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Home My WebLink AboutO-658-11-85i ORDINANCE NO. 658-11-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ORDINANCE NO. 366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO" AGRICULTURAL OPEN SPACE CLASSIFICATION TO PERMANENT ZONING OF "SC" SHOPPING CENTER; SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 6.1193 ACRES OF LAND SITUATED IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977, LOCATED AT THE SOUTHWEST CORNER OF JUPITER ROAD AND F.M. 2170, COLLIN COUNTY, TEXAS; 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 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 a 6.1193 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" (Agricultural -Open Space) to permanent zoning of "SC" Shopping Center. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, Ordinance No. 6 5 8 -11- 8 5- page 1 however, all other provisions of said ordinances not in conflict herewith shall remain in full force and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 Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the 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 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 5. 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, sentence 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 other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. 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 7th DAY OF AT^yemhPr , 1985. APPROVED: Donald P. Roden augh, Mayor ATTEST: /I M ` S PPRO TO FORM: Marty Hendrix, City cretary A. on rowder, City Attorney Ordinance No. 658-11-85- page 2 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 Notice of public Hearing - Cambridge Properties - David Westel Survey of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 20, 1985 and which was issued on 10-20-85 by City of Allen of Collin County, Texas. A printed copy of said publication is atta ed her to. SUBSCRIBED AND SWORN to before me this 18th day of November , A.D. 19 8 5 Notary Publi and for Collin County, Texas Publisher's Fee $ 14.40 NOTICE OF (q� PUBLIC HEARING Notice is hereby given that the Allen City Coun- cil will conduct a public hearing at 7:30 p.m. on Thursday, November %, 1985, in the Council Chambers of the Alleri Municipal Annex, One Butler Circle,. Allen Texas, to consider a re quest -for permanent zon- ing of SC (Shopping Center) on,6.1193 acres of land as, requested by Cam bndge'Properties. This zoning change re- quest -is to rezone the property from AO (Agricultural --Open Space)' tb ` permanent Zonong of SC (Shopping Center) on 6.1193 acres' of land out of the David Wets el Survey, Abstract No. 977, located at the southwest corner of the intersection of F.M. 2170 and Jupiter Road. Anyone wishing to speak either FOR or AGAINST this reequest is invited to attend this public hearing and voice their opinion. If further informafibn on this request is need-! ed, contact the Depart-� ment of, Community Development, Allen Municipal Annex, at 727.9171 or 424.7518 (metro). Marty Hendrix, City Secretary (To be published in the Allen American on Satur- day, October 19, 1985.) l_S/ ,^ 15 C(,' ►1-e-6� A C ORDINANCE 658-11-85 EXHIBIT "A" S Set I R. _ r�— ---- 0 0 u, ko z• EX1i? BI / F M-Hlel--Y.--N0-21 Q---`� N88'3�575" 1`10_7 11 's VaiteL ane l/7 `'pt I R S46056'08't ,1,-7°55'54' 66.99' t?= 730.72 x L=101.l6' o�()Iy i--- ,. ---- -- X --1 j Old F-pnce c, _3 AU OA Q, 0 rn Q G' f.a 16.1193 Acres 2661557 Sq. Ft. C --(-MAIN —51REETi- Overhead Power Line and Underground Tele. Cable Set 1 R. POIrJT OF BE611ANING, i� SCALE' 1-100' ,;'1RV!:'i PLM' ()rigi.nally Surveyed September 21, 1983 Checked and Recertified August 20, 1985 1'hl , is to certify that 1 have this day made a careful and aceurate survey of the following described property. SI'IIIAI•IiU in the City of Allc•n, C01.11rr c)tinty, Texas, in the Uavid Wetsel Survey, Abstract :do. 977, and being n resurvey of part of a called 30.26 Acrd't'ract of land described in two tracts in a dead from s7CNTRY 'f. .10'IrS, et tux, to "1111"170 V. (WIMY, et it, or, recorded in Vol. 58.5, Page 116, and Vot. 591, Page 151 of the Collin County heed Records, and a part of a called 0.56 Acre-I•rnct In the name of Trene Cafney, said part being more part Ictilarly described as follows: I1F',Cl'JN1;1G at a 60d nail set in the :;oath 1 1-110 )f I'. M. 111911Wly "lo. 2170 and the Ilest line of Jupiter Road; 1;3°06'45"14, 772.33 feet al)nP till, West I in(-, of said Jupiter Road to an Iron rod set tlrcretn; Tllt:','('I; N1166 53' 1 5"W, 330.00 feet to an iron rod set,, 'flii:,wr '43"W4 i"r., 800.00 feet to a11 iron rod !;pt in the South line of said r. *i. highway `Jo. 2170, said point being 111 a c.rurve to the right having a central angle of 7°55'54" and a radius of 730.12 feet; 1'iIG:JCG Tong the South line of I .1. II {ghway No. 21 7 0 anti along sa id curve to the right a distance of 101.16 feet to an true rod set sit the end of said curve-, ilii{N(;l1- W28°36'15"l1-, 178.13 feet along the soutli line of said P. M. highway X10. 2170 to st wooden highway rtght-of-way mr►rkur therein; 'rlll:;J(a? 546'56'04"r., 66.91) fel,t :clans; tics. sornti, line of ,aid r. M. Highway NO. 2170 to Lite place of beginning and contnlning 6.1193 Acres or 206.557 Square feet of land. 'I'hts plat Is a true and correct represertatton of the property described hereon to Lite hest of my professional knowledge and belief. 'there are no encroachments- or protrtisions. �E OF jFa C.P.�9 RUOERr W. CUMMINGS itohcrt W. (:u mminl;s, Registered Yuhl Ic'•5urvcyor, `{o. GOG(1 .... ......... q•. 4060 C. SU��o CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR I q 91T— .-Aft ORDINANCE/RESOLUTION �pYX '7 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.