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O-604-4-85ORDINANCE NO. 6 0 4- 4- 8 5 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO" (AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO "FP -0" (FLOOD PLAIN -OFFICE), SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 20.2038 ACRES OF LAND LYING IN THE THOMAS G. KENNEDY SURVEY, ABSTRACT NO. 500, COLLIN COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A SITE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 20.2038 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" (Agricultural -Open Space) to "FP -0" (Flood Plain -Office). 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, Ordinance No. 6 0 4- 4- 8 5_ Page 1 however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. 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 No. 366-10-81, as previously 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 4. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 5. 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 18th DAY OF APRIL , 1985. APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: Marty Hendrix, City Secretary VED AS TO FORM: A. Don Crowder, City Attorney \ Ordinance No. 6 0 4- 4- 8� Page 2 -7-d 17 7 g-, caw f+rf7t•L Z 'A I_J IM 2 Ut '-?A ='eni. OM'k0kr­iiW-; !ad f 'e-' TcM XTI, - ­ - r v V, 9M.- I __ =4 Su"T (�Oljln Gcur- r-- :-c;GG i, S ,UA;11, - I . TA.-S nne_7 lile Tbcmas��5. -a- g.- y Tic 75, t -a, -a ead' . wa -01 �p . J,. 's. Scribes::' f part. cf, 45-2-r- acree: Se -rid 3: resu- 11, vey,; o; ,.e ate Ju4e-'7 ri at Y,,srr A o, ;b et.� ed 11 e �t o:rd a eifi�; I e 112 Page e C �ljiji, �ujjty`_ -1) & vdiur J c 7_1 and, bounds a- _10W3 end.- o at the N -6.f u nw:i. Nc. 7 h the r_,enter ^0 NLSi- jc� ING' a, a point rt�bci=d­ anj-_3outhbv;Ta, dares. fc:�-Iocth -the lic C, tas in bria.�.e- Deer_ F%c4-Iet_ f-80 4TI ing, at F_ -X, Sta —ion, 6C, 5/; T- 1, - I" 'tc" - -7 a, curve to II sa 4 F,.rj S, me, b e tr, e- c - a4 - . i Of S id HJZ:�, .4i+,h, the cen� set ati the -1�3C.,O, feet to an iron ieft; T 4CE Ncrth 71- 1_(�,V ',iest in the -e of' sa; c.:,, a w-coden ;Iark6r for LAC to an 1, h sail W�st -,4 0, - W 3 .'Q--i'eet WL,, ; -n and- uth 180' Z -V Wes� 'CE SL T I -IMT .4,�iich, has- '---.e--n r t-ne. canter cf p set there;-- O-ve _ot,,jett. Creek re.-Oute,-,-. L I n b ei c I e C er,4-=r ol" h :�O "I icer :i ThalCE "Cr�� at c, center Of sari cl�d b &I '-here `�'ie "i ers toe p n cer. U­ ek ., v t 'reek ben E e _4_4_7e qcwiett r e -1c. 'reek f ivWS 'i3"0101's: MC.U4-, L; zi-w e� , (, t 0 3' "est 57 - '70 f C�jjows:� u1i t 1 %=ea- llu ;CE ur 0" a '-3c- �O27! 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Z �% r I � li ;I � � /l •l P L A 319 At r / r / �A Z • t 'i .1 � %• fit'/ / r r. • it O OJl + •• /C� /i V / • � to / �/ 0�� .Y l � l l 4 • s •� �w 4.OJ .� � l / / 1 / 4r••[G vFr•an 1. rz' �J ori". i +u� Yfe•nl eaa I f1/ Jsr•rt tcc y .I �% ' rM•7e' f�/' /q ry / � N 9f •C r . i/ 9 r rfa'rf V.7, I— % / . � 4e 4 V Fti / A l /wrl: / • y /y N•rr ,MFLR lI[YArMNM l77a'AA7.l MfL. r;1 f: ".177 CR[!R .I7df NNr •O r.i / / �' / Rlfll! Nr 14w1vet YJ O/rove /M M7a Wl ✓ I![, CRtCO[.a N rl0 Jfplr!/R .lA Na. y!'lN SNI• ••ter • Jt W. 4.fr r WLSr 5'" 141r w" ,' ala .Wr[ 141, JiL lO ! 5934 4[.017 aCI1f! F A,yra Ar Jw fit" filo /1 N AC 4F 00 AC (. ! L aA.AA" .sue? o -4 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 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- *ntly 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 Notice of Public Hearing - Kennedy - 7:30 p.m. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on March 11, 1985 and which was issued on 3/11/85 by City of Allen of Collin County, Texas. A printed copy of said publication is att#Vhed hergo.. . /I SUBSCRIBED AND SWORN'to before me this �� day of , A.D. 19$S. Publisher's Fee $ 9.60 • Notary Public) in and for Collin County, Texas CITj`�j� OF ALLEN OTICE OF �PUBLIC HEARING Notice is hereby given that the City of Allen will conduct a public hearing on Thursday,. March 21, 1985, at 7:30 p.m., in the Council Chambers of the Allen' Municipal Annex, One Butler Circle,'Allen, Texas, to' consider a re- quest fdr, annexdtion, of 20.2038._acres of -land; located in: the Thomas G: Kennedy , Survey', Abstract' No'. 500, located west of Watters' Bra'hch, aa -requested by Charles -Forbes. Anyone wishing to speak FOR or AGAINST 'this request is,invited to attend this public`hear- ing and voice their opi- nion. If further information is needed, call the Allen Municipal. Annex, at 727-9171 , or 424-7518 (metro). i' ' Marty Hendrix City Secretary (Published 'in the Allen Aaerican on 'Monday, March 11, 1985.) Lbs--05-<z/� 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 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 Nntirp of Pllhllr uo Kennedy - 1.00 p.m. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Match 11, 1985 and which was issued on 3/11/85 by City of Allen of Collin County, Texas. A printed copy of said publication is at d here SUBSCRIBED AND SWORN to before me this day of , A.D. 19n . n n c ., A Publisher's Fee $ g . 60 Notary PubU in and for Collin County, Texas CIl�? OF ALLEN �\ NOTICE OF PUBLIC HEARING ) 'Notice, is -hereby given that -the City of Allen will conduct's public hearing on -Thursday, March 21, 1985, at 1:00 p.m.,'in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a re- quest for annexation of 20.2038. acres of land located in the Thomas G. Kennedy Survey, Abstract, No.k 500, located west of Watters Branch,.asrequested by Charles Forbes. ' ,Anyone- wishing to speak FOR or AGAINST this" request is invited to attend this public hear. ing and "voice their opi- nion. If further information is needed, call the Allen Municipal ' Annex, at 727-9171 or 424-7518 (metro). Marty Hendrix _City Secretary (Pub fished dn. the, Allen American on Monday, March 11, 1985.)