O-769-12-86ORDINANCE NO. 769-12-86
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, TO -WIT: "SC" SHOPPING CENTER,
ON APPROXIMATELY 2.583 ACRES OF LAND, MORE OR LESS, OUT OF
THE MICHAEL LEE SURVEY, ABSTRACT NO. 543, COLLIN COUNTY,
TEXAS, LOCATED APPROXIMATELY ONE MILE WEST OF U.S. 751
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 FOR AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION OF THE 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 Comprehensive Zoning Ordinance No. 366-10-81 should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance 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 to give the following -described tract of land the following
zoning classification, to -wit: That the area be and the same is hereby zoned as "SC"
Shopping Center:
See Exhibit "A" attached hereto and made a part hereof for all
purposes.
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provisions of this ordinance be, and the same are hereby, repealed and all other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.
Ordinance No. 769-12-86 - Page 1
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 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 the
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 offensive.
SECTION 5. That it appears that the above-described property requires that it
be given the above zoning classification 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 provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 18th DAY OF December , 1986.
APPROVED:
Donald P. Roden augh, Mayor
ATTEST:
Marty Hendrix, C 5, City Secretary
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 769-12-86 - Page 2
2.583 ACRE TRACT:
Situatgd in Collin County, Texas in the Michael Lee Survey
Abstract No. 543 and being a resurvey of the remainder of a
3.00 acre tract described in a deed from John W. Day et al to
County Judge Don Weaver Davis and his successors in office
and recorded in Volume 563 Page 308 of the Collin County Deed
Records and being more fully described as follows:
BEGINNING at a J" iron pin found in the Southeast corner of
the said tract. Said pin being an inner corner of a 431.673
acre tract described in a deed from Tomlin Properties Inc.
Trustee to Tom lin Properties Trustee recorded in Volume 1682
Page 110 of the Collin County Land Records.
THENCE North 89 deg 28 min 16 sec West,•along the South line
of the 3.00 acre tract and the North line of the 431.673 acre
tract a distance of 361.38 ft. to a i" iron pin found.
THENCE North 00 deg 46 min 37'sec East, along the West line
of the 3.00 acre tract and along a line of the 431.673 acre
tract a distance of 311.23 ft. to a J" iron pin set in the
South right of way line of F.M. Highway 2170.
THENCE South' 89 deg 32 min 02 sec East, along said right of way
a distance of 361.34 ft. to a }" iron pin found.
THENCE South 00 deg 46 min 12 sec West, along the East line
of t -he 3.00 acre tract and along a line of the 431.673 acre
tract a distance of 311.62 ft. to the place of beginning
containing 2.583 acres of land.
This is to certify that I have this date
survey of the property herein described
August 28,.1986
John 'V."Cantrell
Registered Public Surveyor
made an on the ground
an�'hereon platted.
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Job no: '3627-C543-8-86
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 - Request for permanent zoning of "SC" Shopping
CPntPr as rpquPsted by Collin County.
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
October 19, 1986
and which was issued on October 19, 1986 ,by The City of Allen
of Collin County, Texas. A printed copy of said publication is attached AretqL. e%
SUBSCRIBED AND SWORN to before me this 10th day of Nov . , A.D. 19 86
Notary Public and for Collin County, Texas
Publisher's Fee $ 10.80 '
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the `Allen C
Council will conduct a public hearing
their regular meeting to be held on Thu
da%November 6,^ 1986, irl thq�
is
Cott'. - �, §1
Thi equest for permanent zoning is on'
2.583 acres of land out of the Michael Lee
Survey, Abstract No. 543, located south of
F.M. 2170 and west of U.S. 75.
Anyone wishing to speak^either for or,
against this request for permanent zoning
is invited to attend this public hearing and'
voice their opinion.
For further information; contact the
Community Development Department,
City of Allen, at 727-9171 or 424-75181
(metro).
Marry Hendrix, CMC, City Secretary
(To be published in The Allen American on
Sunday, October 19, 1986)