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HomeMy WebLinkAboutO-701-5-86ORDINANCE NO. 701-5-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN AS HERETOFORE AMENDED SO AS TO ATTACH A SPECIFIC USE PERMIT WITH CONDITIONS FOR A PRIVATE STABLE IN AN R-2 DISTRICT KNOWN AS THE DON JONES ADDITION, WITH SITE PLAN APPROVAL, RESTRICTING THE 9 ACRE TRACT IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, SAID TRACT BEING PART OF A 10 ACRE TRACT OF LAND CONVEYED TO ROBERT E. LOWMAN, ET UX, FROM GENTRY J. JONES, ET AL, DATED JANUARY 11, 1964; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. 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, 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 the Comprehensive Zoning Ordinance No. 366-10-81 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. 366-10-81 of the City of Allen, Texas, as heretofore amended 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: Ordinance No. 7 n j_ 5_ g h- Pagel i That the area be and the same is hereby approved for zoning purposes, a specific use permit for a private stable. Area to be officially delineated on the Official Zoning Map as "S" R-2, and such area to be limited and confined to an area described on the attached site plan. Such area shall be restricted to a maximum number of three (3) horses, and the specific use permit will expire with the vacancy of the premises by the Don Jones family, either by sale or change of occupants. Said area is further described as 9.0718 acres of land known as the Don Jones Addition to the City of Allen, being situated in the William Perrin Survey, Abstract No. 708, said tract being part of a 10 acre tract of land conveyed to Robert E. Lowman, et ux, from Gentry T. Jones, et al, dated January 11, 1964. 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 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 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 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 5. That it appears 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. Ordinance No. 701-5-86 _ page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 15th DAY OF May 1986. APPROVED: Donald P. Rodenbaugh, Mayor ATTEST: 1� Marty Hendrix, Cit Secretary APP VED AS TO FORM: er, City Attorney Ordinance No. 701-5-86 - Page 3 PLANNING & ZONING COMMISSION AUGUST 12, 1993 Jones Addition Specific Use Permit Chairman Garcia read the agenda item into the record as follows: PAGE 3 (Agenda Item V) "Review Specific Use Permit for Jones Addition (Ordinance No. 701-5-86), issued May 15, 1986, approved with a provision for review at the time of vacancy of the premises by the Jones family, either by sale or change of occupants." Mr. Tom Keener stated that staff has received a request from a prospective purchaser of the subject property to determine whether the specific use permit ( SUP) remains valid. Two specifications were placed on the original SUP as follows: 1) limitation of horses to three; 2) the SUP would be reviewed at such time as the Jones family vacates or sells the property. The question before the Commission is whether or not to continue the SUP. Mr. Petty recommended that the issue could be reconsidered at such time as the property is subdivided. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to continue the SUP for the Jones Addition. Other Business Mr. Petty advised the Commission that the Development Subcommittee has consid- ered the question of screening and entry walls, and the City Council has directed the following policy: screening walls and entry walls to subdivisions should be approved to the City standards (to be developed), and allowed in public right-of- way and the City will accept maintenance. If property owners desire fences or living screens on private property, that is allowed. The Council stated that they desire masonry walls and not living screens. The design standards should be completed within two more meetings. Mr. Petty added regarding the issue of street lighting that staff has obtained information from TU Electric and have discussed the information with the Devel- opment Subcommittee. The Commission further discussed the issue of street lighting and the consensus was that Commissioners Kelley and Fulk would discuss the issue further with the Development Subcommittee. The Commission discussed the need for the construction of the bridge on Chapar- ral with the development of Brookside. ��•_ ��.._�. �-�.,. �. ,... �.�....� �...��..r .>._......�.....�._ _-�...�....,.-J.. ter._. __ _.,��. __`_. _ __ x . ..... ,�._ � ; .. .�� -- ' -- �,�......,,�..�-� _ -- --, _�., _.._ ,.__ .'. --- - - I � � `s. AFFIDAVITrAND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Cha le 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 - Don Jones of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on April 23, 1986 and which was issued on 4-23-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is tached erIt. SUBSCRIBED AND SWORN to before me this 19th day of May , A.D. 19 86 Publisher's Fee $ 15.60 k91%a , ON fit. ko NOTICE OF PUBLIC HEARING Notice is hereby biven that the Allen City Coun- cil will conduct a public hearing atitheir regular meeting to be held on Thursday, May 15, 1986, at 7:30 p.m., in the Coun- cil Chambers of the Allen Municipal Annex, One Butler Circle, Alleri, Texas, to consider a re- quest for a specific use permit fora private stable and accessory building for incidental storage for residential use in an R-2 zoning district, and request for site plan approval, as re- quested by property owner, Don G. Jones. This request for a specific use permit for a private stable and ac- cessory building for in- cidential storage for residential use in an R-2 zoning district and for site plan approval is on 9.07.18 acres of land out of fhe William Perrin 'Survey, Abstract No. 708, !also known as the Don Jones Addition, located east of State Highway 5 and north of the First United Methodist Anyone wishing to speak either FOR or'. AGAINST this request is invited to attend this public hearing and voice! their opinion. If further information; is needed, call the Department of Com' munity Development, Ci- ty of Allen, at 727-9171 or 424-7518 (metro). Marty Hendrix City Secretary (Published in the Allen American on Wednes• Lay, April 23,1986.) k ,3N Notary Publi and for Collin County, Texas r L66,-4 OV D I L TENT TO ORDINANCE NO. 36, adopted May 15, 1986 ON SONE, '® SPEC.-.t'lU Ubh ezlr Fi.Ll &uyL 0-"" v nPPROVAE The City Council approved the specific use permit and site plan in accordance with the Planning and. Zoning Commission recommendation of the maximum number of l ihorses in this request being three and that the specific (ii t use permit would require review to determine expiration " or continuance upon the vacancy of the premises either by sale or change of occupancy. r-011 L ��v ic—= CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR l -1 D w ORDINANCE/RESOLUTION 701 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.