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HomeMy WebLinkAboutO-464-10-83ORDINANCE NO. 464-10-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED,, SO AS TO CHANGE THE ZONING CLASSIFICATION ON 34.7005 ACRES OUT OF THE FOLLOWING -DESCRIBED 41.7105 ACRE TRACT OF LAND FROM R-2 (RESIDENTIAL) DISTRICT CLASSI- FICATION TO 5.19 ACRES OF R-3 (RESIDENTIAL) DISTRICT CLASSIFICATION; 27.6433 ACRES TO R-4 (RESIDENTIAL) DISTRICT CLASSIFICATION, AND 2.0472 ACRES TO LR (LOCAL RETAIL) DISTRICT CLASSIFICATION. SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 41.7105 ACRE TRACT LOCATED IN THE WILLIAM SNIDER SURVEY, ABSTRACT NO. 821, COLLIN COUNTY, TEXAS; FURTHER DESCRIBED AS BEING THE SOUTHEAST CORNER OF F.M. 2170 AND MALONE ROAD; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. 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 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 therComprehensive Zoning Ordinance No. 366-10-81, as previously amended, 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 No. 366- 10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a tract of land containing 41.7105 acres described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification on 34.7005 acres out of such tract to 5.19 acres of R-3 (Residential) District Classification from R-2 (Residential), 27.6433 acres to R-4 (Residential) District Classification and 2.0472 acres to LR (Local Retail) District Classification. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance by, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. Ordinance No. 464-10-83 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 ordinance, as the law in such cases provides. DULY PASSED by the City Council of the City of Allen, Texas, on the 6th day of October ,1983. APPROVED: f M. B. Pierson, MAYOR ATTEST: Marty Hendrix CITY SECRETARY APPROVED AS TO FORM: Z!� A. Don owder, CITY ATTORNEY Ordinance No. 464-10-83 Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared by me duly sworn, on oath deposes and says: JACK R. STEIN, who having been 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 C, vim, 0,--'(- V'v-- 'e 'e - t. of which the attaced is a true and written copy, and which was published in THE ALLEN AMERICAN on 3 and which was issued on (� `� 13 , by of Collin County, Texas. A printed copy of said publication is attached hereto. A n SUBSCRIBED AND SWORN to before me this i Publisher's Fee $ a2 0 day of .D. 19� . Notary Public in nd for Collin County, Texas ReOF-j t"'PUBLia HEARING - �- Notice'is hereby given that the AIIen,City Coun- cil will ,conduct' at their Regular'.Meeting on Thursday, October 6, 1983, 7:30-. p.rn. at the Allen Municipal Annex City -,Council Chambers, One �Butler. Circl'e; `Allen, Texas,'a Public Hearing to consider a request for rezoning 34.7005 acres out -,of a 41.7105 acre tract. This request is by Robert.L. Carr, agent for John Willingham, Trustee.. The' request is to change 5.19 acres to R-3 (Residential), 27.4633 acres to R-4 (Residential) and 2.0472 acres to LR (Local Retail). The pre- sent zoning on this tract of land is,, R-2 (Residential), and a zon- ing change Is not being 'YequesUd`•onr•the T.01 acres along the south boundary of this proper- ty. This property is located in the William Snider Survey, Abstract No. 821 and further described as being located at the southeast corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request Is invited to attend this public hear- ing and voice their opi- nion. If further. Information is needed,.call the Allen Municipal Annex, Departmdrfill'of' �Com- munity - Development, . at 727-9171, or.424-7518 (Metro) and refer to Zon- ing ., Case • 'W No. Z6-6-83-27-2:()-(,.,,,! t. Marty Hendrix, tjCity Secretary (Pubiishedjfn r,Thex Allen American on' Monday, September 19, 1983). �(v y - I U - �S� AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TFXAS 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- tinuouslynfor 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 Ate 19 1 19 and which was issued on �`� , by of Collin County, Texas. A prim copy of said publication is C. SUBSCRIBED AND SWORN to before me this day Publisher's Fee $ Notary Public in CITY OF' L PUBLIC HEARING Notice is hereby give that the Allen it Coun cil'will conduct a publi hearing at their regula meeting on Thursday, August 4,, 1983, dt77:3 p.m.,�' in the Council Chambers at the Allen Municipal Annex, One Butler Circle,•tAlleni Texas,.fo consider -a -re' quest ;for rezoning of 41.201,acres by Robert L. Carr, agent for John.Will- ingham, Trustee." The, 'request' is to change the present zon- ing of R-2 (residential) to 2.0472;acres of LR'(Local Retail)'and,39.6633 acres of R-4+(residential). This property is located in the William' Sriider�Survey, Abstract No. 821; and be- ing further, described as the souttieastern-corner of F.M. 2170 and Malone Road. 1, i' Anyone wishing'1to speak FOR or AGAINST, this request is'invited to attend this public hear- ing and voice their opi- nion. ' If further information is needed, call the Allen Municipal Annex, pepartment:•.of •.Cost inunity-tDevelopment Jat 727=9171 or 42105T-8 (metro) and refer to Zon- ing Case No -25.23=83.23. "Marty Hendri)C, y ;"TGity Secretary (Published' in The Allen American' on''Monday, ttO .D. 193 for Collin County, Texas zl& q , 1, - rc�> 4 i 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 hof which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 4- /0 / / 3 /fl3 and which was issued on U 1 3 of Collin County, Texas. A printed copy of said publication SUBSCRIBED AND SWORN to before me this Publisher's Fee a 57- G O 51a.,Po M CITY OF ALL' ( PUBLIC NOTICE The following or. dinances were adopted by the Allen City Council In a regular session held on Thursday, October 6, 1983 (Titles and Penalty Clauses only.) ORDINANCE NO. 462-10.83: An Ordinance of the City of Allen, Col- lin County, Texas, An- nexing the Hereinafter - Described Territory to _the City of Allen, Texas, Approximately 1.8298 Acres Lying in the Lewis Wetsel Survey, Abstract No: 978, and Being Generally Described as West of State Highway 5, Between the Intersec- tions of Thoreau Lane -and High Meadow Drive, .7 Collin- County; Texas, and Extending the Boun- dary Llmlts of the Pity So , Ali _ to,,,lnclude Said H9raI'naftar- I Descrlbed Property Within the City Limits and Granting to All In. habitants and Owners of Said Property All of the j Rights and Privileges of Other Citizens and Bin- ding All Inhabitants By 11 the Ordinances- Acts_ (Reaolutlons and Regula- - tions of Said City; Pro- viding a Severability Clause; and Providing for' ,_the "Effeglive Date of ISaidArdbunce. . "ORDINANCE' NO. "464-10-83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ` ding the Comprehensive Zoning Ordinance No. 366-10.81, of the City of Allen, as Heretofore ' 4Amended, so as to:, Change the- Zoning -l --- Classification of 34.7005 1 Acres Out' of -the -f - Fol lowing-Described,I, 41.7105 Acre Tract of I Land from, R-2 (Residential) District Classification to 5.19 Acres of R-3 (Residential) District Classification; 127.6433 Acres to R-4 ((Residential) District ; Classification; -Ands 2.0472 Acres to LR (Local Retail) District Classification. Said Tract of Land Being.Described as Follows: Approx- imatel' 41.7105 Acres -Tract • Located In the, William Snider Survey, i Abstract No. 821, Collin ! County, Texas; Further Described as Being the ( Southeast Corner of F.M. - 2170 and Malone Road; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred 11ollars ($200.00) for Each Offense; Providing .a'• Severability Clause; and Providing for the Ef- fective Datq, of. Said Or- dinance. That any person, firm or corporation, violating any of the provisions or terms of this ordinance shall be••subject to the I•alame penalty as provid,, ed'for"ln the Comprehen- sive Zoning Ordinance of the City of Allen as heretofore amended, and !-upon conviction shall be punished by a fine not to ! 1 3 Hund >3ollars:, �1Sz00.00)•.,toit each of,i fense. Notary Public in and for Collin County, Texas I> Z w v1. , e, �---Q- C-.- I 1�,1,� ORDINANCE N07 465-10.83: 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 establish perma- nent zoning, to -wit: "PD" planned development No. 14, on the following - described tract of land: approximately . 1.8298 acres of land, more or less, out of the Lewis Wetsel Survey, abstract 1 No. 978, Collin County, Texas; providing for use regulations; providing for a site plan; pr6vI5Ung I& a penalty of fine not 'to exceed the sum of two hundred dollars ($200.00) for each offense; pro- viding for a severability I clause; and providing for: the effective date of said I ordinance. i That any person, firm l' or corporation ;Violating any of the provislons,Qr terms of this ordinance ' 'shall -be subject•to the+ samo` penalty as provid•' ed for In the Comprehen• sive/Zoning Ordinance of! the Cltv of Allen, as heretofore amended, and .upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars (6200.00) for e$ch ol-. ;;tense. ORDINANCE NO. 466.10.83: An ordinance of the City of Allen, Col- lin County, Texas, amen - "ding Comrehensive zon- j .Ing - Ordinance. No: 366-10.81 so as to add a Central Business District CIasal.fIcatIon, establishing allowable 'uses under said district byamending the schedule of uses, chang- . tions within classifica- tions boun- �.daries of the Central i Business District to "CBD"' by amending the zoning map, °- and establishing re- { quirements•for site plan ','approval through the/ public hearing process by 'amending Section 2.09, Site Plan Approval; providing a saving .:clause; providing Injunc- tive relief; providing for a penalty of fine not to ex - coed the sum of two hun- dred_dollars ($200.00) for each offense; and pro- -viding an effective date. That any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provid- ed for In the Comprehen- sive -Zoning Ordinance of the City of Allen, Texas, and'( upon conviction shall be punished by a finelinot to exceed Two Hundred . Dollars (6200.00L for each of• fense. �. ! Copies of '"these or- dinances may be read or purchased In the Office of, the . City Secretary, r Allen -Municipal Annex, One Butler Circle, Allen, (Published In The Allin American on Monday, October 10, 1983 and Thursday, October 13, Igo. CITY OF ALLEN ONE BUTLER CIRCLE ALLEN. TEXAS 75002 9Coq - / o -1:s—S ONE BUTLER CIRCLE 0 214-727-9171 0 214-424-7518 (DALLAS LINE) CITY OF ALLEN ONE BUTLER CIRCLE ALLEN. TEXAS 75002 CITY OF ALLEN PUBLIC HEARING NOTICE Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting on Thursday, August 4, 1983, at 7:30 p.m., in the Council Chambers at the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for rezoning of 41.201 acres by Robert L. Carr, agent for John Willingham, Trustee. The request is to change the present zorring of R-2 (residential) to 2.0472 acres of LR (Local Retail) and 39.6633 acres of R-4 (residential). This property is located in the William Snider Survey, Abstract No. 821, and being further described as the southeastern corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (metro) and refer to Zoning Case No. Z5-23-83-23. Marty Hendrix3 CITY SECRETAR TO BE PUBLISHED IN THE ALLEN AMERICAN ON MONDAY, JULY 18, 1983 ONE BUTLER CIRCLE • 214.727-9171 • 214-424-7516 (DALLAS LINE) CITY OF ALLEN ONE BUTLER CIRCLE ALLEN. TEXAS 75002 CITY OF ALLEN PUBLIC HEARING NOTICE Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting on Thursday, August 4, 1983, at 7:30 p.m., in the Council Chambers at the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for rezoning of 41.201 acres by Robert L. Carr, agent for John Willingham, Trustee. The request is to change the present zorring of R-2 (residential) to 2.0472 acres of LR (Local Retail) and 39.6633 acres of R-4 (residential). This property is located in the William Snider Survey, Abstract No. 821, and being further described as the southeastern corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (metro) and refer to Zoning Case No. Z5-23-83-23. Marty Hendrixj CITY SECRETAR TO BE PUBLISHED IN THE ALLEN AMERICAN ON MONDAY, JULY 18, 1983 M ONE BUTLER CIRCLE 0 214.727-9171 0 214-424-7518 (DALLAS LINE) .41/ PUBLIC HEARING June 10, 1983 The Allen Planning and Zoning Commission at their regular meeting on June 23, 1983, 7:30 p.m., at the Allen Municipal Annex City Council Chambers, 461 Butler Circle, Allen, Texas, will conduct a public hearing to consider a request for rezoning of 41.201 acres by Robert L. Carr, agent for John Willingham, Trustee. The request is to change the present zoning of R-2 (Residential) to 2.0472 acres of LR (Local Retail) and 39.6633 acres of R-4 (Residential). This request for zoning change is on 41.201 acres of land located in the William Snider Survey, Abstract No. 821, and being a part of a 43.17 acre tract of land convey- ed from Earnest A. Northern, Jr. and wife Doris D. Northern, to C. -C. Gregory and W. E. Gregory by deed dated April 11, 1956, and recorded in Volume 516, pages 47-48 of the Collin County Deed Records. Further described as being the southeastern corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is advised to be present for this public hearing. If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (Metro) and refer to Zoning Case No. Z5-23-83-23. Very truly yours, CITY OF ALLEN ju- Tz__(� `a1 Bill Petty Director of Community Development /sm CITY 4F ALLEN ONE BUTLER CIRCLE ALLEN, TEXAS 75002 September 16, 1983 TO: THE ALLEN AMERICAN FROM: Marty Hendrix, City Secretary SUBJ: Public Notice Please publish the attached public hearing notice in its entirety on the date shown below: Monday, September 19, 1983 ✓ ON U�- --1 Marty Hendri City Secret y EW ONE BUTLER CIRCLE 0 214-727-9171 0 214-424-7518 (DALLAS LINE) CITY OF ALLEN PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct at their Regular Meeting, on Thursday, October 6, 1983, 7:30 p.m. at the Allen Municipal Annex City Council Chambers, One Butler Circle, Allen, Texas, a Public Hearing to consider a request for rezoning 34.7005 acres out of a 41.7105 acre tract. This request is by Robert L. Carr, agent for John Willingham, Trustee. The request is to change 5.19 acres to R-3 (Residential), 27.4633 acres to R-4 (Residential) and 2.0472 acres to LR (Local Retail). The present zoning on this tract of land is R-2 (Residential), and a zoning change is not being requested on the 7.01 acres along the south boundary of this property. This property is located in the William Snider Survey, Abstract No. 821 and further described as being located, at the southeast corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (Metro) and refer to Zoning Case No. Z6-6-83-27-2. Marty Hendr' , City Secretary TO BE PUBLISHED IN THE ALLEN AMERICAN ON MONDAY, SEPTEMBER 19, 1983 it �1 CITY OF ALLEN PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct at their Regular Meeting, on Thursday, October 6, 1983, 7:30 p.m. at the Allen Municipal Annex City Council Chambers, One Butler Circle, Allen, Texas, a Public Hearing to consider a request for rezoning 34.7005 acres out of a 41.7105 acre tract. This request is by Robert L. Carr, agent for John Willingham, Trustee. The request is to change 5.19 acres to R-3 (Residential), 27.4633 acres to R-4 (Residential) and 2.0472 acres to LR (Local Retail). The present zoning on this tract of land is R-2 (Residential), and a zoning change is not being requested on the 7.01 acres along the south boundary of this property. This property is located in the William Snider Survey, Abstract No. 821 and further described as being located, at the southeast corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (Metro) and refer to Zoning Case No. Z6-6-83-27-2. Marty Hendr' , City Secretary TO BE PUBLISHED IN THE ALLEN AMERICAN ON MONDAY, SEPTEMBER 19, 1983 it ,, ` IIIJJJ PUBLIC HEARING the southeast corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is sWadmkW, to _ 0.���-�1ti'.s pub►�� e4,Vt s a�� v oreo�� ►��u� If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (Metro) and refer to Zoning Case No. Z6-6-83-27-2. Very truly ours, CITY LLEN Bil Pet Di ctor f Community Development FA QU_ L s rt F-1(� �.�/, I� J� L��:J.•l.� -the Allen -D er at their Regular Meeting o 1983, 7:30L p.m. at the Allen Municipal �"�4 Annex --City Council Chambers, Butler Circle, Allen, Texas, re a Public Hearing to consider a request for re- zoning 34.7005 acres out of a 41.7105 acre tract. This re- quest is by Robert L. Carr, agent for John Willingham, Trus- tee. The request is to change 5.19 acres to R-3 (Residential), 27.4633 acreto R-4 (Residential) and 2.0472 acres^LR (Local Retail). The present zoning on this tract of land is R-2 (Residential), and a zoning change is not being requested on the 7.01 acres along the south boundary of this property. pe-cp*.rAy ►s This located in the William _ p Snider Survey, Abstract No. 821, a 1 43r n con Tl TT �;. QxP&nr;1 by dead dated ArpT±t IT; , �VV(�, 'Further described -. located at the southeast corner of F.M. 2170 and Malone Road. Anyone wishing to speak FOR or AGAINST this request is sWadmkW, to _ 0.���-�1ti'.s pub►�� e4,Vt s a�� v oreo�� ►��u� If further information is needed, call the Allen Municipal Annex, Department of Community Development, at 727-9171 or 424-7518 (Metro) and refer to Zoning Case No. Z6-6-83-27-2. Very truly ours, CITY LLEN Bil Pet Di ctor f Community Development FA QU_ L s rt F-1(� a PETER MSHEIR SURVEY Ao ST, NQ 324 MARGARET K. COX 0 W97SAUL r9sup9a SURVEY Ao SSTo MOO 323 FRANK CALLIPARI ����\�Y//.J�� ����\�Y///J�%��� ����Vq)](�/�y,, /�/l//''''��//�l �I1 ` //may/(�//yam/� GJ,1'11'1L �'/�/////) • • _ _ _ _. A� CITY LIMIT LINE ROGER C. SULLIVAN a HARRY G. SEELIGSON CA 20C SCALE : 1 100' t PROJECT LOCATION REQUEST MAP ■ 4. 1 COUNTY , PREPARED BY Attachment to ORDINANCE NO. 464-10-83 Adopted 10/6/83 Exhibit "A" CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR I q ? 3 ORDINANCE/RESOLUTION 4 b 4 DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.