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Home My WebLink AboutO-1453-9-96ORDINANCE NO. 1453-9-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-8-96, AS PREVIOUSLY AMENDED, TO ESTABLISH PERMANENT ZONING ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 163.08 ACRES OF LAND LOCATED IN THE JOHN SNIDER SURVEY, ABSTRACT NO. 848, CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, AS FOLLOWS: "R -5(C)" ON 112.51 - ACRES OF LAND, "R -7(C)" ON 25.0 ACRES OF LAND, FLOOD PLAIN/SHOPPING CENTER (FP/SC) ON 20.69 ACRES OF LAND, AND COMMUNITY FACILITIES (CF) ON 4.6 ACRES OF LAND; PROVIDING FOR EXHIBIT "A" LAND USE PLAN; PROVIDING FOR EXHIBIT "B" DEVELOPMENT STANDARDS; PROVIDING FOR EXHIBIT "C" LEGAL DESCRIPTION; 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 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. 1425-8-96 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. 1425-8-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by revising the Zoning Map of the City of Allen to establish permanent zoning on 163.08 acres of land located in the John Snider Survey, Abstract No. 848, City of Allen, Collin County, Texas, with the following zoning classifications, to -wit: "R -5(C)" on 112.51 acres of land, 'R -7(C)" on 25.0 acres of land, "FP/SC" on 20.69 acres of land, and "C -F" on 4.6 acres of land. SECTION 2: The land use plan attached hereto as Exhibit "A" and the development standards attached hereto as Exhibit 'B" are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The property described in Exhibit "C," attached hereto and made a part hereof for all purposes, shall be used in the manner and for the purposes provided for as approved herein. SECTION 4: All ordinances of the City of Allen in conflict with the provisions of this ordinance 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: 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. 1425-5-96 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 19TH DAY OF SEP=ER .1996. APPROVED: rt--- KcviftL. My, MAY TJ APPROVED•FORM: SECRETARYlae; Ordinance No. 1453-9-96 Page 2 1=rTo _=0 V. LEE MOORE JR. TRUSTEE BETHANY CREEK ESTATES Taltor L Mason MD. City of Allan Jurisdiction Area Ordinance No. 1453-9-96 CITY OF ALLEN R — 5 Mario Smith BETHANY LAKES PARK C.A.J.A C F EHhibit BETHAN Y ; DRIVE _SL*Eag'42' 5317w50` 04 Acres 1.11 Row. an of OW 5.02 Acres of 1-0.111. L4is Smith Williams slo 31 Z4 HfTERMANDECOI �O P D 2 2 *FP C:11 tell 6C5 'R 5 29NING 112.51 ACRES MA)UMUM 610- 7 §0NINIG 605— S a� 3.6 DIUIPIAc 25.06' RES A) UM / C MAMMUM 403 UNITS 4.8 DI Ac. -MA�MUM 120 UNITS (C) DAWNELL SHELLEY SHOPPING CEAf TERIF P A 0 d - bill' N - ) 14.91 Acres' Gross o! 13.22 Acres Not (C); rEX DEVELOPMENT z PD— 22 [j J\ — — — — — — — — — — — — — — _\ — — — — — — — — — — — — — — — — — — — J7 — — — — — — -- — — — — — — — — 7L — — — — --- — — — — — — — — — — — — — — — — — — — S — — — — — — — — — — — — — -- — — — — — — — — — — !0* TWW_D.j-T_j__a5 ACR�5 50'N.T.W.M.D. ESMT. 0.921 ACRES ESUT. _417,'�� N PWOV 1534l.60- el0 'b i 660 KENNETH 0. BOLLN FOREST F. BOLIN A 0 A 0 ZONING BEDELL EXHIBIT L� T R A C T 163.08 ACRES ALLEN .9 TEXAS OWNER IRENE HAGGARD BEDELL 2205 W. Lucas Rood — Allen. Texas 75002 — ENGINEER — TIPTON ENGINEERING, INC. 6330 Soft Line Rd — Sulte C — Garland. Texas 75043 DEVELOPMENT STANDARDS BEDELL TRACT 163.08 ACRES ALLEN, TEXAS 1. The City of Allen will waive any future park fees in lieu of the developer's dedication of the 4.6 -acre park site. The depth of this park site shall be a minimum of 400 feet south of the future Bethany Drive right-of-way. 2. The Shopping Center tract will be repsonsible for construction of a public access drive, at the time of final platting and site planning of the property (inclusive of all drainage and utility requirements), extending through the park from Bethany Drive to Allen Heights Drive meandering along the flood plain. The drive width shall be a minimum of 24' face to face and a maximum of 31' face to face. This road will meet the City of Allen standards and the design and location will be approved by the Parks and Recreation Department, along with the City's traffic consultant and City Engineer. 3. The Shopping Center Tract will be required to construct the eastern half of Allen Heights Drive as it pertains to the frontage of the shopping center and to community facilities/flood plain frontage. The residential development shall be responsible for Bethany Drive construction from its eastern boundary of development to the intersection of Allen Heights. They will have this responsibility with platting of the first phase of development. 4. The .48 acres at the corner will be restricted to signage use only for the Shopping Center and will comply with City of Allen sign regulations. 5. The residential R-5 property shall be restricted to a maximum of 403 units, and the R-7 property shall be restricted to a maximum of 120 units. 6. The right-of-way for Bethany Drive and Allen Heights shall be platted and dedicated to the City of Allen within thirty (30) days after zoning is effective. The park will be platted and dedicated with the first phase of residential development Ordinance No. 1453-9-96 Enhiibit 111 ' FIELD NOTES _ BEING a tract of land situated in Collin County,Texas and being 4247.FLD g part of the John Snider Survey, and being a re -survey of the same land conveyed by Mrs. Milton Whif the o John M. Whisenaut, deed dated December 12, 1949 recorded in Volume 408, Page 284 of the deed records of Collin County, Texas and being more particularly described as follows; BEGINNING at a stake in the northwest corner of the said John Snider Survey, said stake being in the Southwest corner of the Simon Burns Survey, at the intersection of the center lines of two county roads; THENCE, S 89' 42' E, with the north line of the John Snider Survey, a distance of 5317.6 feet to a point for corner; THENCE, S 00' 20' E, with the east line of the John Snider Survey and the -middle of the county road a distance of 1323.00 feet to a point for corner; THENCE, N 89' 54' W, a distance of 5341.6 feet to a point for corner; THENCE, N 00' 42' E, with the middle of said county road a distance of 1342.8 feet to the PLACE OF BEGMING and containing 7,103,764 square feet or 163.08 acres of land; Ordinance No, 1453-9-96 Enhibit "C° 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 Fllod Plain Snoppinq Center of which the attached Is a true and written copy, and which was published In THE ALLEN AMERICAN on Auaust 21. 1996 and which was Issued on Auaust 21. 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publica n is attached hereto. SUBSCRIBED AND S ORN to before me this / 7 day, A.D. 19�� NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publishers fee S 22. I. LL MY COMMIES0 EXPIRES j ?= December 5, 1996 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, September 5, 1996, at 7:30 ,p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to consider Flood Plain -Shopping Center, Community Facilities, Residential -7(C) and Residential -5(C) zoning for a 163.08 acre tract of land owned by Irene Haggard Bedell. This request is on property described as a 163.08± tract of land, being Tracts 15-9 and 15 in the John Snider SurveyAbstract No. , being located at tfurther ouch ast comer of Allen Heights Drive and Bethany Drive. 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. /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 Ord. #1453-9-96 of which the attached is a true and written copy, and which was published In THE ALLEN AMERICAN on September 25 & September 28, 1996 and which was Issued on September 25, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication Is attached hereto. SUBSCRIBED ANWORN to before me this day , A.D. 19Al NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 6 3 . 0 0 Y' V. A. TWD -.4 MY COMMISSION EXPIRES December 5, 2000 cc(iC� >,.-- -> 0YcoDLooa 3Q >a�E ori oi�EJaa EdJ= W to acia o CO w �(>0 CLOD m on � a -U a2U C o ` ` w 0Qc>�9y�doaa»w>.o-E C; U�C CU-aQ N O10 U CC) alrj oornE O C O J O Q C O Lo O C C Q J W O W 0 0 W = (n W LL Oa CO CO -:EC, j 8 r> O O a C i te- _J �-. O O) V9i .� O) ai -- C =CCd -LCo >>ZIa)Q a) =_ 0.LL XO O V a7� OGv x > o0v a, r- -6.r- 5-6:< W 2aW o a�oY0d 0. 00 �(� >, C JC Z co O P 00NOO atca to 'C a3 Y 0 7 0 0 y m p LL C .� C O a C y N O N C_ cN oN n7 c yv OLL> c O > d C a) 60'mo- cF- JQUQJrn caarnoLLHOU6 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allenl City Council adopted the following' ordinance at their regular meeting held on Thursday, September 19, 1996 (Title and Penalty Clause only): Ordinance No. 1453-9-96: Ani Or mance o t amity o Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 1425-8-96, as Previously Amended, to Establish Perma- nent Zoning on the Following -Described Tract of Land: 163.08 Acres of Land Located in the John Snider Survey, Abstract No. 848, City of Allen, Collin County, as Follows: "R -5(C)" on 112.51 Acres of Land; "R -7(C)" on 25.0 Acres of Land, Flood Plain/Shopping Center (FP/ SC) on 20.69 Acres of Land, and Commu- nity Facilities (CF) on 4.6 Acres of Land; Providing for Exhibit "A" Land Use Plan; Providing for Exhibit "B" Development Standards; Providing for Exhibit "C" Legal Description; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. 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 Compre- hensive Zoning Ordinance No-. 1425-5-96 of the City of Allen, as heretofore amend- ed, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary C 3d L W=arnCmU C MC -0 a)C0C Q - 'O d0 N Y0� y�tl 0 "T a) aE 06 a) C 6 0) 7 >, m a7 0 3 -" o O U �. y. '` O w.0 (n 62N C. E� G » �m Z �o .`O a3y0O� > da> Q Oto Z5 N O W N C 75 U J OOU>,U �vrn �U 0vY C CO o0 0 c� 3dC o yU m TatZaxi ZYSOC - U oma cc(iC� >,.-- -> 0YcoDLooa 3Q >a�E ori oi�EJaa EdJ= W to acia o CO w �(>0 CLOD m on � a -U a2U C o ` ` w 0Qc>�9y�doaa»w>.o-E C; U�C CU-aQ N O10 U CC) alrj oornE O C O J O Q C O Lo O C C Q J W O W 0 0 W = (n W LL Oa CO CO -:EC, j 8 r> O O a C i te- _J �-. O O) V9i .� O) ai -- C =CCd -LCo >>ZIa)Q a) =_ 0.LL XO O V a7� OGv x > o0v a, r- -6.r- 5-6:< W 2aW o a�oY0d 0. 00 �(� >, C JC Z co O P 00NOO atca to 'C a3 Y 0 7 0 0 y m p LL C .� C O a C y N O N C_ cN oN n7 c yv OLL> c O > d C a) 60'mo- cF- JQUQJrn caarnoLLHOU6 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allenl City Council adopted the following' ordinance at their regular meeting held on Thursday, September 19, 1996 (Title and Penalty Clause only): Ordinance No. 1453-9-96: Ani Or mance o t amity o Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance No. 1425-8-96, as Previously Amended, to Establish Perma- nent Zoning on the Following -Described Tract of Land: 163.08 Acres of Land Located in the John Snider Survey, Abstract No. 848, City of Allen, Collin County, as Follows: "R -5(C)" on 112.51 Acres of Land; "R -7(C)" on 25.0 Acres of Land, Flood Plain/Shopping Center (FP/ SC) on 20.69 Acres of Land, and Commu- nity Facilities (CF) on 4.6 Acres of Land; Providing for Exhibit "A" Land Use Plan; Providing for Exhibit "B" Development Standards; Providing for Exhibit "C" Legal Description; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. 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 Compre- hensive Zoning Ordinance No-. 1425-5-96 of the City of Allen, as heretofore amend- ed, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary C 3d L W=arnCmU L fii O ON j 0 a. O YV y�tl 0 "T a) aE 06 a) C 6 0) 7 >, m a7 0 3 -" o O U �. y. '` O w.0 (n 62N E CO v O T, 9) d L L C U EV y cL ICON C X00 ,0 \U .`O a3y0O� > C C O Q a- C Co' U X N Y y O.- CF O- y0OC 5 O- Q M no CD cu mQ 0 ° o �vrn C CO o0 0 c� 3dC o yU m TatZaxi mmC N2 �va, CD yaio2c - Litiod n )cco�OcOa�c H— co E c o o Q U O NL 5- 0 a)aH 0 OrnQ