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Home My WebLink AboutO-648-10-85ORDINANCE NO. 648-10-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81, OF THE CITY OF ALLEN AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING DESCRIBED TRACT OF LAND FROM "AO" AGRICULTURAL OPEN SPACE CLASSIFICATION TO "CF" COMMUNITY FACILITIES; SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 65 ACRES OF LAND SITUATED IN COLLIN COUNTY, TEXAS, BEING A PART OF THE GEORGE PHILLIP SURVEY, AND BEING A RESURVEY OF 60 ACRES OF LAND CONVEYED BY G.D. JOHNSON, ET UX, TO J.C. STORY, ET UX, BY DEED RECORDED IN VOLUME 340, PAGE 231, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, LESS, HOWEVER, THAT PORTION OF SAID 60 ACRES CONVEYED BY J.C. STORY, ET UX, TO THE STATE OF TEXAS FOR HIGHWAY PURPOSES; PROVIDING FOR A SITE PLAN, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $1,000.00 FOR EACH OFFENSE, PROVIDING FOR A SEVERABILITY CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That 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 approximately 65 acres of land described in Exhibit "A" attached Ordinance No. 648-10-85 - Page 1 hereto and made a part hereof for all purposes, by changing the zoning classification from "AO" Agricultural Open Space to "CF" Community Facility. SECTION 2. That the Site Plan approved and described as Exhibit "B" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development. SECTION 3. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall 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 4. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachment of Exhibit "B". SECTION 5. 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 No. 366-10-81, as previously 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 6. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any remaining phrase, clause, sentence, paragraph, or section of this ordinance, and the City Council hereby declares that it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 7. 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. Ordinance No. 648-10-8 5- Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 17th DAY OF TA -maw, 0 0. FL ; 04-- G-' PleTil-Wr-owder, City Attorney October 1985. APPROVED: ATTEST: Marty Hendrix, Citt Secretary Ordinance No. 648-10-85 - Page 3 ' ORDINANCE NO. 648-10-85 EXHIBIT "A" i 1 Scale 1' - 10o, SITE P LAN RIDGEVIEW MEMORIAL PARK rlNE - JACKSON - MORROW, Highway #75, I LEGEND ; _ Esl�llnp Maintenance Shed °uture Mausoleum 'ropossd Mausoleum Allen, Texas. Job#85128 9/2/85 January ConaulLanta ie �e TCMM.nm. ! tui 75... .O. NCY, ,lOe• THE STATE OF TEXAS COUNTY OF COLLIN I. the undersigned, a Registered Professional Engineer, do hereby certify that the following is a true And correct des- cription of a survey made on"the ground on the 12th day of April 1950, to-vit: -�``��` SITUATED in Collin County, Texas, and being a part of the George Phillipe Survey, and being a resurvey of 60 acres of land conveyed by G.D. Johnson, et ux to J.C.Story et ux by deed recorded in Vol. 3400 rige 231, of the Leed records of Collin County, Texas, LESS HOWEVER, that portion of said 60 acres con- veyed by J.C.Story et ux to the State of Texas for Highway purposes; , BEGINNING at a stake in the North line of the George Phillips Survey, said stake being in the middle of a County road, said stake -also being in the West right of way line of new U.S. Highway 75; THENCE WEST with the North line of the George Phillips Survey and the middle of the above dimensioned County road 1537.0 feet to a stake in the Northwest corner of the above mentioned 60 acre tract; THENCE SOUTH 04 deg. 34 Min. West with the West line of said 60 qLore tract 1565.7 feet to a stake in the Southwest corner thereof; THENCE SOUTH 06 deg. 10 Min. East 1623.5 feet to a stake in the West right of way line of U.S.Highway 75; THENCE in a Northeasterly direction with the Nest right of way line of said Highway and conforming to a curve therein and being described by metes and bounds as follows: 110. V NORTH 16 deg. OS Min. EAst 114.1 feet to a right of way marker; NORTH 15 deg. Og Min. East 264.0 feet to a stake; THENCE NORTH 00 deg. 46 Min. best 1260.7 feet to a stake in the West right of way line of said Highway; THENCE NORTH 66 deg. 56 Min. gest with the right of way line of said Highway 52.5 feet to a stake; THENCE NORTH 14 deg. 35 min East with the right of way of said Hiway 27.0 feet to the place of beginning, and containing 61.07 acres of land. GIVEN UNDER MY H .PID• A14D SEAL OF OFFIC this the 29th day of April 1955. • eg s ere ro ess ons Engineer No. 9§17. r 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 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 . t Notice of Public Hearing - Ridgeview Memorial Park of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 2, 1985 10-2-85 b City of Allen and which was issued on � y of Collin County, Texas. A printed copy of said publicationis at ached ere o. 18th November 85 ,SUBSCRIBED AND SWORN to before me this day of A.A.D. 19 Notary Pu�blin�andor Collin County. Texas Publisher's Fee $ 14.40 a -4a Per o.-�, U CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Coun- cil will conduct a public hearing at 7:30 p.m. bn Thursday, October 17, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a're- quest fdr a permanent zoning change from AO � (Agricultural Open Space) to CF (Communi- ty Facillities) on 65 Acres of Land and to consider a request for site plan ap proval on the 65 acre§ of land as requested.. by R;dgeview Memorial Park. -- This request for'per- manent zoning and site plan approval is on_ 65 acres of land out of the George Phillip Survey, Collin County, Texas, located west of U.S. 75 and south 1 of +State Highway 121. 'a Anyone wishing s to speak either FOR or AGAINST this request i's, invited to attend the meeting and voice their opinion. Iffurther information is needed;call t"(, jD_ epartment of COM munity Development 424 7518 (metro)0 727-9171. Marty Hendrix City Secretar Allen Ao be m!erlcan ised to wadnasday. Oct. 2,198: F UT URE MAUSOLEUMS F. M. -- ---- - 11M em son 4M mm swmmwm�j me I BINIG MERWOMWEEMW 0 Scale : 1" o j, Tr- E-- D: � 6 � t �+ c � LI' -,U. ij PW- & r a s i� T URRENTINE,-- JACKSON - M 0 RROW9 LEGEND : E.M.S. =Existing Maintenance Shed F.M. xx Future Mausoleum P.M. W, Proposed Mausoleum 100' IL High wa y #75, Allen, Texas. J o b