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Home My WebLink AboutO-1386-12-95ORDINANCE NO. 1386-12-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, TO CHANGE THE ZONING FROM AGRICULTURF,OPEN SPACE (A -O) TO COMMUNITY FACILITIES (CF) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 3.0023 ACRES IN THE G.W. FORD SURVEY, ABSTRACT NO. 328, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT W LAND USE PLAN, 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 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, as previously amended, and Ordinance No. 1172-5-93, should be revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be, and the same hereby is, revised by changing the zoning from Agriculture - Open Space (A -O) to Community Facilities (CF) on the following -described tract of land: a 3.0023 acre tract located in the G.W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas. SECTION 2: The property described as 3.0023 acres in the G.W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION I The approved land use plan attached hereto as Exhibit "A" is made a part hereof for all purposes and shall be adhered to in its entirety. SECTION 4: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 5: 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 T`vo Thousand Dollars ($2,000.00) for each offense. SECTION 6: 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 7: 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 DFranEg --9 1995. APPROVE, D: Farmer, MAYOR APPROVE61,S-TO FORM: ATTEST: 1 -Z�� A A AL C C=.ATMRNEY J6* Mordson;�-CMC!, CITY SECRETARY Ordinance No. 1386-12-95 Page 2 N ;n :V-= OR.DDIANCE NO. 1386-12-95 EXHIBIT "A" i PLACE OF BEGINNING 88'55'2 7 "E � 3.30.38' 0. 2073 Ac. 0. 7956 Ac._ ODDptk,- - - -- s. U023 AC* -- -- - - - — - - rd'. E F. COR. - - - - 1 11"iRE FENCE cc,,, C RR'..9 27 V WIRE FENCE OPEN (W ODEN Li STRUCTURE 0 Jr. 0 1. 9994 Ac. k G� N 329.78" , �o S � d 0 L N Q CN z w (► 0 Q. c U h W 48.5 : i ,I I I j I I i t i pal I JI cII I it or� c o FI I I Q 0 I 4 o►I U ao l � i a0 I' rr I /1 N 329.78" , �o S � d 0 L N Q CN z w (► 0 Q. c U h W 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 Allen Heights Dr & Bethany Dr CITY OF ALLEN of which the attached is a true and written copy, and which was published NOTICE OF PUBLIC HEARING in THE ALLEN AMERICAN on Notice is hereby given that the Allen City Council will conduct a public hear- ing at their regular meeting to be held November 8, 1995 on Thursday, December 7, 1995, at 7:30 p.m. in the Council Chambers of and which was issued on the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a re - N m b e r 8, 1995 to rezone 3.0023 lo- acornerfof o v e catedquest at he northwest Allen Heights Drive and Bethany Drive to by C i t y o f Allenof COLLIN COUNTY Community Facilities (CF). It is cur- rently zoned Agriculture -Open Space (A -O). This request is on property de - A printed copy of said publ' 'on is attached hereto. scribed as a 3.0023 -acre tract of land located in Tract 8 of the G.W. Ford Sur- TAew vey, Abstract No. 328, City of Allen, X, Collin County, Texas; further de- scribed as being located at the north- west corner of Allen Heights Drive and SUBSCRIBED AND S N to before me this Bethany Drive. 1A day A.D. 19A Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Department of Community Develop- ment, City of Allen, One Butler Circle, Allen, Texas, or by telephoning Publishers fee $ 2 3 . 3 8 727-0120. /s/Judy Morrison City Secretary , `'aA V. A. TODD A. ' MY WkIMISSION EXPIRES December 5, 1999 O� AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COWN 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 ;✓1386-12-95 of which the attached Is a true and written copy, and which was published In THE ALLEN AMERICAN on December 13 & December 16, 1995 and which was issued on December 13.19 by City 0 f Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. C,)_i.�;_ z SUBrCRIBED D SW RN o before me this day A.D. 19 9G NOTARY PUBLIC in and for COLLIN'COUNTY. TEXAS Publisher's fee $ 5 2 . 2 6 ,lWo � : V. A. TODD MY COMMISSION EXPIRES December 5, 1998 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, December 7_1995 (Title and Penalty Clause only): Ordinance No. 1386-12-95: An Or mance o th—e-City o en, ollin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87, as Previously Amended, to Change the Zon- ing from Agriculture -Open Space (A -O) to Community Facilities (CF) on the Follow- ing Described Tract of Land: 3.0023 Acres in the G.W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousands Dollars ($2,000) for each Offense; Provid- ing for a Severability Clause; Providing for' the Effective Date of Said Ordinance. 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 Compre- hensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amend- ed, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. ` A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary _ —CITY'OF AL-EEN'�'—" PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, December 7, 19P5 (Title and Penalty Clause only): Ordinance No. 1386, 12-95: An Or mad -n-c oT-th-e--City'�o Al el—n,--(,'ollin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 829-11-87, as Previously Amended, to Change the Zon- ing from Agriculture -Open Space (A -O) to Community Facilities (CF) on the Follow- ing Described Tract of Land: 3.0023 Acres in the G.W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas; Providing for Exhibit "A" Land Use Plan; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for each Offense; Provid- ing for a Severability Clause; Providing for the Effective Date of Said Ordinance. 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 Compre- hensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amend- ed, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. 'A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison L.City Secretary