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HomeMy WebLinkAboutO-758-11-86ORDINANCE NO. 758-11-86 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 RAO" (AGRICULTURAL -OPEN SPACE) CLASSIFICATION TO PERMANENT ZONING OF "R-5" (RESIDENTIAL), SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 34.2 ACRES OF LAND LYING IN THE J. T. ROBERTS SURVEY, ABSTRACT NO. 777, AND THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS; 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 THE 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 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, 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. 366-10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on 34.2 acres of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from "AO" (Agricultural -Open Space) to permanent zoning of "R-5" (Residential). SECTION 2. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. Ordinance No. 758-11-86 - Page 1 SECTION 3. That the property described in Exhibit "A" attached hereto 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 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 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. 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 6th DAY OF November 1986. APPROVED: n �n.M MP�^Apnh�.,jqh ATTEST: Marty Hendrix, CMC City Secretary APPROVED AS TO FORM: torney Ordinance No. 758-11-86 - Page 2 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 from IIAO'I to IIRSII, as requested by'Morris Homes and Wilmur Properties. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 22, 1986 and which was issued on of Collin County, Texas October 22, 1986 by The City of Allen A printed copy of said publication is att hed et . SUBSCRIBED AND SWORN to before me this I n t h Publisher's Fee $ 14. 4 0 day of Nov. �Q ,A.D.1986 C� , Notary Publ in and for Collin County, Texas 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 Thurs- day, November 6, 1986, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Alleh, Texas, to consider a request for permanent zoning from "AO" Agricultural - Open Space to "R-5" Resi- dentjgl, as re ijaged by MggjjWmjjIlIIIIIIII is the ParR%ay, east of State Highway 5 and south of Stacy Road in Buckingham Polo Estates. Anyone wishing to speak either FOR or AGAINST this request for permanent zoning is invited to attend this public hear- ing and voice their opinion. For futher information, contact the Depart- ment of Community Development, City of Allen, at 727-9171 or 424-7518 (metro). Marty Hendrix, CMC, City Secretary I (To be published in The Allen American on Wednesday,_October 22, 1986) AFFIDAVIT AICD PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared ho 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 Public Notice - Ord. ## 758-11-86, 760-11-86, 761-11-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 12 and 16, 1986 and which was issued on November 12, 1986 by The City of Allen of Collin County, Texas. A printed copy of said publication is atobached her iz. SUBSCRIBED AND SWORN to before me this 8th day of December , A.D. 19 86 I Ce-L� 97 .20 Notary P lic in and for Collin County, Texas Publisher's Fee $ , PUBLIC NOTICE CITY OF ALLEN PUBLIC NOTICE N&caija hereb iv n that the following'Chapters 20, 21, 22, 23, 4, and 25 of the Noti is ereby given that the following Chapters 26 21 22, 23, 4, and 25 of the ordi nI were ed b the Allen City CABO One and Two Family Dwelling Codeiordin ere ado ed Allen City CABO One and Two Family Dwelling Code Co itfZ1Bj�r r ion held on of the Council of American Building Offi- COU in eir reg ss' held on of the Council of American Building ,Offi- Thu o (Titles and cials; Providing for a Severability Clause; Thu y, ovembe 198 les and cials; Providing for a Severability,ClausePen tyauses ly Providing a Penalty for Violation.of This Pen CI se�llry Providing a Penalty for Violationiof`.This O ice No. 58- -86: An Ordi- Ordinance; Providing fof the Publication of! Or an , No. 7 -/,Collin Ordi- Ordinance; Providing for the Publication of nance of the City of Allen, Collin County, the Caption Hereof; and Providing for anna of City of e nty, the Caption Hereof; and Providing.for an Texas, Amending Compreherisive Zoning Effective Date. Tex , Amending Co prehensive Zoning Effective Date. Ordinance' No. 366-10-81- as, Previously Any person, parties in interest, or co* -Ordinance No. 366-11)-81 as 'Previously Any person, parties in interest, of corpo- Amended, so as to Change the Following- ration who shall violate any of the provi- Amended, so as to Change the Following- ration who shall violate any of the , provi- Described Tract of Land from "AO" (Agri- sions of this ordinance or fail to comply`Described Tract of Land from "AO" (Agri- sions of this ordinance or fail td6rholy cultural-- Open Space) Classificatign to therewith or with any of the'requirementscultural — Operi Space) Classification to therewith or with any of the requirements Permanent Zoning of "R-5" (Residential), thereof shall be subject to prosecution, and Permanent Zoning of "R-5" (Residential), thereof shall be subject to prnsecuiion; and Said Tract of Land Being Described as upon conviction shall be punished by a fine Said Tract of Land Being. Described as upon conviction shall be punished by a fine Follows: Approximately 34.2 Acres of Land of not more than One Thousand Dollars Follows: Approximately 34.2 Acres of Land of, not more than One Thousand Dollars Lying in the J.T. Roberts Survey, Abstract ($1,000,00), and each day that'such viola- Lying in the J.T. Roberts Survey, Abstract ($1,000.00), and each day that such viola= No. 777, and the Henry Wetsel Survey, tion shall be permitted to exist or continue No. 777, and the Henry Wetsel Survey, tion shall be permitted to exist or continue Abstract No. 1026, Collin County, Texas; shall constitute a separate offense. In the Abstract No. 1026, Collin County, Texas; shall constitute a separate offense. ki'the Providing for a Penalty of Fine Not to event a corportion is the violator of any of Providing)for a Penalty • of Fine Not to ° event a corportion is the violator of any, of Exceed the Sum of One Thousand Dollars the provisions of this ordinance, each offic Exceed the Sum of One Thousand Dollars provisions of this ordinance, each offic- ($1,000.00) for Each Offense;, Providing,er, agent, and employee of such corpora -($1,000.00) for Each Offense; Providing. er, agent, and employee of such corpora - for a Severability Clause; and Providing for tion who is responsible for or contributes to for a Severability Clause; and Providing for; tion who is responsible for or contributes to the Effective Date of Said Ordinance. - such violation in any manner, shall be indi- the Effective Date of Said Ordinance. such violation in any manner shall be iiWi- That any person, firm or corporation vidually and severally liable for the penal-, That any, person, firm ,or- corporation vidually and severally liable for the penal - violating any of the provisions or terms of, ties herein prescribed. Where any person violating any of the provisions or terms of lies herein prescribed. Where any person this ordinance shall be subject to the same- is acting. solely as agent for the party in this ordinance shall be subject to the same is acting solely as agent for the party in penalty as provided for in Comprehensive, ownership, no penalties under this section penalty as provided for in Comprehensive ownership, no penalties under this section Zoning Ordinance No. 366-10-81 Of the, shall be assessed against such agent as Zoning Ordinance No. 366-10-81 Of the shall be assessed against such agent as City of Allen, as heretofore amended, and such. City of Allen, as heretofore amended, and, such. upon conviction shall be punished by a fine Copies of these ordinances maybe read upon conviction shall be punished by a fine Copies of these ordinances may be read not to exceed the sum of One Thousand or purchased in the office of the City not to exceed the sum of One Thousand or purchased in the office of the City Dollars ($1,000.00) for each offense. Secretary, City of Allen, One Butler Circle, Dollars ($1,000.00) for each offense. Secretary, City of Allen, One Butler Circle, Ordipance 'No. 760-11-86: An Ordi- Allen, Texas. j Ordinance No. 760-11-86: An'Ordi-. Allen, Texas. nance of the City of Allen, Collin County, _ nance of the City of Allen, Collin County Texas, Declaring the Necessity' for and , Marty Hendrix Texas, Declaring the Necessity for and Marty Hendrix Offering the Paving Improvements of a' City Secretary kering the Paving Improvements of .al r City Secretary' portion of Jupiter Road, Further Described portion of Jupiter Road, Further Described - as Being a Portion of Jupiter Road from (TO BE PUBLISHED IN THE ALLENas Being a Portion of Jupiter Road from' (TO" BE"PUBLISHED IN THE ALLEN F,M. 2170 to the Intersecting Point of the AMERICAN ON WEDNESDAY, NOVEM-F.M. 2170 to the Intersecting Point of the AMERICAN ON WEDNESDAY; NOVEM-1 lrnnrrRte Imnrevad_Road Saction.North of„BER 12, 1986 AND SUNDAY, NOVEM-Concrete Improved Road Section North of BER 12, 1986 AND SUNDAY, NOVEM-1 [[White Oak Drive, Said Portions Being BER 16, 1986.). ( __,],White Oak Drive, Said Portions, Being, 16, 1986.) Hereinafter Described and in the City of - _Hereinafter Described and in the City of Allen; Collin County, Texas; Approving the (Allen, Collin County, Texas; Approving the Plans and Specifications for Such Work; Plans and Specifications for Such Work; Authorizing the City Manager to Advertise �Authorizing the City Manager to Advertise for Bids; and Directing the Preparation of for Bids; and Directing the Preparation of Estimates Invoking the Procedure Provid- Estimates Invoking the Procedure Provid- ing by Article 1105(b) VCS; Determining 'ing by Article 1105(b) VCS; Determining That a Part of the Cost Shall Be Bome by That a Part of the Cost Shall Be Borne bye the Abutting Properties and the Owners ;the Abutting Properties and the Owners Thereof; Providing for the Assessment of a (Thereof; Providing for the Assessment of a Portion of the Cost to be Bome By Property Portion of the Cost to be Bome By Property, Owners; and For the Fixing of;a Lien to (Owners; and For the Fixing of a Lien to Secure Payment of Such. Assessments; Secure Payment of Such Assessments; Stating the Ti ramie-and"Man`nei Proposed for Stating the Time and Manner Proposed ford Payment of All Such Costs; Authorizing the Payment of All Such Costs; Authorizing the City Secretary to Cause • a Notice of the City Secretary to Cause a Notice of the. Adoption of This Ordinance to Be Filed in !Adoption of This Ordinance to Be Fled in' the Land Records of Collin County, Tezas; the Land Records of Collin County, Texas; and Pr.&idind for an Effective Date. `and Providing for an Effective Date. Ordinance -No. 761-11-86: An Ordi- !-Ordinance.,No:,761-1,1-86:,�Am.Ordi- nanoe of the City of Allen, Collin County, ante of'the City'of'Allen, Collin County Texas, Amending the City of Allen Code of Texas, Amending the City of Allen Code of dinances;�Chapter 4,."Buildings and Ordinances, Chapter,4;•„ Buildings and 'Iding Regulations", Article I, "In Gener- Building Regulations%,Article 1, 'In Genera n,4-3," Adopbori,of Building al", Section 4-3„'Adoption ot�Building, duig; ctipl412ifOrdi Codes'; and `Amending Section I of Ordi- ec4ion,ll of nance .No?48 by Amending Section'(( 01 tofore Ordinanae4146.Y,592-3-85, as Heretofore AR1Cry M hti naLaikvA.ayi F'= 0kwr"rvi I STAGY ROAD s � � (FUTURE) EXCHANGE r PARKWAY vi _ /McERMOTT DRIVE L.ocatioln Map Q) Q) CQ Vol: 21 12', Pg: 1/8 U . T . MAL ONE Vol: 350, Pg: 224 Legal Description BEING a tract of land situated in the J. . T. Roberts Survey, Abstract No. 777 and the Henry Wetsel Survey, Abstract No. 1026 of the City of Allen, Collin County, Texas, said tract being all of a 10.631 acre tract of land ct,)nv-eyed to Morris Homes, Inc. I ram Lawerence N. Wilkins, et ux as recorded t5�+ January 17, 1985 in Volume 2052, Fag'e 687 of the Deed Records of Collin .:a'.�ntYall of a 2,168 acre tract of land conveyed to Wilmore Properties � frim Thornes �,: Munselle et ux as recorded on September 12, 1984 in Volume 9 of the Deed Records of Collin County, all of a 2.133 acre Pagye 95 tract 'of land conveyed to Wilmor Properties from Rayman M. White, Jr., as recorded InVolume 2004 Page 942 of the Deed Records of Dallas County, all of a 5,474 acre tract of land conveyed to Wilmor Properties from Raymon M. White Sr., as recorded on October 29, 1984 in Volume 2004, Page 933 of the Deed Records of Collin County and all of a 2.153 acre tract of land ve ed t c.n y Morris Homes, Inc. from Lewis et ux as recorded on E. Ballew, D'cemler 18, 1984 in Volume 2034, Page 890 of the Deed Records of Collin County,, said tract also being all of Tracts 2, 3, 5, 19 through 23 and part of Tract,4 of Buckingham Polo Club Estates, an unrecorded plat prepared by Roy E. McDaniel, Jr., Registered Public Surveyor No. 437, and being more parti.cul.afly described as follows: ZONING EXHIBIT City of Allen, Texas Owned by; Morris Homes, Inc. Planning by: The Nelson Corporation Route ' Box 200 5999 Summerside Drive Celina, Texas 75009 [gallas, Texas 75252 i HABBIE HUNT, Inc Vol: 966, Pg: 462 1 , — — v tis ._r — . . — _ _ _ -F COMMENCING at a point on the easterly right—of—way line of State Highway 5 100 foot R.O.W.), said point being the most westerly northwest corner ofet 71,015 acre tract of land conveyed to David A. Wrtts from H. K. Shelton ux as recorded on June 5, 1963 in Volume 617, Page 508 of the Deed Records of Collin County; THENCE South 89 deg G9 min 00 sec East, 691.90 feet to the POINT OF BEGINNING; THENCE South 89, deg 49 min 00 sec East, 955.00 feet to a point for corner; CE South 00 deg 11 min 00 sec West, 541.62 feet to a point for corner; THEN - THENCE West, 587.06 feet to a point for corner; THENCE South, 526.35 feet to a point for corner; TUENCE West, 825.54 feet to a point for corner;a to Dint for corner; g THENCE North 00 deg 27 min 00 sec East, 696.85 feet p corner; 29 THENCE aloe a curve to the right, said curve having a central angle deg 12 min 36 sec, a radius of 191.88 feet and an arc length of 97.82 feet, said curve also having a chord bearing of South 74 deg 56 min 42 sec East, for a chard distance of 96.77 feet to the point of tangent; THENCE south 60 deg 20 min 24 sec East, 243.71 feet to the point, of curvature; THENCE along a curve to the lef t, said curve having a central angle of 29 deg 39 min 37 sec, a radius of 188.84 feet and zin arc length of 97.76 fees, said curve also having a chord bearing of South 75.deg 10 min 12_ sec East,? for a chord distance of 96,67 feet to the point of tangent; 53.45 feet to a point for corner THENCE fast, ' THENCE' North 00 deg 11 min 00 sec East, 544.68 feet to the POINT OF BEGINNING, and containing 22.6394 acres of band. BEING a tract of land situated in the J. T. Roberts Survey, Abstract No. 777 of the City of Allen, Collin County, Texas, said tract being all of a 1.912 acre tract of land conveyed to Wilmor Properties from James W. Barrett, et ux as recorded on September 18, 1984 in Volume 19791 Page 57 of the Deed Records of Collin County, all of a 2.18 acre tract of land conveyed to Morris Homes, Inc.. from Walter Arnold Kappus, et al as recorded on January 23, 1985 in Volume 2055, Page 363 of the Deed Records of Collin County, all of a 2.152 acre tract of land conveyed to Morris Homes, Inc. from John Kappus Enterprises, Inc. as recorded on January 10, 1985 in Volume 2048, Page 282 of the Deed Records of Collin County, all of a 2.363 acre tract of land conveyed to Wilmor Properties from Randall Norwood as recorded on September 12, 1984 in Volume 1975, Page 972 of the Deed Records of Collin County, and all of a 2.931 acre tract of land conveyed to Morris Homes Inc. from Mahmoud frayed Alkam as recorded on January 23, 1985 of the Deed Records of Collin County, said tract also being all of Tracts 13 through 16 and part of Tracts 10 and 11 of Buckingham Polo Club Estates, an unrecorded plat prepared by Roy E. McDaniel, Jr., Registered Public Surveyor No. 437, and being more particularly described as follows; DABNEY-BOWEN J/V IV Vol: 1612, Pg: 641 N 90400'P0"W 243.09 BEGINNING at the northeast corner of a 71.015 acre tract of land conveyed to David A. Witts from H. K. Shelton et ux as recorded on June 5, 11963 in Volume 617, Page 508 of the Deed Records of Collin County; THENCE South 00 deg 01 min 00 sec East, 778.11 feet to a po:LOt for corner; THENCE North 64 deg 26 min 18 sec West, 468.23 feet to a point for corner; THENCE South 24 deg 56 rain 11 sec West, 124.82 feet to a point for corner; THENCE North 90 deg 00 min 00 sec West, 22.36 feet to a point for corner; THENCE south 17 deg 34 min 30 sec East, 552.12 feet to a point for corner; THENCE North 90 deg 00 min 00 sec West, 243.09 feet to a point for corner; t 00 de 20 min 55 sec East, 526.36 feet to a point for corner; (HENCE North g Dint for corner; THENCE North 90 deg 00 min 00 sec West, 66.63 feet to a p THENCE North 00 deg 11 min 00 sec East, 540,21 feet to a point for corner; THENCE South 89 deg 49 min 00 sec East, 99.56 feet to a point for corner; THENCE North 00 deg 11 min 00 sec West, 161.86 feet to a point for corner; THENCE South 88 de 40 min 00 sec East, 536.34 f eet to the POINT OF BEGINNING, and containing 11,.5248 acres of land. Attachment to ordinance No. 758-11-86 Adopted November 6, 1986 "EXHIBIT A" DABNEY-BOWEN J/V IV Vol: 1612, Pg: 641 100' 60 10' 100, 300' 8517 4 CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR I Ma ORDINANCE/RESOLUTION f7sy 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.