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Home My WebLink AboutO-1281-9-94ORDINANCE NO. 1281-9-94 AN ORDINANCE 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 OF PLANNED DEVELOPMENT NO. 56 ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 57.6 ACRES OF LAND LOCATED IN THE JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, CITY OF ALLEN, COL LIN COUNTY, TEXAS; PROVIDING FOR AREA AND USE REGULATIONS; PROVIDING FOR A LAND USE PLAN; 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 VULLEREAS, 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 changed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by changing the Zoning Map of the City of Allen to establish permanent zoning of Planned Development No. 56 on 57.6 acres of land located in the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas. SECTION 2: The area and use regulations, attached hereto as Exhibit "A," and the land use plan, attached hereto as Exhibit "B," are made a part hereof for all purposes and shall be adhered to in their 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 "C" attached hereto shall be used in the manner and for the purposes provided for as approved herein. 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 ($2,000.00) for each offense. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 7: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 1ST DAY OF SEPTEMBER , 1994. APPROVED AS TO FORM: A. Do Crowder., CITY ATTORNEY Ordinance No. APPROVED: lP Jbe Farmer, MAYOR ATTEST: Mo n, CMC, CITY SECRETARY 1281-9-94 Page 2 i d • McDERMO T T RANCH SRI," Q• PD6A Pl1D `' - - — � — � M6D Etchanyd R{{.Y'„•� q oti MW Meowr++��l �� MaD _�• --_ - •--�� TE p PW Q i Map \� 0.4 Rd. It-ft 2 � V L . LOCATION MALS N.T.S.co ZD 38 8 . - A --C UOi :,:.... L0 O i.... ;:. BUBO TRI I qT M. McDERY0 TT 7 �Isr K&M 2i, f-„< .O �f3� tO.i�$ �•:�'b�f`i. y�>: � '�iiit 4x's N, 3: a .......... 0 r%, co rco C-) 1 70 AL 3 : f •✓ �ffi� a y;. •14.. .. , % .... . ,... .. �.. r.,,... r.a� � a � - ' Proposed 5' wide strip :;• to the State of 7exa3 5 _ f -- 25'x25' Easement to Ensearch Corp. (Lone Star Cas Co.) (Vol, 3652, Pq 371) - 30'x65' Southwestern Bell Telephone Proposed 5' wide strip Co, Equipment Station Easement to The State of Texas rt ' (Vol. 2482, Pg.40) 13 q I Nth 40 34 W 1930-81 64.89 i - -_ C ROAD 0. W �USTER �. M. HWY. 4�� iig McDERMOTV CUSTER - LEWISLEWIS JOIN T VEN TURE;4” tf�,.r'"'rf.S�C�� fsf"'lai��y�. y �.."i�? %fFy }zF`•{f i� I '•�'-� '$rye ,S f ,c l' �#ff l f ,rj' ti r f � � `^'v' � f rf - ----- - ---- � I Ordinance NO. 1201-9-9 Flat Plan� � ,1 Enh�bdt Land Plan For MCD RMOTT & CUST R S CORN R Allen,Texas 57* Drogheda P Fundl', LTA ARCHITECT/ PLANNER Mr. John Glad, RA GLAD ASSOCIATES 21 Turtle Creek, Suite 1611 - - - 3883 Turtle Creek Blvd. 0 50 100 200 FEET Dallas, Tx 75219 . Phone: (214) 521-2553 Fox: (214) 5221-7437 19 August 1994 1 September 1994 Council Meeting PLANNED DEVELOPMENT ZONING DISTRICT Southeast Corner of Custer & McDermott (FM 2170) Allen, Texas Applicant: Consultant: DROGHEDA PARTNERSHIP FUND, LTD. c/o Kendall Land Corporation 5526 Dyer, Suite 232 Dallas, Texas 75206 GLAD ASSOCIATES Architecture, Planning & Real Estate Consulting Program Management Inc. 21 Turtle Creek, Suite 1611 3883 Turtle Creek Blvd. Dallas,Texas 75219 Ordinance NO. 1281-9-94 EHhibit "B" 57.566 ACRES OF LAND CUSTER / McDERMOTT, SOUTHEAST CORNER ALLEN, TEXAS PLANNED DEVELOPMENT STANDARDS PROPERTY: Southeast Comer Custer & McDermott (FM 2170) Allen, Texas LAND AREA: 57 566 AC LOCATION: Western most boundary of Allen bordering City of Plano LAND USE SCHEDULE: LAND AREA CLASSIFICATION ZONING TRACT (ACRES) LAND USE CF 1.5 Community Facilities (Public) LDR 38.8' Single Family Residential C 17.3 Shopping Center TOTAL SITE: 57.6 AC `Including approximately 2.5 AC of open space allocation 1 I M . 57.566 ACRES OF LAND 2 CUSTER / McDERMOTT, SOUTHEAST CORNER ALLEN, TEXAS PLANNED DEVELOPMENT: SUMMARY The subject properly is located at the east boundary of Plano along McDermott Road, FM 2170. The property is prominent in that it is the west portal to the City of Allen. This planned development zonings describes four mixed landuses. They are neighborhood retail (C) Shopping Center), single family residential (LDR), and a community facilities (CF) property planned for public utility needs for the City of Allen. ZONING SCHEDULE LAND USE DENSITY ALLEN ZONING LAND USE CATEGORY ACREAGE DU/AC * ORDINANCE/SECTION CLASSIFICATION C 17.3 NA Sec. 3.01 (P) Sc CF 1.5 NA Public, Sec. 3.01(Y) CF LDR 38.8 4.6 Sec. 3.01 (E) SF -3 (1) (OS) (2.5)* NA Sec. 3.01 (X) — Approx. (1) (2) ' This approximate acreage is included in the LDR land area. NOTES: (1) Maximum allowable density wherein this zoning district may allow a density less than stipulated (refer to Land Use Section). Dwelling Units Per Acre M. MaDOWT AO uNIJtp'l:43,20,19,.� *DfR110r� Cf/STCR 10VN1 PD -457-R Lb0[RM rr RAMar ETJ ulcer PD -169-R opwo /RUST ETJ CF -m r--msr- rti7s�r LEMS SF -6 Plot Plan + Land Plan For MCDERMOTT & CUSTER • SE CORNER AIIen,Texas 57.6 AC Drogheda Partnership Fund, LTD arrw+r rr—� I.�iu • r .w ,r v 7.22.94 w I� r' 4 57.566 ACRES OF LAND CUSTER / McDERMOTT, SOUTHEAST CORNER ALLEN, TEXAS LAND USE ZONING The Land Use Plan and the zoning regulations herein comprise the zoning and development standards for this Planned Development District. TRACT CF: Community Facilities (Public), 1.5 Acres The purpose of this tract is to place land into public use to provide for future facilities related to public utilities. This tract will be dedicated to the City of Allen at the time of platting either Tract LDR, or Tract C. The schedule for dedication of TRACT CF at platting shall be subject to the following: a. Dedication of said lands will be completed within five (5) business days from the date of final plat approval of either TRACT LDR or TRACT C. b. Should the City of Allen need the water storage site before any portion of this property is platted, the City of Allen may require the dedication of said site., If the City of Allen fails to complete the construction of the water tower within two years of dedication, then ownership shall revert to the property owner and will be zoned as Community Facilities, and the requirements of the paragraph (a) above shall remain intact. 5 57.566 ACRES OF LAND CUSTER / McDERMOTT, SOUTHEAST CORNER ALLEN, TEXAS TRACT LDR: Low Density Residential, Single Family, Approximately 38.8 Acres This tract has been developed to permit a maximum density of up to 4.6 DU/AC: notwithstanding that all Single Family Residential District Regulations of the City of Allen Comprehensive Zoning will be applicable based on the density equal or less than the 4.6 DU/AC criteria governing this tract. Generally, the Section 3.01 (E) R-5, Single Family Residential District shall regulate TRACT LDR except as modified herein. SECTION 3.01 (E) R-5 Shall be amended herein to allow the following: a. SIZE OF LOT; the minimum lot area shall be 5,500 SF, notwithstanding the referenced density criteria stipulated herein. b. LOT WIDTH; the lot width shall be not less than fifty (50) feet at the front street building line, nor shall its average width be less than fifty (50) feet. c. LOT COVERAGE; in no case shall more than sixty (60) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Any use permitted in the R-4 Single Family Residential Distriet is also allowed within Tract LDR. TRACT C: Shopping Center, 17.3 Acres This tract provides for a medium intensity concentration of shopping and related commercial activity developed in accordance with the "SC" Shopping Center District Regulations, Section 3.01(P) of the City of Allen Comprehensive Zoning Ordinance. The Floor Area Ratio (FAR) shall be reduced from the maximum allowable FAR of .25:1 as per Sec. 3.01 (P) of the City of Allen Comprehensive Zoning Ordinance, subsection 4.c. The maximum allowable FAR shall be 0.2:1. This is also a reduction of 0.05:1 from the typical FAR for SC, retail and office uses, identified in TABLE 18 of the 1992 CITY OF ALLEN COMPREHENSIVE PLAN. N 57.566 ACRES OF LAND CUSTER / McDERMOTT, SOUTHEAST CORNER ALLEN, TEXAS OPEN SPACE ALLOCATION As per the city of Allen Comprehensive Zoning Ordinance, Section 3.01 (X) "PD" PLANNED DEVELOPMENT DISTRICT REGULATIONS, subsection 4; Area Requirements; one (1) acre of land shall be designated and appropriately developed as open or recreation space, for each seventy-five (75) dwelling units. (1 AC / 75 DU). Notwithstanding the aforementioned criteria, in this planned development the minimum open space allocation on this site shall be 2.5 acres. The OPEN SPACE CONCEPT for this PROPERTY shall be generally described as follows: a. TRACT CF at 1.5 acres shall be designated as contributing one (1) acre to the total open space requirement as this property could remain vacant for a period of five (5) to seven (7) years; as indicated by City of Allen Engineering Department. b. TRACT LDR shall be considered the zoned area contributing the balance of the open space allocation required; a minimum area of 1.5 acres. c. The location of the open space shall be associated with the residential TRACT LDR. Open Space Designation will be subject to the following: d. Location, approximate configuration, and utility of open space will be determined solely by the City of Allen at the time of platting any property in this planned development; and be one of the referenced open space concepts 61, B2, or B3. e. Ownership and development of said open space shall be generally with the landowner/applicant subject to dedication of the required 1.5 acre area as follows. At platting the City of Allen will have the option to refuse dedication and ownership of the open space; denial or acceptance of maintenance responsibility; or to waive the requirement for open space within this planned development. f. Density factors for the respective zoning tracts shall not be altered or diminished by designation of this required open space allocation. Said allocation is believed to be offered as an amenity to the residents of this PROPERTY and to set a standard for environmental integration of subdivided lands with a recreational and/or natural experience. g. An integrated open space allocation may be achieved where adjoining property, TRACT C and TRACT LDR, elect to submit site plan(s) for preliminary plat approval illustrating coordinated access to the required open space. However the approval process for each applicant shall not be delayed subject to circumstances where the City of Allen may desire to have joint development of these separate platted lands, based on their relationship to the open space. Respectfully Submitted John J. Glad, GLAD IIS � 1 j � I O � V M Ir. r , a1 r.r�:..:'i...... I .... !O'9, I!'F 11719., 7 - JOHN HUFFMAN SURVEY, ABSTRACT NO. 416 Cwarr..lw 1rr.• w / 1 2,507,590 SQ. FT. / 57.566 ACRES �\ `I .~.'� w.. .... t _(:f,rral 1190.4 CU9T[R R[1\D_T rF.M NV>t RITZT u -4I l.D r�11.1 •Ip a11Y•I11111\I tv� a��•• 11 „�r ~�� EXHIBIT A 2.507,590 SG. FT 1 57 5EE ACRES L E G A L D E S C R I P T I O N w• . w.<r •I yy r�r.r w ^. XMw Milt IY+r \l/NI r +U I MCt I,O • I \ CDIII. 4 lw.w.•^w^r.rrrMfaN\••N `w w.CIXllw Cxn0... lbs_«•^y/�r ll\ 11.r ^. rl. \�..w ... wn •.r • tpa nf. w. coalwrc....�n o..•Il.�.. rr .r., .....r •....nrwr «rr... ROwrrO.r•a.. wYry lY •w_^MM^M•I,.•M IO\It].. Y O.IwCD IfOwell(\ •rG • INI • \. p\'. COalw C....,I O•.• 1►rw•. w ♦r) • \r •., rM w.. I\ wcyw I n1 ]f M 1Uf la rrlr.w.wrrsw._ rrr^r ♦.^\^Ir 1..1Yr.r Cu.rw lWr IlY _, ) Ifw M, .M rr,.r .r _•,I Y rfe101.0 r\ bw.. M,rw .rn ^. I..rM.r rr C.. ^. tib •w.rwc.«IflO •• T1 • •Wr f�N .r. n •« N. ..rw....l M N 1 \ ti ..rr..r. I ••••\ ^ Ww M •r YCOw..�.. •�. . � ...r . •.... ..w I _r.. wfn. « _•Tt .r1N ]\ M• Y~]I\]ws.. M .M ti...�l.. •w.rf~i..• ..nM.•••4� 0..wr�l 11.��I.Yn C C LIN •wf « Y.r \rwa.l Y YYT Y.Ornrrl \r M ^ r•♦r /p tiw Dll1r1 w^I1 OII ♦q •«wr. I f1eeLT[ l l M b .r, b •r l •rwf ^. w«r rr « wr \f I I r w. n..l • w,r.nr •I « Mr w • w.•n 1w r.�r 1 1 lalflal�r.l N.,•. .)•« l Ir^r.r.f rrf �. w,.r ^.•«rrN Ilr w.•«I •v N 1 t at N Irr r ^• wORr Or lOwrw. ur• tru..^f t p t \p Y+• ,«I « \ r \N .o rr ww. w Y« n / y • sr C.— SURVEYORS CER TIF IC ATION inn a tee+\ I C cowl, a C.L. 1 r TO WALl•Y n Mfg+ r \ lUM M\OII \rrn '4r' ' Iw a\rro•al L••ocwroMtlow 'ar.wr' Ia Ir0\artt 11•rlOn•a nRl AO\xr r.0 tr C..r..1' _ -- ___ IwOw.r• D r.Y • •.lrrr r.♦I«.r.r lam. F•w.w r .•r a• NT.MII.r rw,, .I. rr� w... Itr .rI .I r.. rr wr « _Irr. N IN •Y rw• n..n .. rrw. w ti C— G O—d M. 1 .+ A.4.f Tr..r Ir.• Frw.• •.r r G.nw.wnr IW Ir..nr. .pip \) fM \ t. INI ry r••rrl It w I.rwr I.r\...•a Yw.r...•nr +r...• 1 I l•ewflD .r. 1D r, fooO, L 1fQQM ��71 yy --._. Olrlrf0 pn ^..'r..�� rwa aur w.rw •�•c�•• ]r).ci 9.—.-0.ir Y17 F m w "at"N" POLICYMWAG n !(O R� p �l u •1q oinurr T t« a RtpiD .T. 57.566 ACRES D BOUNDARY SUR V F.Y JOAN HUFFMAN SURVEY, ABSTRA(T NO. 41 C COUAN COUNTY. TEXAS k Al F I' - IN- IIAIr r,l...«r • IM G I�If I'AM• II It IM FIDELITY NA'1'11)NAI 'Ill'LE AGf N('1'. INC. EXHIBIT Al EXHIBIT A.I. LEGAL DISCRIPTION 2,507,590 SQ. FT. / 57.566 ACRES LEGAL DESCRIPTION BEING a tract of land situated In the JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, COLLIN County, Texas, and being part of a 124 acre tract described in a deed from James L. Angle to R.E. Rasor, atal and recorded In Volume 389. Page 499, In the COLLIN County Deed Records, and 8130 being a tract of land conveyed to Lura Beth Smith and W.H. Razor, III, by deed recorded in Volume 1503, Page 18, In the COLLIN County Deed Records and being more particularly described as follows: BEGINNING at a corner fence post-1(5un 6r corner In the North line of a called 106.113 acre tract of land conveyed to OPUBCO �PERTIES. INC. by deed recorded In Volume 1561, Page 905 COLLIN County Deed Records, said point being N 87 deg. 39 min. 15 sec. W, a distance of 101.36 feet from the Northeast corner of said 106.113 acre tract, said corner fence post also bears N 87 deg. 43 min. W, a distance of 1349. 42 feet from the Southeast corner of said 124 acre tract; THENCE N 87 deg. 39 min. 15 sec. W. along the North line of said 106.113 acre tract of land, a distance of 1259.43 feet to a point for corner, said point being in the East line of Custer Road, (F.M. Hwy. 2478), (90 toot wide right-of-wayl; THENCE N 0 deg. 40 min. 34 sec W, along the East line of said Custer Road, a distance of 1930.81 feet to a wooden R.O.W. monument found for corner; THENCE N 43 deg. 20 min. 19 sec. E, a distance of 64.89 feet to a wooden R.O.W. monument found for corner, said monument being In the South line of McDermott Road, (F.M. Hwy. 2170), ( 100 foot wide right-of-way); THENCE S 89 deg. 52 min. 05 sec. E, along the South line of said McDermott Road, a distance of 1205.36 feet to a 3/8 inch iron rod found for corner, said Iron being the Northwest corner of a called 65.117 acre tract of land conveyed to Mary McDermott by deed recorded In Volume 790, Page 7%, COLLIN County Deed Records; THENCE S 0 deg. 43 min. 44 sec. E. along the West line of said 65.117 acre tract, a distance of 846.93 feet to a point for corner; THENCE S 0 deg. 59 min. 42 sec. E. continuing along the West line of said 65.117 acre tract, a distance of 1179.96 feet to the POINT OF BEGINNING and containing 2,507,590 square feet or 57.566 acres of land more or less. is Ordinance No. 1281-9-94 Enhibit HER LARGE BRA IN S FOR THIS ORDINANCE/ RESOLUTION NO* 1281-9-94 CAN BE FOUND ON CITY OF ALLEN 35MM ROLL NUMBERED 5. r�+ Urban Architecture Program Management Real Estate Analysis Development Planning 24 August 1994 GLAD ASSOCIATES Mr. Tom Keener, Development Coordinator Department of Community Development City of Allen One Butler Circle Allen, TX 75002 RE: Planned Development Zoning Application, City Council Approval PROPERTY: Southeast Corner Custer & McDermott Roads 57.566 Acres Dear Tom: On behalf of Drogheda Partnership Fund, LTD. of Dallas, Texas, we would herein resubmit the enclosed application for zoning the referenced property. This revised document includes recommendations by the City of Allen Planning and Zoning Commission where on July 28,1884 this application received unanimous approval. To the best of our knowledge this zoning request conforms to the City of Allen Subdivision Ordinance No. 12374-94 (Effective May 1, 1994), specifically Section 403: Special Planned Development Zoning Districts. We also assert that this zoning request is in accordance with the intent of the City of Allen's Comprehensive Plan. This planned development district as established herein, is a result of the collective effort of both the City of Allen Staff and the Owner in delineating the proper zoning on this property that embraces a unique landuse plan that will service the needs of Allen in a planned growth program. The Custer/McDermott intersection is a prominent entry portal into the City of Allen. This planned development shall begin to organize the opportunities Allen may realize in preparation for the future development of it's western border. We urge strong consideration of the value of the proposed and substantially revised landuse mix and densities requested. Custer Road falls within the City of Plano and Allen's opportunity is to equalize the value of development along this corridor, with consistent zoning. We applaud the stewardship that the City Staff has exhibited in this effort. We thank you, Tom Keener, Bill Petty, GeoApConnor and Sally Leeper in your collective service on behalf of your community. 21 Turtle Creek, Suite 1611, 3883 Turtle Creek Blvd., Dallas, TX 75219, Phone: 214-521-2553 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 57.6 Acres of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, August 10,' 1994 and which was issued on A u g u s t 10 , 19 9 4 by City - o f Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. (Q4LLc. SUBSCRIBED AND SWORN to before me this /I day of ,A.D 199�/- V. A. TODD My COMMISSION F_XPIRES December 5, 1996 Publisher's fee $ 15 . 7 5 PUBLIC in and for COLLIN COUNTY, TEXAS r ! CITY OF ALLEN t NOTICE OF PUBLIC HEARING I Notice is hereby given that the Allen City i f Council will conduct a public hearing at i their regular meeting to be held on Thurs-' day, September 1, 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 zone 57.6 acres of land for planned development zoning to include single family, commercial and community facilities districts. This request is on property located at the southeast corner of McDermott Drive (FM 2170) and Custer Road, being 57.6 acres situated in the John Huffman Survey, Ab- s stract No. 416, City of Allen,'Collin County, I Texas { Anyone wishing to speak either FOR or i AGAINST this request is invited to attend this public hearing and voice his or her opinion. I For further information, contact the Depart - f ment of Community Development, City of Allen, One Butler Circle, Texas, or by tele- phoning 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 #1281-9-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sept. 7, & Sept. 10,'"1994 and which was issued on Sept. 7,.1994 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SWO to before me this V. A. TODD ." M /A.D �9 *` MY COMMISSION EXPIRES _; •••~w" December 5, 1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 0 . 5 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 1, 1994 (Title and Penalty Clause only): Ordinance No. 1281-9-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to establish Permanent Zoning of Planned Development No. 56 on the following -described tract of land; 57.6 acres of land located in the John Huffman Survey, Abstract 416, City of Allen, Collin County, Texas; Providing for Use and Area Regulations; Providing for a Land Use Plan; and Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000) for each offense; Provid- ing 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 t upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. I A copy of this ordinance may be read or I purchased in the office of the, City. Secret- ! ary, City of Allen, One Butler Circle, Texas 75002-2773. /s/ Judy Morrison �C ty_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, September 1, 1994 (Title and Penalty Clause only): Ordinance No. 1281-9-94: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to establish Permanent Zoning of Planned Development NW 56 on the following -described tract of land; 57.6 acres of land located in the John Huffman Survey, Abstract 416, City of Allen,' Collin County, Texas; Providing for Use and Area Regulations; Providing for a Land Use. Plan; and Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand Dollars ($2,000) for each offense; Provid- ing 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 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/ Judy Morrison City Secretary