O-627-9-85ORDINANCE NO. 627-9-85
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE 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 -SC (FLOOD
PLAIN -SHOPPING CENTER) AND FP -0 (FLOOD PLAIN -OFFICE), SAID TRACT OF
LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 21.2474 ACRES OF LAND
LYING IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 997 AND THE WILLIAM
PERRIN SURVEY, ABSTRACT NO. 708, COLLIN COUNTY, TEXAS; PROVIDING FOR A
LAND USE PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF 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 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 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 21.2474 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 -SC (Flood Plain -Shopping Center) on
12.1882 acres of land and to FP -O (Flood Plain -Office) on 9.058 acres.
Ordinance No. 627-9-85 - Page 1
SECTION 2. That the Land Use Plan approved and described as Exhibit "B"
attached hereto and made a part hereof for all purposes shall be adhered to in its
entirety for the purposes of development.
SECTION 3. 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provisions of this ordinance shall be, and the same are hereby, repealed; provided,
however, all other provisions of said ordinances not in conflict herewith shall remain in
full force and effect.
SECTION 4. That the property described in Exhibit "All attached hereto shall
be used in the manner and for the purposes provided for as approved by the attachment
of Exhibit "B".
SECTION 5. 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 6. 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 7. 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 5th DAY OF September , 1985.
Ordinance No. 6 2 7- 9- 8 5 - Page 2
APPROVED: September 5, 1985
Donald P. '••- •: • `
ATTEST:
Marty Hendrix, Citosecretary
APPROVED AS TO FORM:
A. Do owder, City A orney
Ordinance No. 6 2 7- 5- 8 5 - Page 3
Attachment to Ordinance No. 627-9-85, adopted on 9-5-85
"EXHIBIT A"
FIELD NOTES
SITUATED in the City of Allen, Collin County, Texas, in the David
Wetsel Survey, Abstract No. 977, and being a resurvey of a part of a called
30.26 Acre tract of land described in two tracts in a deed from Gentry T.
Jones, et ux, to Milton V. Gafney, et al, as recorded in Volume 585, Page
116 and Volume 591, Page 159 of the Collin County Deed Records, said part
being more particularly described as follows:
BEGINNING at the intersection of the centerline of Cottonwood Creek with
the Southeast line of State Highway No. 5 (Greenville Avenue);
THENCE along the Southeast line of said State Highway No. 5 as follows:
N31 -42'57"E, 290.17 feet to a concrete highway monument;
N57"54'53"W, 25.33 feet to a concrete highway monument;
and N31'42'57"E, 173.28 feet to a fence corner post in the South line
of F. M. Highway No. 2170 (Main Street);
THENCE N62°03'34"E, 84.77 feet along the South line of said F. M. Highway
No. 2170 to an iron rod set at the beginning of a curve to the left, having
a central angle of 13'05'29"and a radius of 761.20 feet;
THENCE along said curve to the left on the South line of said F. M. Highway
No. 2170, a distance of 173.92 feet to an iron rod set at the end of said curve;
THENCE N73012'07"E, 130.92 feet along the South line of said F. M. Highway
No. 2170 to an iron rod set at the beginning of a curve to the right having
a central angle of 10°15'47" and a radius of 730.72 feet;
THENCE along said curve to the right on the South line of said F. M. Highway
No. 2170, a distance of 130.89 feet to an iron rod set therein;
THENCE S3006'45"W, 800.00 feet to an iron rod set;
THENCE S86053'15"E, 360.02 feet to an iron rod set in the centerline of
Jupiter Road;
THENCE S3006'45"W, 45.91 feet along the centerline of said Jupiter Road
to a 60d nail set at the beginning of a curve to the right having a central
angle of 0'21'05" and a radius of 666.62 feet;
THENCE along said curve to the left on the centerline of said Jupiter Road,
a distance of 4.09 feet to a 60d nail set at the end of said curve;
THENCE N86'53'15"W, 343.00 feet to a point for corner;
THENCE S03006'45"W, 53.00 feet to a point for corner;
THENCE S77018'00"W, 489.81 feet to a point for corner in the center of
Cottonwood Creek;
THENCE along the center of said Cottonwood Creek as follows:
N19 -40'04"W, 442.14 feet and
N50°35'37"W, 80.89 feet to the place of beginning and containing
12.1882 Gross Acres of land.
Attachment to Ordinance No. 627-9-85, adopted on 9-5-85
"EXHIBIT $"
FIELD NOTES
SITUATED in the City of Allen, Collin County, Texas, in the David
Wetsel Survey, Abstract No. 977, and being a resurvey of a part of a called
30.26 Acre tract of land described in two tracts in a deed from Gentry T.
Jones, et ux, to Milton V. Gafney, et al, as recorded in Volume 585, Page
116 and Volume 591, Page 159 of the Collin County Deed Records, said part
being more particularly described as follows:
BEGINNING at a 40d nail set at the intersection of the centerline of Jupiter
Road and the center of Cottonwood Creek;
THENCE along the center of said Cottonwood Creek as follows:
N55"26'13"W, 273.53 feet;
N49 -43'42"W, 135.-46 feet;
N05 -26'33"W, 160.57 feet;
N23 -15'42"W, 123.52 feet;
and N19040'04"W, 146.00 feet to a point for corner therein;
THENCE N77018'00"E, 489.81 feet to a point for corner;
THENCE NO3°06'45"E, 53.00 feet to a point for corner;
THENCE S86053'15"E, 343.00 feet to a point for corner in the centerline of
said Jupiter Road, said point being the beginning of a curve to the right
having a central angle of 26°48'45" and a radius of 666.62 feet;
THENCE along said curve to the right on the centerline of said Jupiter Road,
a distance of 311.96 feet to a 60d nail set at the end of said curve;
THENCE S30016'37"W, 578.64 feet along the center of said Jupiter Road to the
place of beginning and containing 9.0587 Acres of land.
�j
3"C�
>
7.1
S 62'�37'40 E
934
S68-22' E
Approx Survey
100 00' ine
A.irb 08. Ma in- S tree t+-=�,
--R.761
N 22-18 30-E 20'
13303
--A S 22'37 WE
JE� '73
-7'30
14733' 30' E N E
78.982
11392 13
N 62*03'34'E
26'07'W "�T PACT 2 84,77' C>
0
74.11,OD
'2.5480 Acres N W4 2'5 71 173 28'
,5P
N 5754'53'W 2533'
41, L
N 4
27 96'
TRACT 1
21.2469 Gross Acres
N50'35'37W 0.6420 Ac- in Existing
8089 Jupiter Road
0.2896 Ac. in Rdw . Esmt L
20.3153 Net Acres
F7
\ .. r - t.' Le ��
S86'53'15-E 36002
A SfO6,45-W-45 91
--?_
0
IF
e�7 A
Scale 1'.100' r
N 23'15'42'W
123.52' / / ,/
N 5-26-33-.W
160.57
'00
A
N 4943'42*W
135,46'
ol 14"A':
A
v
CITY OF ALLEN
ORDINANCES & RESOLUTIONS
YEAR 1985
ORDINANCE/RESOLUTION (0z9 - 9 - SS
I DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A
(number)
35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE
DUPLICATE ROLL LOADED INTO MICROFILM JACKETS.
The 35mm microfilm jackets for the entire year are filed at the end
of all 16mm microfilm jackets for that year. All 16mm and 35mm
jackets are consecutively numbered.
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-
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 - Ordinance ;rd's 627-9-85 - 628-9-85
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
September 11 & 15, 1985
and which was issued on 9/11/85 1 by City of A L l e n
of Collin County, Texas. A printed copy of said publication is a ach her to.
SUBSCRIBED AND SWORN to before me this
22nd ^-1
Publisher's Fee $ 5 2 .8 0
CITY OF ALLEN _
PUBLIC NOTICE
Notice is hereby giver
11 that the Allen City Courn
cil adopted the'followin5
ordinances in lheii
regular session' held or
h'ursday: S4ptember 5.
1985 (Tit'les and Penalty
Clauses only):
Ordinance No.
627.9.85: -,An Qrdinance
[3166-10-81,
f the City of Allen,'C61-
n'County, Tex9s, Arrfen'
ing—Compreifiensrve
oning Ordinance No
as Previously'mended, so as to
hange the Following
escribed Tract'of Land
from "AO" (Agricultural-
ien1space) Classifica-
,
,;in to FP -SC (Flood
Plain -Shopping -Center)
land FP -O (Flood"'Plain-
tOffice), Said Tract of
Land being Dcscribed'as
Follows: Approximately
21,2474 Acres of Land
Lying in the David
Wetsel Survey, Abstract
No. 997 and the William
Perrin i Survey, f Abstract
No. 7b8, ColIW County,
Texas; Providing for a
Land Use Plan; Qroviding
for a Penalty of,Rne Not
to Exceed the Sum of
One, Thousand; -Dollars
($1,000.00) for Eich Of-
fense; Providing for~ a
Severability Clause; and
Providing for the Effec-
tive .Date of Said- Or.
dinarfce.
That any person, -firm
or corporation violating
any of the provisions or
terms of this ordinance
shall'be subject to- the
same penalty his pro0 id -
ed forlin Comprehensive
Zoning Ordinance No.
366.10-81, as previ6ugly
amended, and upon con-
viction shall be punished
by a' fine not to exceed
the sum of One Thou-
sandiDollars ($1,000.00)
for each offense.
Ordinance No.
628.9.85: An Ordinance'
of the City of -Allen
Establishing a Pro Rata
Charge as Prerequisite
to Utilizing the Capacity
of Specified Water Line;
Providing a Severability;
Providing for an Effec
Live Date of, This -Or-
dinance.
Any person violating
any -of the proNSions-of=
this Ordinance shall be',
deemed guilty of4misde-
mea7hor, and upon-rcon-
victirin thereof, shall be
fined $1.00 to $200.00.
Each day such vi6laTi8h'i
(continues 'shall con-
stitute a s6parate and
distinct offense. j
Copies of,, these or-
dinances may be read or
purchased on the office
of the City (Secretary;
Alle'r_'i Municipal Annex,
One Butler Circl'e,•Allen,
Texas.
Marty Hendrix,
City,Seclretar-y,
(To be published yin ,the
Allen , Ahiefl6an` lion
Wedriesda'y`i $6ptember
1 i, 1985 and and Saturaajr,"-
September 14, 1985) -
day of l U U G l , A.D. 19 7
Notary Publ and for Collin County, Texas
PUBLIC NOTICE
Notice is hereby given
9 that,the Allen City Coun-
5 cil adopted the following
ordinances in their
regular session -held on
hurgday, September 5,
1985 (Titles and Penalty
Clauses only):
Ordinance No.
627.9.85: An Ordinance
of the City of Alleri,•Col-
lin County, Texas, Amen-
ding 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) Classifica-
tion to FP -SC, (Flood
Plain -Shopping Center)
and FP -O .(Flood, Plain -
Office), Said 'Tract of
Land Being Described as
Follows: Approximately
21,2474 Acres of Land
Lying in the David
Wetsel Survey, Abstract
No. 997 and the William
Perrin Survey, Abstract
No. 708, Collin County,
Texas; 'Providing for a
Land Use Plan; Providing
for a Penalty of Fine Not
to -Exceed the Sum of
One Thousand . Dollars
($1,000.00) for Each Of-
fense; (Providing for a
Severability Clause; and
Providing for the Effec-
tive Date of Said Or-
dinance.
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 Comprehenslve
Zoning Ordinance No.
366-10-81, as previously
amended, and upon co
viction shall be punishend
by a fine not to exceed
the sum of One Thou-
sand Dollars;($1,000.00),
foi each offense. .,: t `-ti
Ordin'andle No.
628.9.85: An Ordinance
of the City of Allen
Establishing a Pro Rata
Charge as Prerequisite
to Utilizing the Capacity
of Specified Water Line;
P_rovidina.aJ5everabilit
y�
Proviaing a Penalty anc
Providing for an Effec
tive Date of This Or
dinance.
"Any person violatinc
any of the provisions of
this Ordinance shall be
deemed guilty of misde
meanor, and upon corn
viction thereof, shall be
fined 1$1.00 to $200.00.
Each day such violation
continues shall con•
stitute a separate and
distinct offense.
Copies of these or.
dinances may be read or
purchased on the office
:)f the City Secretary)
411en Municipal Annex;
Dne Butler Circle, Allen;
texas.
Marty Hendrix,
City Secretary,
To be published in the
411en American ori
Nednesday, Septembei
11, 1985 and Saturday;
3eatember 14, 1985) 1
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-
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 - Cambridge Co.
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
August 19, 1985
and which was issued on 8/19/85 by City of Allen
of Collin County, Texas. A printed copy of said publication is attached tereto.
j I , Z,
SUBSCRIBED AND SWORN to before me this 16th day of September , A.D. 19 85
F
Notary PiNic in and for Collin County, Texas
Publisher's Fee $ 15 .60
NOTICE OF
PUBLIC HEARING
Noti6e is hereby given
that the Allen'City Coun-
cil will conduct a public
.hearing at, their- regular
meeting to be held "on
.Thursday, September 5,
.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 for a zoning
change _from r AO
(Ad�'icult`ure-Open
Space) _to ,FP, -SC (Flood
Plain — Shopping
Center) land FP — 0
(Flood Plain —j Office),
as f requested "by Cam -
'bridge Company.
This request for a zon-
ing change is on 21.2474
P acres of. land out of the
David' 'Wetsel Survey,
Abstract No. 997, and the
William Perin Survey,
Abstract No. 708, Collin
County, located at the
southeast corner of'the
intersection of F.M. 21701
and State Highway 5.`
The request is to changel,
the , present, zoning ofj
r Agriculfure� `=' 'Open,
Space to 9.6 -acres ofd
Flood Plain — Office and,
11:6474 acres of Floodl
Plain — Shopping"
Center.
Anyone interested in
speaking either FOR or
AGAINST this request is
invited' to attend the
'public hearing and voice
their 60inion.
If further information
is needed, contact the
-Allen Department of
community Develop.,
menu"t' at 727.9171 = or
424.7518 (metro).
'Marty Hendrix
City Secretary
(Published In the Allen
American on Monday,
August 19,11985:)
Attachment to Ordinance No.
627-9-85, adopted 9-5-85
"EXHIBIT B"
N 22018-30-E
NOTE: RESTRICTION PLACED ON THE
OFFICE ZONING OF ONE STORY
GARDEN OFFICES.
S 62*37'4 07 E
.34
S 68*2 2' E
4
100.00 ApDrox. Survey Line
1 ro08"
761.20'
. . . . . . ..... ..........
ir S 2 273 7 V"E
30.72
A Z -?3,
rl. C>� \Q.
0%4 13
N 14 33'30"E 'Sftr lzc*,,
i / W-",tk. VAL,..� . V+c i4 N 7T1ZVE
I O.JO t S T E M. —
0 A,
This property not included
N
in this zoning ordinance. 26*07V 7"D
74.11'
x\
.00
0+
A
CP
7 5s,
A
N 4r35'15*1N
2796 1
I-10
3 Z Z
\JcD L-
19
:173.92 130-92'
.62'*03"34"'E c::
84-77'
C)
jZ5r,--,fs. ItW3 co
N 31*94 2- 5'E 173. 2 8'
MA-A'T. - \Ao%. - SMkS . ,ZA-7
53V 25.33'
N 50'03537W
80.89'
scclle- 1"=100'
TRACT 1
CD
21% 2469 Gross AcrtrDis a
U.64201 Ac in Existing 9
Jupiter Road �J
0.20J6 Ac. *In Rd'vv ye Esmt
n IL it
20.315,) lNet Acres
A
-�r— ev SW53'1511E 360.-02''
N 23° 154 2"W
x23.52'
N 5 4.i 6'33" W
160.57' ,
N 4 9*4 T4 2" W
135.46'
ze"
LO
Z 70
1�
SEE NOTE ON RESTRICTION
IN THIS ZONING DISTRICT
141
Taut.
Juana haft -----7
S% ---r QxtL-
5
Sf06`4-T T,
,s -I— "IAA"
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