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Home My WebLink AboutO-453-9-831 ORDINANCE NO. 453-9-83 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 "R-4" RESIDENTIAL DISTRICT CLASSIFICATION TO "SC" SHOPPING CENTER DISTRICT CLASSIFICATION, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: BEING AN APPROXIMATE 6 ACRE TRACT LOCATED IN THE McBAIN JAMISON SURVEY, ABSTRACT NO. 491, IN THE CITY OF ALLEN, 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 "SC" Shopping Center District Classification: See Exhibit "A" attached hereto and made a part hereof for all purposes. 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That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. Ordinance No. 453-9-83 - Page 1 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 1 s day of September , 1983. APPROVED: M. B. Pierson, Mayor ATTEST: M Lk � Marty Hendrix, Ci T Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 453-9-83 - Page 2 Exhibit "A" BEING a tract of land situated in the McBain Jamison Survey, Abstract No. 491, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at the point of intersection of the centerline of Chaparral Road (a public road), with the centerline of Jupiter Road (a 60' R.O.W.), an iron stake for corner; THENCE, N87°20'38"W, along said centerline of Chaparral Road, a distance of 556.88 feet to an iron stake for corner; THENCE, N1018'15"E, leaving said centerline of Chaparral Road, a distance of 397.27 feet to an iron stake for corner; THENCE, S87020'36"E, a distance of 541.79 feet to the beginning of a curve to the right having a central angle of 32121'18", and a radius of 336.29 feet, an iron stake for corner; THENCE, Easterly around said curve, a distance of 189.90 feet to an iron stake for corner; THENCE, S54°59'18"E, a distance of 52.71 feet to a point on the above-mentioned centerline of Jupiter Road, an iron stake for corner; THENCE, S34°55148"W, along said centerline of Jupiter Road, a distance of 374.61 feet to the PLACE OF BEGINNING and containing 264,811 square feet or 6.079 acres of land. Willard McDaniel 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 I 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 r_ '_-le-1 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on C< 1 ��' 3 , by 1� Ci y` of Collin County, Texas. A printed copy of said publication is attached her SUBSCRIBED AND SWORN to before me this 'r` day of QA)r. A•DOJ 9 Notary Public in and fo Collin County, Texas Publisher's Fee $ C 6� 0, S S, 1) �<'— k F e,S t i 1 l CITY, OF ALLEN NOTICE OF UBLIC HEARING ?! -Notice is h'ereby'givei that the Allen City Cour cil will conduct at thei regular meeting o Thursday, September 1 1983 at 7:30 p.m., in thi Council Chambefsof the Allen Municipal Annex, Butler Circle, Allen Taxas. a oublic hearinc to consider a requestt K rezbning,on 6' acres c land as requested b Willa,d McDaniel, Inc. The request is t, ,:hange.the zoning on 6 .acres - from R - Residential) to S( ;Shopping Center). Thi. tract of land is located ii the McBain Jamisoi Survey, abstract No. 491 and is further describe( as being the northwes ;orner: of Chappara Road and Jupiter Road. Anyone wishing tc apeak either.- FOR o 4GAINST this request I: nvited to attend thic )ublic hearing and voic( .heir opinion. If further, informatior S. needed, call the Aller Aunicipal Annex )apartment of Com nunity Development, a '27-9171 "or 424-751f metro) and refer to Zon ng Case No. Z6.20.83-32' Marty Hendrix) City Secretary Published In The. Alle� lmerican on Monday f 1, 1 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 O \c- (\ � r,- v,- e :c * 4 � _?, 'I - � 3 of which the attached is a true and written co y, a d which was published in THE ALLEN AMERICAN on and which was issued on �'1 1 I by A T of Collin County, Texas. A printed copy of said publication is attached 'her,10 A 4 SUBSCRIBED AND SWORN to before me this Publisher's Fee $ AI' oXt CITY OF ALLEN, PUBLIC NOTICE The following or- dinancewas adopted by the Allen City Council in, a regular session held on Thursday,' September 1, 1983 (Title and Penalty Clause only. Ordinance No. 453.9.83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding the Comprehensive Zoning Ordinance of the, City of Allen, as Heretofore Amended, so as to Change the Following -Described Tract of Land From "84" Residential District Classification to "SC" Shopping Center District Classification, Said Tract of Land Being Described As Follows: Belnd!an Ap„, proximate 6VAcretlTract Located t,in thd; MMOBain Jamison, , -Survey, Abstract No. 491j,in the City_of,All_en, Texas; Pro` J_� e-, � , A . 19 day of ,. Alp Notary Public in and for ollin County, Texas I vidirig_ for a Penalty of Fine Nbt to. Ekceed' the Sum hof = Two;', Huntlred Dollars, ($200;00)sr for Each Offense; and Declaring an Emergency. That any person, firm or corporation violating any of the provisions or terms iof this ordinance shalljbe 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 fine not to exceed the sum of Two Hundred Dollars ($200.00) for each of- fense. A copy of this or- dinance may be read or purchasecl,in the Office of the City Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas. ' Marty Hendrix, City Secretary (Published in The Allen American on Monday, September 5, 1983 and Thursday, September 8,