Loading...
HomeMy WebLinkAboutO-855-5-88ORDINANCE NO. 855-5-88 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-22-87, AS PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: FLOOD PLAIN - PLANNED DEVELOPMENT R-2 NO. 47 "FP -PD R-2 NO. 47% ON THE FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 21.6 ACRES OF LAND, MORE OR LESS, OUT OF THE DANIEL YEAMAN SURVEY, ABSTRACT NO. 1041, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN; PROVIDING FOR VARIANCES; PROVIDING FOR A FLOOD PLAIN STUDY; PROVIDING FOR REVIEW AND RECOMMENDATIONS ON PRELIMINARY PLAT OF PROPERTY; PROVIDING FOR EXECUTION OF FACILITIES AGREEMENT PRIOR TO APPROVAL OF FINAL PLAT; 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 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. 829-11-87, as previously amended, should be amended; NOW THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:- SECTION EXAS SECTION 1. That Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following tract of land the following classification, to -wit: That the area be and the same is hereby zoned as Flood Plain - Planned Development -R-2 No. 47 "FP -PD R-2 No. 47". Ordinance No. 855-5-88 - Page 1 SECTION 2. That the land use plan attached hereto as Exhibit "A" and made a part hereof for all purposes shall be adhered 'to in its entirety for the purposes of establishing conceptual design and maximum density. SECTION 3. That the area and use regulations of this R-2 Planned Development, except the variances noted herein, conform to the R-2 Zoning District of Comprehensive Zoning Ordinance No. 829-11-87. SECTION 4. That a flood plain study be completed and approved by the City Engineer prior to development. SECTION 5. That the following variances to the City of Allen Zoning and Subdivision Ordinances be approved: Lot Area: 30;000 square feet Front Yard Setback: 50 feet Street Width Minimum: 27 feet without curb and gutter Cul-de-sac Maximum Length: 1200 feet Drainage: Open Open Space Requirement: None SECTION 6. .That the preliminary plat .be brought back before the Council, via the Parks and Recreation Board, with the flood plain appropriately delineated on it. SECTION 7. That the developer and the City finalize the appropriate facilities agreements for the utilities on the site and the escrow of funds for the improvements to F.M. 2170 prior to approval of the final plat. SECTION 8. 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 9. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved herein. SECTION 10. 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 previously 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. 855-5-88 - Page 2 SECTION 11. 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 12. 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 19TH DAY OF MAY, 1988. APPROVED AS TO FORM: A. Don Crowder, City Attorney APPROVED: 9;� Mei J Farmer, Mayor ATTEST: Marty Hendrix, C61c, City Secretary Ordinance No. 855-5-88 - Page 3 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NNE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORT1-1, who having been by me, tiuly sworn, on oath deposes and says: That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Texas, not Iess Il-CLIucntly than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing PUBLIC HEARING — Rezoning of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on May 1, 1988 and which was issued on May 1 , 1988 of Collin County, Texas. A printed copy of said public is attache the City of/Allen SUBSCRIBED AND SWORN to before me Oils 13th / day of June U A. D. 19 88 Nota, Public i ind for Collin County, Texas Publisher's fee S 12.60 E v e y n E. u r r l e Commission expire: 2/25/89 (r CITY OF ALLEN 11 NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City 'Council will'conduct;a-public hearirig_at their regular meeting to be on Thurs- day, May J9,%198$; hti7:30;p.m. in the Council Chambers of the Allen Municipal Annex; One Butler Circle,,Allen, Texas, to consider a•request to permanently zone 21.6106 acres of land from,,"A-O" ,Agricultural -Open -Space to"PD-R-2" Planned Development -R-2 as requested by F.M.'2170 Limited Partnership. This requesfis ori 21:6106 aces of land out of the Daniel Yeaman Survey, Abstract 'Nd" 1041, Collih County; Texas, located south of'F,M?2170, east.pf,Custer-Road, and west of Rowlett Creek. Anyone wishing to speak either FOR or AGAINST -this request is invited to attend this public-hearirig•and v6ice'their opinion. For further information, contact The Department of Community Development, City of Allen,', One tButler Circle,' Allen, Texas,-ror'by telephoning 727-9171 or 424-7518 (metro). ? IR i. rv„ Marty Hendrix, CMC City Secretary (TO BE PUBLISHED IN THE ALLEN AMERICAN ON SUNDAY, MAY 1, 1988) d ' yF `' AFFIDAVIT AND, PROOF OF PUBLICATION THE, STATE -OF TEXAS gtf }COUNTY' OF COLLIN ' BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDG EW'ORTH, who having leen by Inc dilly' ' sworn; on oath. deposes, and says: That he'is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fretlucntly than once a 11`j %%,c6k,-having a gene ral'circulation in said county, and having been published regularly and continuously for more than twelve nwnths priort,to publishing, 41 �al� 4�{ PUBLIC NOT -ICE :..'Ord. # 854-5-88 - r' 1 ,.ofwhich the •, .attached-is;a true and written copy, and which was published in THE.ALLEN AMERICAN on �+ s My• 25, andMa-y29, 1988 — li 11?", . and' which was issued on, May '25, 1988 t II `'oECollin County, Texas. A printed copy of said publicai {L `SUBSCRIBED AND SWORN .to before me this `' 13th 40 ` rk' Puhliiher's fee S 6 4.8 0 �1 u by C is at4 e erIC . day of tune A.D. 19 88 NoLir, ' Publi •n and for Collin County, Texas Eve?yn Currie Commission expire: 2/25/89 re, OF ALLEN ,J "':�"i`CITY OF ALLEN''"!'';' r'. 'f`,.CIIY r� PUBLIC NOTICE, ; ,; t • r 4 ' , PUBLIC NOTICE�'��,;� otice.ls hereby given that the following it That any person, firm or corporation woq Notice' is, hereby givem.that' the followingh-That ,ordinances 4vere adopted by the Allen City,lating•any of the provisions or terms of this, ,f Council, Im their, regular meeting held on ordinance, shall. be subject to the same, ordinances were adopted by the Allen Cityllating Council in their regular meeting held.on any person; firmpr corporal any of the provisions.orterm' ordinance,shal(,bessubject to,thi ! Thursdiy,YMay;19, 1988 (Titles and Pen -,penalty as provided for, in Comprehensive, • i rThursday,-May,19,»1988 (Tftles and -Pen- 'Clauses ' nal as penalty provided for In.Comprel alty;Clauses only):'.., !,� g ,,+_ Zonin Ordinance Na.828-11.87:0( the f^Ordinance No. 8545-88: An Ordinance City of Allen, as previously'amended, and al ont r` ty y):.r . f , .., y ; ` �)Z Ordinance No. 8545.88: An Ordinance Zoning Ordinance ,No:�829,11,-87, of the City of Allen, Texas, Repealing Ord!- upon conviction shall be punished by a fine' City of Allen, as previou§ly; amend of the City of Allen, Texas, Repealing Ordi- Upon conviction shall be punished ) Inane art4e,No. 555-10-84 and all- Previous Or- not to. exceed the sum, of One.Thousand dlnances, in, 'inflict; Providing for, the Dollara'($1,000.00) for,each offense:, + No, 555-10-84`and all Previous Or-rnot to exceed;thd,Wrn'of One Th Conflict; Peobiding'for1he'Dollars Rates to be Charged for Water and Sewer;,.tCopies of these oidinances,nay be'read' ,Airiances'ln' ($1';000.00) foreacli�offeni Rates to be Charged for Water' and Sewer kv Copies'of these ordlnances`riig" trigyig e; Pr&dingfor Collection of Such'or purchased In the Office'of the City. Seel for the DlsconneCtion'of retary, City of Allen, OneButler Circle,yAla Ec Service;- Providing for Collection'of Such'pF purchased in tFie'Officeof Rates; Providing for'tFi6 Qlsconnection of'retary Prwlding for_Water and Sewer len, Texas. , n r ,� i:f x - j ur} i,.� f ( • City of'Allen,'Onet3irtler Che';, Service; Providing for, Water"and;Sewer4len, ,Tees's.,;: Tap Rates; Providing �* r # aprflate�� Providing for.Penalty ot;V a, ;.? • , i V �.� of, this,Ordinance; Providing fora De- Marty Hendriz; CMC for Penaltybf•Viola- +' tion of,this Ordinance; Providingf6e'`d De- jposft Fee; and Interest Thereon;_ Providing.` r b"' °' `; I:i fog '>N ' CIty,Secretary rf , .,�,: ,(� 't .- ', _t3K•�� .,,J and Sewer Connec% 1'-= ' �i posit Fee; and Interest Thereo- PrWding `{ ��, f '�i: rl�Marty Hendrix Temporary Water and Sewer ConneG '� �. City,Se :tor�Temporary_Water $on'Fee;�Providing for.a,Meter,SettingTO BE PUBLISHED�IN-THEaALLEN .for ^ tion Fee;, Providing,forta Meter SettingrTO.;BE PUBLISHED,,1N,THE0 ,Charge;' land,',Providing ;for --a. Penalty AMERICAN ON WEDNESDAY, MAY 25, SUNDAY, MAY 29; 1988, Charge; and, Providing ,for'a'& Penalty (AMERICAN ON WEDNESDAY; M Clause;,a Severability and 1Cleuser a'Severablllty Clause and; an Ef-1988 ANQ _', (active Date:',,," .,., ,� 'r..a :! for�.Vlolation of this Ordinance: Clause an E(' �l988; AND.SUNDAY; MAY,29,'19 .fective Date. ; ; ..'.;`,;.; - ._ .1.". ff,Penalty for,Violation of this Ordinance, ,Penaity y�personi,'firm or.corporation;who vio- Iates,any of this ordinance shall ,Any, person, firm or corporation who'vio= lates any provision of this ordinance'shall ,provision tbe(deemed•guiKy of. a•misdemeanor,and be deemed guilty of a misdemeanor- and ,pOn,convlction therfor shall be fined any upon conviction therfor shall be fined any fsumwnot'to exceed'.Two Hundred Dollars sum not to exceed Two Hundred -Db and'every+day that ($200.00) and each and 'every day that '($Z00.00)`and_each t ;otrpftra ooation • continues. shall be, oon-i *ntr ed to be a separate offense; provided' such a'violation continues 'shall,.be con- ;strurid to be a separate offense; provided; IhoweJer; r that nothl*g contained, herein however,, that nothing contained .herein ShalLpreClude the municipality of bringing' ;shall preclude the municipality of bringing 'tuft for injunction for the prevention of any suit for injunction for the prevention of any. jthreatihed.violation or the removal of any, threatened violation•or the removal of'any structure;in violation of, this ordlnance. +,,, i 'structure In violation of this ordinance,' I '' Ordlnance No. 855-5-88: An Ordinance 1of Ordinance No. 855.5-88: An Ordinance the (City of Allen, Collin County, Texas,-' of the City of Allen, Collin County, -,Texas; -*i66ing,Comprehensi4e• Zoning OrdP 'Amending Comprehensive Zoning Ord!-' nance;No.•829,11-87,,'as Previously tance,No.1'829-11-87;;'as•Previously as to Establish Permanent 'Amended, so as to Establish Permanent ning,,,T -Wit. Food Plain - Plannl,De-' Zoning„To-Wit: Food Plain,- Planned De- R-2 No,• -'vel9pment;R-2 No:.47,"FP-PD.R- No.i 14�'Yort thi,Fb16wing-DescribediTract of. ,velopment 47.•,FP,-PD R-2 No., 47", onthe Following-Described.Tract of nd:+:Approately 21.6.Acres"of land, Land; Approximately 21.6rAcres of land, re or Less, Out of the Daniel Yeaman rvey}Abstract No,_1041r Collin County; F More or Less, Out of the Daniel;Yeaman Survey,, Abstract No. 1041;Collin County,, xasi.Providing for a Land Use Plan; Prod ing for,,Review and Recommendations Texas; Providing for a Land Use Plan; Pro- viding for Review and Recommendations PreliminaryPlat of Property; Providing" 'on Preliminary Plat of Property; Providing Son .for Execution of Facilities Agreement Prior for Execution of Facilities Agreement Prior 'ito,`Approval'of,Final Plat; Providing'for a• ,Penalty of Flni Not to Exceed the Sum of to•Approval of Final Plat: Providing for a Penalty of Fine Not to Exceed the Sum of -'bne Thousand Dollars ($1,000.00) for One Thousand Dollars ($1,000.00) •for 'Ee-,;h Offense; Provlding for a Severability. Each Offense; Providing for a Severability t:'aust); and Providing for the, Effective! Clause;".and Providing for the Effective _ r E Skid kdinance. 'r ., Date of Said Ordinance. "