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Home My WebLink AboutO-1065-12-91ORDINANCE NO. 1065-12-91 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, AND ORDINANCE NO. 1048-9-91 SO AS TO APPROVE A SITE PLAN AND AMEND THE AREA AND USE REGULATIONS FOR FLOOD PLAIN -PLANNED DEVELOPMENT/GARDEN HOME NO. 49 (FP-PD/GH NO. 49) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 37.006'k ACRES OF LAND, MORE OR LESS, OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708 AND THE G. W. FORD SURVEY, ABSTRACT NO. 328, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR A SITE PLAN (EXHIBIT "A-) WHICH CONTAINS A VARIANCE TO THE ALLEY REQUIREMENT FOR LOTS THAT BACK TO THE UNNAMED TRIBUTARY THAT TRAVERSES THIS PROPERTY; PROVIDING FOR AMENDED AREA AND USE REGULATIONS (EXHIBIT B'); 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, 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 Comprehensive Zoning Ordinance No. 829- 11-87, as previously amended, and Ordinance No. 1048-9-91 should be amended to include the attachment of Exhibit "A," approved site plan, and Exhibit "B," amended area and use regulations, for development of 37.0061 acres of land, more or less, presently delineated on the Official Zoning Map as a portion of FP-PD/GH No. 49; 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, as previously amended, and Ordinance No. 1048-9-91 be and the same are hereby amended to include the attachment of Exhibit "A," a proved site plan, and Exhibit "B," amended area and use regulations, for development of 37.00vacres of land, more or less, out of the William Perrin Survey, Abstract No. 708 and the G. W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas, presently delineated on the Official Zoning Map as a portion of Flood Plain -Planned Development/Garden Home No. 49 (FP- PD/GH No. 49). SECTION 2: That the property described in Exhibit "A" attached hereto, which contains a variance to the alley requirement for lots that back to the unnamed tributary that traverses this property, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: That the area and use regulations of this residential development conform to the amended 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 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 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 6: 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 7: 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 5th DAY OF December '1991. APPROVED AS TO FORM: A. Don Crowder, CITY Y APPROVED: Jde Farmer, MAYOR ATTEST: Ordinance No. 1065-12-91 Page 2 CdTrO&bVV0O Out/•v9'43 PWAX Y „ NOTE TYRES FOOT HILI MASONRY WALL —�NI!•JI'/! f /06997' W1 ENGINEERED FOUNDATION ALONG ^ "— JOINT JUPITER RD 1ALLfiY R 0. W • LINE (APPROX. IGO'LONG) f E O 1 y 1 1 47 4 Illlll y � `� - _ t10 IL 13 NI Van LS .f \IG li STREET G a \ \ �;rya � • 1 - .. _ , \ o • .' '- r � y ..' cs ca• 1 1 ♦ 1 4 W x,11• /,'. 2 i. W ' G Q / r --IO- --I1 ` 12 IS 14 Sr7•S/'/!•E IJ.47' lJ� '\Okll� \\� i 3r4.08'44'E uaJS' l �-__�.�� ,' �,-� •., �/�; y ' �� JW'4Ar swr.Esw'T n 1+• `�� ` �`• STREET Q 6O `#. c•' �' � J` Jl!•/7't!'E rl• 40' ,�• y1' • ---- 1y ISS O 11 10 '. 1 a - 7 / 7 0 _ 1' \ \ \ of rEA FrrO CLYrSA III JrADIUM IT NOTE LANDSCAPING �LIVINc SCREEN— Is ' O IN AREA OF STREET C CUL-�� + I 1 O • V`.' S ` t _ _"'•`� $ • O DL -SAC AND JUPITER RD 2 _ 3 4 I/ -!" JLS/ R O W LINE ��Q' •'•^ / ,�h .' 19 Q e LD \ t. a d 4 k7.-'' • p t AO'OTp•E /SO 7J' v 7 \ • 'J e srrccr c \ TL O ` a03.4!'0!'E 721&' to 9 13 1 Iz f ti► {' L ,, IL 19 t �•�'` ` \\ LA toc•4A'oA'E a47T 1 Sy J I t OIL 2 S 11423 17 21 `�• `1 1 11 ` JQ\ lD fll•/t'/J"L 417z' Di ? •t • ST961 i1r1Tlllll 0 j • i IE 2z ! ; STREET . , \ \ 1• i ae• v.�-V• '• ` .. .. \ ,� t44•S4'rJ•E Z49 rA' a. w 17 30 z i a 4 s _ c T a .: a I 11 i li 1a r 14ai}. 15 zs a zc . rc rT za z! \\ \ A _ _ _ aaa&:a/_Iv r0c4O7' ---I F T I 1 I �1(� I 6I— i -I I ,j I T T I I I I I I,,I I I II I I I I I I I I I I II i I I II `1 j COrTIM1Y0oo CEwA NOtrM a a PMASEi 14M w y a� North 6.;- �� 0 loo zoo 300 Lr1TI TYPICAL LOT 64.0' X 110 0' EXHIBIT "A" ORDINANCE NO. 1065-12-91 1 MN } ?ROJECT SITE / �r j•.%� 1 LOCATION, MAP "Approved for [reparation of Final Plat Chairman Date Planning S Zoning Conwieelon City of Allen, Ta SITE PLAN/ PRELIMINARY PLAT A 37,0! ACRE TRACT PART OF THE WILLIAM PERRIN SURVEY, AYSTRACT NO 708 AND THE G.W. FORD SURVEY, ATTRACT NO. 3211 CITY OF ALLEN, COLLIN COUNTY, TEXAS ocrrat"Its 20, Int DEVELOPER: — — — WILBOW PECK CORPORATION INC. 3960 BROADWAY, SUITE 125, GARLAND, TX 73043 ENGINEER: ENGINEERING E ENVIROSCIENCES, INC. 7557 RALGLER ROAD, SUITE 750, DALLAS. TEXAS 75231 (214)3"-3776 REVISED OL rOAER tl.t•!1 -PlaLININARr RIJ.T Pu• IIRv I LY YUNVIMaa UNI.T- ORDINANCE NO. 1065-12-91 :• s I EXHIBIT "B" AREA AND USE REGULATIONS The development on the tract of land described in Exhibit "A" shall generally be in accordance with the Comprehensive Zoning Ordinance of the City of Allen, Texas, Ordinance No. 829-11-87, except as amended by the following area and use regulations: I.. DEVELOPMENT STANDARDS - GH, Garden Home Residential District - (37.006 Acres) A. Lot Standards: 1. The minimum lot area for each dwelling unit shall be seven thousand (7,000) square feet. 2. Minimum lot width at the front building line, except cul-de-sac lots, shall be sixty (60) feet. 3. Minimum lot depth shall be equal to or greater than one hundred ten (110) feet, except for cul- de-sac and elbow lots, which may have a minimum average depth of ninety (90) feet. 4. Minimum front yard setback shall be twenty (20) feet. 5. Minimum sideyard setback shall be five (5) feet. Minimum sideyard on corner lots shall be fifteen �• (15) feet, even when a sideyard is across from or adjacent to a front yard. 6. The minimum rear yard setback shall be ten (10) ' feet. II. OTHER DEVELOPMENT STANDARDS A. Entryway treatment and fencing along Jupiter Road (engineering standards and design) to be reviewed at the time of final plat approval. Exhibit "B" Page 1 I B. Homes will conform to the City's 75% brick requirement with the additional requirement of 100% brick on the side or rear if the house sides or backs Jupiter Road. Deed restrictions as they relate to these lots shall be reviewed at the time of preliminary plat approval. C. Minimum dwelling unit size on any plotted lot shall be one thousand, three hundred (1,300) square feet, exclusive of garages, breezeways and porches. D. Lots which back to Cottonwood Creek and the unnamed tributary shall not be alley served, but shall be Ifront side entry garages. Exhibit "B" Page 2 ORDINANCE N0. 1065-12-91 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 Notice of Public Hearing/37 Acres of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday. November 20. 1991 and which was issued on N o y e m b p 20, 1991 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. ^GLI: Gtr SUBSCRIBED AND SWORN to before me this day of-4-A.D. 19� .:d••••"�,•••. Y.A. TODD . My COMMISSION ExrIRF- ---- - - ! Dooember 5,1"2 Publisher's fee $ 19. 13 Y PUBLIC 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, December 5, 1991, at 7.30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to amend zoning by changing the use regulations allowing cer- tain variances and site plan approval on 37 acres of land located east of Jupiter Road and north of Cottonwood Bend North Addi- tion as requested by Wilbow Peck Corporation. This request is on property described at 37.006:t tract of land in the William Per- rin Survey, Abstract No. 708 and the G. W. Ford Survey, Abstract No 328 in the City of Allen, Collin County, Texas, and being all of the tract described in Volume 530, Page 243, Volume 626, Page 523 and Volume 3000, Page 275 in the Deed Records of Collin County; further described as being located east of Jupiter Road and north of Cottonwood Bend North Addition. 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 telephoning 727-0120. /s/ Judy Morrison City Secretary 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 Ordinance 1065-12-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on _ Wednesday December 11, 1991_& Sunday December 15, 1991 and which was issued on n e r e m b e r 11, 1991 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. i c SUBSCRIBED AND SWORN to before me this day of A.D. 19 7lA =V.XTODD NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $55._7L____ _ 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, December 5, 1991 (Title and Penalty Clause only). Ordinance No. 1065-12-91: An Ordinance of the City of Allen, Collin County, Texas, •-Amend:ng Comprehedsive-Zoning'Ordi nance No. 829-11-87, as Previously Amended, and Ordinance No. 1048-9-91 so as to Approve a Site Plan and Amend the Area and use Regulations for Flood Plain-Planned Development/Garden Home No!49 (FP-PD/GH NO. 49) on the Following Described Tract of Land: 'Ap- proximately 37.006-*Acres of Land, mope or less, out of the William Perrin Survey, Abstract No. 708 and the G. W. Ford Survey, Abstract No 328, City of Al- len, Collin County, Texas; Providing for a Site Plan (Exhibit "A") which contains a Variance to the Alley Requirement for Lots that. Back to the Unnamed Tributary that Traverses this Property; Providing for Amended Area and Use Regulations (Ex- hibit "B"); Providing for a Penalty of Fine not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Pro- viding for a Severabilty Clause; and Pro- viding 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 Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary 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, December 5, 1991 (Title and Penalty Clause only): Ordinance No. 1065-12-91. An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, and Ordinance No. 1048-9-91 so as to Approve a Site Plan and Amend the Area and use Regulations for Flood Plain -Planned. Development/Garden Home No. 49 (FP-PD/GH NO. 49) on the Following Described Tract of Land: Ap- proximately 37 006±Acres of Land; more or less, out of the William Perrin Survey, Abstract No. 708 and the G. W. Ford Survey, Abstract No. 328, City of Al- len, Collin County, Texas; Providing for a Site Plan (Exhibit "A") which contains a Variance to the Alley Requirement for Lots that Back to the Unnamed Tributary that Traverses this Property; Providing for Amended Area and Use Regulations (Ex- hibit "B"); Providing for a Penalty of Fine not to Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Pro' viding for a Severabilty Clause; and Pro- viding 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 Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison