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Home My WebLink AboutO-1114-6-92ORDINANCE NO. 1114-6-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO AMEND ORDINANCE NO. 507-5-84 PLANNED DEVELOPMENT NO. 22 (PD NO. 22), AND ORDINANCE NO. 671-1-86 REVISED SITE PLAN AND USE REGULATIONS, AND ORDINANCE NO. 790-5-87, REVISED SITE PLAN AND USE REGULATIONS, ON THE FOLLOWING. DESCRIBED TRACT OF LAND: 22.41 ACRES OF LAND OUT OF THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "G" LAND USE PLAN AND EXHIBIT "H" AREA AND USE REGULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission 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 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 in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance Nos. 507-5-84, 671-1-86 and 790-5-87 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, as previously amended, and Ordinance Nos. 507-5-84 (Planned Development No. 22), 671-1-86 and 790-5-87 of the City of Allen, Texas, be, and the same hereby are, amended by changing the Zoning Map of the City of Allen. SECTION 2: That the land use plan and area and use regulations attached hereto as Exhibits "G" and "H" and made a part hereof for all purposes shall be adhered to in their entirety. SECTION 3: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 4: That the property described in Exhibit "G" attached hereto shall be used in the manner and for the purposes provided for as approved herein. 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 previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) 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, TERAS, ON THE 18th DAY OF JUNE , 1992. APPROVED: .let 9;f-04� Jo6 Farmer, MAYOR APPROVED AS TO FORM: ATTEST: A. Don Crow , CITY ATTORNEYJ y Mo n,CITY SECRETARY Ordinance No. 1114-6-92 Page 2 Ordinance No. 1114-6-92 EHhibit "H" 22.40 ACRE TRACT DEVELOPMENT STANDAkaja -- - — - A. PD - Single Family - Garden Home 1. General: This tract shall be developed for single family detached homes. The maximum number of dwellings shall not exceed 66 units in this tract. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. Single family detached unit and accessory uses customarily incidental to this use. b. Such uses,as may be permitted under the provisions of Section 2.06, specific use permits, of the City of Allen Comprehensive Zoning Ordinance. 3. Height Regulation: No building shall exceed thirty (30) feet or two and one-half (2k) stories in height. 4. Area Regulations: a. Size Yards• 1. Front Yard - There shall be a front yard, having a depth of not less than twenty (20) feet. 2. Side Yard - A five foot set -back on either side of dwelling. A side yard adjacent to a side street shall not be less than fifteen (15) feet, even when a side yard is across from a front yard, the side yard shall be fifteen (15) feet. 3. Rear Yard - There shall be a rear yard having a required depth of not less than fifteen (15) feet. b. Size of Lot• 1. Lot Area - No building shall be constructed on any lot of less than five thousand (5,000) square feet. 2. Lot Width - The width of the lot shall not be less than fifty (50) feet at the front building line. 3. Lot Depth - The depth of the lot shall not be less than one hundred (100) feet. C. Minimum Dwelling Size: The minimum floor area of any dwelling shall be one thousand six hundred (1,600) square feet. d. Lot Coverage: In no case shall more than fifty- five (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 5. Building Regulations: a. Type of Materials: All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. 6. Heritage Parkway will be dedicated and constructed through this property at time of development. 7. An 8 foot wide concrete logging path will be constructed through park dedication area. B. PD - Shopping Center 1. General: This tract shall be developed utilizing the development standards that now exist on the entire 22.40 acre tract. 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 Abstract 1012 Spindleto of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 27, 1992 and which was issued on May 27, 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this Aa day of'14 A.D. 19 E4t�'ek V.ATODD :. MYCOMMISStONE7(PIRES NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $1 8 .00 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen Cit) Council will conduct a public hearing a , their regular meeting to be held on Thur. day, June 18, 1992, at 7:30 p.m. in the Council Chambers of the Allen Municipa Annex, One Butler Circle, Allen, Texas, to consider a request to amend Planned De- velopment No. 22 (PD No. 22) by changing .the 22.4 acre Shopping Center Tract to 138 acres of Single'Family Detached, 2 acres to be 'dedicated for parks, and 6.6 ;j , acres to remain Shopping Center. This request is on property' described as being in the R. C. Whisenant S.irvey, Ab- stract No. 1012 and further being the same 22.4 acre tract of land conveyed to Spind- letop Savings Association by the deed -re- corded in Volume 2958, Page 478 of the ,I Land Records of Collin County; further de- scribed as being the southwest corner of -Bethany Drive and Allen Heights 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 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 #1114-6-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday June 24, 1992 & Sunday June 28, 1992 and which was issued on June 24, 1992 , by City of Allen of COLLIN COUNTY, • TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 16 day'b t Y.A. TODD / n My COMMISSION EXPIRESDOMMW S, 102 .!! Publisher's fee $ 49.50 A.D. 19qA PUBLIC in and for COLLIN COUNTY, TEXAS 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, June 18, 1992 (Title and Penalty Clauses only). Ordinance #1114-6-92 An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance #829-11-87, as Previously Amended, So as to Amend Ordinance #507-5-84 Planned Development- #22 (PD -22), and Ordi- nance #671-1-86 Revised Site Plan and Use Regulations, and Ordinance #790-5-87, Revised Site Plan and Use Regulations, on the Following De- scribed Tract of Land: 22.4 , Acres of Land Out of The R.C. Whisenant Survey, Abstract #1012, City of Allen, Collin County, Texas; Providing for Ex- hibit "G" Land Use Plan and Exhibit "H" Area and Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand ($2,000.00) for Each Offense; Providing for A Severa- bility Clause; and Providing for the Ef- fective Date of Said Ordinance. That any person, firm or corporation vi- olating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Com- prehensive Zoning Ordinance #829-11-87 of the City of Allen, as heretofore amended, and upon convic- tion shall be punished by a fine not to exceed the sum of Two Thousand Dol- lars ($2,000.00) for each offense. A copy of this Ordinance may be read or purchased in the office of the City Sec- retary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary 1%— 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, June 18, 1992 (Title and Penalty Clauses only): Ordinance #1114-6-92 An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance #829-11-87, as Previously Amended, So as to Amend Ordinance #507-5-84 Planned Development- #22 (PD -22), and Ordi- nance #671-1-86 Revised Site Plan and Use Regulations, and Ordinance #790-5-87, Revised Site Plan and Use Regulations, on the Following De- scribed Tract of Land: 22.4 t Acres of Land Out of The R.C. Whisenant Survey, Abstract #1012, City of Allen, Collin County, Texas; Providing for Ex- hibit "G" Land Use Plan and Exhibit "H" Area 'and Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand ($2,000.00) for Each Offense; Providing for A Severa- bility Clause; and Providing for the Ef- fective Date of Said Ordinance. That any person, firm or corporation vi- olating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Com- prehensive Zoning Ordinance #829-11-87 of the City of Allen, as heretofore amended, and upon convic- tion shall be punished by a fine not to exceed the sum of Two Thousand Dol- lars ($2,000.00) for each offense. A copy of this Ordinance maybe read or purchased in the office of the City Sec- retary, City of Allen, One Butler Circle, Allen, Texas 75002. 's/ Judy Morrison City Secretary CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR Igao ORDINANCE/RESOLUTION � T l DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered. O SO 100 am 300 LOCATION MAP IIT.S. W' .7V w w zs+ w _Al-LEN--------------------------------- 1 I 1 1 ' 1 1 1 , 1 1 I I 1 1 1 1 � 1 I � 1 1 1 1 1 1 ' 1 � � ; 1 1 1 1 1 , 1 � 1 I 1 1 1 I 1 1 1 Ql ' 10, i 1 1 1 1 111 j ' t ; 1 � b, N v 1 I !1 � � 1 ' 1 1 1 I i i 1 1 1 1 ' 1 1 i I 1 1 1 , � 1 1 1 ' 1 ' 1 1 , 1 1 1 o I I c 2 I 1 1 1 I N � ; 1 1<1 � =1 1 1 �1 W'- 1 � 1 1 � 1 � t , 1 , 1 , 1 , 1 , 1 , 1 1 � 1 ' 1 ' 7 t , 1 Li \RK 1` PHASE ! B 1 ; 1 LAND USE DATA 1 , 1 1 , 1 1 1 1 1 ' � I PROPOSED jl CITT OF ALLEN 1 1 FIRE STATION 11 11 1 l� 11 it II -----J L- NEIRITAGE FKYW. I 1 5ii1/G ALLEN 1 1 1 1 1 i ! / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRACT TOTLL PROPOSED EORDIG TOT&L IQA. LOT =11- LOT KIN- LOT RDIITTT &CRL7 LOTS LI. VwTR - DEPTR - - I. II" Rlyl. Fammy N aim K' /NLDCIB$WrT &A s *A "Ping c..tw t X/A vA wv[ i 2.1 � 1 •a VA f/& s g � �r V. -F i,l.fr b1D PRO.IECT C a SITE = LOCATION MAP IIT.S. W' .7V w w zs+ w _Al-LEN--------------------------------- 1 I 1 1 ' 1 1 1 , 1 1 I I 1 1 1 1 � 1 I � 1 1 1 1 1 1 ' 1 � � ; 1 1 1 1 1 , 1 � 1 I 1 1 1 I 1 1 1 Ql ' 10, i 1 1 1 1 111 j ' t ; 1 � b, N v 1 I !1 � � 1 ' 1 1 1 I i i 1 1 1 1 ' 1 1 i I 1 1 1 , � 1 1 1 ' 1 ' 1 1 , 1 1 1 o I I c 2 I 1 1 1 I N � ; 1 1<1 � =1 1 1 �1 W'- 1 � 1 1 � 1 � t , 1 , 1 , 1 , 1 , 1 , 1 1 � 1 ' 1 ' 7 t , 1 Li \RK 1` PHASE ! B 1 ; 1 LAND USE DATA 1 , 1 1 , 1 1 1 1 1 ' � I PROPOSED jl CITT OF ALLEN 1 1 FIRE STATION 11 11 1 l� 11 it II -----J L- NEIRITAGE FKYW. I 1 5ii1/G ALLEN 1 1 1 1 1 i ! / 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TRACT TOTLL PROPOSED EORDIG TOT&L IQA. LOT =11- LOT KIN- LOT RDIITTT &CRL7 LOTS LI. VwTR - DEPTR - - I. II" Rlyl. Fammy N aim K' w &A s *A "Ping c..tw t X/A vA NIA •iA i 2.1 Part 9"entlem 1 •a VA f/& i/A TOTAL w& NOTE STREET AND LOT CONFIGURATION FOR TRACT 1 TO BE DETERMINED AT TIME OF PRELIMINARY PLAT. Ordinance No. 1114-6-92 ! I Enhibit 11611 I! ZONING EXHBIT OF 22.40+/- ACRE TRACT OUT OF TME RC. WHISENANT SURVEY ABSTRACT NO. 1012 NN THE CITY ,OF ALLEN COLLIN COUNTY. TEXAS APPLICANT NTERMANDECO INC. IM IF PLAA,O PAw1.A,.61TE na PLMq. T[ RAS rWM PREPARED BY CORWIN ENGINEERING, INC. 2=3 110117" STRUT OA..LAS.TERAS n201 APRIL OW RCAA1•1'.00 This Page is too large to OCR