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Home My WebLink AboutO-1267-7-94ORDINANCE NO. 1267-7-94 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 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, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 78.8534 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from Local Retail (LR) and Residential Four (R4) to Shopping Center (SC) and Residential Five/Restricted (R5/R) and Residential Four/Restricted (R4/R). SECTION 2: The land use plan attached hereto as Exhibit 'B" and made a part hereof for all purposes shall be adhered to in its entirety. SECTION 3: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 4: The property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for by Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and as set forth herein by the approval of the attachment of Exhibit "B," Land Use Plan. SECTION 5: 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: It is hereby declared to be the intention of the City Council that the sections, AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING - DESCRIBED TRACT OF LAND FROM LOCAL RETAIL (LR) AND RESIDENTIAL FOUR (R4) TO SHOPPING CENTER (SC) AND RESIDENTIAL FTVEIRESTRICTED (R5/R) AND RESIDENTIAL FO CTED (R4/R), SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 78.8534 ACRES OF LAND OUT OF THE J. T. ROBERTS SURVEY, ABSTRACT NO. 777, AND THE HENRY WETSEL, SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN, PROVIDING FOR RESTRICTIONS; 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 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 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, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 78.8534 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from Local Retail (LR) and Residential Four (R4) to Shopping Center (SC) and Residential Five/Restricted (R5/R) and Residential Four/Restricted (R4/R). SECTION 2: The land use plan attached hereto as Exhibit 'B" and made a part hereof for all purposes shall be adhered to in its entirety. SECTION 3: 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 4: The property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for by Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and as set forth herein by the approval of the attachment of Exhibit "B," Land Use Plan. SECTION 5: 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: 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: 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 7TH DAY OF JULY , 1994, "` I r APPROVED: .tP Jbe Farmer, MAYOR Ordinance No. 1267-7-94 Page 2 #93015 7-06-94 PROPERTY DESCRIPTION BEING a tract of land in the J.T. Roberts Survey, Abstract No. 777 and the Henry Wetsel Survey, Abstract No. 1026, situated in the City of Allen, Collin County, Texas, and being a part of that certain property conveyed to Western Federal Savings & Loan Association by deed recorded in Volume 2619, Page 798 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found at the intersection of the North right-of-way line of Exchange Parkway (66.8 feet wide) with the Easterly right-of-way line of State Highway No. 5 (100.0 feet wide); THENCE North 23°43'10" East along said Easterly right-of-way line of State Highway No. 5, 649.18 feet; THENCE North 89°49'16" East, 1002.20 feet; THENCE North 23043'10" East, 390.0 feet; THENCE North 66016'50" West, 267.54 feet; THENCE North 23°43'10" East, 65.0 feet; THENCE North 68°43'10" East, 22.63 feet; THENCE North 23°43'10" East, 432.54 feet to a point on the South line of Lot 2 of Buckingham Polo Club Estates, an unrecorded subdivision; ` THENCE North 89°53'40" East along the South line of Lot 2 and the South line of Lot 3 of said subdivision, 456.16 feet to an iron rod found at the Southeast corner of Lot 3 and the Southwest corner of Lot 4; THENCE North 89039'38" East along the South line of Lots 4 and 5, 349.59 feet to an iron rod found at the Southeast corner of Lot 5 and the Southwest corner of Lot 6; THENCE North 89°45' East along the South line of Lots 6 and 7, 613.97 feet to an iron rod found at the Southeast corner of said Lot 7 and the Southwest corner of Lot 8; THENCE North 89°58'21" East along the South line of Lots 8 and 9, 292.56 feet to an iron rod found at the Northwest corner of that certain 33.207 acre tract of land conveyed to B.M. Grantland by deeds recorded in Volume 2165, Page 704 and Volume 2165, Page 707 of the Deed Records of Collin County, Texas; THENCE South 0°46'38" West along the West line of said 33.207 acre tract, passing its Southwest corner and the Northwest corner of that certain 1.0 acre tract of land conveyed to Eugene Holmes and wife, Oneta Holmes by deed recorded in Volume 668, Page 951 of the Deed Records of Collin County, Texas, and continuing along the West line of said 1.0 acre tract a total distance of 1531.74 feet to an iron rod set on the North right-of-way line of Exchange Parkway; THENCE WEST along said North right-of-way line of Exchange Parkway, 3088.0 feet to the PLACE OF BEGINNING, and containing 78.8524 acres of land, more or less. Ordinance No. 1267-7-94 Enhibit 111 LARGE DRAWINGS FOR THIS ORDINANCEI RESOLUTION N0*21�7-7-94 CAN BE FOUND ON CITY OF ALLEN 35MM ROLL NUMBERED 5. fr�� CITY OF ALLEN 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 Thursday, July 7, 1994, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to rezone 59.2907 acres from Residential (R-4) to Residential -Deed Restricted (R-5/DR) and 12.7060 acres from Local Retail (LR) to Shopping Center (SC) as requested by Land Advisors, Inc. This request is on property described as 71.9967 acres located in the J. T. Roberts Survey, Abstract No. 777 and the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas, further described as being located at the northeast corner of SH 5 and Exchange Parkway. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the Department of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. C' y �Sectary (TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, JUNE 8, 1994) ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100 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 #1267 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wed. J u l y 13 & Sat J t i 1 y jr), 1994 and which was issued on J U 1 y 13, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this / day of'A.D 19 ?el V. A. TODD MY COMMISSION EXPIRES December 5,19% Publisher's fee $ 4 5 . 0 0 ARY PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen Cifj:, I Council adopted the following ordinance ati, their regular meeting held on Thursda? �1 July 7, 1994 (Title and Penalty Clause, L only): h+ i 0rdmance 'No� 1267-7-94:'An Ordinance_ of the City of Allen, Collin County, Texas,o Amending I Comprehensive i ZoningOrdi.A nance No. 829-11-87, as Previously, IAmended, to Change the Zoning from Local Retail (LR) and Residential Four (R4) to Shopping Center (SC) and Resi- dential Five/Restricted (R5/R) and Resi- dential Four/Restricted (R4/R) Zoning on*, the Following -Described Tracts of Land: + 78.8534 Acres in Abstract No. 777 of the J:^ I T. Roberts Survey and in Abstract -Noz! 1026 of the Henry Wetsel Survey, City of• ,Allen, Collin County, Texas; Providing for -I `. Land Use Plan; Providing for Restrictio_ ns 9 Providing for a Penalty of Fine not to Eic- 1ceed the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for I 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 Comprehensives, IZoning Ordinance No. 829-11-87 of,the; City of Allen as heretofore amended, and j i upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. A copy of this ordinance may be read,bfl purchased in the office of the City Secret --I ary, City of Allen, One Butler Circle, Texas)J 75002-2773. Jt /s/ udy Morrison J _City Secretary CITY OF ALLEN PUBLIC NOTICE I Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, July 7, 1994 (Title and Penalty Clause I only): J Ordinance No. 1267-7-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- I nance No. 829-11-87, as Previously Amended, to Change the Zoning from Local Retail (LR) and Residential Four (R4) to Shopping Center (SC) and Resi- dential Five/Restricted (R5/R) and Resi- dential Four/Restricted (R4/R) Zoning on the Following -Described Tracts c Land: 78.8534 Acres in Abstract No. 777 of the J. T. Roberts Survey and in Abstract No. 1026 of the Henry Wetsel Survey, City of t Allen, Collin County, Texas; Providing for ILand Use Plan; Providing for Restrictions; I Providing for a Penalty of Fine not to, -Ex- ceed -the Sum of Two Thousand Dollars ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for tthe Effective Date of Said Ordinance. - That any person, firm or corporation violat- ing any of the provisions or terms of this I Iordinance 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 p not to exceed the sum of Two Thousand Dollars ($2,000.00) 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, Texas, 75002-2773. /s/ udy Morrison i. f Citv_Secretary _ s BUCKINGHAM POLO CUB ESTATES (UNI ECORDED) r r � r EXISTING AND AODELORES JOAN MAL(�N AND (D.R. �� UNITS AC. )R4/, RESIDENTIAL BARBARA MALONE SHELCREN 6.8557 ACRES TOTAL 3.097 ACRES I Lot 2 1 Lot 3 I Lot 4 Lot 5 Lot 6 Lot 7 I Lot 8 I Lot s I Lot 10 V.10571 x',112 I I I I I I I I I MINIMUM LOT WIDTH 70' I I 1 MINIMUM LOT DEPTH 110' N89953'46" 456.16' N89"39'38 349.59' 349.59' , N8 *45'00"E �..� 613.97 �,. �, ., N8 °58'2-1 "E 292,56' --- --. �. _ '`-S.I.f�. F.I.R. F.I.R. F.I.R. F:11 MINIMUM LOT AREA 9,000 SQ. FT. --BLK 'A' 27 I ! MINIMUM DWELLING LIVING AREA 1,500 Q. FT. 22 23 24 25 26 I'�1r �.I.R. V16 .... ! 4/R. RESIDENTIAL 6.8557 ACRES (MIN. FLOOR AREA OF DW . LLINC: 1500 Q.F�T. 28 MINIMUM FRONT BUILDING LINE = 25 � �, _I e � MINIMUM REAR BUILDING LINE = 1 _ a __ __ / r '- - .9 I 29 �.. S.I.R. S89053' 40"W ..� .. .........- - .,..,...,.. -- - ... .. ....,, .... .... ... S.I.R. � _ MINIMUM STREET SIDE BUILDING LINE 15' A I� C IIS 8 T C T. � � N 89 �53' 4� 1451.93' 30 R -5/R. RESIDENTIAL 1 13 I 12 I 11 I10 . 1 co 31 I 59.2907 ACRES TOTAL i - .ry j' I 04 n MINIMUM LOT WIDTH = 65' -.. 32 9) I 1 I: BLIP 'A' MINIMUM LCT DEPTH� 110, � N68°43'1(�'.�E � ��-- 1 .7 1 8 I 9 _... 22.633' , I V) 00 MINIMUM LUT AREA 7,500 SQ. FT. ! MINIMUM DWELLING LIVING AREA = 1,500 SQ. FT. 1 S.IR I S.Q.R. WEST MINIMUM FRONT BUILDING LINE 25' �`-; ( 165.11 S.I.R. 1650 , 1 S.I.R. .� -S.I.R. i MINIMUM REAR BUILDING LINE � 15' MADWAT DR. EASTA. MINIMUM STREET SIDE BUILDING LINE - 15' NOTES:X76 d 1.) ALL RIGHT--OF—WAY ALIGNMENT AND DEDICATION t� SHALL COMPLY WITH CITY OF ALLEN REQUIREMENTS. "SC'sSHOPPING CENTER 2.) AT THE TIME OF DEVELOPMENT OF THE SHOPPING CENTER 1 9 1 10 1 11 1 12 1 13 r k�D-// S.'.R. TRACT, THE DEVELOPER SHALL CONSTRUCT AN 8' HIGH 14. 12.7060 ACRES TOTAL MASONRY SCREENING WALL ALONG THE EAST AND NORTH LINE OF THE SHOPPING CENTER TRAC,r — _ _ _ __ _ 49 -� I ABU -r TING -r�� RESIDENTIAL. W _ p - — - -_-_ . - `= __ ' / R I I N TIAL. 59.2907 ACRE e ALLEN NORTH ADDI1°IN- --. _ .__ I -._ ___ (MIN. FLOOR AREA OF DWI LLI N C. 1500 SQ. � F. ) F�''✓� �j�\ f1 �i 1s�1 i . , I I r I 1 r' I 1 1 AE _ 1\ E I \ � ..,J / 27 1 26 1 25 24 23 22 21 20 1 19 1 I I 1 15 , — 48 �r // ,✓ 1 17 16 ^D 0 U I R E CT. -. r :° 01-- LO 46 . 10 �- _ I_ I _ I_ _ I_ I i I 1 1 1, 29 1 30 I ,_S1 1 .32 I 33 1 34 1 35 I .36 1 3l 1 38 1 _ 1 1 41 1 42 1 43 i 1 � gra �,� cn (0 i/ / i 1 39 40 44 1 45 r .. c j LD 1 r- � LK B � � I � ! _ 7 05 _.... S.1.R. iN S.I.R. � I � I � 1r) tom- - 9010'44" ' R -= 4a.00' T 40.13' I w C7I i / L = 62.9 6' c I C w n v1 I I 0 ! "(10� (6 ( Lei v� Ln i co LO L0 LL_ l / ! 0 r ° I 06 I V) 'SSC" SHOPPING CENTER 12.7060 ACRES V) 0 � I Q)r I Ld 0 I Ld .r cn I r/ I I L ! ! � I ordinance No. 1267 i TO BE DEDICATED FOR IDENING EXCHANGE PARKWAY S.I.R.S.I.R. F.►.R. WEST 1060.71 WEST 2627.29' ca X C H A N G E PARKWAY ABSTRACT No. UNRLATTED i co i I I I I 1 I I i I I I I I I BLOCK A 1O I 11 1� i 19 30 t,� 12 I 13 24 I 25 36 1 37 FOUNTAIN DARK EAST N�. 3 9 i i 12 17 I i 20 11 I i 14 23 I i 26 35 I i 38 E 1 1 I 29 I CD I 2 I l _' I I ABSTRACT No, 324 1 I i 978 I i I I I I I I I UNPLATTED I 1 i -� LAND U PLAN I I I I c� I I I i EXI STI G R— ' ' 78.8524 ACRE TRACT J.T. ROBERTS SURVEY, ABSTRACT No. 777 I I I I I I I I I I I I HENRY WETSEL SURVEY, ABSTRACT Na. 10126 I 1 0 I I I I I I 1 I I CITY OF ALLEN, COLLIN COUNTY, TEXAS HIGH N1 ADO S Nva, 2