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Home My WebLink AboutO-594-3-85ORDINANCE NO. 594-3-85 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 ESTABLISH PERMANENT ZONING ON 76.188 ACRES OF LAND, MORE OR LESS, IN THE FOLLOWING -DESCRIBED TRACTS OF LAND, TO WIT: TRACT NO. 1 - "LR", (LOCAL RETAIL) ON 6 ACRES OF LAND; TRACT NO. 2 - "TH", (TOWNHOUSE) ON 11.79 ACRES OF LAND; TRACT NO. 3 - "R-4", (RESIDENTIAL) ON 27 ACRES OF LAND; TRACT NO. 4 - "R- 3", (RESIDENTIAL) ON 25 ACRES OF LAND; TRACT NO. 5 - "R-2"9 (RESIDENTIAL) ON 5 ACRES OF LAND, OUT OF THE WILLIAM SNYDER SURVEY, ABSTRACT NO. 821, COLLIN COUNTY, TEXAS, LOCATED AT THE NORTHEAST CORNER OF MALONE ROAD AND PROPOSED BETHANY ROAD; PROVIDING FOR A PENTALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR AND EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF A CAPTION. WHEREAS, the City Planning and 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 No. 366-10-81 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 on a 76.188 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes, by changing the zoning classification from "AO" to give the following -described tracts of land the Ordinance No. 594-3-85 - Page 1 following zoning classifications, to -wit: That these areas be and the same are hereby zoned as follows: Tract 1 6 Acres "LR" Local Retail Tract 2 11.79 Acres "TH" Townhouse Tract 3 27 Acres "R-4" Residential Tract 4 25 Acres 1111-3" Residential Tract 5 5 Acres "R-2" Residential See Exhibit "B" attached hereto and made a part hereof for all purposes showing site plan for property described in Exhibit "A". SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed all other provisions of said ordinance shall remain in full force and effect. SECTION 3. That the above-described tracts of land shall be used 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 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 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 One Thousand Dollars ($1,000.00) for each offense. SECTION 5. Whereas, it appears that the above-described property requires that it be given the above zoning classifications 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 provided. Ordinance No. 594-3-85 - page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 21 s DAY OF MARCH . 1985. APPROVED: MW Donald P. Roddnbaugh, ayor ATTEST: Marty Hendrix, Cit8 Secretary APPROVED AS TO FORM: Ordinance No. 594-3-85 - Page 3 Ic R3 io TRAgT 4 n s I � S`y 0 K �O y` R4 cr a�r3 a TRACT 3 �— — _ O� p0 I' r r I n Y � � I z �. zI TH TRACT 7 LR II TRACT 1 II - n ----'— Q was 4' 86THANY ROAD EBQQM LAW ABU lR •ACRES TH 11.11 ACRE! sr; S/ ACRES RS 30 ACRE! I57a1 M 21 ACRES (41%; ��M°NOUSiiia l000 s r ORDINANCE NO 594-3-85 EXHIBIT "A" BRINKLEY DRINKLEY b SARGENT. INC. A BrinklN a 8rW** C mWV W T.r1 lCs'** $420 L&j (HAb 1.0% TS740 )14 MO1 1 JiIoTG� .�`a`bra� Q 2 w�► s adda•� R3 13 ►nOW .ZSrtwtra.S M4T) (f 2 LL , S, num SUBJEPROPEB VICINITY MAP AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Bernard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared X��kt ftX M, who having been THE 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 - Request for Rezoning of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on January 21, 1985 and which was issued on 1/21/85 , by r i t V o f A l 1p n of Collin County, Texas. A printed copy of said publication is att ched hereto. SUBSCRIBED AND SWORN to before me this 11th day of February , A.D. 19 85 Notary Public in and for Collin County, Texas Publisher's Fee I V CITy OF ALLEN 1 NOTICE OF PUBLIC HEARING Notice is hereby given ;hat the Allen City Coun- cil will conduct a public hearing at their regular meeting to be held on Thursday, February 7, 1985, a1 7:30 p•m•, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, on a request for rezoning on 76.1 Teaarers as requested by vestments, Inc. This request is to change the Presentzon- cr- g ofAgnultue— Nbpen Space to 6 acres of I Local Retail; 5 acres of R.� '(Residential); 11.79 acres of Townhouse;. 25 cr aesici R-3 (Resideritial) and 27 acres of ' R-4 i (Residential), with volum _ i tary-deed restrictions f o set a 1;604 sq. minimum house size. This request for zoning ,hnnne is on 76.188 acres of land out of the William Snyder Survey, Abstract No. 821, located at the northeast corner of Bethany Road and Malone Road. Anyone wishing to speak either 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' 'Com- munity Develop?hen1,"at 727,91.71 -or -424-7518 (metro). ' c Marty,Hendnx City Secretary (Published in,�he Allen* American on Monday, January 21;_ 1985.) __ r j f AFFIDAVIT AND PROOF OF PUBLICATION STATE OF TEXAS JTY OF COLLIN Chaiiii", d, Jr. BEFORE ME, the undersigned authority, on this day personally appeared who having 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 ently than once a week, having a general circulation in said county, and having been published regularly and Luously for more than twelve months prior to publishing Ordinance 4594-3-85 wnicn Ene attacttetl is a true and written copy, and which was published in THE ALLEN AMERICAN on March 25, & 28, 1985 d which was issued on 3/25/85 by Collin County, Texas. A printed copy of said publication is UBSCRIBED AND SWORN to before me this day blisher's Fee $ 4 3.2 0 1WTY OF ALEN ed for in the Comprehen- PUBLIC NOTICE sive Zoning,Ordinance of Notice is hereby given the City of, 'Allen, as hat the Allen City Coun- heretofore amended, and cil adopted the following upon conviction shall be ordinance in. a regular punished by's fine not to session held on' Thurs- exceed the sum,bf One day, March21,1985(Title Thousand Dollars and Penalty Clause on- ($1,000.00) for, each of- ly.). fense. " Ordinance, No. A copyof_ this , or - 594.3.85: An Ordinance dinance may', be Ye'ad or of the City of Allen, Col-- purchased'in W6 "office lin County, Texas, Amen- of the City Secretary, ding the Comprehensive Allen Munici�al Arinex, Zoning Ordinance"of the One Butler Circle; Allen, City of ` Allen,; 'as Texas. ' f ,. Heretofore' Amended, so - Marty Hendrix as -to .Establish, Perma- City Secretary nent' Zoning on 76.188 (Published In the Allen Acres of Land, More or American on Monday, Less, In ,the Following- IMar6h 25, 1985 ,and Described Tracts of Thursday, March 28, Land, To Wit: Tract No. 1 1985.) ` — "LR" (Local Retail) on -- -�---- 6 Acres of Land; Tract No. 2 — "TH'f (Townhouse), on 11.79' — -- 1 Acres of Land,; Tract No. _ 3 — "R-4" (Residential), on 27 Acres of Land; Tract No. 4 — "R-3" (Residential), on 25 Acres of Land; Tract No. 5 — 11R-2" (Residential), on 5 Acres of Land, Out of the William Snyder Survey, Abstract No. 821, Collin County, Texas, Located at the Northeast Corner of Malone Road and Proposed Bethany Road; Providing for a Penalty of Fine Not to Exceed the Suni of One Thousand Dollars ($1,000.00) For Each Of- fense; Providing for an Effective Date; and Pro- viding for Publication of a Caption. `• It ''' ' 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- Notary Pu City of Allen in and for Collin County, Texas OF•ALEN ELIC NOTICE Notice is hereby given that,the Allbn City Codn- cil adopted the following ordinance in a regular session held, on Thurs- day, March -211-1985 (Title and Penalty' Clause on- ly,), ) , Ol'dinance ' No.• 5943.85: An 'Ordinance of the City of Allen, Col- lin County, Texas, Amen- dingthe,Comprehensive Zoning Ordinance of the .City of Allen,' as Heretofore Amended, so as to"'Establish Perma- nent Zoning- oh'76.188 Acres of Land, More or Less, In the Following- Described- Tracts of Land; To Wit: Tract No. 1 — "LR" (C'ocal Retail) on 6. Acres of. Land; Tract No. 2 — "TH" (Townhouse), on 11.79 Acres of Land,; Tract No. 3 — "R-4" '(Residential), on 27 -Acres of Land; Tract No.' 4, —' "R-3" (Residential),. on 25 Acres of Land; Trach No. 5 — "R-2" (Residential), on 5 Acres of Land, Out of the William Snyder Survey, Abstract No. 821, Collin County, ' Texas, Located at the Northeast -Corner of Malone Road and Proposed, Bethany Road; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand - Dollars ($1,000.00)' For Each Of- fense; Providltfg fdr an Effective Date;tiand Pro- viding for'Publication of a Caotion. or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as pFovid- 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 e*eed the 7sum of One Thousand 'Doll'ars ($1,000.00)- for each of- fense. A 'copy of -this or- dinance may be read or puFchased _in the office of the City Secretary, Allen -Municipal Annex, One BUtlei Circle, Allen, Texas. . ,. Marty Hendrix :i City Secretary (Published in the Allen American on Monday, March. 25, 1985 and Thursday, March 28, 1985.)