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O-839-3-88ORDINANCE NO. 839-3-88 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: TRACT CONTAINING 18.0 GROSS ACRES TO GARDEN OFFICE -3, TRACT CONTAINING 42.0 GROSS ACRES TO INDUSTRIAL TECHNOLOGY, ON THE FOLLOWING DESCRIBED TRACT OF LAND: 60.003 ACRES OF LAND SITUATED IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 701, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE MAP; PROVIDING FOR AN ESCROW OF FUNDS FOR EXPANDED INTERSECTION IMPROVEMENTS AT WATTERS AND STACY ROADS AND WATTERS ROAD AND RIDGEVIEW DRIVE PRIOR TO CONSTRUCTION OF THE ROADWAY; 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 AN EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City 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. 829-11-87, as previously amended, should be amended; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on 60 acres of land described in Exhibit "A" attached hereto and made a part hereof for all purposes to give said tract of land the following zoning classification, to -wit: Ordinance No. 839-3-88 - Page 1 Tract 18.0 gross acres - Garden Office -3 "GO -3" Tract 42.0 gross acres - Industrial Technology "IT" SECTION 2. That the land use map approved as a portion of 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 prior to construction of Watters Road or the platting of the property, whichever occurs first, funds shall be escrowed with the City of Allen in the amount of 7.04 percent, and 10.05 percent of the estimated construction costs for future expanded improvements to the entire intersections at Stacy and Watters Roads and Ridgeview Drive and Watters Road, respectively, approved and described in Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 4. 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, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved in the Comprehensive Zoning Ordinance. SECTION 6. 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. 829-11-87 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 offense. SECTION 7. 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 Ordinance No. 839-3-88 - Page 2 the affected parts would be held unconstitutional. SECTION 8. ' 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 3rd DAY OF MARCH 1988. APPROVED: Jo Farmer, Mayor ATTEST: Marty Hendrix, CAT, City Secretary APPR AS TO FORM: wder. City Attorney Ordinance No. 839-3-88 - Page 3 L N 7 m C T m ».; Oro' »r, Elizabeth B. Roberts •» »•�, ,w 1 ` � I `♦ i 1 j ( I GO';'3 \\\ IT ; GARDEN OFMCE -3 INDUSTI I RIAL TECHNdLOGY __ a I\I\ \ I o i\\\ 18.0 Gross Acrea\ 4,2.0 Gross Acrei i ¢ \ i 40.5 Net Acre# I t) I I I \ I I � 1 \ I I \ I I i I I \ I ------' � I \ 1 - r/ \ I Oa I IT ` Elizabeth Bush Sandison ao II CITY OF ALLEN, TEXAS S.R.E. LTD, TRACT ZONING REQUEST 1 I 1 I I I I I 1 1 U v N Ai Tinter/urban Ltd. O t1i > H Z F3 00 LJ J.T. DUdKIN & ASSOCIATES, INC. MOMPLANN.,D LAND.CAVE,MG..EC.U11E 0 100 200 300 r7mmorml 19 SCALE IN FEET AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, 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 li-aluently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve month, prior to publishing Public Hearing - Zoning of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on February 10, 1988 and which was issued onoFebruary 10, 1988 All/n/ of Collin County, Texas. A printed 'c60y,rof said publication is att< • ed h et . SUBSCRIBED AND SWORN to before me_this 18 day of March AD Ick Publisher's fee S s Notary Public in and for Collin County, Tq Gar- ,,� -2121/O PUBLIC HEARING NOTICE Notice is hereby give that the Allen City, ouncil will conduct a public hearing at ieir regular meeting to be held on ThurO ay, March 3, 1988, at 7:30 p.m., in the, :ouncil Chambers of the Allen Municipal ,nnex, One Butler Circle, Allen, Texas, to onsider a request to permanently zone 0.0033 acres of land from "A -O" Agricul i iral -'Open Space to "GO -3" Garden Mice and "IT' Industrial Technology, as -quested by S.R.E. Limited. This request for permanent zoning is on 0.0033 acares of land out of the Francis tosser Survey, Abstract No. 280, and the ieorge Phillips Survey, Abstract No. 7011 :ollin County, Texas, located west of U.S! 5 and approximately one-half mile north f Stacy Road and west of County Road 96. Anyone wishing to speak either FOR or kGAINST this request is invited to attend its public hearing and voice their opinion! For further information, contact the )epartment of Community Development! 'ity of Allen, at 727-9171 or (metro) ,24-7518. ' 1 Marty Hendrix, CMC City Secretary, TO BE PUBLISHED IN THE ALLEN \MERICAN ON WEDNESDAY, FEBRU-' \RY_10„1988) -- i AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NNE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, 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 frequently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve nwnths prior to publishing Public Notice - Ord. # 839-3-88 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on March 9. 1988 of Collin County, Texas. A printed copy of said publicatj SUBSCRIBED AND SWORN to -before me this 1 -9th Publisher's fee S 56,80 en is at day of Aril , A.D. 19 88 Notary Pubin and for Collin County, Texas i l Evelyn E. Currie Commission Expires 2/25/89 CITY OF ALLEN PUBLIC NOTICE.— Notice is hereby given that the following rdinances were adopted by the Allen City ouncil in their regular meeting held on hursday, March 3, 1988 (Titles and enalty Clauses only): Ordinance No. 839-3-88: An Ordinance f the City of Allen, Collin County, Texas, mending Comprehensive Zoning Ordi- ance No. 829-11-87 of the City of Allen, s Heretofore Amended, so as to Establish ermanent Zoning, To -Wit: Tract Contain - g 18.0 Gross Acres to Garden Office - 3, ract Containing 42.0 Gross Acres to idustrial Technology, on the Following escribed Tract of Land: 60 003 Acres of and Situated in the Francis Dosser urvey, Abstract No. 701, Collin County, exas; Providing for a Land Use Map; toviding for an Escrow of Funds for xpanded Intersection Improvements at tatters and Stacy Roads and Watters oad and Ridgeview Drive Prior to onstruction of the Roadway; Providing for Penalty of Fine Not to Exceed the Sum of ine Thousand Dollars ($1,000.00) for ach Offense; Providing for a Severability lause; and Providing for an Effective Date f Said Ordinance. That any person, firm, or corporation olating any of the provisions or terms of its Ordinance shall be subject to the same enalty as provided for in Comprehensive oning Ordinance No. 829-11-87 of the ity of Allen, as heretofore amended, and pon conviction shall be punished by a fine of to exceed the sum of One Thousand lollars ($1,000.00) for each offense. Ordinance No. 841-3-88: An Ordinance I the City of Allen, Collin County, Texas, bandoning a Portion of a Sanitary Sewer asement Located on a Tract of Land ituated in the R.C. Whisenant Survey, ,bstract No. 1012, and Further Being a orhon of a 20' Utility Easement to the City f Allen, as Recorded in Volume 1730 a1 'age 839 of the Collin County Deed lecords, Texas; Providing for Exhibits "A' nd "B"; Providing for a Severability ;Iause; and Providing for an Effective late.' Copies 'of these ordinances may e read or purchased in the Office of the= ;ity Secretary, City of Allen, One Butle ;ircle, Allen, Texas. Marty Hendrix, City Sec TO BE PUBLISHED IN THE ALLE \MERICAN ON WEDNESDAY; MARC 1.1988 AND SUNDAY. MARCH 13, 1981 CITY OF ALLEN PUBLIC NOTICE I Notice is hereby given that the following ordinances were adopted by the Allen City ,Council in their regular meeting held ons Thursday, March 3, 1988 (Titles andl Penalty Clauses only): Ordinance No. 839-3-88: An Ordinance of the City, of Allen, Collin County, Texas )Amending Comprehensive Zoning Ordi- nance No. 829-11-87 of the City of Allen, As Heretofore Amended, so as to Establish' �Permanent Zoning, To -Wit: Tract Contain 1 ing 18.0 Gross Acres to Garden Office - 3,, Tract Containing 42.0 Gross Acres to Industrial. Technology, on the Following{ Described Tract of Land: 60.003 Acres of Land Situated in the Francis Dosser✓ Survey, Abstract No. 701, Collin County (Texas; Providing for a Land Use Map; Providing for an Escrow of Funds for, Expanded Intersection Improvements at Watters and Stacy Roads and Watters' Road and Ridgeview Drive Prior to Construction of the Roadway; 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 an Effective Date of Said Ordinance. That any person, firm, or corporation violating any of the provisions or terms ofi (this Ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 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 offense. ' Ordinance No. 841-3-88: An Ordinance of the City of Allen, Collin County, Texas Abandoning a Portion of a Sanitary Sewer, Easement Located on a Tract of Land (Situated in the R.C. Whisenant Survey (Abstract No. 1012, and Further Being ai `Portion of a 20' Utility Easement to the City, of Allen, as Recorded in Volume 1730 at. �and Page 839 of the Collin County Deec Records, Texas; Providing for Exhibits "A' "B"; Providing for a Severability 0 lause; and Providing for an Effective Date. Copies of these ordinances may be,read or purchased in the -Office of the City Secretary, City of Allen, One Butler, Circle, Allen, Texas. i Marty Hendrix, CMC' City Secretary; '(TO BE PUBLISHED, IN •THE ALLEN FAMERICAN ON WEDNESDAY, MARCH 9,1988 AND SUNDAY :MARCH 13,,1988i1