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HomeMy WebLinkAboutO-574-12-84ORDINANCE NO. 574-12-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE SUBDIVISION ORDINANCE OF THE CITY, ORDINANCE NO. 273, AS HERETOFORE AMENDED SO AS TO PROVIDE THAT ALL FINAL PLATS OF SUBDIVISIONS OR ADDITIONS WITHIN THE CITY OR ITS EXTRA -TERRITORIAL JURISDICTION, AND ALL REPLATS, SHALL BE SUBMITTED TO, CONSIDERED BY, AND FINALLY APPROVED OR DISAPPROVED BY, ONLY THE PLANNING AND ZONING COMMISSION OF THE CITY: REVISING THE CERTIFICATE TO BE PLACED ON FINAL PLATS; AMENDING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, TO CONFORM TO THE PROVISIONS HEREOF; PROVIDING FOR SEVERABILITY; ' PROVIDING AN EFFECTIVE DATE: PROVIDING FOR PUNISHMENT UPON CONVICTION OF VIOLATION HEREOF BY FINE NOT TO EXCEED $1,000.00 FOR EACH OFFENSE; AND DECLARING AN EMERGENCY. WHEREAS, the Subdivision Statute of the State of Texas, Article 974a, V.T.C.S., as heretofore amended, requires all final plats of subdivisions or additions within a city, or its extra -territorial jurisdiction, and all replats, be approved by the City Planning Commission, and permits the governing body of such city to additionally require approval of such final plat or replat by the governing body; and, WHEREAS, Ordinance No. 273, of the City of Allen, Texas, passed and approved August 16, 1979, as heretofore amended (the "Subdivision Ordinance"), and various other ordinances of the City of Allen, currently provide and require all final plats of subdivisions or additions within the City, or its extra -territorial jurisdiction, and all replats, be, after recommendation by the Planning and Zoning Commission, submitted to, considered by, and approved or disapproved by, the City Council; and, WHEREAS, the City Council, upon deliberation and consideration of the matter, is of the opinion and finds that it is in the best interests of the City of Allen to hereafter provide that all final plats of subdivisions or additions within the City or its extra -territorial jurisdiction, and all replats, shall be submitted to, considered by, and finally approved or disapproved by, the City's Planning and Zoning Commission, thereby Ordinance No. 574-12-84 - Page 1 eliminating the required approval thereof by the City Council, and that the Subdivision Ordinance and all other ordinances of the City in conflict therewith should be amended to so provide; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1. The finds of fact, recitations, and other matters set forth in the preamble of this Ordinance are hereby incorporated into and made a part of the body of of this Ordinance, for all purposes. Section 2. The Subdivisions of the City, Ordinance No. 273, passed and approved August 16, 1979, as heretofore amended, is hereby further amended to provide that from and after the effective date hereof, all final plats of subdivisions or additions within the City or its extra -territorial jurisdiction, and all replats, shall be submitted to, considered by, and finally approved or disapproved by, only the Planning and Zoning Commission of the City of Allen. From and after the effective date of this Ordinance, there shall be no requirement for submission to, consideration by, or disapproval or approval by, the City Council, with regard to a final plat of a subdivision or addition within the City or its extra -territorial jurisdiction, or a replat; and the action of the Planning and Zoning Commission in approving or disapproving of same shall be final in all things. Section 3. Article III, Section 3.4(s)(d) of the Subdivision Ordinance is hereby amended to read as follows: "d. The following certificates shall be placed on the Final Plat, in a manner that will allow the filling in of the certificate by the proper party: "Approved" "Executed Pro Forma" Chairman Mayor Planning and Zoning Commission City of Allen, Texas Date Date "The undersigned, the City Secretary of the City of Allen, Texas, hereby certifies that the foregoing Final Plat of the Subdivision or Addition to the City of Allen was submitted to the Planning and Zoning Commission and approved by it on the day of , 19 ; and that such approval constitutes acceptance by the City of Allen of the dedication of streets, alleys, parks, easements, and public ways, as shown and set forth in and upon said Plat, subject to the provisions of the Subdivision Ordinance of the City of Allen, as amended." City Secretary City of Allen Ordinance No. 574-12-6-:14 - Page 2 Section 4. All ordinances or parts of ordinances of the City of Allen, including the Subdivision Ordinance, in conflict with 'any of the provisions of this Ordinance are hereby amended to conform to the provision hereof in all things. Section 5. Wherever in the Subdivision Ordinance or other ordinance of the City any action with regard to submission, consideration, approval, or disapproval of a final plat or replat of a subdivision or addition within the City or its extra -territorial jurisdiction, is required or permitted to be taken by the City Council, or any subsequent event is predicated upon such action, hereby amended so that the action shall hereafter be taken solely by the Planning and Zoning Commission. Section 6. It is the intention of the City Council that this Ordinance and every provision hereof be severable. In the event that any word, clause, sentence, paragraph, section, or sections of this ordinance be declared unconstitutional, or in any other matter unenforceable, the City Council hereby states that it would have inacted this ordinance without such unconstitutional or otherwise unenforceable word, clause, sentence, section, or sections, had it been aware of such unconstitutionality or unenforceability. Section 7. It shall be unlawful for any person to do or cause to be done any act or thing prohibited by this ordinance, and it shall be unlawful for any person to fail to do any act or thing required hereby. Upon conviction or violation hereof, such person shall be punished by fine not to exceed $1,000.00 dollars. Each day's offense shall be a separate offense. Section 8. The necessity for the immediate inactment of the provisions of this ordinance, thereby protecting and promoting the public health, safety, comfort, general welfare, and interest 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 provided. Ordinance No. 574-12-84 - Page 3 DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin County, Texas, this 6th day of December, 1984. APPROVED: ATTEST: Marty Hendrix, C4ty Secretary APPROVED AS TO FORM: A. ttorney Ordinance No. 574-12-34 - page 4 I � t AFFIDAVIT AND PROOF OF PUBLICATION TETE S'L'ATE OF TEXAS Jr COUNTY OF COLLIN Charles F. Barnard, BEFORE ME, the undersigned authority, on this day personally appeared XDft)O X(, who having been by me duly sworn, on oath deposes and says: d in That he is publisher of THE ALLEN AMERICAN, a newspnuntpuand having bleen published regularly and on' lin County, Texas, not less fre. Th P general circulation in said county. quently than once a week, having a g tinuously for more than twelve months prior to publishing blished in THE ALLEN AMERICAN on of which the attached is a true and written copy, and which was Pu and which was issued on ___ 1- 2=1Il- , by eto of Collin County, Texas. A printed copy of said publication is attached he J, 1 SUBSCRIBED AND SWORN to beforeme this 2--- c�d— Piihliahpr'g Fee.S (�(�r �•" _X Or (CITY OF ALLEN Citizens and Binding all PUBLIC NOTICE t^,��5 Inhabitants by all the Or. \S Notice Is hereby given dinances, acts, Resolu• that the following tions and Regulations of notices were adopted by Said City; Providing a 1 the Allen City Council at Severability Clause; and 2 their regular meeting Providing for the Effec• I j held on Thursday, Dec. 6, live Date of Said Or. (Titles and Penally dinance. I1984 Clauses on1Y)- Ordinance No. Ordinance No. 571.12.84; An Ordinance 569.12.84: An Ordinance of the City of Allen, Col- of the Clly of Allen, Col- Ila County, Texas, An Ila County, Texas, An- the He nexln the Hereinafter- nexing Described Territory to Described Territory to the City of Allen, Texas, t the City of Allen, Texas, Approximately 583.39 A oc to 2In the Located In the Acres Located In the res Acres Following Tracts: Tract Butler Survey, in the No. 1 Consisting of a 1.5 l Abstract No. 47, Abstract Acre Tract, a .67 Acre Wilcox Survey, In the Tract, a 1.758 Acre Tract, Abstract Abs a 1.455 Acre Tract, and a Wilcox1017, lcSurvey, 964 Acre Tract Located Abstract N 1018, In the Abs In the Lewis Weisel r G. W. Ford Survey. No. 328, and in Survey,Abstract No. 978; Abstract Joseph Russell Tract o. 2 Consisting of the Survey, Abstract No. 775, a 1.493 Acre Trct Located In theWilliam Collin County, Texas, and Extending the Boun- Perrin Survey, ct No. 708; Tract No. 3 Con - dory Limits of the City so Said silting of a 5.00 Acre as to Include Hereinaller- Described Tract, a 6.00 Acre Tract, and a 11.1783 Acre Tract Property Within the City Located In the MCBsIn Llrnits and Granting to all inhabitants and Jamison Survey, 491; Track Pr Owners of Said Property a Abstract No. No. 4 Consisting of a Rightsand all the Rd 75.64 Acre Tract, a 72.32 Privileges Other Citizens and Binding all Citizensa allOr- Acre Tract, a 43.8 Acre by all the Inhabidinances, Tract, a 69.6 Acre Tract, a Acts, Resolu Locate Acre Tract, Localeo the Henry tions and Regulations of r Weisel Survey, Abstract Said City; Providing a Clause; and No. 1026, and a 2.19 Acre Severability Providing for the Effec• Tract Located In the F.C. live Date of Said Or- Wilmeth Survey, Abstract No. 999; Tract dinance. No. No. 5 Consisting of a 1 Ordinance 570.12.84: An Ordinance Acre Tract, a .50 Acre ' Tract, and a 2.07 Acre of the City of Allen, Col- Tract Located In the lin County, Texas, An- nexing the Hereinafter- James T. Roberts Survey, Abstract No. 777; Described Territory to Tract No. 6 Consisting of the City of Allen of Allen, a 34.781 Acre Tract Texas Approximately Located In the Jonathan 352.2054 Acres Located Phillips Survey, act In the Wetsaul Fisher No. 719; Tract No. 7 Con - Survey, Abair act No. 323, eisting of a 61.07 Acre The John J. Miller Survey, Abstract No. 609, Tract Located In the George Phillips Survey, and the George Fitzugh Abstract No. 701; Tract Survey, Abstract No. 320, No. 6 Consisting of a Collin County, Texas, 1.357 Acre Tract, a 10.00 and Extending the Boun- Acre Tract, a 10 Acre dory Limits of the City eo Said Tract, a 10 Acre Tract, a as to Include HerelnefIer-Described 15.2286 Acre Tract, a 4.145 Acre Tract, a 8.723 Properly Within the City Acre Tract, a 1.920 Acre Limits and Granting to Tract, and a 6.3924 Acre oil Inhabitants and Owners of Said Property Tract Located In the George W. Ford Survey, pn of IhA Rlghls and _.- . �i. i7n- Trar,t .day of Jan��ary , A.D. 19—U- Notary Public in and for Collin County, Texas Dianne Kerr Commission Expires 10/14/87 &M-12-111147-AW Ordiparice�i No. 9 Consisting of a That Any Person, Firm, (if of=t o ,A en, -Col• .059 Acre Tract and a or Corporation Violating . , lin County, Texas, Amen- , .118 Acre Tract Located Any of the Provisions or ' ding the Subdivision Or- n the Peter Fisher Terme of this Ordinance dinance of the City, Or.' Survey, Abstract No. 324; Shall be Subject to the, dinance No. 273, as,l Tract No. 10 Consisting Same Penalty ea Provld- Heretofore Amended to , oI a 2.0 Acre Tract, a 2.0 ed for in the Planned' ' as to Provide That All ng T divi- arctTa 30 Acre Tract, a 1.314 Acre dinance Not 2601of the aloner- Final or of Additions , 2.0 Acre Tract, and a City of Allen and Upon Within 'the City or Its, 18.875 Acre Tract Conviction Shall be Extra -Territorial Juriedic- Located In the William Punished by a Fine Not tion, and All Replats,, Snyder Survey, Abstract to Exceed the Sum of Shall be Submitted to, No. 821; Tract No. 11 One Thousand Dollars Considered By, and Consisting of a 71.110 ($1,000.00) for,Each Of- , Finally Approved or Acre Tract Located in the fense. Disapproved By, Only J. T. Roberts Survey, Ordinance No. the Planning and Zoning 'I Abstract No. 777; and ! 573.12.84: An Ordinance Commission of the City; Tract No. 12 Consisting I of the City of Allen, Col- Revising the Certificate •i of a 3.65 Acre Tract 1 lin County, Texas, Amen- to be Placed on Final Located In the Henry ding Comprehensive Plats; Amending All Or - Weisel Survey, Abstract Zoning ' O dinancas Previously' ydinancesNO. dinances orinarts of Or.,,, No. 1026; Collin County, i Texas, and Extending i Amended, so as to, Herewith, o.ConformHereto the Boundary Limits of Change the Following- the s the City so as to Include ' Described Tract of Land Providing for Severabill- Said Hereinafter- From "LI" (Light In, ty; Providing an Effective N Described Property dustrial) Classification Date; Providing for " Within the City Limits to "PD" (Planned s Punishment- Upon Con•;r and Granting to. all In- Development) No. 30, viction of :Violation habitants and Owners of , Said Tract of Land Being Hereof By Fine Not to Said Property all of the Described as Follows: Exceed $1,000.00 for' 1 Rights and Privileges of , Approximately 4 Acres Each Offense; and 4 Other Citizens and Bin- ' of Land on Lot 1, Block A Declaring an Emergency. . ding all Inhabitants by all of the Texet Addition, ; It shall be unlawful for- the Ordinances, Acts, Collin County, Texas; any. person to do or Resolutions and Regula- Providing for Use cause to be done any act tions of Said City; Pro- Regulations; Providing , or thing prohibited by,, viding a Severability for a Site Plan; Providing this ordinance; and It thleusEffectiveovDate f of foor r Exceed the the of person of Fine not shall to unlawful tofall to do'any Said Ordinance. One Thousand Dollars t act or thing - required Ordinance No. (51,000.00) for Each Of, hereby. Upon conviction', 572.12.84: An Ordinance lense; Providing for a or violation hereof, such of the City of Allen, Col. Severability Clause; and + person shall be punished lin County, Texas, Amen- Providing for the Effec• Iby a fine not to exceed ding Planned Develop- live Date of Said Or- $1,000.00. Each day's of-'! menl Zoning Ordinance dinance. I tense shall be a separate . No. 260 to Include the At. i That Any Person, Firm offense. tachment of Exhibit "B", ' or Corporation Violating Copies, of these, Or, ! Any of the Provisions or Approved Site Plan, For dinances may be read or' Development of a tis Terms of this Ordinance purchased In the Offlcq t Acre Tract out of the Shall be Subject to the of the City_Secretary, Peter Fishel Survey, Same Penalty as Provid• ;Allen Municipal Ae><t ed for In Comprehensive.; One Butler Circle, nnAlen, Abstract No. 324, Zoning Ordinance No.; Texas. ' Presently Delineated on 388.10-81, as Previously Marty Hand ri the Official Zoning Map , Amended, and Upon CltySecreta as a Portion of PD SC 'Conviction Shall be (Published In the All No. 1; Providing for a Punished by a Fine not American on Monday Penalty; Providing for an ' to Exceed the Sum of Dec. 10, 1084 and Thum Effective Date; and Pro- One Thousand Dollars day. Dec. 13, and viding for Publication of (s1 000.00) for Each Of.. Caption. fense.