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HomeMy WebLinkAboutO-572-12-84ORDINANCE NO. 5 7 2 -12 - 8 4 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 260 TO INCLUDE THE ATTACHMENT OF EXHIBIT "BTM, APPROVED SITE PLAN, FOR DEVELOPMENT OF A 1/2 ACRE TRACT OUT OF THE PETER FISHEL SURVEY, ABSTRACT NO. 324, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS A PORTION OF PD -SC NO. 1; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the Planning and Zoning Commission 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 reouisite notice by publication and otherwise; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that the Planned Development Zoning Ordinance No. 260 should be amended to include the attachment of Exhibit "B", approved site plan, for development of a one-half acre tract of land out of the Peter Fishel Survey, Abstract No. 324, presently delineated on the Official Zoning Map as a portion of PD -SC No. 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Planned Development Zoning Ordinance No. 260 of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit "B", approved site plan, for development of a one-half acre tract of land out of the Peter Fishel Survey, Abstract No. 324, presently delineated on the Official Zoning Map as a portion of PD -SC No. 1. Ordinance No. 5 7 2 -12 - 8 4 - Page 1 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That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 Planned Development Zoning Ordinance No. 260 of the City of Allen as amended herein by the approval of attachment of Exhibit "B". 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 Planned Development Zoning Ordinance No. 260 of the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of one thousand dollars ($1,000.00) for each offense. SECTION 5. That it appears the above-described property reouires site plan approval 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. SECTION 6. That this Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 6th DAY OF December , 1984. Ordinance No. ,72_12_g4 - Page 2 APPROVED: ATTEST: Marty Hendrix, (6ty Secretary APPROVED AS TO FORM: i A. Don Crowder, City Attorney Ordinance No. .572-12-84 - Page 3 r - AFFIDAVIT AND PROOF OF PUBLICATION STATE OF TEXAS 1TY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appearecf 'hWAXAtii4rwloir#ing 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 Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 11-19.-84 and which was issued on 11-19-84 -,by City of Allen of Collin County, Texas. A printed copy of said publication is attached her 7H. V� �-0-N.^ SUBSCRIBED AND SWORN to before me this 5th day of December vA.D. 19 8 4 - Notary Public in and for Collin County, Texas Publisher's Fee $ Dianne k e r r Commission Expires 10/14/87 ITY OF ALLEN 'r NOTiCE•OF.?.� + PUBLIC Ii9ARINP Notice-is.hereby grven,- that the Allen City Coun, cil,will„conduct ,at their, regular meeting -on Thursday,,, December 6,-� 1984, at,7:30 p.m., in lhb- Council Chambers of,the, AIIen j, Municipal Annex,- � One Butler Circle, Allen,. 4 Texas, a public heahrig on a request for site plan, approval for, a day care ,r center„on a 1/2 acre tract' of land; 'as requested by ,CI yde,D.-Richard s:.--- 'Ihis, equest'for;.site plan approval on_a '_1/2'” acre tr ct,of land out of the Ppler,Fisher Survey,-, Abstract �,No:� 324,'Collih 1 Cdunty,-Texas, is located t on the east sideof,Allen r Hdights Drive, adjacent'f on: the 'north .to .single- family ."homes in " the TA15erbend I' Addition, and, on the east boun.' dary by property. in' the ownership of-•the+Allen{ Heights Baptist Church.1' ,Anyone* wishing.,xto, speak, FOR;or,,AGAINST- this request for site plan', approval is -invited to at- tend this public,hearing and voice their opinion. ,, If further information is eeded, call the Allen Municipal' Annex, Department"rof Com- munity Development, at 727 -9171 -,.,or. 424.7518 (metro) and refer to Zon- ing Case No. Z10-12-84.1'. I y Marty Hendrix City Secretary (Published In the Alien American on- Monday, November` 19,1984.) 6 la -/�L -,%4 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared XDSA20ia(CXi who having been by me duly sworn, on oath deposes and says: r . That he Ie publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas,, not less free quently than once a week, having a general circulation in said county, and having been published regularly and con. tenuously fot more than twelve months prior to publishing �ttkiir- notice of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on • 2-10-84 12-13-84 and which was issued on . _12 i nl AL - by of Collin County, Texas. A printed copy of said publication is attached 1, eto J, G✓ SUBSCRIBED AND SWORN to before me this 2c n d day of January. , A.D. 19: Notary Public in and for Collin County, Texas p'c�shheed� Dianne Kerr i1IbFALLEN Citizens and Binding all i Commission Expires 10/14/87 AUBLIC,NOTICE Inhabitants by all the Or- i ,,, Ordinance. 'No. ` Notice Is hereby given . 574.12.84: An Ordinance•' _.�,.�•., ` that the'• following 1; dinances, acts, Reaolu• No. 9 "Consisting `of a ',. -That Any Person,Flrm,,4 pof the City of Allen, Col. ;... notices were adopted -by tions and Regulations of 1.059 Acre Tract -and a .1 or Corporation violating t the Allen City Council at Said City; Providing a P g ,, 4 lin County, Texas, Amen,, ,their regular meeting Severability Clause; and ' 2.118 Acre Tract Located Any of the Provisions or ding the Subdivision Or,"s held on Thursday, Dec. 6, Providing. for the Effec•; i In the Peter Fisher il Terms of this Ordinance � 4nance`bf the City., -'00 hold Titles and Penalty five Date of Said ec Survey, Abstract No. 324; .Shall be Subject, to they; dinanoe:,No. 273,t�aa11 �' ( ' Yj dinance. Tract No. 10 Consisting Same Penalty as'Provid•� j Heretofore Amended to¢., Clauses only). Ordinance No. of a 2.0 Acre Tract, a 2.0 " ed for In the Planned as to Provide That All Ordinance No. Acre Tract, a 1.314 Acre Development Zoning Or-. JIFinal Plata of •Subdivl-,k 569.12.84: An Ordinance 571.12.84: An.Ordlnance Tract, a 3.0 Acre Tract, a••': dinance No. 260 of the alone or Additions,,( of the City of Allen, Col- of the City of Allen, Col. 2 0 Acre Tract, and a City of Allen end Upon 1 lin County, ,Texas, An- lin County, Texas,, An Y P Within ',the City ,or Its,�� nexing the Hereinafter- nexing the. Hereinafter-_ 18.875 Acre Tract Conviction 'Shall. be Extra.Territorial Juriadlc= Described Territory to Described Territory to Located In the William"- Punished by a Fine Not 'Alon,' and All Rapists,. the rib of Allen, Texas, the City of Allen, Texas, I Snyder Survey, Abstract'] to Exceed the Sum of ,t• Shall be Submitted to, A e City of All 293,188 Approximately. 583.39. No. 821; Tract No. 11 One Thousand Dollars r Considered By, and Acres Located In the Acres Located In the 1 Consisting of a 71.110 I (51,000.00) for Each Of-,' Finally Approved or Joab -Butler Survey,. Following Tracts: Tract Acre Tract located in the 4 tense.' .� Disapproved By, Only Abstract No. 47, in;the No. 1 Consisting of a 1.5 iJ• T. Roberta Survey, Ordinance No. the Planning and Zoning J.H. Wilcox Survey, Acre Tract, a .87 Acre ?Abstract' No. 777;• and 57312•84: An Ordinance �"Commission of the Qlty; 14 Abstract No. 1017, In the Tract, a 1.758 Acre Tract, oface 3 85 2AcresiTract=) /n Countthe y Texaof s, Amenl•, ' RevlaGg thedCertlficate ,J.H• .Wilcox Survey, a 1.455 Acre Tract, and a Plate; be Placed on Final Abstract No. 1018, In the .964 Acre Tract Located Located In the Henry ding Comprehensive, Plata; Amending All Or- • In the r Lewis Wetsel ' Wetsel Survey, Abstract �, Zoning ',Ordinance No.'' dinances or Parte.ot Or. ' Abstract No. 326, and In Survey, Abstract No. 978; No. 1026; Collin County,, '' 368 10 81,. as Prevlously'.l dinances +Ln ConfllCf the Joseph, Russell Tract No. Consisting of Texas, - and,- Extending Amended, so,, as to,,1= ti JCITY OF ALLEN - - PUBLIC NOTICE Notice Is hereby given the City of Allen, Texas, �Ihat Approximately 583.39 the tarty so as to Include Change the Following. the following notices were adopted by Acres Located In the werCite Said Hereinafter. Described Tract of Land From "LI" (Light In - the Ale"Council al Following Tracts: Tract No. 1 Consisting of a 1.5 Described Property Within the City Limits tion duslrial) Classlan regular meeting held on Thursday, Dec.6, Acre Tract, a .67 Acre and Granting to all In. Owners 'i to "PD" (Planned lanned Development) No. 30, 1984 (Titles and Penalty Tract, a 1.758 Acre Tract, a 1 455 Acre Tract, and a habitants and of Said Property all of the Said Tract of Land Being Clauses only). No. .964 Acre Tract Located Rights and Privileges of 'J Described as Follows: Ordinance 589.12.84: An Ordinance In the Lewis Weisel Other Citizens and Bin.Approximately 4 Acres of Land on Lot 1, Block A of the City of Allen, Col- Survey, Abstract No. 978, Tract No. 2 Consisting of '` ; ding all Inhabitants by all the Ordinances, Acta, of the Texet Addition, lin County, texas, An Hereinafter- a 1 493 Acre Trct Resolutions and Regula Collin County, Texas; nexing the Described Territory to Located in the William rtlons of Said City; Pro- Providing for Use Regulations; Providing the City of Allen, Texas, Perrin Survey, Abstract 293.168 No. 708, Tract No. 3 Con- t viding a Severability I Clause; and Providing for for a Site Plan; Providing Approxlately Acres Located In the ststing of a 5.00 Acre the Effective Date of for a Penalty,of Fine not to Exceed the Sum of Joab Buller Survey, Tract, a 800 Acre Tract, the and a Tract Said Ordinance. One Thousand Dollars Abstract No. 47, in Located InBthecre M Baln 57012.84 AnsOrdinan a ($1,000.00) for Each Of- J.H. Wilcox Survey, Abstract No. 10i7, in the Jamison Survey, of the City of Allen, Col tense; Providing for a Severability Clause; and y J.H- Wilcox Survey, Abstract No. 491; Track No 4 Consisting of a lin County, Texas, Amen. ding Planned Develop-„ Providing for the Effec• Abstract No. 1018, in the Ford Survey, � 75 64 Acre Tract, a 72.32 , rnent Zoning Ordinance tive Date of Said Or. C,.W• Abstract No 326, and in Acre Tract, a 43.8 Acre No. 260 to Include the At. "B", dinance, diThat AnyPerson, Firm the Joseph Russell Tract, a 69.6 Acre Tract, a Abstract No. 775, 17.513 Acre Tract, tachment of Exhibit Approved Site Plan, For or Cor oratlon.Violatin P g Provisions or Survey, Collin County, Texas, Located in the Henry Development of a 1fi Any of the Terms of this Ordinance Weisel Survey, Abstract No. 1026, and a 2.19 Acre Acre Tract out of the Peter Fishel Survey, Shall be Subject to the and Extending the Boun• Tract Located In the F.C. , Abstract No. 324, Same Penalty as Provide ed for In Comprehensive dary Limits of the City s0 W Ilmeth $urve Said Presently Delineated on the Official Zoning Map Zoning Ordinance No. as to Include Hereinafter -Described as a Portion of PD -SC - 366.10.81, as Previously Property Within the Citli Abstract No. 999: Tract I No. 1; Providing for a Amended, and Upon Limits and Granting tc No. 5 Consisting of a 1 I Penalty; Providing for an Conviction Shall be Punished by a Fine not all Inhabitants anc Acre Tract, a .50 Acre Owners of Said Piopertl Tract, and a 2 07 Acre f Effective Date; and Pro. viding for Publication of to Exceed the Sum of all of the Rights anc Tract Located In the Othe' T- Roberts the Caption. That Any Person, Firm, One Thousand Dollars (51,000.00) for Each Of. Privileges of James Citizens and Binding at Survey, Abstract No. 777, or Corporation Violating fense. Inhabitans by all the Or Tract No. 6 Consisting of Any of the Provisions or Ordinance No. dinances, Acts, Resolu a 34 781 Acre Tract Terms of this Ordinance ' 574.12.84: An Ordinance of the City of Allen, Col. tions and Regulations o Located In the Jonathan Providing r Phillips Survey, Abstract Shall be Subject to the Same Penalty as Provid. lin County, Texas, Amen- Said City, Severability Clause; an( No, 719; Tract No. 7 Con- ed for In the Planned ding the Subdivision Or. Providing for the Effec sisting of a 61.07 Acre Development Zoning Or 'dinance dinance of the City, Or No. 273, as live Date of Said Or Tract Located In the No. 260 of the dinance Heretofore Amended to dinance George Phillips Survey, !City of Allen and Upon 'Conviction as to Provide That All Ordinance NO Abslract No. 701• Traci Shall be Final Plats of Subdivi• 570.12-84: An Ordlnanc( �( the City of Allen, Col• - Punished by a Fine Not to Exceed the Sum of Bions or Additions of lin County, Texas, An- No. 8 Consisting of a Hereinafter• 1 357 Acre Tract, a 1000 One Thousand Dollars ($1,000.00) for Each Of. Within the City or its I Extra -Territorial Jurlsdic• nexing the Described Territory to Acre Tract, a 10 ACie a 10 Acre Tract, a lense No. lion, and All Replats, I Shall be Submitted to, the City of Allen of Allen, liacl, Approximately 15.2286 Acre Tract, a Ordinance , 573.12.84: An Ordinance r Considered By, and Texas 352.2054 Acres Located 4-145 Acre Tract, a 6.723 of the City of Allen, Col. Finally Approved or in the Wetsaul Fisher Acre Tract, a 1.920 Acre a 6 3924 Acre lin County, Texas, Amen. Disapproved By, Only the Planning and Zoning Survey, Abstract No. 323. Tract, and Tract Located In the din Comprehensive +Zoning Ordinance No. Commission of the City; — George W. Ford Survey, ; 366.10-81, as Previously Revising the Certificate The John J. Miller Abstract No. 328; Tract Consisting of a Amended, so as to I to be Placed on Final `lPlats; Amending All Or. , No. No. 9 Survey, Abstract No. 609, 1.059 Acre Tract and a _ dinances or Parts of Or - and the George F609, ugh 2 118 Acre Tract Located dinances In • Conflict Survey, Abstract No. In the Peter Fisher Herewith, to Conform to Collin County, Texas, Survey, Abstract No 324: the provisions Hereof; and Extending the Boun- tract No 10 Consisting Providing for Severabill• dary o iof the City c f a 2 0 Acre Tract, a 2 n ty; Providing an Effective Said as to Said :-- - tInn Hereinafter -Described a: Date; Providing for Punishment Upon Con - Property Within the Clly Acre Tract, a 1.314 Acre vlctlon of Violation Limits and Cranling to Tract, a 3.0 Acre Tract, a Hereof By Fine Not to all Inhabitants and 20 Acre Tract, and a Exceed $1,000.00 for Owners of Said Property 18 875 Acre Tract Each Offense; and all of the Rights and Located in the William Declaring an Emergency. Privileges of Other Snyder Survey, Abstract and Binding all It shall be unlawful for do Citizens No 821; Tract No. Inhabitants by all the Or- Consisting of a 71.110 11 any person to or cause to be done any act dinances, acts, Resolu- Acre Tract Located in the Regulations of or thing prohibited by It tions and J T Roberts Survey, this ordinance; and Said City; Providing a Abstract No. 777; and shall be unlawful for any Severability Clause; and Tract No, 12 Consisting person to fall to do any Providing for the Effec• of a 3.65 Acre Tract act or thing required five Date of Said Or Located In the Henry hereby. Upon conviction dinance Weisel Survey, Abstract or violation hereof, such Ordinance No. No 1026; Collin County, person shall bepunished An Ordinance Texas, and Extending Iby a fine not to exceed of the City of Allen, Col the Boundary Limlls_of of the $1,00000. Each day's Of. It,, County, Texas, An - fense shall be a separate hexing the Hereinafter- offense. Uescnbed Territory to Copies of these Or- -- — - - - _- dinances may be read or ---- - purchased In the Office of the City Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas. Marty Hendrix City Secretary (Published in the Alyn American on Monday, Dec. 10, 1984 and Thurs. day, Dec. 13, 1984.) If 1)7 Irl Z, r Sp 1 + S d' �t' I' 1" T WO 0,D /V C R 11 A Rozj N 0 YA Rt - CA K E CE ro,,J I Pz CX,) t1i 6 to ATTACHMENT TO ORD. NO. 572-12-84 Approved Site Plan - EXHIBIT "B" Adopted: 12-6-84 J, c - v, flW I. cc. 7f, 0Z r Lq CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR ' "! g q ORDINANCE/RESOLUTION St7 R 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.