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O-597-4-85ORDINANCE NO. 5 9 7- 4- 8 5 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 56.8 ACRES OF LAND, MORE OR LESS IN THE FOLLOWING -DESCRIBED TRACTS OF LAND, TO -WIT: TRACT A - "R-2", (RESIDENTIAL) ON 19.9793 ACRES OF LAND AND TRACT B - "R-4"9 (RESIDENTIAL) ON 36.8908 ACRES OF LAND, OUT OF THE WILLIAM SNYDER SURVEY, ABSTRACT NO. 821, COLLIN COUNTY, TEXAS, LOCATED EAST OF MALONE ROAD 1/4 MILE SOUTH OF F.M. 2170; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR PUBLICATION OF A CAPTION. WHEREAS, the 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 56.8 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 following zoning classification, to -wit: That these areas be and the same are hereby zoned as follows: Tract A 19.9793 Acres "R-2" Residential Tract B 36.8908 Acres "R-4" Residential Ordinance No. 597-4-85 - Page 1 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That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect.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 tracts 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 th 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. DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin County, Texas, this 4th day of April , 1985. APPROVED AS TO FORM: APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: Marty Hendrix, Ciq Secretary _ Ordinance No. 597-4-85 - Page 2 AFFIDAVIT AND PROOF OF PUBLICATION iE STATE OF TEXAS )UNTY OF COLLIN Charles F. Barnard, 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 fre- lently than once a week, having a general circulation in said county, and having been published regularly and con- iuously for more than twelve months prior to publishing Public Notice - Ordinance Ps 597-4-85 through 598-4-85 which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 4/8/85 & 4/11/85 d which was issued on 4/8/85 by Collin County, Texas. A printed copy of said publication is 441— SCRIBED AND SWORN to before me this day of 's Fee $ 67 .2 0 /�'iTY OF ALLEN PUBLIC NOTICE Noticeris hereby given that the Allen'City Coun-1 cil adopted the following ordinances i'n' their, regular se'ssiori, held. on Thursday,' April 4, 1985' (Titles and Penalty Clauses only) Ordinance No. 8597.4.85: An Ordinance of the City of Allen; Col- lin County, Texas, Amen- ding the Comprehensive Zoning Ordinance of the City of Allen, As Heretofore,Amended; so as ;to• Establish -'Permax nent'-Zoning oA' 56.8, Acres of Land, More or Less ihy the Following - Described Tracts of Land, To -Wit: Tract A - "R-2" (Residential)(, on 19 9783 'Acres :of Land and Tract B 13 "R-4" (Residential) on.36.8908 Acres of Land, Of Vie William rSnyder, Survey, Abstract No. 821, Collin County, ,Texas, Located East of ;Malone Road 1/4' Mile,.South of F.M. 2170; Providing fora Penalty of , Fine Not to Exceed the SurrVrof One Thousand Dollars ($1,00000) for Each Offense; Providing an Effective Date of This Ordinance; and Pro- viding for Publication of a Caption. That any �erson. firm or. corpgration 'violating any of the provisions,or terms of this ordinance shall be subject- to the same penalty as' provid; ed for in the Comprehen- sive Zoning Ordinance of the City of Allen, as heretofore amended; and - upon cd`nvictio6'.shall be punished by a fine not to exceed 'the sum of One Thousand Dollars ($1,00000) for each of- fense. a Ordinance No. --1 598.4.85: An Ordinance of the City of Allen, Col- lin County, Texas: -Amen- ding -the Comprehensive Zoning -Ordinance of the City of Allen, As Heretofore Amended, so as to Change the Following -Described Tract of Land from the current zoning' District Classifications of "R-2" (Residential) to (Residential with Deed Restrictions) 'and LR (Local Retail), Said Tract of Land Being Decribed as 'F'ollows: Approx- imately -9.18 Acres.More or Less, Out of the Peter Fisher Survey, Abstract No 324:+ Collin County, Tezas: Providinb for a Penalty -.of Find Not to Exceed the Sum of -One Thousand r` Dollars - ($1,000.00) for Each Of- fense; and Providing an Effective Date of This Or. dinance; and a Providi6g an Effective Date of This Ordinance; and,.Pro. viding for Publication of a 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 provid- ed for in the Comprehen- sive Zoning Ordinance of the City of Allen," as Heretofore amended, and uportydon�viction'shall' be- purlishdd by a fine not to exceed the sum of One Thousand Dollars ($1 000 00) for each or. fense Ir A copy of these or dinances-Fina'jr be read ohe office of the City. Secretary. 'Allen MUnicipal' 'Annex. `One Butler Circle. Allen. Texas, Marty Hendrix City Secretary (Published in the Allen o, Americanon , Monday, April 8, 1985 and Thurs. day, April 11, 1985.) City of Allen [} , A.D. 19 0 .I Notary Publoin and for Collin County, Texas rCITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the -Allen City,Coun- , cil adopted'the following ordinances "fn their 'regular sessiori_held- on -Thursdaly,- Apnl :4,.:1985 (T.ittes -and 4Penalty ;Clauses,only)r- r Ordinance ,No. 597.4-85: An Ordinance of the City of,Allen, Col- lin County, Texas, Amen- ding the Comprehensive Zoning Ordinance -of the City of Allen; As Heretofore Amendecr so as to, Establish Perma- nent Zoning on, 56.8 Acres of Land, More or Less in the Following - Described Tracts of Land, To -Wit: Tract A - "R-2 (Residential),- on •19 9783 Acres of Larid and Tract B&_•- "9-4" (Residential) on, 36.8908 Acres of'Land; Out of the William Snyder Survey, Abstract No. 821, Collin County- Texas, -Located East of MaloneRoad 1/4 Mile South of F.M. 2170; Providing for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($1,000.00)'- for Each,Offense; Providing an Effective Date of This Ordinance; and Pro- viding for Publication'of a 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 provid- 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 exceed the sum of One Thousand Dollars ($1,000.00) for each of- fense. Ordinance No. 598.4.85: An Ordinance l of the City of Allen, Col- lin County, Texas, Amen- ding,the Comprehensive Zoning Ordinance of the City of Allen, -As Heretofore Amended; so as to Change the Fol lowing -Described Tract of Land from the current zoning District ------------ ---- Classifications of "R-2" (Residential) to "R-5" (Residential- with, Deed Restr,ictions), and LR (Local Retail); Said Tract of Land>Being DeCribed I as Follows:' Approx- imate)y 9 187Acres More or Less, Out -of the Peter Fisher Survey, Abstract No. 324; Collin County, Tezas; Providing 'for a Penalty' of Fine Nbt to Exceed' the Sum of One Thousand, Dollars ($1,000.00) ifor Each Of- fense; and Providing an Effective,Date of This Or- dinance; and Providing an Effective Date of This Ordinance; and ,Pro. viding-for Publication of a Caption: r , That any person, firm or corporation, violating any,of the.provi§ions`or terms of this' ordinance shall be subject to the same penalty as provid- 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 I exceed the sum of One Thousand Dollars ($1,000.00) for each of- fense. t A -'copy: of. these or- dinances may be .read ohe office of the City Sec-retary, ', Allen Municipal Annex, One Butler' Circle, 'Allen, Texas' - 1 •11 , { ' ` Marty Hendrix r City Secretary (Published in. the Allen Americanon -Monday, April 8, 1985 and Thurs- day..Aoril 11, 1985.1 - 4-. 1F 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 , who having been 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- Iuently 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 - Shelley Realtors of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 18, 1985 and which was issued on 3/18/85 t by of Collin County, Texas. A printed copy of said publication is SUBSCRIBED AND SWORN to before me this /0 day Publisher's Fee $ 14.40 City of Allen Notary Pub (`blfY OF ALLEN NOTICE OF' 71 PUBLIC HEARING Notice is hereby given that the,Allen City Counc cil will conduct a public hearing at their regular meeting to'be held : on .Thursday, April 4, 1985, at 7:30 p.m., in the Coun- cil Chambers of the Al led Municipal Annex, One' ,Butler Circle, Allen; Texas, to consider ire - quest for permanent zon- Ing on 56.8 acres, as re- quested by Nelson Engineering, agent for Shelley Realtorwi j, -,The ;request. is to change -the present zon- ing of AO (Agriculture Open Space) to 19.9793 acres of R-2 (Residential) and 36:8908 acres of R-4 (Residential). jhe' 56.8 acres is out of the ,William Snyder Survey, Abstract No. • 821, located west of F.M. -2551, east- of Malone Road, and approximately 1mile 'south of F.M. 2/4 170. Anyone _ wishing to speak either FOR or AGAINST this request for permanent,zoning Is invited 'to attend this public hearing and voice their opinlon. If further Information Is needed, call the Allen Municipal: , Annex, Department of Com- munity Development, at 727=9171 - or 424-7518 (metro). y4 Marty_Hendrix City Secretary (Published in the Allen American on Monday, March 18, 1985.) i A.D. 19_2L5. and for Collin County, Texas