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O-443-7-830 ORDINANCE NO. 4 4 3- 7- 8 3 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-3" RESIDENTIAL DISTRICT CLASSIFICATION TO "TH" TOWNHOUSE DISTRICT CLASSIFICATION, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: 5.328 ACRES LOCATED IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED AS FRONTING THE WEST SIDE OF JUPITER ROAD AND ADJACENT TO THE SOUTHERN BOUNDARY OF THE JUPITER ROAD y BRIDGE; 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 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 "TH" Townhouse District Classification: BEING 5.328 acres located in the David Wetsel Survey, Abstract No. 977, Collin County, Texas, and being further described as fronting the west side of Jupiter Road and adjacent to the southern boundary of the Jupiter Road Bridge. Ordinance No. 4 4 3- 7- 8 3 - Page 1 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That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect.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 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 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 7th day of July , 1983. APPROVED: M. .Pierson, Mayor ATTEST: J Marty Hendrix, City ecretary TO FORM: A. Don Crowder, torney Ordinance No. 443-7-83 - Page 2 . AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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 rJf10 i JV (I A) (0 . s 12 do P �i 5� ?,-7- 3 �- _ 3 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on J VL/ i(4 11 -4-_74 ; I is r3 t i and which was issued ono IM , I , by of Collin County, Texas. A printed copy of said publication is attacheeqereto. n �� SUBSCRIBED AND SWORN to before me this �day cif / v S - , A. D. 19 / 4 Notary Public in a d for Collin ounty, Tex s Publisher's Fee D11 '��'r OF ALLEN LIC NOTICE Ordinance No. 444.7.83: An Ordinance CITY IC ALLEN PUBLIC NOTICE PU -The . following or- of the City Qf Allen, Col- lin County, Texas, Amen- I The following or- �inances dinances were adopted ding Section 4, were adopted .by the Allen City Council paragraph C, of Or- by the Allen Cify'CtSuncil in to regularsession held dinance No. 368-10.81 of in a regular session held on -Thursday, July T, 1983 the City of Allen, Texas; on Thursday, July 7, 1983 (Titles' and Penalty and Providing for an Ef• (Titles ,and 'Penalty Clause only.) fective Date. Clause only.) �:„- Ordinance., �No. Cop Copies of these or- Ordinance• No: 443.7.83: ,An Ordinance dinances may be read or 443.7.83: An, Ordinance of the -City of Allen, Col- purchased in the office of the City of iAllen, Col= lin County, Texas, Amen- Amen-ding the Comprehensive of the City'. Secretary, lin County, Texas,'— 'ding the Comprehensive Zoning Ordinance of;the — Zoning, Ordinance of the City of ' Allen, as Allen municipal Annex, 1 City kAof- Allen';'- as Heretofore Amended,'so Butler, -Circle, Allen. Heretofore Amended, so as to Change>�the 1•exas-,, as,. to, Change- the Following -Described Marty Hendrix, Followirig-Described Tract of Land from "R-3" City Secretary Tract of Land from "R-3" Residential District (Published in The Allent Residential District Classification to "TH" American on Monday, Classification' to "TH" Townhouse District July 11, 1983 and Thurs. Townhouse District Classificvation, Said day, July 14, 1983). Classificvation;;,Said Tract of Land Being — Tract of Land Being Described as Follows: Described as Follows: 5.328 Acres Located in 5.3284Acres-Located in the David Wetsel Survey, the David,Wetsel Survey, Abstract No. 977, Collin Abstract' No: 977,•Collin County, Texas, and Be- County, Texas, and Be- ing' Further Described as Ing Further Described as Fronting the West Side Fronting the West Side of Jupiter Road and Adja• of Jupiter Road and Adja- cent to the Southern cent to • the ` Southern Boundary of the Jupiter Boundary,of the Jupiter Road Bridge; Providing Road Bridge; Providing for a Penalty of Fine Not for a Penalty of Fine Not to Exceed the . Sum of to Exceed the Sum of Two Hundred Dollars Hundred. Two' Hundred,`Dollars ($200.00) for ($200.00) for, Each Of- fense; and Declaring -an fense; and Declaring an Emergency. Emergency. That any person, firm That any person, firm or corporation violating ^ or corporation violating any of the provisions or any:of the provisions or terms of this ordinance' terms of this ordinance shall be subject to the shall=be'subject to the same penalty as provid• same"penalty as provid- ed for in the Comprehen-' ed for In the Comprehen- sive Zoning Ordinance of., sive Zoning Ordinance of the City, of Allen,- as the City of Allen, as heretofore amended; and heretofore amended; and upon conviciton'shall be • upon convicitonshall be punished by a fine,ndt to punished by a fine not to exceed the sum of Two exceed theisum; of�Two Hundred - `Dollars Hundred'":,.%Dollars ($200.00) for each of- I ($200.00).&&; each} of; 444{!•83: An',O'rdinance of the City, of'Allen,,-Col. lin County; Texas, Amen- ding Section 4, Patag raph,. C, M,, of„ Or- dinance No! 368.10.81, of the City of Allen;'Te-xas; and Providing for an Ef- fective Date. , 7 -, Copies of these_ or- dinances may be read dr purchased- in the office of the City Secietary,` Allen Municipal Annex; 1 Butler 'Circle',- Allen, Texas. -Marty Hendrix; City Secretary (Published In The Allen Ainericii(W oil `Monday, July 11, 1983 and Thurs- day, July 14, 1983): 4-4 7 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS, COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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- tinuouslfor more than twelve months prior to publishing & 2, C Leae ,f which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on JLt.0.e- �tgg' and which was issued on 16� 1fl �3 , by AA' 19rj_ J��A I...j of Collin County, Texas. A printed copy of said publication is atta ed ereto.j 1 n SUBSCRIBED AND SWORN to before me this da o - , A.D. 19 3 teary Publ in and for Collin County, Texas Publisher's Fee $ - - I CITY OF ALLEN BLIC HEARING NOTICE Notice is hereby given that the Allen City Coun- cil will con8uct a public hearirig at"their regular meeting- on Thursday, `July 7, 1983, at 7:30 p.m., at the Alleri Municipal Annex, in the Council Chambers, 1 Butler Cir- cle, Allen, Texas, to con- sider a request for zon- ing change by Clark and Iva Fishel. The proposed zoning change is on 5.328 acres of land in the David Wetsel-Survey, Abstract No. 977.and the William Peirin Survey, Abstract No. 708; Collin County, Texas. This property is further described as be- ing 114 mile south of F.M. 2170 on `Jupiter Road, and being 'on the west side of Jupiter Road. Said request is to change the'zoning from R-3 (residential) to TH (Townhouse): '4 :I. Anyone' wishing to -speak FOR 'or AGAINST this request js invited to attend ,this public hear- ing and,voice their opi- nion. ' �t �„ If'',further - information is' neede`d;+call the Allen Municipal Annex, Department of Com- munity, Development, at •727-9171r or 424.7518 ;and *(met)rojrefer to Zon- ing Case No. Z4-15-83.14. Marty Hendrix, City Secretary (Published in The Allen American on Thursday, June 18, 1983.) \1 b