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Home My WebLink AboutO-998-9-90ORDINANCE NO. 998-9-90 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: PLANNED DEVELOPMENT - RESIDENTIAL NO. 48 (PD -R NO. 48), ON THE FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 13.821 ACRES OF LAND, MORE OR LESS, OUT OF THE GEORGE W. FORD SURVEY, ABSTRACT NO. 328, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN; PROVIDING FOR VARIANCES; PROVIDING FOR AREA AND USE REGULATIONS; 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: 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 Planned Development -Residential No. 48 (PD -R No. 48). 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. Ordinance No. 998-9-90 - Page 1 SECTION 3. That the area and use regulations of this residential development conform to the area and use regulations provided herein as Exhibit "B". SECTION 4. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 5. 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 6. 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 ($1,000.00) for each offense. SECTION 7. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 6TH DAY OF SEPTEMBER, 1990. APPROVED: at Ato4� J-66 Farmer, Mayor ATTEST: APP D AS TO FORM: J Morr' n, City ecretary A. Do , ity At o ey Ordinance No. 998-9-90 - Page 2 LAND USE DATA f0' ZONING P.D. SINGLE FAMILY TOTAL ACRES ILS21 J.C. PENNIIIGTON TOTAL LOTS 48 MM. FRONT YARD is AO MIN. BEAR YARD 16' Illi SIDE YARD 6' YIN. SIDS YARD 16' (adjaaest to street) MDL LOT WIDTH 96' 15 NDL LOT DEPTH 110, 31 am LOT S.F. 7,600 TYPICAL IAT 6l a12S 14 TYPICAL LOT S.F. 7,996 DENSITY 9.6 -- MM. LOT WIDTH 6o a R.L w 3 (arood cal -die) 19 O V NER. wAF. LEE 5 912 DREW LANE EICRABDSON, TEXAS 76062 13 < LLOYD BRAZZAL DEVELOPER: 29 AO LEGACY HOMES 20 JOHN L LANDON 101 L PARS BLVD. SUITE 966 ID. PLANO, TEXAS 76074 E- CA W a F w HERITAGE PARE 19 PHARE IA PD -22 Y0 1& W a z22 21 UL17 � � U PARKWAY N W19'00' E 1033.7' 1 f0' 16'&L EXHIBIT "A" F— — so 1 1 1 16 17 32- � 15 31 F2 18 14 i 14 30 w 3 az 19 • q 5 ° I, ad r 13 < 29 4 20 ' ID. i 12 16 2$ 5 40< 11 27 6T 22 10 26 7 DON A. TIPTON, INC. CONSULTING ENGINEERS 6330 Bolt Lina Road Saito C Garland, Texas 76043 (214) 226-2967 23 8 9 24 25 a 06.19'24 W 1022.21 W.E. FORD AO THE AO �CO. MCI CONCEPT PLAN P.D. SINGLE FAMILY WOODS OF HERITAGE F ARK ALLEN, TEXAS 0 60 120 no 960 BCALC 1" - 99' DATE: 7/90 R RVISED 8/90 EXHIBIT "A" ORDINANCE NO. 998-9-90 12 SII 14 az 5 14 WaA 16 ' i 1s 17 ' 33 f0 is l19 ID KaMIDE G NO.4 34 F R-5 20 j W 35 , 1 cti A n 1' u 36 ,; :&S s: 4" `60 v 24 38 1 t PROPOSED MASONRY 25 SCREENING WALL TO HE APPROVED BY THE CITY OF ALLEN ENGINEERING 6: 39 PARESDEPARTMENT PRIOR 26 TO FINAL PLATTING C7 z 4 27 a O a 16' Ailey28 _ 1 s THE AO �CO. MCI CONCEPT PLAN P.D. SINGLE FAMILY WOODS OF HERITAGE F ARK ALLEN, TEXAS 0 60 120 no 960 BCALC 1" - 99' DATE: 7/90 R RVISED 8/90 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Public Hearing on Zoning of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issded on August 22, 1990 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publicati n is attached hereto. c Q �� SUBSCRIBED AND SWORN to before me this day of A.D. 19 90 Y.A. TODD `� a MY COMMISSION EXPIRES dDC/ Decembw 5,1992 - NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 13 . 5 0 424 Legal Notices CITY OF ALLEN I 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, September r I l Council Chambers of the t Ale� Municipal Annex, One Butler Circle, Allen„Texas„to consider a request to change a 13 8214 acre tract of land's current zoning from; Agriculture-Open Space (AO) to Planned Development-Residential (PD-R). This request is on property out of'Geo'rge W. Ford Survey, Abstract No 328, further- described as being located south of Park l Place Drive and east of Heritage Parkway.. 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 Depart- ment of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by Y,y W telephoning 727-0120, e s'Judy Morrison T' ' ,City Secretary e Lf r AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinano-Q--#998=9-90 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday September _12, 1990 & Sunday September 16-, 1990 and which was issued on September 12, 1990 _ — , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. (2, 1, /Z 4 Z- �a C --- SUBSCRIBED AND SWORN to before me this 16A day of A.D. 19 90 V.A. TODD MY COMMISSION EY.PIRES a December 5, 1992 — -- ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 5 . 0 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, September 6, 1990 (Title and Penalty Clause only): ORDINANCE NO. 998-9-90• An Ordi,1 nance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To -Wit: Planned Development-' I Residential No. 48 (PD -R No. 48), on the i Following -Described Tract of Land: Ap- proximately 13.821 Acres of Land, More or ILess, out of the George W. Ford Survey; Abstract No. 328, Collin County, Texas; Providing for a Land Use Plan; Providing for Variances; Providing for Area and Use Regulations; Providing for a Penalty of Fine not to Exceed the Sum of One Thou-' sand Dollars ($1,000.00) for Each Offense; IProviding for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat, ing any of the provisions or terms of this ordinance shall be subject to the sameI penalty as provided for in Comprehensive l Zoning Ordinance No. 829-11-87 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. I A Copy of this ordinance may be read or, Purchased in the office of the City Secre-' � tary, City of Allen, One Butler Circle, Allen; i Texas 75002. s/Judy Morrison City Secretary l i CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen Jitv, Council adopted the following ordinance at their regular meeting held on Thursday' September 6, 1990 (Title and Penalty) Clause only): ORDINANCE NO. 998-9-90. An Ordi= (nance of the City of Allen, Collin County; Texas, Amending Comprehensive Zoning IOrdinance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To -Wit: Planned Development-' Residential No. 48 (PD -R No. 48), on the Following -Described Tract of Land: Ap- proximately 13.821 Acres of Land, More or Less, out of the George W. Ford Survey; Abstract No. 328, Collin County, Texas; Providing for a Land Use Plan; Providing I for Variances; Providing for Area and Use f Regulations; Providing for a Penalty of I Fine not to Exceed the Sum of One Thou.' I sand Dollars ($1,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance That any person, firm or corporation violat, ing 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 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. A Copy of this ordinance may be read or Purchased in the office of the City Secre= I tary, City of Allen, One Butler Circle, Allen; Texas 75002. �s/Judy Morrison City Secretary HERITA E PHA E PD 2 HERITAGE J.C. PENNINGTON AO OWNERS WAYNE F. LEE 912 DREW LANE RICHARDSON, TEXAS 75082 c LLOYD ERAZEAL 9 DEVELOPER: AO LEGACY HOMES JOHN R. LANDON S 00019'28"'w' j 101 E. PARK BLVD. SUITE 855 PLANO, TEXAS 75074 W, E. FORD AO p r Exchan a Porkwo 0 h 4' a V, � fiM•�� - 2170) McDermott Drive Iy. o SUBJECT TRACT; Bethany Rao DON A. J, 1 1 O N INC. ti r Q N.P. P.1 H.P.P. CONSULTING ENGINEERS FBethonyRoad_ 6330 Belt Line Read Suite C Garland, Texas 75043 } Cha oral Road- - (214) 226-2967 LO S� OF oft: p NGLE HERITAGE P A R K -.I ALLEN,, TEXAS . r NO. 4 X LAND USE DATA ZONING P.D. SINGLE FAMILY , TOTAL ACRES 13.821 TOTAL LOTS 48 MIN. FRONT YARD 25' MIN. REAR YARD 15' MIN. SIDE YARD 6 MIN, SIDE YARD 15' (adjacent to street) MIN. LOT WIDTH, 65' MIN. LOT DEPTH 110' MIN. LOT S.F. 71500 TYPICAL LOT 65'x123' TYPICAL LOT S.F. 7,905 DENSITY. 3.5 wUIN. ;LOT WIDt ` 50 i3.I: rou nd cul d-� c� J.C. PENNINGTON AO OWNERS WAYNE F. LEE 912 DREW LANE RICHARDSON, TEXAS 75082 c LLOYD ERAZEAL 9 DEVELOPER: AO LEGACY HOMES JOHN R. LANDON S 00019'28"'w' j 101 E. PARK BLVD. SUITE 855 PLANO, TEXAS 75074 W, E. FORD AO p r Exchan a Porkwo 0 h 4' a V, � fiM•�� - 2170) McDermott Drive Iy. o SUBJECT TRACT; Bethany Rao DON A. J, 1 1 O N INC. ti r Q N.P. P.1 H.P.P. CONSULTING ENGINEERS FBethonyRoad_ 6330 Belt Line Read Suite C Garland, Texas 75043 } Cha oral Road- - (214) 226-2967 LO S� OF oft: p NGLE HERITAGE P A R K -.I ALLEN,, TEXAS . r NO. 4