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HomeMy WebLinkAboutR-750-10-86RESOLUTION NO. 750-10-86(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE PROPOSED ZONING ON 144.012 ACRES OF LAND, DIRECTING CITY STAFF TO WORK WITH APPLICANT ON RESOLVING SIX SPECIFIC MATTERS PERTAINING TO SUBJECT PROPERTY, AND DIRECTING CITY STAFF TO PREPARE APPROPRIATE ORDINANCE(S) UPON THE FINALIZING OF THE SIX SPECIFIC MATTERS. WHEREAS, the Allen City Council has unanimously voted to approve the zoning package as recommended by the Planning and Zoning Commission, as submitted on a 144.012 acre tract of land owned by Hunt Properties, located at the southeast corner of Stacy Road and State Highway 5; and, WHEREAS, the Allen City Council identified six still unresolved issues related to the zoning case and instructed the Allen City Staff to work with the applicant to resolve these matters relating to the subject property prior to the adoption of the final ordinance, NOW, THEREFORE, BE IT RESOLVED THAT the Allen City Council approves the zoning on the 144.012 acres as proposed by Hunt Properties provided that the following issues are resolved: 1. The land use plan shall become an attachment and a part of the ordinance approving this zoning and shall restrict the MF -2 to 18 units per acre, 200 units maximum. 2. The dollar amounts of the pro -rata participation in the appropriate sections of the intersections shall be based upon estimates by the city engineer at the time of platting. 3. The zoning of the Garden Home District will have to be approved in a separate' ordinance and will have to meet the requirements of the "Garden Home" district as will be,approved in the city's Zoning Ordinance. This "Garden Home" permanent zoning ordinance on the subject property shall be placed on the City Council's Consent Agenda. 4. There will be a dedicated easement from the property owner, handled under a separate instrument, relative to water line construction and services where needed in that area. 5. The dedication of the deed for six acres of land for the community facility property shall be consummated under a separate deed instrument and shall be delivered to the city or the city's agent. RESOLUTION NO. 750-10-86(R) Page 2 6. Both the city and the applicant shall jointly pursue, in a cooperative manner, the obtaining of a court order dismissing all litigation existing between the entities and a refund of the funds that the city has advanced in that regard. DULY PASSED AND APPROVED BY THE ALLEN CITY COUNCIL ON THIS THE 2nd DAY OF OCTOBER , 1986. APPROVED: ATTEST: M w' -L " kn4� Marty Hendrix, CW, CITY SECRETAR CY AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Notice of Public Hearing - Hunt Properties of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 10. 1986 and which was issued on 9-1 n-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is at h er t . SUBSCRIBED AND SWORN to before me this Publisher's Fee $ 16.20 8th day of October , A.D. 19 86 Notary Publ and for Collin County, Texas 224 Legal Notices CITY OF ALLEN rNOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular Council Meeting to be field on Thursday, October 2, 1986, at 7:30 p.m., in ; the Council Chambers of the Allen Muni- cipal Annex, One Butler Circle„ Allen, Texas, to consider a request for permanent zoning from Agricultur-Open Space (A -O) to Shopping Center -(SC), Multi -Family 2 (MF -2), Multi -Family, with 18 units to the acre, Garden Home (GH), "R-4" Single - Family Residential; -and Community Facili- ties (CF), as requested by Hunt Properties. This request for permanent zoning is on 144.012 acres of land out of the James T. Roberts Survey, Abstract No..777, and the Henry Wetsel Survey, Abstract No. 1026, located at the southeast comer"of State Highway.5 and Stacy, Road. Anyone wishing to speak either FOR or AGAINST this request for permanent zon- ing is invited to attend this public hearing and voice their opinion. , Further information can be obtained from the Department of Community De- velopment, City of Allen, at 727-9171 or 424-7518 (metro). Marty Hendrix, CMC City Secretary TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, SEPTEM- BER 10, 1986.