Loading...
HomeMy WebLinkAboutO-442-6-83I • 7 ORDINANCE NO. 442-6-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING 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) CLASSIFICATION TO PD (PLANNED DEVELOPMENT) NO. 9, SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: BEING A 10 ACRE TRACT OF LAND SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND BEING A PART OF A 98.104 ACRE TRACT OF LAND IN COLLIN COUNTY, TEXAS; PROVIDING FOR USE REGULATIONS; PROVIDING FOR A SITE PLAN; PROVIDING SPECIAL UTILITY ALLOWANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE FOR SAID ORDINANCE. WHEREAS, the City 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 of 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 10 acre tract of land described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from AO (Agricultural Open Space) to PD (Planned Development) No. 9. SECTION 2. That the Use Regulations described as Exhibit "B" and attached hereto and made a part hereof for all purposes shall be the governing regulations for PD (Planned Development) No. 9. SECTION 3. That the special utility allowances recognized in Exhibit "B" shall be the governing regulations for utilities in PD (Planned Development) No. 9. SECTION 4. That the Site Plan approved and described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be Q - adhered to in its entirity for the purposes of development of PD (Planned Development) No. 9. SECTION 5. 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 6. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachment of Exhibits "B" and "C". ORDINANCE NO. 442-6-83 PAGE 2 SECTION 7. 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 Two Hundred Dollars ($200.00) for each offense. r SECTION 8. That is hereby declared to be the intention of the City Council that the sections, paragraphs, 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 judgement 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 9. That this ordinance shall take affect 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 16th DAY OF June , 1983. APPROVED: A /� . Pierson, Mayor U ATTEST: Marty Hendrix, C' y Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney M 00 N d' w U z AH fsi 0 0 H H z w H H FIELD NOTES TRACT "A" BEING a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026, and being a part of a 98.104 Acre Tract of land in Collin County, Texas, and being more particularly described as follows: BEGINNING at a point on the Westerly line of State Highway No. 5,'a 100' R.O.W., said point being S. 23029'W., a distance of 1017.51 feet from the North- east corner of said 98.104 Acre Tract, an iron stake for corner; x THENCE, S. 23°29'W., along said State Highway No. 5 Westerly line, a dis- tance of 505.00 feet to an iron stake for corner; THENCE, N. 89039130"W., a distance of 720.00 feet to an iron stake for corner; THENCE, N. 00`20'30"E., a distance of 530.00 feet to an iron stake for corner; THENCE, S. 89°39'30"E., a distance of 764.90 feet to an iron stake for corner; THENCE, S. 66°31'E., a distance of 167.00 feet to the Place of Beginning and containing 10.00 Acres of Land. SURVEYOR'S CERTIFICATE I hereby certify that the plat shown hereon accurately represents the results of an on the ground survey made under my direction and supervision.- All corners located are as shown. There are no encroachments, conflicts, protrusions, or easements apparent on the ground, except as shown. oger Bridges, egistere Public Surveyor No. 2707 ATTACHMENT TO v.DINANCE # 442-6-83 PMD the office of PAUL M. DEELEY architect ala "EXHIBIT B" April 18, 1983 City of Allen, Texas The Planning and Zoning Commission No. 1 Butler Circle Allen, Texas 75002 Gentlemen: The documents for rezoning Tract A of the property owned by the Catholic Diocese of Dallas, Texas are attached as Follows: - Zoning Application - Legal Despscription and map of the ten acre tract - Vicinity map of Diocese's property showing the the ten acre tract - Site Plan for the development of the ten acre tract for St. Jude Catholic Mission. The new zoning will change approximately 1.65 acres of SC to CF/P0, approximately 2.63 acres of MFI- to CF/PO and approximately 5.71 acres of R5 to CF/PO for a total of ten acres to CF/PD. This Community Facilities/Planned Development District shall provide for religious, recreational and related institutional used intended to serve the welfare of the community. USE REGULATIONS It is understood that the building or premise shall be used only for the following: A. Church and related religious institutions for worship and religious education. B. Recreation Facilities C. Rectory or similar housing associated with church D. Incidental utility buildings and structures. E. Accessory buildings and uses customarily incident to any of the above 911 university drive fort worth taxes 76107 N 817 335 2238 • ATTACHMENT TO ORDINANCE # 442-6-83 PAGE 2 CITY OF ALLEN P 6 Z Commission page two "EXHIBIT B" 4/18/83 Use Regulations (Continued) F. Such uses as may be permitted under the provisions of Section 2.06 Specific Use Permits. HEIGHT REGULATIONS The height limits of the contiguous district which is the most permissive shall govern, except that such limits may be exceeded as granted by the City Council as a part of the Site Plan approval. AREA REGULATIONS The yard requirements of each adjoining zoning district shall govern along any such common boundary. The lot coverage and floor area ratio regulations of the contiguous district which is the most permissive shall govern, except that such limits may be exceeded as granted by the City Council as part of the Site Plan approval. SPECIAL UTILITY ALLOWANCES A. At the time of development of any phase of this tract, the required on-site utilities will be installed according to the City of Allen specifications and requirements. S. In realization that this property has been legally annexed to the city in access to the three (3) years requiring extension of utilities to the site, development shall be allowed to commence without the required water mains and fire flow usually required for this type of development, and upon extension by the city or adjacent development of such utility mains to the site, the on-site utilities will be tied into the system as required. C. This development shall be allowed to commence and operate during an ihterim period of time on a septic tank system until public sewer is extended to the property line, at which time proper tie-ins will be made to the -city sewage system and the septic tank system shall be removed. ` t ATTACHMENT TO ORDINANCE # 442-6-83 CITY OF ALLEN P 6 Z Commission page three "EXHIBIT B" 4/18/83 PAGE 3 O. Owners of this property shall hold the City of All harmless for requiring adequate for fire protection until such time as the on-site utilities are connected to the city's mains and the required fire Flow is in place. Respectfully submitted, Paul M. Dooley, chitect for ST. JUDE CATHOLIC MISSION Allen, Texas PMD:lbd cc: St. Jude Catholic Mission AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS, COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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 a i°.D /'A / " 0- If 4 ;?_ - (0 - 8"3 - iof which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on .�..� a N and which was issued on`-,' L—K-423 �3 , by of Collin County, Texas. A -printed copy of said publication is attache h reto. SUBSCRIBED AND SWORN to before me this 1*� _- Publisher's Fee $ CITY OF ALLEN PUBLIC NOTICE The . following or finance was'adopted by the'AIIen;City Council in a regular session held on Thursday, -June 16, 1983 Title and Penalty Clause .Ordinance's :';;'No. 142 -6 -83 -'-'An Ordinance )f the City'of,Allen, Col% in County jexasfAmen ling Comprehensive _oning') Ordinance Nd 166.10-81, {as Previousl)1 lrhended,;,',so as, td ,hange;�the,, Following )escribed,.Tract of Land roma AO;t (Agriculturali )pen,`Space) Classifica j ionto,PD (Planned ievelopment) No. 9, Said racy`of Land Being iescribed as Follows: Being -a,10 Acre Tract of and 'Situated in the IenryaWetsel Survey; lAbstract,No. 1026, and Being a,Part of a 98 104 Acre Tract of Land in Collin County, Texas; Providing"for Use Regulations; Providing for a Site Plan; Providing Special( Utility ,Allowances;,, Providing for a Penalty.of Fine Not to 'Exceed the Sum of Two Hundred Dollars ($200.00) for 'Each Of-' zfense; Providing al (Severability,Clause; and Providing for the;Effec tive-Date for Siid'-Or-I dinance. - , That any person, fitm, or corporation violating" any of the,provisions or terms-of'this ordinarice shall -be subject to'the same penalty as provid- ed for in Comprehensive Zoning Ordinance No. 366-10.81, as previously ramended, and upon con- viction shall be;punished °by a fine not io exceed ,the sum of Two Hundred Dollars ($200.00) for each offense. It Copies of this or- 4dinance may be read or ipurchased'in -the office ,,1of.. the • City` Secretary, lAIIen,Municipal Annex, 1 Butletg;Ciicle;�,• Allen, Texas.;)�Arv-,,. :;=i Marty Hendrix, ff: s;City Secretary (Published in ,The Allen American ow.- Monday, June 20, 1983 and Thurs.' I day, June_23, 1983). Y OF ALLEN BLICIC NOTICE thl following or dinance was adopted by�` the Allen City Council in a regular session held on Thursday, June 16,-1983 (Title and Penalty Clause only.) Ordinance No. 442.6.83: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding Comprehensive Zoning,, Ordin No. ;366.10.81,-as�Pae iously Amentled; "soy JsAto Change the Following Described Tract of Land from AO, (Agricultural Open Space) Classifica- tion to PD (Planned Development) No. 9, Said Tract of Land Being Described _as Follows;, Being a'10 -,as of Land Situated ' in the, Henry Wetsel Survey Abstract No. 1026, and. Beinga,Part of;a-98.104, Acre ',Tract of ,Land In' Collin County,+ Teza -1 Providin�for:i `Use' Regulations; Providing for a Site Plan; Providing Special Utility Allowances; Providing for a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00) for Each Of- fense; Providing a Severability Clause; and Providing for the Effec- tive Date for 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 Comprehensive Zoning Ordinance No: 366.10-81, as previously amended, and upon con- viction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. Copies of this or-. dinance may be read or purchased in the office of the City Secretary, Allen Municipal Anhex, 1 Butler Circle, ; Allen; Texas. �a Marty Hendriz,t' City Secretary (Published In :ThiijAllen American on'"-' Monday; June 20, 1983 and -Thurs- day. June 23._19831 , A.D. 19Z-5 . for Collin County, r� ,F4V AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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 ,` 11Jq - Zo N/ /V4 Q of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on `a, /qS)3 and which was issued on a�° r 3 by of Collin County, Texas. A printed copy of said publication is SUBSCRIBED AND SWORN to before me this I�_A Publisher's Fee $ n NOTICE OF, ' 'PUBLIC HEARING Notice is -Hereby given that the Allen City Coun- cil will conduct a public hearing; at their regular meeting to be held at 7:30 p.m. on Thursday, June 16, 1983, in the Council Chambers of the Allen Municipal Annex, 1 Butler Circle,,to consider Notary Pub a zoning change request and site plan approval as requested by St. Jude Catholic Mission. The proposed zoning change and site plan ap- proval are on ten (10) acres of land situated in the Henry Wetsel Survey, Abstract No. 1026, and being a part of a 98.104 acre,tract of land in Col- lin , County, Texas, fur- ther described as being 11/2 miles north of F.M. 2170 on State Highway 5 and being on the west side of State Highway'5. The proposed zoning change will be to change approximately 1.65 acres of land presently zoned SC (Shopping Center), approximately 2.63 acres of land presently zoned MF -1 (Multi -family), and approximately 5.71,acres of land presently 'zoned R-5 (Residential) to CF - PD (Community Facilities '- Planned Development). Anyone' wishing to speak either FOR or AGAINST this request is - invited to attend this publiahe&ing and voice their opinion. ,,If further information is needed, call the Allen Municipal Anriex,- Departmeht of Com- munity Development, at .727.9171 or 424.7518 '(metro) and refer to Zon- ing Case No. Z4-19.83.18. Marty Hendrix, City Secretary (Published in The Allen American 'on Thursday, and for Collin County, 100 (co i5 wo r; r r ,yt rYc 1 'i. N" wo Pu MAYW" 11, ALLEN CITY Cu NICIL ' J F _ � 4 d; �I 1 r Pu MAYW" 11, ALLEN CITY Cu NICIL ' J F _ � 4 d; CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR ' `'1 S 3 ORDINANCE/RESOLUTION qyy 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.