O-658-11-85i
ORDINANCE NO. 658-11-85
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 PERMANENT
ZONING OF "SC" SHOPPING CENTER; SAID TRACT OF LAND BEING
DESCRIBED AS FOLLOWS: APPROXIMATELY 6.1193 ACRES OF LAND
SITUATED IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977,
LOCATED AT THE SOUTHWEST CORNER OF JUPITER ROAD AND F.M.
2170, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF $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 6.1193 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 permanent zoning of "SC" Shopping Center.
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provisions of this ordinance shall be, and the same are hereby, repealed; provided,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 5 8 -11- 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 the above-described tract of land shall be used in the
manner and for the purposes provided for by the Comprehensive Zoning Ordinance No.
366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the
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 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 5. 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 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 7th DAY OF AT^yemhPr , 1985.
APPROVED:
Donald P. Roden augh, Mayor
ATTEST:
/I M `
S PPRO TO FORM: Marty Hendrix, City cretary
A. on rowder, City Attorney
Ordinance No. 658-11-85- page 2
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 Properties - David Westel Survey
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
October 20, 1985
and which was issued on 10-20-85 by City of Allen
of Collin County, Texas. A printed copy of said publication is atta ed her to.
SUBSCRIBED AND SWORN to before me this 18th day of November , A.D. 19 8 5
Notary Publi and for Collin County, Texas
Publisher's Fee $ 14.40
NOTICE OF
(q� PUBLIC HEARING
Notice is hereby given
that the Allen City Coun-
cil will conduct a public
hearing at 7:30 p.m. on
Thursday, November %,
1985, in the Council
Chambers of the Alleri
Municipal Annex, One
Butler Circle,. Allen
Texas, to consider a re
quest -for permanent zon-
ing of SC (Shopping
Center) on,6.1193 acres
of land as, requested by
Cam bndge'Properties.
This zoning change re-
quest -is to rezone the
property from AO
(Agricultural --Open
Space)' tb ` permanent
Zonong of SC (Shopping
Center) on 6.1193 acres'
of land out of the David
Wets el Survey, Abstract
No. 977, located at the
southwest corner of the
intersection of F.M. 2170
and Jupiter Road.
Anyone wishing to
speak either FOR or
AGAINST this reequest
is invited to attend this
public hearing and voice
their opinion.
If further informafibn
on this request is need-!
ed, contact the Depart-�
ment of, Community
Development, Allen
Municipal Annex, at
727.9171 or 424.7518
(metro).
Marty Hendrix,
City Secretary
(To be published in the
Allen American on Satur-
day, October 19, 1985.)
l_S/
,^ 15 C(,' ►1-e-6�
A C
ORDINANCE 658-11-85
EXHIBIT "A"
S
Set I R.
_ r�— ----
0
0
u,
ko
z•
EX1i? BI /
F M-Hlel--Y.--N0-21 Q---`�
N88'3�575" 1`10_7 11
's VaiteL ane l/7
`'pt I R S46056'08't
,1,-7°55'54' 66.99'
t?= 730.72
x L=101.l6' o�()Iy
i--- ,. ---- -- X --1
j Old F-pnce c, _3
AU
OA
Q,
0 rn
Q
G' f.a
16.1193 Acres
2661557 Sq. Ft.
C
--(-MAIN —51REETi-
Overhead Power Line
and Underground Tele.
Cable
Set 1 R.
POIrJT OF
BE611ANING,
i�
SCALE' 1-100'
,;'1RV!:'i PLM'
()rigi.nally Surveyed September 21, 1983
Checked and Recertified August 20, 1985
1'hl , is to certify that 1 have this day made a careful and aceurate survey of the following described property.
SI'IIIAI•IiU in the City of Allc•n, C01.11rr c)tinty, Texas, in the Uavid Wetsel Survey, Abstract :do. 977, and being n resurvey
of part of a called 30.26 Acrd't'ract of land described in two tracts in a dead from s7CNTRY 'f. .10'IrS, et tux, to "1111"170
V. (WIMY, et it, or, recorded in Vol. 58.5, Page 116, and Vot. 591, Page 151 of the Collin County heed Records, and a
part of a called 0.56 Acre-I•rnct In the name of Trene Cafney, said part being more part Ictilarly described as follows:
I1F',Cl'JN1;1G at a 60d nail set in the :;oath 1 1-110 )f I'. M. 111911Wly "lo. 2170 and the Ilest line of Jupiter Road;
1;3°06'45"14, 772.33 feet al)nP till, West I in(-, of said Jupiter Road to an Iron rod set tlrcretn;
Tllt:','('I; N1166 53' 1 5"W, 330.00 feet to an iron rod set,,
'flii:,wr '43"W4 i"r., 800.00 feet to a11 iron rod !;pt in the South line of said r. *i. highway `Jo. 2170, said point being
111 a c.rurve to the right having a central angle of 7°55'54" and a radius of 730.12 feet;
1'iIG:JCG Tong the South line of I .1. II {ghway No. 21 7 0 anti along sa id curve to the right a distance of 101.16 feet to
an true rod set sit the end of said curve-,
ilii{N(;l1- W28°36'15"l1-, 178.13 feet along the soutli line of said P. M. highway X10. 2170 to st wooden highway rtght-of-way
mr►rkur therein;
'rlll:;J(a? 546'56'04"r., 66.91) fel,t :clans; tics. sornti, line of ,aid r. M. Highway NO. 2170 to Lite place of beginning and
contnlning 6.1193 Acres or 206.557 Square feet of land.
'I'hts plat Is a true and correct represertatton of the property described hereon to Lite hest of my professional
knowledge and belief. 'there are no encroachments- or protrtisions.
�E OF jFa
C.P.�9
RUOERr W. CUMMINGS itohcrt W. (:u mminl;s, Registered Yuhl Ic'•5urvcyor, `{o. GOG(1
.... .........
q•. 4060
C. SU��o
CITY OF ALLEN
ORDINANCES & RESOLUTIONS
YEAR I q 91T—
.-Aft
ORDINANCE/RESOLUTION �pYX
'7 DRAWING(S) 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.