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Home My WebLink AboutO-1174-5-93ORDINANCE NO. 1174-5-93 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: MULTI FAMILY 3 (MF3)ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 15.487 ACRES OF LAND OUT OF THE PETER WETSEL SURVEY, ABSTRACT NO. 990, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE 71IVE 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 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. 829-11-87 should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by changing the Zoning Map of the City of Allen on a 15.487 acre tract of land, described in Exhibit "A" attached hereto and made a part hereof for all purposes, so as to establish permanent zoning of Multi -Family 3 (MF -3). SECTION 2: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3: 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. 829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 4: 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 5: 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 6TH DAY OF MAY , 1993. APPROVED AS t10 FORM: A. Don C order, C ATTORNEY Ordinance No. APPROVED: GP Joe Farmer, MAYOR ATTEST: 1174-5-93 Page 2 i' N N N N la ,40% a (� ewe + s! � w O O 6 4 . _ . f d!• 05 is' f ` ,` ems_ . •� 10 i ov It '.05. .9.9.81 N 65* 44'22' E it I 811rdtm in Couln Careyy racer. In w City K tum, ant u w tater fatal erwq, tbtnGt H90 mrd �eln a tart K a called 54.m awn treat OC land. w MAP TRACI low lbe4 In a dead dated October Be 1560 from Mole Patois=- rre•tea to 0. 2- *Wish and few 94 to Volar 720. pup 643 of the Heed Records at COUIn Canto Test red Wind: can �paarrticulwlg described it mobs ant bounds a follar•t �lilet110 at an Iron rd at w nveti t corner K salt 54.02 aero trat and In w seat rl%;d-K-y tb4 ■1 SM M. 51 some ■ i0' Y with w north Iter K salt 54.02 ten• treat elm ant near !cess swirl! M Iron rd on If"* at 1601.5 Ise! ant centImin [°r i total dislonc• K 1712.00 feet b a pint for donor In Yom tlsltor K Cotbamoot Craetl IEMMI Ylth w arwr4 r• of the cmtter of Cotionevd Creak M the .wt Itne K odd 54.02 mere levet r follwa 1 150.0 feet. 8 2e 1 101.0 teat, 3 as, so* t 111.2e feet. 81r -4i w 18.10 teat to a pint for artier In the center of Cottonwood Cnd ant at Use moill t ameer K a 12.817 we* ea treat of Isd cens oged frO.S.[1 . !LA M Yeats flair. Trust" IF deed dated iepte.ber 16. I= need nmrd4 In Tal"" 1740, poet fel of use Deed Rom Ac of Cou�q Can Vessel toot 8 09 03' 531 1 fea dlsts,es K 102.51 feat with the' deet% lire K salt 12.817 sen treat to an Inn red set ter rne►' 111111121 1 01 e 40• X• R for a dtots.w K 78.14 teat with the dearth Ilm K add 12.017 sere trot to an leas red not at I%* odds at a torell 1>m[.Re Vlth ter 8°wth aye at pad and with tir north line at geld 12.817 env tract an fou" ■ 7d- 11. 24. 1 121.06 feat to a points ■ 64 03- )S- 113.01 toot to a pethti 8 65. 44• 22- 1 110.93 feat to an Irs rot w1 for load 9 4)W'54' Or 2 for a dlotsroo d 176.74 feet with ties north lino of told 12.817 vers tree! to an lm rd ter am me eI 09VICS• 55. 1 for a 0Vlore K m -W fat with no north lift K cold 12.017 an tract be a fond Irm rat for oenrr, said fear rad alae Mtn in its scot rl/eb•d- vq list at salt •tole Bljwq tlw. 5 aloe bele is tis ort Una of sold 54.02 nem trot mrd at the northaomet saes d salt 12.017 more trap igRtt ■ 70' Q' ,0- ■ 5".04 fat with acid flob-or-go; ad Us ort lir of said 51.02 •ere treat to w rout Or ImOattiO said eoetalntn 15.401 • screw K loved more or i low. EO 8Dt Wf to a las but Or 91 41ted Jany 7, 1T" smrMt In Valero M p 203 Ceuta Comb Dead Record•. Togo tower anaw d Uot Cvsp.rI LsIsm nt Gated Ito 25. 17'50 rmcrded In Vwlsr 410, pep 105 Conte Cant! Deet Records. An O '4 t9aT1►I91Tlaa r e 10 Tell LIDniA[IO One" M ar00 or M "M30 3wrR1N M TO >E KW TtTU CC rUTt tea.."Wsir d res two" oWllrf urs o nr.q ear this der ase , tar areae ea ter In Wef legallydner1w tom e w In •turd 1 Mod ..e.s rare• of we n. "Ice•d nd to ae.l"if Wt thre ere w .lelmla dloe.sealea. ewdlleuro . m/rreea to ds, bow" it er.rllele. warweelrwu, ~I"vtq or berweaewDo. er..rb r rldMarf-sal. ome.et r dean w w plot terer4 Ica now I roRrtf es s.es to W4 from ■ subtle read+efl ad teat the plot ti lrreew to • int, eenwt we navel. WeweuaM K ter waterer O rsrlbee 1e.elwM.e, Werner. We ww"Girae Im"IF eeellrl" alit p N tae eeleauld t1r r-rtltl of land er 4erori QwKm rd within ... ..-- - ........ ....... w4 rrrta.d Iww - 1. X08 NO 84081 S /22 /1114 January Consullenls � P.O. sox e47 1636 W.VIROINIA, SUITE104 MGKINNEY. TEX43 Te06f Ordinance No. 11741-5-93 ENhib0 R 110.1 8 �. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing 15.147 Acres of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, April 21, 1993 and which was issued on April 21 , 1993 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this // day ofA�.A.D. 19 - -1 +ffin;`y N,V. A.TODD "' *= MY COMMISSION December 5, 1998 Publisher's fee $16.88 BLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING ' Notice is hereby given that the Allen City= Council will conduct a public hearing at their regular meeting to be held on Thurs- day, May 6, 1993, at 7:30 p.m. in the Coun- cil Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for a change to the zoning from Agriculture -Open Space to Multi -Family 3 i (MF -3). This request is on property described as 15.487 acres of land in the Peter Weisel Survey, Abstract #990 and being a part of a called 54.02 -acre tract of land, the THIRD TRACT described in a deed dated October 8, 1968 from Morris Natelson, Trustee to O. B. English and recorded in Volume 720, Page 643 of the Deed Re- cords of Collin County, Texas; further de- scribed as being located immediately north I of the Cottonwood Creek Apartments. Anyone wishing to speak either FOR or i AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, -Allen, Texas, or by telephoning 727-0120. i /s/ Judy Morrison , `e AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 1174-5-93 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday May 12, 1993 & Sunday May 16, 1993 and which was issued on May 12, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of V. A. TODD Aly MMNMSSiON fit December 5, 11 Publisher's fee $38.26 D. 19 -9 in and for COLLIN COUNTY, TEXAS Legal Notices CITY OF ALLEN CITY OF ALLEN t PUBLIC NOTICE `PUBLIC NOTICE it Notice is hereby given that the Allen City Notice is hereby given that the Allen City Council adopted the following ordinance at ^ouncil adopted the following ordinance at their regular meeting held on Thursday, their regular meeting held on Thursday, May 6, 1993 (Title and Penalty Clause ay 6, 1993 (Title and Penalty Clause only) I Ordinance No' 1174-5-93. An Ordinance nly): rdinance No. 1174-5-93: An Ordinance of the City of Allen, Collin County, Texas, f the City of Allen, Collin County Texas, Amending Ordinance No 829-11-87, as mending Ordinance No. 829-11-87, as Previously Amended, so as to Establish reviousfy Amended, so as to Establish Permanent Zoning, To -Wit Multi -Family 3 ermanent Zoning, To -Wit: Multi -Family 3 (MF -3) on the Following -Described Tract of Land- 15 487 Acres of Land out of the (MF -3) on the Following -Described Tract Iof Acres of Land out of the Peter Weisel Survey, Abstract No. 990, Land: 15.487 (peter Wetsel Survey, Abstract No. 990, City of Allen, Collin County, Texas; Provid- (City of Allen, Collin County, Texas; Provid- ing for a Penalty of Fine not to Exceed the ing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000 00) Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severa- for Each Offense; Providing for a Severa- bility Clause, and Providing f9r the Effec- ' bility Clause; and Providing for the Effec- tive Date of Said Ordinance. tive Date of Said Ordinance. That any person, firm or corporation violat- That any person, firm or corporation violat- ing any of the provisions or terms of this ing any of the provisions or terms of this ordinance shall be subject to the same ordinance shall be subject to the same penalty as provided for in'Comprehensive penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of they Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and 'City of Allen, as heretofore amended, and upon conviction shall be punished by a fine upon conviction shall be punished by a fine /got to exceed the sum of Two Thousand not to exceed the sum of Two Thousand boilars ($2,000) for each offense. (Dollars ($2,000) for each offense. A copy of, this ordinance may.be read or A copy of this ordinance may be read or purchased in the office of the City Secret- purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen pry, City of Allen, One Butler Circle, Allen, Texas 75002. Texas 75002. /s/ Judy Morrison /s/Judy Morrison City Secretary _ j City Secretary