O-244-5-78CITY OF ALLEN, TEXAS, ORDINANCE NO. 244
AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN
ACCORDANCE WITH SECTION 11 OF ORDINANCE NO. 129 ;
PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE
PROPERTY DESCRIBED AS 0.500 ACRES IN THE RUFUS SEWELL SURVEY,
ABSTRACT NO. 875, ALLEN, COLLIN COUNTY, TEXAS, BE ISSUED A
SPECIAL EXCEPTION PERMIT FOR THE OPERATION OF A DAY CARE
CENTER; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, a request having been made to the Planning and
Zoning Commission of the City of Allen, Texas, for a special
exception permit for the operation of a day care center in
a district zoned R-32 PD (Multi -Family, Planned Development);
and
WHEREAS, said request is in accordance with the permissible
special exceptions authorized in Section D of Ordinance 129
and all notices required by said Ordinance and by law having
been in all respects complied with; and,
WHEREAS, the Planning and Zoning Commission and the City
Council of the City of Allen, Texas, having considered all
operating data and expert evaluation requested by the same and
being of the opinion that said special exception will be
advantageous and beneficial to the City of Allen, Texas, and its
inhabitants; and,
WHEREAS, the City Council of the City of Allen, Texas,
having considered all opposition to the issuance of said
special exception permit and the vote in favor of the same being
in compliance with the laws and statutes of the State of Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION l: That the following described property shall be
issued a special exception permit, which property is located in
the City of Allen, Texas, and is presently zoned R-32 PD
(Multi -Family, Planned Development) to -wit:
SITUATED in Collin County, Texas, and being a 0.500 acre
tract of land out of a 7.839 acre tract of land located in the
Rufus Sewell Survey, Abstract No. 875, located in the City of
Allen, Collin County, Texas, and being more particularly
described as follows:
COMMENCING at the Northeast corner of the Revised Windridge
No. 1, an Addition to the City of Allen, Texas, a plat of which
is filed in Cabinet A, Page 354, Map and Plat Records of Collin
County, Texas, at an iron rod in the center of Jupiter Road,
said point of commencing being also the Southeast corner of an
8.269 acre tract of land conveyed by the H. B. M. Investment
Company, et al to the Allen Independent School District by deed
filed in Volume 1030, Page 169, Collin County Deed Records;
THENCE N 88 deg 20 min W 914.93 feet with the North line of
said Revised Windridge No. 1 and the South line of said Allen
Independent•School District 8.269 acre tract to the Southwest
corner of said 8.269 acre tract;
THENCE N 20 deg 06 min 30 sec E 566.46 feet with the west
line of said 8.269 acres to its Northwest corner to an iron rod
in the South right-of-way line of Bethany Road;
THENCE N 59 deg 25 min W 50.85 feet with the South
right-of-way line of Bethany Road to the Point of Beginning for
the tract described herein; f
THENCE N 59 deg 25 min W 100.00 feet with the south
right-of-way line of Bethany Road to an iron rod,for corner;
THENCE S 17 deg 55 min 15 sec W 248.95 feet leaving the
south right-of-way line of Bethany Road to an iron rod for
corner;
THENCE S 78 deg 38 min 00 sec E 89.88 feet to an iron rod
for corner-,
THENCE N 20 deg 06 min 30 sec E 216.93 feet to the POINT OF
BEGINNING and CONTAINING 0.500 acres of land, more or less.
SECTION 2: That said special exception permit shall
authorize the persons occupying the said property to conduct a
day care center in accordance with the authorized special
exceptions contained in Section _ 2 of Zoning Ordinance 129.
SECTION 3: That said special exception permit shall be and
is hereby issued to permit the operation of a day care center.
SECTION 4: That it shall be unlawful for any person, firm
or corporation to make use of said premises in some manner other
A
8
than as authorized by this Ordinance, and it shall be unlawful
for any person, firm or corporation to conduct any operation or
business other than that of the operation of a day care center.
SECTION 5: Any person, firm or corporation who violates
any provision of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction therefor, shall be fined any
sum not exceeding $200.00, and each and every day that such
violation continues shall be considered a separate offense;
provided, however, that such penal provision shall not preclude
a suit to enjoin such violation.
SECTION 6: That should any part or portion of this
Ordinance, or of the use created herein affecting the
aforementioned property, be declared unconstitutional or invalid
by a Court of competent jurisdiction, it is expressly provided
that any and all remaining portions and those provided for
within this"Ordinance shall remain in full force and effect.
SECTION 7: The caption of this Ordinance shall be
published one time in a weekly newspaper published in the City
of Allen, Texas, and shall be effective immediately upon its
passage and such publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, on this the 18th day of May
1978.
CORRECTLY RECORDED:
ity Secretary
Mayor
City of Allen, Texas
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, 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
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on �/�ti� /Jn %� , by ,145A
of Collin County, Texas. A printed copy of said publication istaclled hereto.
SUBSCRIBED AND SWORN to before me this day of
Publisher's Fee $
Jv—
r
, A.D. 19"
Notary Public in and for Collin County, Texas
Public',
CITY OF ALLEN, TEiABj
ORDINANCE NO. 244
AN ORDINANCE AUTHORI-
ZING A SPECIAL EXCEPTION
PERMIT IN ACCORDANCE'S
WITH SECTION D OF ORDI=
NANCE 'NO. 129; PROVIDING
FOR THE ISSUANCE;OF;THE
SAME; PROVIDING -THAT
THE PROPERTY DESCRIBED
AS 0.500 ACRES IN THE--RU-
FUS SEWELL• SURVEY;- AB-
STRACT NO. 875, ALLEN,
COLLIN COUNTY, TEXAS; BE
ISSUED A SPECIAL EXCEP-
TION PERMIT FOR"THE OP-
ERATION OF A DAY CARE
CENTER; PROVIDING FOR A l
PENALTY FOR A VIOLATION N
OF THIS ORDINANCE; PRO-
VIDING FOR AN EFFECTIVE
DATE OF THIS ORDINACE; I
AND PROVIDING FOR THE.
PUBLICATION OF THE
TION HEREOF.
SECTION 7: -The caption of this
Ordinance shall be published onel
time in I a weekly newspaper
published in the City' of Allen`
Texas, and shall be (effective!
immediately upon its passage and
such publication. ' ' A r is ,z 1
PASSED AND APPROVED BY
THE CITY COUNCIL OF THE'
' CITY ' OF ALLEN, TEXAS, •'on'
this the 18th day of May, 1978:
-s_M-B. Pierson,,,Maj+or
City of Allen, Texas
CORRECTLY RECORDED:,+
-s-Juanelle Cooksey,
'City Secretary