O-328-2-81ORDINANCE NO. 328
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
ALLEN, AS HERETOFORE AMENDED, SO AS TO CHANGE THE
FOLLOWING -DESCRIBED TRACT OF LAND FROM "R-2" RESIDENTIAL
DISTRICT CLASSIFICATION TO "OC -PD" OUTDOOR COMMERCIAL PLANNED
DEVELOPMENT CLASSIFICATION, SAID TRACT OF LAND BEING DESCRIBED AS
FOLLOWS: 7.3 ACRES OF LAND, MORE OR LESS, OUT OF THE PETER FISHER
SURVEY, PATENT NO. 1000, VOLUME 9, ABSTRACT NO. 324, COLLIN COUNTY,
TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND DECLARING AN
EMERGENCY.
WHEREAS, the City 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 the Comprehensive Zoning Ordinance
should be amended; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:-
SECTION
EXASSECTION 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as
heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City
of Allen to give the following -described tract of land the following zoning classification, to -wit:
That the area be and the same is hereby zoned as "OC -PD" Outdoor Commercial Planned
Development Classification:
See Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of
this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance
shall remain in full force and effect.
SECTION 3. That the above-described tract of land shall be used in the manner and for
Ordinance No. 328 - Page 1
the purposes provided for by the Comprehensive Zoning Ordinance of the City of Allen, as
heretofore amended, and as amended herein by granting of this zoning classification.
SECTION 4. That any person, firm or corporation violating any of the provisions or
I
terms of this ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00)
for each offense.
SECTION 5. Whereas, it appears that the above-described property requires that it be
given the above zoning classification in order to permit its proper development and, in order to
protect the public interest, comfort and general welfare of the City of Allen, creates an urgency
and an emergency for the preservation of the public health, safety and welfare, and requires that
this ordinance shall take effect immediately from and after its passage and the publication of
the caption of said ordiance, as the law in such cases provides.
DULY PASSED by the City Council of the City of Allen, Texas, on the .5� day of
1981.
APPROVED:
APPROVED AS TO FORM:
ATTEST:
CITY ATTORNEY
MAYOR
CITY SE ETARY
To be published in the Allen American, Thursday, February 19 and Monday,
February 23, 1981.
Ordinance No. 328 - Page 2
\Ll thr+t certain lot, tract, or parcel of laud lying and beim situated in tho Comity of Collin,
it State of 'Texas, to. -wit:
SITUATED in Collin County, Texas, and being it part of a survey of 640 avru:s made in the
naine of Peter Fisher, Patent No. 1000, Vol. 9, Abstract 324, and being a Irtrt of 82.35 neres of
land conveyed by Pete Ly nge and Treua Lynge, to M. IVhisenaut, by a Decd dated .1min.ery :3,
1929, recorded in Volume 174, Pace 247, of the Deed Records of Collin County, Texas;
BEGIN NINO in the Noth line of KM RoHd No. 2170, 404 feet Last of the Vest line of said 82.35
acre tract, which West line is 6.76 chains East of the West line of said Fisher Sy.;
THENCE North 300 feet, a stake;
THENCE Last parallel with the South boundary line of said survey, 1.63 feet, a stake;
THENCE North 80 feet, a stake;
THENCE Last 132 feet, a stake;
THENCE North 489 feet, a stake;
THENCE East 254 feet, a stake;
TIIENC'L•: South 871 feet to a stake in the North line of the aforesaid IM Road, and the
Southwest corner of a small graveyard;
TFIENC:E; West with the north line of said FM Road, 563 feet 2 niches to the Places of
Beginning.
Subject to easements, restrictions and rights of way of record, if any.
Exhibit A -
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 9 Z , by
of Collin County, Texas. printed co4 of s d publication is atached hereto.
SUBSCRIBED AND SWORN to before me this
Publisher's Fee $
/z3 C�/0�
day o , A.D. 19 00/ .
� a
Notary Public in and for Collin County, Texas
PUBLIC NOTICE
The City CounCll of the .
City of A hold a
Public Hearing on a zoning
request, February 5, 1981,
7:30 P.M. at Rountree
Elementary School, 800 E.
Main; Allen, Texas.
Thls'request Is to change
the zoning on 7.3 acres
presently zoned R2
(Residential) to a classifica.
tion of OC -PD (Outdoor
Commercial -Planned
Development). and being a
Fisher
b.
urve
y;•,Patent` b. 1000,
rolume 8, Abatra`ct -234, be. ,
Ing further described as be.
Ing located west of Allen
Heights Drive north and .
east of Allen Heights Drive
south and fronts the north
side of'FM 2170.
Anyone wishing to speak
For or Against this request
should be present at this
time.- For further Informa-
tion call 727-3338 or
424.5918.
/s/Juan` el�e�D"alaing,
City Secretary
;Published In the Allen
American, Thursday,
January 22, 1981)
J
w
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
of Collin County, Texas. A printed copy Af said
, by
is ayached hereto. �J 0
day "`�-� , A.D. 19� .
Notary Public and for Collin County, Texas
SUBSCRIBED AND SWORN to before me this --6—
Publisher's Fee $
x- 602 @ 08 k
2. Public fioticet
legal
j ORDINANCE NO. 328
AN ORDINANCE of the
I City of.Allen, Collin County,
1 Texas, amending the com-
prehensive zoning or-
dinance of the City of Allen,
as
heamended, so
as to change the following,
described tract of land from
"R-2" residential district
classification 'to ."OC -PD"
outdoor commercial plann-
ed development classifica-
tlon, said tract of land being
described as follows: 7.3
acres of land, more or less,
out of the Peter Fisher
Survey, Patent :No: 1000,
Volume 9, Abstract No. 324,
Collin County, Texas; pro-
viding for a penalty of fine
not' to exceed the sum of
two hundred, dollars
($200.00) for each offense;
and -declaring an emergen-
cy.
DULY PASSED by the Ci-
ty Council of the City of
Allen, Texas, on the 5th day
of February, 1981.
d APPROVED
M.B. Pierson
Mayor
ATTEST:
"-Juanelle Dalsing
City Secretary
(Published In the Allen
American, Thursday,
February 19 and Monday,
February 23, 1981)
2. Public Notice:
legal _ i ,
ORDINANCE NO. 328
AN ORDINANCE of the
City of Allen, Collin County, `
Texas, amending the com-
prehensive zoning I or-
dinance of the City of Allen,
as heretofore amended, so
as to change the following -
described tract of land from
"R-2" residential district
classification to "OC -PD"
outdoor commercial planp-
ed development classifica-
tion, said tract of land being
described as follows: 7.3
acres of land; more or less,
out of the Peter Fisher
Survey, Patent No. 1000,
Volume 9, Abstract No. 324,
Collin County, Texas; pro-
viding for a penalty of fine
not to exceed the sum of
two hundred dollars
O)for each offense;
and declaring an emergen.
cy.
DULY PASSED by the Ci-
ty Council of the City of
Allen, Texas, on the 5th day
of February, 1981A.PPROVED
M.B. Pierson
Mayor
ATTEST:
Juanelle Dalsing
City Secretary
(Published in the Allen
American, Thursday,
February 19 and Monday,
February 23, 1981)