O-567-11-84ORDINANCE NO. 567-11-84
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE
NO. 370-10-81 TO INCLUDE THE ATTACHMENT OF EXHIBIT "ETM,
APPROVED SITE PLAN, FOR DEVELOPMENT OF A ONE ACRE TRACT
OUT OF THE PETER WETSEL SURVEY, ABSTRACT NO. 990,
PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS A
PORTION OF PD -SC NO. 5; PROVIDING FOR A PENALTY; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF
THE CAPTION.
WHEREAS, the Planning and Zoning Commission 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 notice by publication and otherwise; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen, have held due hearings and afforded 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,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen, in the exercise of its legislative discretion, have concluded that the
Planned Development Zoning Ordinance No. 370-10-81 should be amended to include
the attachment of Exhibit "E", approved site plan, for development of a one acre tract
of land out of the Peter Wetsel Survey, Abstract No. 990, presently delineated on the
Official Zoning Map as a portion of PD -SC No. 5.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That the Planned Development Zoning Ordinance No. 370-10-81
of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit
"E", approved site plan, for development of a one acre tract of land out of the Peter
Wetsel Survey, Abstract No. 990, presently delineated on the Official Zoning Map as a
portion of PD -SC No. 5.
Ordinance No. 567-11-84 - 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provisions of this ordinance be, and the same are hereby, repealed; provided, however,
all other provisions of said ordinances not in conflict herewith 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 Planned Development Zoning
Ordinance No. 370-10-81 of the City of Allen as amended herein by the approval of
attachment of Exhibit "E".
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 Planned Development Zoning Ordinance No. 370-10-81 of the City of Allen
and upon conviction shall be punished by a fine not to exceed the sum of one thousand
dollars ($1,000.00) for each offense.
SECTION 5. That it appears the above-described property requires site plan
approval 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 ordinance as the law in such cases provides.
SECTION 6. That 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 1st DAY OF November , 1984.
Ordinance No. 5 6 7-11-8 4 - Page 2
r
PROVED AS TO FORM:
A. Don Crowder,
APPROVED:
-Twft� W OKI 210 mol L
Iffiv
Donald P.-Rodenba6gfi, Mayor
ATTEST:
Marty Hendrix, Ity Secretary
Ordinance No. 567-11-84 - Page 3
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared JA1ZKXXX X9TE1N ;.who having
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
quently than once a week, having a general circulation in said county, and having been published regularly and
tinuously for more than twelve months prior to publishing
Notice pf Public Hearing
which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
October 29, 1984
dwhichwasissuedon October 29, 1984 ,by City of Allen
Collin County, Texas. A printed copy of said publication is attached hereto.
UBSCRIBED AND SWORN to before me this 5th day of
's Fee $ j14 -H 0
November
, A.D. 19 84
lRi�ary Public in and for Collin County, Texas
Dianne kerr
Commission Expires 10/14/87
CITY OF ALLEN
' NOTICE OF
PUBLIC HEARING
Notice Is hereby given
that the -Allen City Coun-
cil at their regular
meeting on Thursday,
November 15, 1985; at
7:30. p.m., in the Council.
Chambers of the Allenr
Municipal Annex, One
Butler Circle, Allen,
Texas, will conduct a
public hearing on a re-
quest for site plan ap-
proval on a 1 acre tract,
as requested by Mazzio's,
Pizza.
This site plan approval
request is located on a 1
acre tract of land out'of`
the.Peter Wetsel Survey„
Abstract No. 990, and
located adjacent to F.M.
2170 and approximately
150 feet west of Foun-
tain Park Drive. This pro-
perty Is currently zoned
Planned Development
"PD" Shopping Center
"SC" No. 5.
Anyone wishing to
speak either FOR; or.
AGAINST this request Is
invited to attend this
public hearing and voice
their opinion.
If further information
Is needed, call the Allen
Municipal Annex,
'Department of 06m-
munity Development,` at
727.9171 or 424-751$
(metro), and refer to Zon-
Ing Case No.
Z9%24-84-1.
Marty Hendrix.
City Secretary'
(Published In the Allan
American on Monday,
October 29, ,11 ON.)
5 (0 -/-/1- %4
if
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charl es,-' lf�, d .
BEFORE ME, the undersigned authority, on this day personally appeared >`-�,6cX%M Who�rawing 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
Public NQtira Ordinance #5611_RLL
-
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
11-19-84
and which was issued on
of Collin County, Texas.
11-19-84 .by City of Allen
A printed copy of said publication is attached ereto.
01
&��, � J -
SUBSCRIBED AND SWORN to before me this
Publisher's �Rotice
S __[ 7' "� 0
PUBLICNOfiIZIr Is hereby given
that the following
notices were adopted on
Thursday, November 15,
1984 (Titles and Penalty
Clauses only).
Ordinance No.
564.11.84: An Ordinance
of the City of Allen, Col-
lin County, Texas, An-
nexing the Hereinafter -
Described Territory to
the City of Allen, Texas,
Approximately 97.96
Acres Located in the Wit.
Saul Fisher Survey,
Abstract No. 323, Collin
County, Texas, and Ex-
tending tho Boundary
Limits of the City so as
to Include Said
Hereinafter- Described
Property Within the City
Limits and Granting to
All Inhabitants and
Owners of Said Property
all of the Rights and
Privileges of Other
Citizens and Binding All
Inhabitants by All the Or-
dinances, Acts, Resolu-
tions and Regulations of
Said City; Providing a
Severability Clause; and
Providing for the Effec.
tive Date of Said Or-
dinance.
Ordinance, No.
565.11.84: An Ordinance
of the City of Allen, Col.
lin County, Texas,
Repealing Ordinance No.
501.4.84 of the City of
Allen, Amending Com-
prehensive Zoning Or-
dinance No. 366-10.81 of
the City of Allen, As
Heretofore Amended, so
as to Establish Perma.
nent Zoning, To -Wit:
"PD" Planned Develop-
ment No. 29, on the
Following- Described
Tract of Land: Approx-
imately 97 Acres of Land,
More or Less, Out of the
Witsaul Fisher Survey,
Abstract No. 323, Page
181, Collin County Deed
Records, Collin County,
Texas; Providing for a
Preliminary Concept and
Development Plan; Pro-
viding for Use Regula.
tions; Providing for a
Land Use Plan; Providing
for a Penalty of Fine Not
to Exceed the Sum of
One Thousand Dollars
(SI,000.00) For Each Of-
fense; Providing for A
Severability Clatme; and
Providing for the Effec-
hve sato of Said Or.
, A.D. 19 RLL.
That any person, firm
or corporation violating
any of the provisions or
terms of this ordinance
shall be subject to the
same penalty as provid-
ed for in Comprehensive
Zoning Ordinance No.
366.10-81 of the City of
Allen, as heretofore
amended, and upon con-
viction shall be punished
by a fine not to exceed
the sum of One Thou-
sand Dollars' ($1,000.00)
for each offense.
Ordinance No.
566.11.84: An Ordinnce
of the City of Allen, Col.
lin County, Texas, Amen-
ding Planned Develop-
ment Zoning Ordinance
No. 369.10.81 to Include
the Attachment of Ex-
hibit "D", Approved Site
Plan, for Development of
a 3.217 Acre Tract out of
the William Perrin
Survey, Abstract No. 708,
and the Rufus Sewell
Survey, Abstract No. 875,
City of Allen, Collin
County, Texas; Presently
Delineated on the Of-
ficial Zoning Map as a
Portion of PD -SC No. 4;
Providing for a Penalty;
Providing for an Effec-
tive Date; and Providing
for Publication of the
Caption.
That any person, firm,
or corporation violating
any of the provisions or
terms of this ordinance
shall be subject to the
same penalty as provide
ed for In the Planned
Development Zoning Or-
dinance No. 369-10-81 of
the City of Allen and
upon conviction shall be
punished by a fine not to
exceed the sum of one
thousand dollars
(=1,000.00) for each of•
tense.
Notary Public in and for Collin County, Texas
Dianne kerr
Commission Expires 10/14/87
O.f ante-��I'to•
667.11.84: An Ordinances
ot-th"Gity'voL-A ee -Col-
Texas, Amen-
ding Planned Develop-
ment Zoning Ordinance
No. 370.10-81 to Include
the Attachment of Ex.
hibit "E", Aproved Site
Plan, for Development of
a 1 Acre Tract out of the
Peter Wetsel Survey,
Abstract No. 990,
Presently Delineated on
the Official Zoning Map
as a Portion of PD -SC
No. 5; Providing for a
Penalty; Providing for an
Effective Date; and Pro-
viding for Publication of
the Caption. ,
That any person; firm,
or corporation violating
any of the provisions cr
terms of this ordinance
shall be subject to the
same penalty as provid-
ed for In the Planned
Development Zoning Or-
dinance No 370-10-81 Of
the City of Allen and
upon conviction shall be
punished by a line not-io
exceed the sum of one
thousand dollars
(51,000.00) for each of.
fense.
Copies of these or-
dinances may be read or
purchased at the Office
-of the City Secretary,
Allen Munciclpal Annex,
One Butler Circle, Allen,
Texas.
Marty Hendrix
City Secretary
(Published In the Allen
American on Monday.
November 19, 1984 and
Thursday, November 22,
1984.)