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Home My WebLink AboutO-680-3-86ORDINANCE NO. 6 8 0- 3- 8 6 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING 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 "PD" (PLANNED DEVELOPMENT) NO. 35, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 180.170 ACRES OF LAND LYING IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE PHILLIPS SURVEY, ABSTRACT NO. 719, COLLIN COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A LAND USE MAP; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($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 180.170 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 "PD" (Planned Development) No. 35. Ordinance No. 6 8 0- 3- 8 6 - Page 1 SECTION 2. That the Use Regulations and other data described as Exhibit "B" and attached hereto and made a part hereof for all purposes shall be the governing regulations for PD (Planned Development) No. 35. SECTION 3. That the Land Use Map approved and described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development of PD (Planned Development) No. 35. SECTION 4. • 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 5. 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 Exhibits "BTM and "C". SECTION 6. 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 7. 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 delcares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 8. 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. 680-3-86 - Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 6th DAY OF March 1986. APPROVED: BE5;�!� Donald P. Rodenbaugh, Mayor ATTEST: U, AA iU-�L Marty Hendrix, Ci& Secretary APPzwFO RM: A. Don Crowder, City Attorney Ordinance No. 680-3-86 - Page 3 Attachment to Ordinance No. 680-2-86, adopted March 6, 1986 "EXHIBIT A" MEETS AND BOUNDS DESCRIPTION OF THE BRYAN BUSH PROPERTY SITUATED in Collin County, Texas, in the Francis Dosser Survey, Abstract No. 280, and the George Phillips Survey, Abstract No. 719, and being a resurvey of a called 152j acre tract of land and a called 295 acre tract of land in said Dosser Survey and a 5 acre tract of land in said Phillips Survey as described in a deed recorded in Volume 203, Page 31 of the Collin County Deed Records, and being more particularly described as follows: BEGINNING at a point for corner in the center of a rock road that bears South 890 50' 18" West, 1561.53 feet from the southeast corner of the said Dosser Survey; THENCE South 891 50' 18" West, 1092.96 feet along the center of said road to an iron rod found therein at a road intersection; THENCE South 891 50' 26" West, 1111.94 feet and South 891 38' 50" West, 192.96 feet along the center of said road to a point for corner therein; THENCE North 01 08' 02" East, 3684.07 feet to a point for corner in the north line of said tract; THENCE North 89° 51' 48" East, 1227.02 feet; North 890 24' 27" East, 155.10 feet; South 890 12' 27" East, 224.30 feet; North 860 32' 34" East, 73.76 feet and North 890 44' 38" East, 183.52 feet along an old fence and tree line to a point for corner therein; THENCE South 811 07' 22" East, 3720.72 feet to the place of beginning and containing 180.170 gross acres of land, of which 0.738 acres is in road, leaving 179.432 net acres of land. City of Allen ATTACHMENT TO ORDINANCE NO. 680-3-86, adopted March 6, 1985 "EXHIBIT B" APPROVAL OF PLANNED DEVELOPMENT NO. 35 BY THE ALLEN CITY COUNCIL ON MARCH 6, 1986 INCLUDES THE RECOMMENDATION OF THE ALLEN PLANNING AND ZONING COMMISSION AS FOLLOWS: "THAT A REALIGNMENT OF RIDGEVIEW DRIVE NOT BE CONSIDERED AT THIS TIME, WITH THE UNDERSTANDING THAT IF RIDGEVIEW DRIVE OR THE SPINE ROAD INDICATED THROUGH THE PROPOSED PROPERTY NEEDS TO BE ADJUSTED AT THE TIME OF PLATTING OR DEVELOPMENT, THAT THE ZONING DISTRICTS WILL MOVE TO THE CENTER LINE OF SUCH APPROVED ALIGNMENTS, IF ANY." One Butler Circle -Allen, Texncs 7500'2.214/727-9171_ Metro 214/424-7518 [in no WE M E, .. ALKA 121 Vlk 9 A. x0flArs RACT 3B. 59AA& .9 A TRACT 2A 0 11.1 Ac. AA TRACT 4 Fe 3.5 t. IT di t3,TRACT 1B ! AC. FP/GO 1 TRACT I A 2.7 Ac. TRACT 3 A GO 0 ♦ t' 10.5 Ac. , � / t 23.5 Ac. TRACT SA MF 9.3 Ac. ILLUSTRATION 3 TRACT 5B - FP/MF !-I.S Ac, LAND USE SUMMARY TRACTS USE SA, 50 MULTI -FAMILY 1A.13. a G ARDEN OFFIC: I 2A.28.3A.38 OFFICE ;.A, ?b 5j4.^_pPtmG CENTER TRACT BA LI 4 INDUSTRIAL TECHNOLOGY 1. 1 \ " I I \, I L 15.3 Ar- 8A.08 LIGHT INDUSTRIAL TRACT 6 GO • 14.8 AC. ILLIA"T" 0009 TRACT 7A SC 14.3 Ac. TRACT 8B FP/LI j 0 ) : 9.5 AC. TRACT 7B FP/SC 10 AC. STACY ROAD UUM TWJSTIX MVCLWF *ALI TWMLAW041. A1C. OOTL9 6 /TACT CITY Of ALLEN, TEXAS BRYAN BUSH ZONING PLANPROPERTY Attachment to Ordinance No. 680-3-86, adopted March 6, 1986 "EXHIBIT C" 1. 6,1 , TOTA GROSS ACRES 11.3 30.0 42.0 28.3 43.6 24.8 L 140.2 J.T. DUNKINA ASSOCIATES, NC. uft- Ph..—* ..,r.+........... 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 , 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 Public Hearing Notice - Zoning Request - Bryan Bush of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on February 12, 1986 and which was issued on 2-'12-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is a tache hIL's eret SUBSCRIBED AND SWORN to before me this 13th day of March , A.D. 19 86 �& ?_ i,. Pi LA -AA -Z Notary Pu0c in and for Collin County, Texas Publisher's Fee $ 16.80 PUBLIC HEARING NOTICE Notice is hereby given hat the Allen City Coun- :il will conduct a public -tearing on Thursday, March 6. 1986. at 7:3 p m , in the Council Chambers of the Allen Municipal Annex, One Butler Circle. Allen. Texas, to consider a re- quest for permanent zon• ing of Planned Develop ment as requested by property owner, Bryan Bush This request for per manent zoning from Agricultural — Open Space to Planned Development is o 180 170 acres of land out of the Francis Dosse Survey, Abstract No 2801 and the George;Phillip Survey, Abstract No 719 located west of U S 7 and south 'of States Highway 121 This plann, ed development zoning request contains mixed uses of multifamily! garden office, office! shopping center, in•' dustrial technology, and light industrial. A gone wishing`„ tc speak ' either' -FOR- of AGAINST this zoning ire quest is invited to attenc this public hearing an( voice their opinion If further informatiof is needed, contact thi Department of Com munity Development, Q ty of Allen, at 727-9171 o 424-7518 (metro) Marty Hendri City Secretar (Published in the Alle American on Wedne!