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Home My WebLink AboutO-729-9-86ORDINANCE NO. 729-9-86 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 TRACTS OF LAND FROM "AO" (AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO PERMANENT ZONING OF "R-5" (RESIDENTIAL), SAID TRACTS OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 8.8 ACRES OF LAND LYING IN THE J. T. ROBERTS SURVEY, ABSTRACT NO. 777, AND THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS; 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 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 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 8.8 acres 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 "R-5" (Residential). 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. Ordinance No. 729-9-86 - Page 1 SECTION 3. That the property described in Exhibit "A" attached hereto shall 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 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 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. 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 4th DAY OF September 1986. APPROVED: Donald P. Roden augh, Mayor ATTEST: Marty Hendrix, CM City Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 729-9-86 - Page 2 r 4 P I o EXHIBIT "A" - Page 1 of 3, Attachment to Ordinance No. 729-9-86, adopted 9-4-86 -- n; ►.— 7 • � � 00 RJCT' s.11neC1 1T a A_ y��__�_T--_ __ �• --- n� �1aAMT1 O/ ALR lLTv6 ��.•_ rD N� ti: � j p !r• ` 0 T��GT In iLA1CT 'I1JCT �1. k 1.7 iso Ij T t i, " I \ ':sr.=+.. $jam: s .,•-. Pc c Y�/G'ST �. IC�tw rAtw LVT K.ITV EtiMT 3• .d �rtG _ 'y:'• 'w :. .e.:i►t.� - 'F-. .. ' S.0 RQJCf DATE: November 16, 1978 (t rl T 5E5 S1URV Ds TO ALL PARTIES INTERESTED 211 P1tElSI I T _7 & —ep: g V OW 7i-.' b�_ I'M rz co" 12 _14 I TUATE'D -A 71.01 ACRE TRACT P RTS OF THE'J. T' ANfl Nr, I N BEING A OAR! OF WE 1 A ROBERTS 640 ACRES SUPVEY, ABSTRACT 40. 7 77 AND THE HENRY VETSEL 640 AZRES SURVEY, ABSTRACt NO. 1026, IN COLLIN COUNTY, TEXAS, AND BEINq A PART 3F THE Ol)AL !'ALONE, SAME TRACT CONVEYED TO H. K. SHELTON BY J. T. MALONE AND 141 F PArE 23 OF THE T ON THE 251H DAY'OF JP':UARY, 1")56, A710 RECORDED IN VOLu�lc_' 510, DEED RECORDS OF,-CGLL!N CnUNTY. TEXAS, AND BEING PART OF THE RUCKINrHH"M POLO CLUB ESTATES, AN UNRErORDED ADDITION TO COLLIN COUNTY, rJ r'L-, DESCRIBED AS FOLLOWS: PRIVA7E ROAD. SAID BEGINNING AT A POINT IN THE APPROXIMATE CENTIERLINE OF A _UB -ST C POINT BEING THEL'SOUT� 1-1r, ORNER OF TRACT NO. 11 CF BtfCKINrHAk* POLO CL E TATES UNRECOROED A[DITION; AN IRON ROD FOUND FOR CORNEP. SI THENCE NORTH 21 0 0,3' 20- EAST A DISTANCE OF 22.31 FEET T. 0 A Dq I NT FOR CORNER; T THENCE SOUTH 60 0, 1, ' 14'' EAST A DISTANCE OF 461.86 FEEI _LPLIT Fo� CORNER; THENCE SOUTH 00-19' E7" FAST A DISTANCE OF 312.rl FEET TO A POINT FOR �'.ORNER. THENCE NORTH 470;28- 46" WEST A DISTANCE OF 613.23 FEET TO THE PLACE OF RErT4- NING AND CONTAINING P TOTAL OF 2.09 ACRES OF LAND. OF 'WHICH O.Oq PLUS OR MINUS ACRE BEING SITUA71ED AND LYING IN ROAD. Z4 U-4 7 :*A; 4;� ZZ .'A I KllLq0_li CLUB ESTATES, AN UNRErORDED ADDITION TO COLLIN COUNTY, rJ r'L-, DESCRIBED AS FOLLOWS: PRIVA7E ROAD. SAID BEGINNING AT A POINT IN THE APPROXIMATE CENTIERLINE OF A _UB -ST C POINT BEING THEL'SOUT� 1-1r, ORNER OF TRACT NO. 11 CF BtfCKINrHAk* POLO CL E TATES UNRECOROED A[DITION; AN IRON ROD FOUND FOR CORNEP. SI THENCE NORTH 21 0 0,3' 20- EAST A DISTANCE OF 22.31 FEET T. 0 A Dq I NT FOR CORNER; T THENCE SOUTH 60 0, 1, ' 14'' EAST A DISTANCE OF 461.86 FEEI _LPLIT Fo� CORNER; THENCE SOUTH 00-19' E7" FAST A DISTANCE OF 312.rl FEET TO A POINT FOR �'.ORNER. THENCE NORTH 470;28- 46" WEST A DISTANCE OF 613.23 FEET TO THE PLACE OF RErT4- NING AND CONTAINING P TOTAL OF 2.09 ACRES OF LAND. OF 'WHICH O.Oq PLUS OR MINUS ACRE BEING SITUA71ED AND LYING IN ROAD. Z4 U-4 7 :*A; 4;� --!'EXHIBIT A" - Page 2 of 3 Attachment to Ordinance No. adopted 9/4/86 729-9-86, .'A --!'EXHIBIT A" - Page 2 of 3 Attachment to Ordinance No. adopted 9/4/86 729-9-86, a igCCC ITWX, . V-00— 'Mc- Vr.., 4F JR- -,2 -IMN 14, 'tS F ls� 'Tee Vist -he a uw.-'C0frWL Scesute jeve"MM Or sad *TftWd Ib the, and dmbiu x of aid pmprM being mi Wimftd W *9 Ohl.. tbC e; k6t, tt -lin beats i*km Uud, a igCCC ITWX, . V-00— 'Mc- Vr.., 4F JR- -,2 EXHIBIT A" Page 3 of 3 ui Attachment to Ordinance No. 729-9-86 adopted 9/4/86 TWO Zu. va -IMN 14, 'tS Eq - 'Tee Vist -he a uw.-'C0frWL Scesute jeve"MM Or sad *TftWd Ib the, and dmbiu x of aid pmprM being mi Wimftd W *9 Ohl.. tbC e; k6t, tt -lin beats i*km Uud, :.7V'r Q 2E a W el the b&c@wd,-xrA *A! *e iR4Piet,4x,! -MFt -r.� AWANSt M lrrW tihtyioea fAreetJor w1w, is vslha�m an isw PIRL, 1!f .4,:, o-�tw-Kt)AcHmticm--coNFLic7s.-,.OR "LOTRUSM J� EXHIBIT A" Page 3 of 3 ui Attachment to Ordinance No. 729-9-86 adopted 9/4/86 TWO Zu. va -IMN 14, 'tS Eq - 'Tee Vist -he a uw.-'C0frWL Scesute jeve"MM Or sad *TftWd Ib the, and dmbiu x of aid pmprM being mi Wimftd W *9 Ohl.. tbC e; k6t, tt -lin beats i*km Uud, :.7V'r Q 2E a W el the b&c@wd,-xrA *A! *e iR4Piet,4x,! -MFt -r.� AWANSt M lrrW tihtyioea fAreetJor w1w, is vslha�m an isw PIRL, 1!f .4,:, o-�tw-Kt)AcHmticm--coNFLic7s.-,.OR "LOTRUSM EXHIBIT A" Page 3 of 3 ui Attachment to Ordinance No. 729-9-86 adopted 9/4/86 TWO Zu. va -IMN 'tS EXHIBIT A" Page 3 of 3 ui Attachment to Ordinance No. 729-9-86 adopted 9/4/86 TWO Zu. va 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 - Mr. Bill Dyer and Mr. Richard Duke of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 17, 1986 and which was issued on 8-17-86 , by City of All e of Collin County, Texas. A printed copy of said publication is a ached hereto. SUBSCRIBED AND SWORN to before me this 11th d f September A D 1086 Publisher's Fee $ 14.40 CITY -OF -ALLEN -1 NOTICE OF PUBLIC HEARING o ice %reby'givenl that the Allen City Council', Will conduct a public hear-� Ing at their iegular Council Meeting to be held on �hursday, September -4) 11986, at 7:30 p.m., in the Council Chambers of the, Wien Municipal Annex, One IButler Circle,'Allen, Texas; 'to consider a request to one two separate tracts of, land from Agricultural —J Ciken Space to permanent] zoning of R-5 (Residential),I s requested `by'Mr: Bill' Dyer and Mr: Richard Duke. This request for perma- nent zoning is on 8.8 acres of land divided into two (2) tracts out of the J.T. Roberts Survey, Abstract No. 777,. and. the;.Henry� JWetsel 1Surv6y, Abstract Vol 1026, located east bF Highway 5 and south ofJ ;Stacy Road and being inl the tract of land known as � the Buckingham Estates. M Anyone wishing to speak ,either for or against1hls request is invited to attend Lthis public hearing and Mvoice their opinion., For further information on this zoning request, contact ,the Department of 24-7518 (metro). Marty Hendrix; CMC City Secretary TO-BErPUBL[SHED IN 'HE ALLEN AMERICAN )N,SUNDAY,- AUGUST 7; 1986.);,`'I L ay o , It . Notary Pu 'c in and for Collin County, Texas