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O-1266-7-94ORDINANCE NO. 1266-7-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND AMENDING ORDINANCE NOS. 523-&84 AND 1170-5-93 TO INCLUDE THE ATTACHMENT OF EXHIBIT 'D," AMENDED LAND USE PLAN, FOR DEVELOPMENT OF 152.8 ACRES OF LAND OUT OF THE JAMES W. PARSONS SURVEY, ABSTRACT NO. 704, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY DEI NFATED ON THE OFFICIAL ZONING MAP AS PLANNED DEVELAPMENT NO. 52 (PD NO. 52); PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABH= CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF WHEREAS, the Planning and Zoning Commission 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, WHEREAS, EREAS, the Planning and Zoning Commission and the governing body of the City of Allen have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance Nos. 523-6-84 and 1170-5-93 should be amended to include the attachment of Exhibit 'D," amended Land Use Plan, for development of 152.8 acres of land out of the James W. Parsons Survey, Abstract No. 704, City of Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Planned Development No. 52 (PD No. 52). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance Nos. 523-6-84 and 1170-5-93 are hereby amended to include the attachment of Exhibit 'D," amended Land Use Plan, for development of 152.8 acres of land out of the James W. Parsons Survey, Abstract No. 704, City of Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Planned Development No. 52 (PD No. 52). SECTION 2: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 3: The above-described tract of land shall be used in the manner and for the purposes provided for by Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and as amended herein by the approval of the attachment of Exhibit "D." SECTION 4: 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 and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 5: 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. 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 7 TH DAY OF JULY , 1994. APPROVED: _ QP Farmer, MAYOR APPROVED AS TO FORM: A. Don Crowder, CITY ATTORNEY --W y —P -LA,._. / L. i i . ' Ordinance No. 1266-7-94 Page 2 LARGE DRAWINGS FOR THIS ORDINANCEI RESOLUTION NO. 12(,G- -m CAN !BE FOUND ON CITY OF ALLEN 35MM ROLL NUMBERED 5. rpt 4 - i- I?f/ N7�� CITY OF ALLEN CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thursday, July 7, 1994, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to amend Planned Development No. 52 (PD -52) by reshaping the existing districts of Multi -family, Shopping Center, and Single Family. The use and area regulations for the district will remain unchanged. This request is on property described as 152.8 acres situated in Collin County, Texas, in the James W. Parsons Survey, Abstract No. 704; further described as being located at the northwest corner of Alma Drive and W. McDermott Drive. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the Department of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. Sec ry (TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, JUNE 8, 1994) ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager 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 continously for more than twelve (12) months prior to publishing Ordinance #1266-7-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wed. July 13 & Sat. July 16 , 1994 and which was issued on July 13 , 1994 by City -of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. (z,1"k;,LLmr SUBSCRIBED AND SWORN to before me this ? day of V. A. TODD My COMMISSION EXPIRI December 5, 1996 - a4fX—A. D 19 9 � CITY OF ALLEN PUBLIC NOTICE ''"''• iNotice is hereby given that the Allen Clty, Council adopted the following ordinance gt: their regular meeting held on Thursday;., July 7, 1994 (Title and Penalty Clau�ter only): Ordinance No. 1266-7-94: An Ordinance'!, of the City of Allen, Collin County, Texas,, Amending Comprehensive Zoning Qrdi7: Hance No. 829-11-87, as Previously Amended, and Amending Ordinance -No- ' 523-6-84 to Amend Planned Developnitn't=, No. 52 (PD No. 52) Ordinance tVo.El 1170-5-93 by Amending the Land.Use-� � Plan on the Following -Described Tracs qf;t Land: 152.8 Acres of Land in Abstract fJo:'qq 704 of the James W. Parsons Survey, City1 of Allen, Collin County, Texas; Providing' for a Land Use Plan; and Providing for, p, � Penalty of Fine not'to Exceed the Sum,of '� Two Thousand Dollars ($2,000.00)`fol1"1 Each Offense; Providing for a Severability Clause; and Providing for the Effective � Date of Said Ordinance. That any person, firm or corporation violat-,; ing any of the provisions or terms of this. ordinance shall be subject to the same" lpenalty as provided for in Comprehensive! Zoning Ordinance No. 829-11-87 of the :7 City of Allen as heretofore amended, and' upon conviction shall be punished by a fine: not to exceed the sum of Two Thousa� + Dollars ($2,000.00) for each offense. �A copy of this ordinance may be read;or (purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, s Texa 75002-2773. P/s/ Judy Morrison ' City. Secretary _ _ _.-- PUBLIC in and for COLLIN COUNTY, TEXAS Y Publisher's fee $ 4 2 . 7 6 .+ rUbLik, NU i wt , - Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, July 7, 1994 (Title and Penalty Clause only): Ordinance No. 1266-7-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, and Amending Ordinance No. 523-6-84 to Amend Planned Development No. 52 (PD No. 52) Ordinance No. 1170-5-93 by Amending the Land Use Plan on the Following -Described Tract of Land: 152.8 Acres of Land in Abstract No. 704 of the James W. Parsons Survey, City of Allen, Collin County, Texas; Providing, for a Land Use Plan; and Providing for ail Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any pei son, firm or corporation violat- ing any of the provisions or terms of -this ordinance shall be subject to the same penalty as provided for in Comprehensive I Zoning Ordinance No. 829-11-87 of • the I City of Allen as heretofore amended;,and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense:.4V' A copy of this ordinance may be read or, purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas 75002-2773. /s/ Judy Morrison City Secretary t