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Home My WebLink AboutO-891-12-88ORDINANCE NO. 891-12-88 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 7 8 6-3-87 AS DELINEATED ON THE OFFICIAL ZONING MAP AS FLOOD PLAIN -PLANNED DEVELOPMENT NO. 12; PROVIDING FOR AMENDMENT TO THE DEVELOPMENT POLICY AS DESCRIBED IN EXHIBIT "E" ATTACHED HERETO BY ALLOWING AN EXTENSION OF TIME FOR THE CONSTRUCTION SCHEDULE ON CERTAIN THOROUGHFARES; PROVIDING FOR A PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 Ordinance No. 786-3-87 shall be amended to allow an extension for the construction schedule on certain thoroughfares as specified in Exhibit "E" attached hereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That from and after the effective date of this Ordinance, the the development policy attached as Exhibit "D" to Ordinance No. 786-3-87 is hereby amended to include the amendments described in Exhibit "E" attached hereto. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. Ordinance No. RC) -1 , _ 88 - Page 1 SECTION 3. That the use and area regulations and open space regulations as described in Exhibit "D" to Ordinance No. 786-3-87 shall remain the governing regulations for FP -PD No. 12 on Tracts 1, 2, 3, 4 and 5 defined therein, except as amended by Exhibit "E" attached hereto. 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 Ordinance No. 786-3-87 and Comprehensive Zoning Ordinance No. 829-11-87, 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. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 15TH DAY OF DECEMBER, 1988. APPROVED: e Farmer, Mayor ATTEST: Marty Hendrix, CV, City Secretary APPROVED AS TO FORM: w er, City Attorney- Ordinance ttorne " Ordinance No. 8 91-12 - R R - Page 2 EXHIBIT "E" �- REVISED SHADOW DEVELOPMENT POLICY NOV. 1988 Development of the Shadow Lakes Community is a long term developer committment for a total buildout and development. Below are the policies and committments for initial construction and future phases. I. Construction to begin on Allen Heights Road from the existing conditions on the East side of the property to Park Place Drive on or before September 19, 1991, or when the first phase of development commences, which ever occurs first. II. Construction to begin on two lanes of Allen Heights Drive on the Eastern boundary of subject property frau Park Place Drive to Bethany Road. Construction to commence on or before September 19, 1991. III. Development of open space to commence in conjunction with first phase development of residential. IV. Construction of Hillside Drive North of Allen Heights adjacent to subject property to commence on or before September 19, 1991. V. The single family property adjacent to Greengate Addition will be designed to be comparable in lot size to Greengate Addition at the time of final platting. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN JUDY EDQUIST BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE NVEDGEWORTH, 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, Teas, not less li'aluently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve month, prior to publishing PUBLIC NOTICE - ORD #891-12-88 of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on December 21 and 25, 1988 and which was issued on12-21-88 by, of Collin County, Texas. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this —ad day of Publisher's fee S 32.40 .•�' " V.A. TODD 11 MV COMMISSION EXPIRES ?�`, .R <<, ` O�mtr�r 5.1982 ' 'CITY OF ALLEN' -17 PUBLIC NOTICE' 1 ^• Notice is t ereby given'that the Allen City i Council adopted the following ordinance at their, regular. meeting held on -Thursday, December..15, 1988. (Title and Penalty Clause only): , „• I Ordinance No. 891-12-88: An Ordi nance of the City of Allen; Collin -County, Texas, Amending Comprehensive -Zoning. i Ordinance) No:, 829-11-87, As Previofbs Amended, and Ordinance No. 768-3-87 at', ,Delineated on the Official Zoning Map as Flood Plain — Planned 'Development No.l 12; Providing for Amendment to the'Deve Ilopment Policy as Described in EWbit "E"1 Attached Hereto By Allowing an Extensions of Time for. the -Construction -Schedule ons Certain Thbroughfares;,Providing`for al tPenalty;_Providing for' a Severability tClause;'and Providing for an. Effective lDate. - - - That any person-,firm'or corporation vio- �Iating any of the provisions or terms of this tordinance shall be subject to the same (penalty as provided for in- Ordinance No. 786-3-87 and Comprehensive Zoning Or- 'dinance-No. 829=11-87, as'previously arriended;- nd"upon•conviction shall be punished by a fine not to exceed tfie sum of `One Thousand Dollar§ ($1,000.00) fo'r each offense. _ - _ -{ ., Copies of these ordinances maybe, read 'or purchased in the office of the City Sec- �retary', City of Allen, One Butler Circle, AI- len; Texas 75002. t it -I • 1 — Marty'Hendrix CITY SECRETARY 12/21 /88"12/25/88 - _ _ _ _ City of Allen , A.D. 19-I9 EN ry Public in and for Collin County, Teas 1 CITY O� F Li - __ r PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at i their regular meeting held on Thursday, December 15, 1988 (Title and Penalty { Clause only): Ordinance No. 891-12-88: An Ordi- nance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, As -Previous Amended, and Ordinance No. 768-3-87 as Delineated on the Official Zoning Map as Flood Plain — Planned Development No. 12; Providing for Amendment to the Deve- lopment Policy as Described in Exhibit "E" Attached Hereto By Allowing an Extension ++ bf Time for the Construction Schedule on I ,Certain Thoroughfares; Providing for a Penalty; Providing for a Severability IClause;.and _Providing for an Effective Date. 1 - , That any person, firm or corporation vio- lating any of the provisions or terms of this lordinance shall be subject to the same (penalty as provided for in Ordinance No. `786-3-87 and Comprehensive Zoning Or- idinance No.1829-11-87, as previously Amended, and''upon conviction shall be" ,punished by a fine not to exceed the sum of One Thousand' Dollars ($1,000.00)-foP each offense.- Copies of these ordinances may be read I purchased in the office of,the City Sed- , ec- li retary, City of Allen, One Butler Circle, AI len; Texas 75002. - - ' ', Marty Hendrix' s CITY SECRETARY, .12/21/88, 12/25/88 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN JUDY EDQUIST BEFORE NIE, the undersigned authority, on this day personally appcare(X;X)=X13MXUDC=awho having been by me duly sN\orn, on oath deposes and says: That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin County, Teras, not less freduently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twclve months prior to publishing NOTICE OF PUBLIC HEARING — REQUEST TO AMEND EXHIBIT "D" of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 23, 1988 and which was issued on 11-23-88 by City of Allen of Collin County, Texas. A printed copy of said publication is atta h- i hereto. U."�a SUBSCRIBED AND SWORN to before me this 14th day of De tuber A.D. 19 88 Publisher's fee S 11.70 Notary Publi t and for Collin County, Texas Evelyn Currie Commission Expires: 2/25/89 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council Willi conduct a public hearing', at their regular meeting to be held on Thurs- day, December 15, 1988, at 7:30 p.in. in the Council Chambers of the Allen Munici- pal Annex, One Butler Circle, Allen, Texas, to consider a request to amend Exhibit "D" in Planned Development No. 12 to allow an Y extension of time for the construction sche- dule on certain thoroughfares, as re- quested by Bass Development Company. This request is on property out of the Simon Burns?Survey, Abstract No. 255, Collin County, Texas, and located south of F.M 2170 and east of Hillside Drive.' Anyone Wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion For further information, contact the De- partment of Community Development, City of Allen, One Butler Circle, Allen, Texas; or ,by telephoning 727-9171 or 424-7518 (metro). t .4'ti Marty Hendrix .11/23/88 ' City Secretary