O-594-3-85ORDINANCE NO. 594-3-85
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
ESTABLISH PERMANENT ZONING ON 76.188 ACRES OF LAND, MORE
OR LESS, IN THE FOLLOWING -DESCRIBED TRACTS OF LAND, TO WIT:
TRACT NO. 1 - "LR", (LOCAL RETAIL) ON 6 ACRES OF LAND; TRACT
NO. 2 - "TH", (TOWNHOUSE) ON 11.79 ACRES OF LAND; TRACT NO.
3 - "R-4", (RESIDENTIAL) ON 27 ACRES OF LAND; TRACT NO. 4 - "R-
3", (RESIDENTIAL) ON 25 ACRES OF LAND; TRACT NO. 5 - "R-2"9
(RESIDENTIAL) ON 5 ACRES OF LAND, OUT OF THE WILLIAM SNYDER
SURVEY, ABSTRACT NO. 821, COLLIN COUNTY, TEXAS, LOCATED AT
THE NORTHEAST CORNER OF MALONE ROAD AND PROPOSED
BETHANY ROAD; PROVIDING FOR A PENTALTY OF FINE NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR
EACH OFFENSE; PROVIDING FOR AND EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION OF A CAPTION.
WHEREAS, the City 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 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 No. 366-10-81 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 on a 76.188 acre tract of land described
in Exhibit "A" attached hereto and made a part hereof for all purposes, by changing the
zoning classification from "AO" to give the following -described tracts of land the
Ordinance No. 594-3-85 - Page 1
following zoning classifications, to -wit: That these areas be and the same are hereby
zoned as follows:
Tract 1 6 Acres "LR" Local Retail
Tract 2 11.79 Acres "TH" Townhouse
Tract 3
27 Acres
"R-4"
Residential
Tract 4
25 Acres
1111-3"
Residential
Tract 5
5 Acres
"R-2"
Residential
See Exhibit "B" attached hereto and made a part hereof for all purposes showing
site plan for property described in Exhibit "A".
SECTION 2. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance shall be, and the same are hereby, repealed all other
provisions of said ordinance shall remain in full force and effect.
SECTION 3. That the above-described tracts of land shall be used 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 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 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 One Thousand
Dollars ($1,000.00) for each offense.
SECTION 5. Whereas, it appears that the above-described property requires
that it be given the above zoning classifications 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 provided.
Ordinance No. 594-3-85 - page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 21 s DAY OF MARCH . 1985.
APPROVED:
MW
Donald P. Roddnbaugh, ayor
ATTEST:
Marty Hendrix, Cit8 Secretary
APPROVED AS TO FORM:
Ordinance No. 594-3-85 - Page 3
Ic
R3 io
TRAgT 4
n
s I
� S`y
0
K �O
y` R4
cr
a�r3 a TRACT 3 �— —
_ O� p0 I'
r
r I n
Y �
� I
z �.
zI TH
TRACT 7
LR II
TRACT 1 II
- n
----'— Q was 4'
86THANY ROAD
EBQQM
LAW ABU
lR •ACRES
TH 11.11 ACRE!
sr; S/ ACRES
RS 30 ACRE! I57a1
M 21 ACRES (41%; ��M°NOUSiiia l000 s r
ORDINANCE NO 594-3-85
EXHIBIT "A"
BRINKLEY
DRINKLEY b
SARGENT. INC.
A BrinklN a 8rW** C mWV
W T.r1 lCs'**
$420 L&j
(HAb 1.0% TS740
)14 MO1 1
JiIoTG� .�`a`bra� Q 2 w�► s adda•�
R3 13 ►nOW .ZSrtwtra.S
M4T)
(f
2 LL
, S, num
SUBJEPROPEB
VICINITY MAP
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Bernard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared X��kt ftX M, who having been
THE
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
Notice of Public Hearing - Request for Rezoning
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
January 21, 1985
and which was issued on 1/21/85 , by r i t V o f A l 1p n
of Collin County, Texas. A printed copy of said publication is att ched hereto.
SUBSCRIBED AND SWORN to before me this 11th day of February , A.D. 19 85
Notary Public in and for Collin County, Texas
Publisher's Fee I V
CITy OF ALLEN
1 NOTICE OF
PUBLIC HEARING
Notice is hereby given
;hat the Allen City Coun-
cil will conduct a public
hearing at their regular
meeting to be held on
Thursday, February 7,
1985, a1 7:30 p•m•, in the
Council Chambers of the
Allen Municipal Annex,
One Butler Circle, Allen,
Texas, on a request for
rezoning on 76.1 Teaarers
as requested by
vestments, Inc.
This request is to
change the Presentzon-
cr-
g ofAgnultue—
Nbpen Space to 6 acres of
I Local Retail; 5 acres of
R.� '(Residential); 11.79
acres of Townhouse;. 25
cr
aesici R-3 (Resideritial)
and 27 acres of ' R-4
i (Residential), with volum _
i tary-deed restrictions f o
set a 1;604 sq.
minimum house size.
This request for zoning
,hnnne is on 76.188
acres of land out of the
William Snyder Survey,
Abstract No. 821,
located at the northeast
corner of Bethany Road
and Malone Road.
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' 'Com-
munity Develop?hen1,"at
727,91.71 -or -424-7518
(metro). ' c
Marty,Hendnx
City Secretary
(Published in,�he Allen*
American on Monday,
January 21;_ 1985.) __
r j f
AFFIDAVIT AND PROOF OF PUBLICATION
STATE OF TEXAS
JTY OF COLLIN
Chaiiii",
d, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared who having
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
ently than once a week, having a general circulation in said county, and having been published regularly and
Luously for more than twelve months prior to publishing
Ordinance 4594-3-85
wnicn Ene attacttetl is a true and written copy, and which was published in THE ALLEN AMERICAN on
March 25, & 28, 1985
d which was issued on 3/25/85 by
Collin County, Texas. A printed copy of said publication is
UBSCRIBED AND SWORN to before me this day
blisher's Fee $ 4 3.2 0
1WTY OF ALEN
ed for in the Comprehen-
PUBLIC NOTICE
sive Zoning,Ordinance of
Notice is hereby given
the City of, 'Allen, as
hat the Allen City Coun-
heretofore amended, and
cil adopted the following
upon conviction shall be
ordinance in. a regular
punished by's fine not to
session held on' Thurs-
exceed the sum,bf One
day, March21,1985(Title
Thousand Dollars
and Penalty Clause on-
($1,000.00) for, each of-
ly.).
fense. "
Ordinance, No.
A copyof_ this , or -
594.3.85: An Ordinance
dinance may', be Ye'ad or
of the City of Allen, Col--
purchased'in W6 "office
lin County, Texas, Amen-
of the City Secretary,
ding the Comprehensive
Allen Munici�al Arinex,
Zoning Ordinance"of the
One Butler Circle; Allen,
City of ` Allen,; 'as
Texas. ' f ,.
Heretofore' Amended, so
- Marty Hendrix
as -to .Establish, Perma-
City Secretary
nent' Zoning on 76.188
(Published In the Allen
Acres of Land, More or
American on Monday,
Less, In ,the Following- IMar6h
25, 1985 ,and
Described Tracts of
Thursday, March 28,
Land, To Wit: Tract No. 1
1985.) `
— "LR" (Local Retail) on
-- -�----
6 Acres of Land; Tract
No. 2 — "TH'f
(Townhouse), on 11.79'
— -- 1
Acres of Land,; Tract No. _
3 — "R-4" (Residential),
on 27 Acres of Land;
Tract No. 4 — "R-3"
(Residential), on 25
Acres of Land; Tract No.
5 — 11R-2" (Residential),
on 5 Acres of Land, Out
of the William Snyder
Survey, Abstract No. 821,
Collin County, Texas,
Located at the Northeast
Corner of Malone Road
and Proposed Bethany
Road; Providing for a
Penalty of Fine Not to
Exceed the Suni of One
Thousand Dollars
($1,000.00) For Each Of-
fense; Providing for an
Effective Date; and Pro-
viding for Publication of
a Caption. `• It ''' '
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-
Notary Pu
City of Allen
in and for Collin County, Texas
OF•ALEN
ELIC NOTICE
Notice is hereby given
that,the Allbn City Codn-
cil adopted the following
ordinance in a regular
session held, on Thurs-
day, March -211-1985 (Title
and Penalty' Clause on-
ly,), ) ,
Ol'dinance ' No.•
5943.85: An 'Ordinance
of the City of Allen, Col-
lin County, Texas, Amen-
dingthe,Comprehensive
Zoning Ordinance of the
.City of Allen,' as
Heretofore Amended, so
as to"'Establish Perma-
nent Zoning- oh'76.188
Acres of Land, More or
Less, In the Following-
Described- Tracts of
Land; To Wit: Tract No. 1
— "LR" (C'ocal Retail) on
6. Acres of. Land; Tract
No. 2 — "TH"
(Townhouse), on 11.79
Acres of Land,; Tract No.
3 — "R-4" '(Residential),
on 27 -Acres of Land;
Tract No.' 4, —' "R-3"
(Residential),. on 25
Acres of Land; Trach No.
5 — "R-2" (Residential),
on 5 Acres of Land, Out
of the William Snyder
Survey, Abstract No. 821,
Collin County, ' Texas,
Located at the Northeast
-Corner of Malone Road
and Proposed, Bethany
Road; Providing for a
Penalty of Fine Not to
Exceed the Sum of One
Thousand - Dollars
($1,000.00)' For Each Of-
fense; Providltfg fdr an
Effective Date;tiand Pro-
viding for'Publication of
a Caotion.
or corporation violating
any of the provisions or
terms of this ordinance
shall be subject to the
same penalty as pFovid-
ed for in'the Comprehen-
sive Zoning Ordinance of
the City, of Allen, as
heretofore amended, and
upon conviction shall be
punished, by a fine not to
e*eed the 7sum of One
Thousand 'Doll'ars
($1,000.00)- for each of-
fense.
A 'copy of -this or-
dinance may be read or
puFchased _in the office
of the City Secretary,
Allen -Municipal Annex,
One BUtlei Circle, Allen,
Texas.
. ,. Marty Hendrix
:i City Secretary
(Published in the Allen
American on Monday,
March. 25, 1985 and
Thursday, March 28,
1985.)