, Said Tract of Land Being Described as � Follows: ApproximateIV6.5 Acres, More or Less, Out of the David Wetzel Survey, Abstract 977, ,Collin County, Texas; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars (5200.00) -•for- -Each,-Of- fense; and Declaring an Emergency. That any person, firm or corporation violating any of the ovisions or terms of'thisprordinance shall be subject to the same penalty as provid- ed for in the Comprehen- sive Zoning Ordinance of the City,, of -„Allen; as heretofore amended, and upon conviction shall be punished by a firie'not to exceed the: sum `bf Two Hundred "Dollars ($200.00) for each of- fense. Ordinance t No. 429.2.83: An4jOrdinance of the Cit�J, of Allen,, Texas, ,,Establishing a Schedule of;Fines-to be 'Levied "for” Overdue Library Materials, Damaged b- Library Materials;,jand, Lost Library Materials; --and, Providing for Ap- propriate Procedures to Be Followed' in Those Cases Where Overdue Library Materials Have �Not Been Returned. , Ordinance No. 430.283: An Ordinance Fixing and �Determinjng the General Service Rate to be Cliarg- ed for^Sales^of Natural Gas to' Residential and ComQiercial;: Consumers In the City,of, AIIen,,Col-! lin County; --.Texas; Pro- viding for.thie:Manner in Which Such Rate Maybe' Changed, Adjusted, and Amended; and Providing for a Sdhedule of Service' Charges.•,;'-,�,::.. Copies 'of"these or- dinances -may be read or purchased in'itheloffice - of the 4°City,4Secietary, Allen City Hall, -,302^ McDermott, f4 -,,`Allen; Tex.V. F,.rr - ' Marty Hendrix, City Secretary (Published In The Allen j American on Monday, 1 February 21, 1983 and Thursday, February 24,