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O-457-9-83ORDINANCE NO. 457-9-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: "PD" PLANNED DEVELOPMENT NO. 11, ON THE FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 183 ACRES OF LAND, MORE OR LESS, CONVEYED BY H. A. ROTHFUS AND WIFE, HALYE ROTHFUS, TO CECIL O. PATTERSON AS RECORDED IN VOLUME 397, PAGE 335, OF THE COLLIN COUNTY DEED RECORDS, LOCATED IN THE PETER FISHER SURVEY, ABSTRACT NO. 324, COLLIN COUNTY, TEXAS; PROVIDING FOR A PRELIMINARY SITE PLAN, DEVELOPMENT PLAN AND USE REGULATIONS; PROVIDING FOR A FINAL SITE PLAN FOR THE SINGLE-FAMILY DETACHED AREA; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City 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 the Comprehensive Zoning Ordinance should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 183 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes to give said tract of land the following zoning classification, to -wit: That the area be and the same is hereby zoned as "PD" Planned Development No. 11. Ordinance No. 457-9-83 - Page 1 SECTION 2. That the Preliminary Site Plan, Development Plan and Use Regulations approved as described as Exhibit "B" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of development of "PD" Planned Development No. 11. SECTON 3. That the Final Site Plan for the Single -Family Detached Area approved and described as Exhibit "C" attached hereto and made a part hereof for all purposes shall be adhered to in its entirety for the purposes of developing "PD" Planned Development No. 11. SECTION 4. That 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, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for as approved by the attachment of Exhibits "B" and "C". SECTION 6. 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 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTON 7. 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 8. That this ordinance shall take effect immediately from and after Ordinance No. 457-9-83 - Page 2 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 15th DAY OF September , 1983. APPROVED: z2 M. B. Pierson, Mayor ATTEST: Marty Hendrix, Ci Secretary APPROVED AS TO FORM: Ordinance No. 457-9-83 - Page 3 z O t 0 O Q w 0 cc w co LANDSCAPING AND GENUINE BRICK WALL WITH HEIGHT VARIATIONS ' /FROM 3' TO 5', WITH WROUGHT IRON ACCENTS. O m O I , EWE 6+4 J rm. 1 1 6 ITC N89'50'24 -'E EXCHANGE BLVD.` _– zrrvv.uu II I'll R ETA tL, , ` 1 MF T0INNHOUSE / PARK /9:4kAC. GR. foo 77 S N LE FA M I LY I I 1 RIVEERCREST BLVD. 60'R.0. _===J i� 3 09.4/'02'W -- ^�`� 1882.09' , 0 0 CD —=— North W . O' ` 200' 400' BOO' 0 --..--r 979.40' 11 W 10 P P, O 0 O M It 0 SINGLE FAMILY LOT DATA MINIMUM LOT SIZE MINIMUM HOUSE SIZE TYPICAL LOTS NUMDEP OF LOTS ('/o) 6'1 O 7500 1300 - , 81 7500 1400 I 19 103 7500 o+ I 1 U 11 W 10 P P, O 0 O M It 0 SINGLE FAMILY LOT DATA MINIMUM LOT SIZE MINIMUM HOUSE SIZE TYPICAL LOTS NUMDEP OF LOTS ('/o) NUMBER OF LOTS 7500 1300 66' x 115' 15 81 7500 1400 66' x 115' 19 103 7500 1600 66' x 115' ?5 5 139 8000 1600 70' x i15' 255 139 8000 i i 1800 i 70' x 115' i 15 I 81 NOTE I LOT AND HOUSE SIZES ARE IN SQUARE FEET. z--2-. HOUSE SIZES -ARE EXCLUSIVE -OF GARAGES, PORCHES AND BREEZEWAYS 3 PERCENTAGES SHOWN ARE TO BE DISTRIBUTED EVENLY THCt)r,Ntr1T SITE SINGLE FAMILY DEVELOPMENT AS IN R-5, WITH EXCEPTIONS ABOVE. TOWNHOUSE DEVELOPMENT AS IN TH DIST.. EXCEPT 1200 S.F.- DWELLING UNIT. ALL STREETS HAVE 50' R.O.W. UNLESS OTHERWISE INDICATED. ALL ALLEYS 16' R.O.W. ATTACHMENT TO ORDINANCE NO. 457-9-83, adopted 9/15/83 "EXHIBIT" Page 1 PLANNED DEVELOPMENT SITE PLAN ALLEN,TEXAS 142.9 AC. SINGLE FAMILY DETACHED- 543 UNITS 13.2 AC. TOWNHOUSE -106 UNITS 8.6 AC. PARK MURRAY DEVELOPMENT COMPANY 5580 L9J FREEWAY, SUITE 460, DALLAS.TEXAS 75240 DATE 8/4 / 83 REV. 8/16/83 ATTACHMENT TO DINANCE NO. 457-9-83, ado �d 9/15/83 Exhibit "A" SITUATED in Collin County, Texas, out of the Peter Fisher Survey, Abstract No. 324, and being a resurvey of a called 183 acre tract of land conveyed by H.,A. Rothfus and wife Halye Rothfus to Cecil 0. Patterson as recorded in Volume 397, Page 335 of the Collin County Deed Records, said tract being more particularly described as follows: BEGINNING at the northeast corner of the said Peter Fisher Survey at the intersection of two 30 ft. roads; THENCE S0003'50"E, 3570.60 feet along the east line of the said Peter Fisher Survey and along said road to the south- east corner of said called 183 acre tract; THENCE S89048'57"W, 978.40 feet parallel to and 5.50 feet north of an established fence line to a point for corner in a north -south fence line; THENCE N0001'07"E, 879.74 feet along said north -south fence to a fence corner post for corner; THENCE S89044102"W, 1662.88 feet along an established fence to a point for corner in the west line of the said called 183 acre tract; THENCE N0003150"W, 2694.36 feet along the west line of the said called 183 acre tract to a point for corner in the center of a 30 ft. road; THENCE N89050124"E, 2640.00 feet along said road to the place of beginning and containing 182.9089 Gross Acres of land, of which 2.1335 Acres are in roads, leaving 180.7754 Net Acres of Land. U AND PROOF OF PUBLICA STATE OF TEXAS 1TY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been 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- �ently than once a week, having a general circulation in said county, and having been published regularly and con- mously for more than twelve months prior to publishing A which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on (q1,,1s, and which was issued on 91 ) 1 �, 5 by of Collin County, Texas. A printed copy of said publication is �I SUBSCRIBED AND SWORN to before me this 10 ,� , A.D. 19 0 �� Notary Puglic in and for Collin County, Texas Publisher's Fee AFFIDAVIT AND PROOF OF PUBLICATION E STATE OF TEXAS UNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been by me duly sworn, on oath deposes and says: IThat 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 which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on I �� �� , by of Collin County, Texas. A printed copy of said publication is attached SUBSCRIBED AND SWORN to before me this �11� day of Notary Pi lic in and Publishers Fee $ C c) rr� ; aq NOTICE OF g� PUBLIC HEARING Notice is hereby -given that.the Allen City Coun- cil at 'their- regular meeting on Thursday, September 15, 1983, at 7:30 p.m., at the Allen Municipal Annex City Council Chambers, 1 Butler Circle, Allen, Texas, will conduct a public hearing to con- sider a request for rezon- ing on approximately 183 acres of land by 4 -Way Devel mpany, age for Coromet salty Deve Opment. The request is to con- sider permanent zoning of PD (Planned Develop- ment) on approximately 183 acres of land located in the Peter Fisher Survey, Abstract No. 324, and further described as being at the ,southwest corner of Exchange Parkway and Malone Road. Anyone wishing to speak FOR or AGAINST this request is Invited to attend this public hear- ing and voice their opi- nion. If further information is needed, call the Allen Municipal Annex, Department of Com- munity Development, at 727-9191 or 424.7518 (Metro) and refer to Zon- ing Case No. Z6-8.83-28. Marty Hendrix, City Secretary (To be published In the Allen American on Mon- day, August 29}1983) for ollin County, Texas CITY OF ALLEN 'S NOTICE OF PUBLIC HEARING Notice Is hereby given that the Allen City Coouncil,dt:fheir regular meeting on Thursday, September 15, 1983, at 7:30 p.m., at the Allen Municipal Annex City Council Chambers, 1 Butler Circle, Allen, Texas, will conduct a public hearing to con- sider a request for rezon- ing on approximately 183 acres of land by 4 -Way Development Company, agent for Coronet Realty Development. The request is to con- sider permanent zoning of PD (Planned Develop- ment) on approximately 183 acres of land located In the Peter Fisher Survey, Abstract No. 324, and further described as being at th"outhwest corner of Exchange Parkway and Malone Road. Anyone wishing to speak FOR or AGAINST this request is Invited to attend this public hear- ing and voice their ,opi- nion. If further information Is ndeded, call the Allen Municipal Annex, Department of Com- munity Development, at 727-9171 or 424-7518 (Metro) and refer to Zon- Ing Case No. Z6-8=83-28. - Marty Hendrix, City Secretary (Published In The Alien American on Monday, August 29, 1983). CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR 9 03 ORDINANCE/RESOLUTION �5 7 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. r , � f Ld 0 u 1 �d J „ ,. 7717 MIT! 77 p l.° R Y. ... \ ti HI AR I A, U :I • r HC �_�� LIVE �, IAS t 4 ' r l \� SINGLE�AMIL.Y C E'VEL PM NT AS IN R— 1 WITH EXCEPTIONS A SV . ti, Trow '.firHOU TOWNHOUSE V L PIVN rNT AS IN TH DIST EXCEPT I C C,P. ' \� ` � -- DWELLING UNIT. - • • • �� • :a.;r., �� ALL STREETS HAVE 0' ,R.O.W, UNLESS OTHERWISE -I-NDICATED. i. ' . ,'• ALL A L LEYS 16 ' R. 0. W. • r . • • . - 1 , - , � .a • • • • • • • • '• by P • i • • rAH • • • • ' • • i �r •' r , ' • 1 i a•i. • • • •• • 1 , : , a • • 3.yy. • • , • • 1' J , • .. ,:. M.. . ...... �."-.... rum. " : i \ 1. ' \ ! 1 � `..I' � y.. �rrj � rs 4 i �� �8 -•5 ,, 4 r� � �,� r � I 'M., � _. , i �'' �?�,.:.� Vim` •4 L� ��� ' {�tt ., 1 111 4 �, � b t �;. }• ` J ; \ � � \ •�, � �� ,r �, r>� , .ir'� jai' i \ �s , T y r u3 VEu y E AP"' ffl"' k(,G tiu, A•".0 RI\/RR T BLVD$ 601 R.0-\lV\, 1""'VIAN ALLEN PLANNING 00 ul z rA <) -Z M::E N T S I T F L-ANNED D'EVELOP 43 UNITS s89°48'5''�w;� -- 978'40' 60, MURRAY DEVELOPMENT COMPANY � 5580 LBJ FREEWAY, SUITE 460,r DALLAS,TEXAS 75240 �a 1 .1 f I 3 1 m !