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O-733-9-86ORDINANCE NO. 733-9-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING PLANNED DEVELOPMENT ZONING ORDINANCE NO. 459-9-83 TO INCLUDE THE ATTACHMENT OF EXHIBIT "E", AMENDED APPROVED LAND USE PLAN AND LAND USE AND AREA REGULATIONS, FOR DEVELOPMENT OF 71.713 ACRES OF LAND OUT OF THE 409.636 ACRE TRACT LOCATED IN THE R. L. INGRAHAM SURVEY, ABSTRACT NO. 462, AND THE MCBAIN JAMISON SURVEY, ABSTRACT NO. 491, COLLIN COUNTY, TEXAS, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT NO. 13; PROVIDING FOR A PENALTY: PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. U WHEREAS, the Planning and Zoning Commission 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have held due hearings and afforded 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, WHEREAS, the. Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. .459-9-83 should be amended to include the attachment of Exhibit "E", amended approved land use plan and land use and area regulations, for development of 71.713 ,acres of land out of the 409.636 acre tract located in the R. L. Ingraham Survey, Abstract No. 462, and the McBain Jamison Survey, Abstract No. 491, Collin County, Texas, presently delineated on the Official Zoning Map as Planned Development No. 13. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That Planned Development Zoning Ordinance No. 459-9-83 of the City of Allen, Texas, is hereby amended to include the attachment of Exhibit "E", amended approved land use plan and land use and area regulations, for development of Ordinance No. 733-9-86 - Page 1 71.713 acres of land out of the 409.636 acre tract located in the R. L. Ingraham Survey, Abstract No. 462, and the McBain Jamison Survey, Abstract No. 491, Collin County, Texas, presently delineated on the Official Zoning Map as Planned Development No. 13. SECTION 2. 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, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. That the above-described tract of land shall be used in the manner and for the purposes provided for by the Planned Development Zoning Ordinance No. 459-9-83 of the City of Allen as amended herein by the approval of the attachment of Exhibit "E". SECTION 4. 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 Planned Development Zoning Ordinance No. 459-9 83 of the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 5. That it appears the above-described property requires that it be given the above zoning classification in order to permit its proper development and, in order to protect the public interest, comfort, and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 4th DAY OF September 1986. APPROVED AS TO FORM: A. o owder, ttorney Ordinance No. APPROVED: Donald P. RodenbatfgFt, Mayor ATTEST: Marty Hendrix, CW-, City Secretary 733-9-86 - Page 2 /-- �-,Y7 APPROVED "EXHIBIT E," _ PD NO. 13 - Attachment to _ ORDINANCE NO. 733-9-86 COTTON1900D BEND FOUR A PLANNED DEVELOPMENT PROPOSAL PREPARED FOR: LANDMARK ENTERPRISES DEVELOPMENT CORPORATION Dallas, Texas Revised 10-31-86 Prepared By: DON A. TIPTON, INC. 6330 Belt Line Road, Suite "C" Garland, Texas 75043 214-226-2967 F O U )R IV. TABLE OF CONTENTS Pages INTRODUCTION 1 2 DEVELOPMENT SUMMARY Overall Land Use Analysis 3 Site Summary 4 LAND USE REGULATIONS Cottonwood Bend No. Four 5 6 APPENDIX Existing Final Plat 7 Existing Zoning g Proposed Zoning g Proposed Concept Plan 10 Sales Plat 11 Legal Description 12 & 13 INTRODUCTION ,F 0 U R The Cottonwood Bend Four is a proposed development district that is part of the overall 409.636 acre tract of land approved in September 1983, further known as Planned Development No. B as permitted under the land development regulations of the City of Al 1 en, Texas. This document is an amendment t-o,the existing planned development for the area South of Ridgemont Drive, East of Jupiter Road, and North of Chaparral Road consisting of 71.713 acres. The overall evolution of Cottonwood Bend has been improving as each phase is built with detail and innovation being applied to the details of engineering, land planning and architecture. With this continued effort by Landmark Development and the City of Allen, Cottonwood Bend will continue to grow at a rapid pace and will be one of the most exciting communities in the City of Allen. Landmarks sensitivity to the market demographics, needs and quality desires will result in pr=oduct construction and sales at a phenominal pace. The following items represent primary _ elements of the amendments involved. The detail s of each request are provided in the submittal package. I. Provisions for market, demands in the single family garden home concepts providing for large homes on low maintanance lots. II. Committment of rear entry product design for alley use and service only. III. Community design control with the developer being the product user allowing for full community design package. IV. Documents that provide the City with restricted controls for any and all future users and developers. V. Providing a variation of lot sizes with innovative planning with large minimum house size square footages remaining the same. Mc Cottonwood Bend Four Introduction Page 2 of 2 VI. Adhere to the comprehension plan for low density residential. This application for revised zoning will 'reinforce Landmarks committment to quality' developments that has already been presented in construction form and will continue to do so in high standard fashion. As always, if you .have any questions, please feel free to contact our office. Yours very truly, ON A. I PTON, INC. at Atkins Project Manager PA :1 c -2- C0 ---,T-10 �VcVD DEVELOPMENT SUMMARY F 0 U R 0 TRACT NO. PD NO. 13 ZCNINri 3 4 5 6A 6B 7 9 10 Single Family Detached Garden Homes Single Family Detached Singl a Family Detached Singl a Family Detached Single Family Detached Single Family Detached TWnhouse Single Family Detached Single Family Detached Garden Hanes Single Family Detached Garden Hames Single Family Detached Singl a Family Detached Single Family Detached Single Family Detached Single Family Detached Single Family Detached Garden Hanes -3- 261 354 170 150 134 134 137 137 203 198 146 77 149 195 1382 1425 (3% Increase) f TD7RL ACRES TDML LOTS ZONING lei. IO►r S.F. M. UNIT S.F. AVG. DENSITY RXISTDG 71.713 261 S. F. 7500-8000 1425 - 25% 3.7 Detached 1500 - 50% 1605 - 25% PiRDPO-SM 71.713 354 S.F. 5000-9000 1425 - 25% 4.9 Garden Hms 1500 - 50% 1605 - 25% -4- t-- B�NW� LAND USE REGULATIONS D F• 0 U B I Jlw1�.� .i1 1 J�11 a�.lJ; 1. General: This tract shall be developed for single family detached hones generally referred to as Garden Home, Patio Home or Zero Lot Line. Home. The maximum number of dwellings shall not exceed 354 units in this tract. 2. Use Regulations: A building or premise shall be used only for the following purposes: a. Single Family detached unit and accessory uses customarily incidental to this use. b. Churches and church related uses as permitted by Special Use Permit. 3. Height Regulation: No building shall exceed thirty (30) feet or two and one-half (2 1/2) stories in height. a. Size of Yards: 1. Front Yard - There shall be a front yard having a depth of not less than twenty (20) feet. 2. Side Yard - A five foot set -back on either side of dwelling, or one (1) foot side yard for one side of the dwelling and a nine (9) foot side yard for the opposite side of the lot. A side yard adjacent to a side street shall not be less than fifteen (15) feet, even when a side yard is across frau a front yard, the side yard shall be fifteen (15) feet. 3. Rear Yard - There shall be a rear yard having a required depth of not less than fifteen (15) feet. b. Size of Lot: 1. Lot Area - No building shall be constructed on any lot of less than five thousand (5,000) square feet. 2. Lot Width - The width of the lot shall not be less than f our ty- five (45) feet at the front building line. 3. Lot Depth - The depth of the lot shall not be less than ninety (90) feet. -5- c. Mini ? Dwelling Siz : The minimum floor area cf any dwelling shall be: (1) 25 percent of units 1,425 square feet, (2) 50 percent of units 1,500 square feet, and (3) 25 percent of units 1,605 square feet, exclusive of garages, breezeways and porches. d. Lot Coverage: In no case shal l more than f if ty-f iv a (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 400FOW-MM, in FT a. Type of Materials: All main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. -6- B �VWD APPENDIX F O U R ' syf9 Q A.++ �d%8 SS? 7FS , `' Jsi •s6 iti�37 S3'• ,AFP � /,a•/�. z ♦,-36 735 -_ 6' y 7 4 B 33 t4 e so23n ��` 4�1/� �, � b 33 _ 32'c_f 91 `• r.,` rte\ 1 —,-,__ RO,� � � `90 `69 •`eB , r,Ao R.63?J�x. 'a. es :es 60 7D � r2 /11 q••� v'll- aa7s, Cn&,,T•OAFivoDO d bn1-y03 arot 61 f� �i LOCATION MAP uoiF• Mrnl,l unlFF,••M•r,+M• �~~r N.'•�yh' FUNRE DEVELOPMENT I I II II I \� �/ Berea »r�i V� ro � _ w _ .- ..,• _ ,- � ..,.. " .« , wlw _ 'I 6•-I 7 ,I B ,I 9 'I IO 'I I c .,y '�• � S/ L Y� IT IE I la •I 2 3 a " ^ I .,, u, `YaA rr„•' I S / ' ..s. 'v. .. ' �"20 26 ' 19 (s • " " ` w ,.,. I 32 . 30 ' 29 , , 27 , 26 • Imo" r25, 2d, 23, 22 21 , 20''19 i Iii I �L_;z , FL - ' RI ,l " DRIVE �r :.. a\�hl^— ��.� :.•. ` .�.'e / _ - •LAKEW0�0 w .�,,,, '■ iu, F- a"�^ I+Pa S.•_0_ -I I -az 3. 3L_V`4 —/—_ " "n. •sE �' S:rl�_ � �:i�. _ _ ?"r� s�'ie"" e� 53: s S / e/ ^ ,.. ^" b75 ww�e�6A i e �, -12� ^ a s ,� +i • �z o 79 le 7T' 76 �� rVa"` ,bt ry .Oi '� at •�� i.laeF�'a �.,/`,u ,.ei /' " _ _ o ewae �-"'i 33 Z3 .� /_ + rr. ~_' IA f e+� � .>�� R d Jb� + (+ .f` „�sb �Jlly �\ r0 h•O , >x . .�/<": � j k om '16I 20 21 nMEADOWBR00K STREET _ " y � l' /_ ? A Nyj,+± y- S""� 6 S `•�•< " .dp aO`34 `� ••a '� `,3 •q /e+•rG `/� r J %�^``M oty a �.� /�a.•„4w.vl " 'so/? � z # •, PEA � to "` ;, sel r 2D ._ `� .'ext , + �`$-R` �O � 'i! / ; s� , S / nl • 4` 4 * it '�' " qi �. - 7 9/S M1 � �/ A '� +rl = � � a, n. � .'r• azo x 1 0"2� 7 e di s/a 7v +r ° /'jv ry •` <L�M4 S . z, (`a.> i"'•` ` FINAL PLAT COTTONWOOD BEND N0. 4 n —J 3 4 WEJTwE zo ` y s+Q ;�� •7 u/ #a. ry ALLEN .TEXAS • - _� P ORr = r7 +/ v\ / =e_ J McBAIN JAMISON SURVEY -RBST. NO. 491 �a': z+'33 ,ry • r6 z /5 F ' v�~' R L. INGRA14AM SURVEY ASST. NO. 462 i ��_ it.AJb •r.y COLLIN COUNTY, TEXAS OWNER ti COTTONWOOD BEND JOINT VENTURE \r. yto`• QOW C74APAL sus Sherr Lm Suite 700 pollOs.Y ws7672S ROAD \e` / DON A TIPTON,INC -CONSULTING ENGINEERS 6330 01" 41 Roo 1 S,,te C Ga,I,,d, Teva, 7SN3 Stele I-•100' E_.ry , 1345 Lm L -:ant Vnbro I street P•D PLANNED DEVELOPMENT o GARDEN HOMES EXISTING ZONING MAP COTTONWOOD BEND NO. 4 ALLEN, TEXAS CgA 0 100 200 400 600 SCALE 1-- t0U DATE: A.—{, 1666 P-D PLANNED DEVELOPMENT SINGLE FAMILY 71.713 ACRES ILI I AO AGRICULTURE prepared for LANDMARK ENTERPRISES CORPORATION 6046 SHERRY LAN[ DALLA B, TERAS 76216 prepared by: DON A TIPTON INC. CONSULTING ENGINEERS 6220 BELT LIN[ ROAD SUITE C GARLAND, TERAS 75043 x r nou, T -ung �9 � 40 �e �QtitS 00 .- m4. oW ... S6raat PLANNED DEVELOPM1 GARDEN HOMES PROPOSED ZONING MAP 4 �a COTTONWOOD BEND NO. 4 ALLEN, TEXAS 0 ...... 500 $00 DATE;: 1. - 100 I DAT;: A.1x.t, 1555 IS m P■D PLANNED DEVELOPMENT SINGLE FAMILY / GARDEN HOMES / RESIDENTIAL 71.713 ACRES AO AGRICULTURE prepared for: LANDMARK ENTERrRil;S COlrORATION 1151 1NLllY LANK DALLAS, T; EAR 79225 prepared by. DON A TIPTON INC. CONDULTING ENGINEERS 5510 FELT LINE ROAD SDITE C O ARLAND, TEXAS 75045 r - - - - - - - - - - - LAND USE DATA % ` TOTAL ecA[S xo.... TOTAL LOTS ✓ O r•r•S corroxw000 •[xo xa.r• o....A.S ..S L.I. A,SSA• I.SSSS Sr •AAS .S .SA SS S.uu,A. •• ,S ,r.P.r.d 1, oox a —T..GARLAND, TZZAS 16018 .xe LA norA[[ [xrururxS CoxeoSSn on COTTONWOOD BEND NO. 4 ALLEN, TEXAS SCALA.. ••.Ai fAA .AA rrr I S A L E S P L A T NW(Dn B E N D A L L E N, T E X A S /&DONA. TIPTON, INC. CONSULTING ENGINEERS 433G Ult L.— R -d S.- c .--',�T... 'lb013 2— 7 rim T L LULIH-H I S A L E S P L A T NW(Dn B E N D A L L E N, T E X A S M-T YLILI a[T I S A L E S P L A T NW(Dn B E N D A L L E N, T E X A S :+ 1 • b, If e: tAs 1 : D II BEING a tract of land situated in the R. L. Ingraham Survey, Abstract No. 462, and the McBain Jamison Survey, Abstract No. 491, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point on the Southeast line of Jupiter Road (a 75' R.O.W.) at this point), said point being the Northwest corner of Cottonwood Bend No. 3, an addition to the City of Allen, Texas, an iron stake for corner; THENCE, Along the said Southeast line of Jupiter Road the following: N 35000154" E, a distance of 336.50 feet to the beginning of a curve to the right, having a central angle of 10029146", and a radius of 71250 feet, an iron stake for corner; Northerly around said curve, a distance of 13052 feet to the beginning of a curve to the Lef t, having a central angle of 10°27117", and a radius of 787.50 feet, an iron stake for corner; Northerly around said curve, a distance of 143.79 feet to an iron stake for corner; N 35003144" E, a distance of 2.28 feet to an iron stake for corner; THENCE, S 54°56137" E, leaving said Southeast line of Jupiter Road, a distance of 6997 feet to the beginning of a curve to the Left, having a central angle of 54°54143", and a radius of 521.29 feet, an iron stake for corner; THENCE, Easterly around said curve, a distance of 499.60 feet to an iron stake for * corner; THENCE, N 70008140" E, a distance of 1500.09 feet to the beginning of a curve to the left, having a central angle of 28008140", and a radius of 1100.0 feet, an iron stake for corner; THENCE, Easterly around said curve, a distance of 540.34 feet to an iron stake for - corner; THENCE, S 48°00' E. a distance of 140.0 feet to an angle point, an iron stake for corner; THENCE, S 0025146" W, a distance of 2197.59 feet to a point on the North line of Maparral Road (a 55' R.O.W. at this point) , an iron stake -for corner; -12- THENCE, Along said North line of Chaparral Road the following: N 89°58154" W, a distance of 808.30 feet -to the beginning of a curve to the Left, having a central angle of 22°59125", and a radius of 545.0 feet, an iron stake for corner; Westerly, around said curve, a distance of 218.68 feet to the Southeast corner of above-3nentioned Oottonwood Bend No. 3, an iron stake for corner; THENCE, Along the East line of said Cottonwood Bend No. 3 the following: N 0025146" E, a distance of 652.63 feet to an iron stake for corner; N 89034114" W, a distance of 291.0 feet to the beginning of a curve to the right, having a central angle of 900001, and a radius of 40.0 feet to an iron stake for corner; - Northerly, around said curve, a distance of 62.83 feet to an iron stake for corner; N 0°25146" E. a distance of 575.51 feet to the Northeast corner of said addition, an iron stake for corner; THENCE, Along the Northerly line of said Cottonwood Bend No. 3, the following: S 70°08140" W, a distance of 477.23 feet to the beginning of a curve to the right, having a central angle of 23°44111", and a radius of 984.0 feet, an iron stake for corner; Westerly, around said curve, a distance of 407.65 feet to the beginning of a curve to the left, having a central angle of 20030131", and a radius of 791.0 feet, an iron stake for corner; Westerly, around said curve, a distance of 28313 feet to the beginning of a curve to the right, having a ventral angle of 40"32131". and a radius of 209.0 feet, an iron stake for corner; Westerly, around said curve, a distance of 144.82 feet to an iron stake for corner; N 66005110" W. a distance of 71;65 feet to an iron stake for corner; S 23054150" W, a distance of 22.02 feet to the beginning of a curve to the right, having a back tangent bearing of N 66°05110" W. a central angle of 11° 06104", and a radius of 225.0 feet, an iron stake for corner; Northwesterly, around said curve, a distance of 4359 feet to an iron stake for corner; N 54059106" W, a distance of 144.59 feet to the PLACE OF BEGINNING and containing 71.713 acres of land. -13- CJ- N��VqD D NOTES F O U A 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 - Landmark Properties of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 27,1 986 and which was issued on 8-27-86 , by City of Allen of Collin County, Texas. A printed copy of said publication is attarLhed hereto SUBSCRIBED AND SWORN to before me this 11th d f September A D 19 86 Publisher's Fee $ 13.20 CITY OF ALLEN NOTICE OF PUB C ARI G -I- Notice is hereby given that the Allen City Council will conduct a public hear- ing at their regular Council Meeting to be held on Thursday, September 18, 1986, at 7:30 p.m., in the Council Chambers of the Alien Municipal Annex, One Butler Circle, Allen, Texas, to consider a request to arriond Panned Develop - m • int No. 13 to provide for a variation of lot sizes in Tract Four, as requested by Landmark Properties. This request for amend- ment to Planned Develop- r3ent No. 13 is on Tracf 'your of the Cottonwood Bend 4 Subdivision, being a ,ract of land situated in the R.L. Ingraham Survey, Ab- stract No. 462, and the McBain Jamison Survey, Abstract 491, Collin Coun- ty, Texas, located north of Chaparral Road and east of Jupiter Road. Anyone wishing to speak either FOR or AGAINST this request is invited to! attend thi3 public hearingi and voice their opinion. For further information, contact the Department of Community Development, Allen Municipal AiIhex;'One Butler Circle, or 727-9171 or 424-751B (metro). Marty Hendrix, CMCI CITY SECRETARY; ay o � , Notary PublicAl and for Collin County, Texas 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 Public Notice - Ordinance Gk's 733-9-86, 734-9-86, 735-9-86 736-9-86, and 738-9-8r) of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 28, 1986 and which was issued on 9-28-86 by City of AllenA of Collin County, Texas. A printed copy of said publication is att the ere ,0, SUBSCRIBED AND SWORN to before me this 8th day of October , A.D. 19 86 Notary Pu i in and for Collin County, Texas Publisher's Fee $ 46.80 212 Club Notices 9 CITY OF ALLEN PUBLIC NOTICE a otice is hereby given that the followigg ordinances were adopted by the Allen City Council at their regulaF meeting held on Thursday, September 19, 1986 (Titles and Penalty Clauses only): Ordinance No. 733-9-86: An Ordinance of the City of Allen, Collin County, Texas, Amending Planned Development Zoning Ordinance No. 459-9-83 to Include the Attachment of Exhibit "E", Amended Approved Land Use Plan and Land Use and Area Regulations, for Development of 71.713 Acres of Land Out of the 409.636 Acre Tract Located in the R.L. Ingraham Survey, Abstract No. 462, and the McBarn Jamison Survey, Abstract No. 491, Collin Counly,_Texas, Presently Delineated on the Official Zoning Map as Planned Deve- lopment No. 13; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. 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 PlAned Deve- lopment Zoning Ordinance No. 459-9-83 of -the City of Allen and upon conviction shall be punished by a fine not'to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. Ordinance No. 734-9-86: An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No, 366-10-81 as Previously Amended, so as to Change the Following - Described Tract of Land from "AO" (Agri- cultural — Open Space) Classification to Permanent Zoning of "R-5" (Residential), Said Tract of Land Being Described as Follows: Approximately 5.5 Acres of Land Lying in the J.T Roberts Survey, Abstract No. 777, Collin County, Texas; Providing i for a Penalty of Fine Not To Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severa- bility Clause; and Providing for the Effec- tive 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 Comprehensive r Zoning; Ordinanoe- No. 366-10-81 of the Vity of 'Allen, as heretofore amended, and upon conviction shall be punished by a fiAe r not'to'ezceed the sum of One Thousand of the City of Allen, Collin County, Texas, Setting, Fixing, and Adopting the Tax Rate for the City of Allen, Texas, for the Fiscal Year Beginning October 1, ,1986,' and Ending September 30, 1987; and Provid- ing an Effective Date for This Ordinance. Ordinance No. 736-9-86: An Ordinance of the City of Allen, Collin County, Texas, Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1986, and -Terminat- ing September 30, 1987; and Providing for an Effective Date. Ordinance No. 738-9-86: An Ordinance of the City of Allen, Collin County, Texas, Establishing and Regulating the Health and Environmental Standards for the City of Allen, Collin County, Texas; Providing rRut6s and Regulations for a Comprehen- sive Food -Service Sanitation -'Program; Providing for Regulations -Governing Publ- - ic and Semi-P4blic Swimming Pools; Providing Rules for Child Care Operations, and Adopting the Minimum Standards Set By the Texas Department of Human Resources; Providing for Enforcement; Establishing a Schedule of Fees; Providing a Penalty of One Thousand Dollars ($1,000.00) for Each Offense; Providing for an Appeal Process; Providing for a Conflict and Severability Clause; Providing for an Effective Date of Implementation. That any person, .firm or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and conviction thereof shall be fined a sum not exceeding one thou- sand dollars ($1,000.00) for each violation and that each day such violation shall continue to exist constitutes a`separate offense. A copy of these ordinances may be red or purchased in the office of the City Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas 75002. Marty Hendrix, CMC r CITY SECRETARY (TO BE `PUBLISHED- IN, THE ALLEN AMERICAN ON SUNDAY, SEPTEMBER 28, 1986 AND WEDNESDAY, OCTOBER 1! 1986.) 1 ' ~ AFFIDAVIT AND PROOF OF PUBLICATION L 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 Public Notice - Ord # 733-9-86,_734-9-86, 735-9-86, 736-9-86, 738-9-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 28, 1986, October 1, 1986 and which was issued on SPntPmher 28, 1986 ,by City of Allen of Collin County, Texas. A printed copy of said publication is at ached ret SUBSCRIBED AND SWORN to before me this 10th Publisher's Fee $ 46 .80 CITY OF ALLEN PUBLIC NOTICE Not' he a iven that the fo ing ordina ted by the All ity Counci t re r on Thursd emb 9itl nd Penal 109, s o Ordi c -9-86: An Ord ce of the i of en, Collin County, exas, Amending Planned Development Zoning Ordinance No. 459-9-83 to Include the Attachment, of Exhibit "E", Amended Approved Land Use Plan and Land Use and Area Regulations, for Development of 71.713 Acres of Land Out of the 409.636 Acre Tract Located in the R.L. Ingraham' Survey, Abstract No. 462, and the McBain' Jamison Survey, Abstract No. 491, Collin' -County, Texas, Presently Delineated on the Official Zoning Map as Planned Deve- lopment No. 13; Providing for a Penalty; Providing for an Effective Date; and Providing for Publication of the Caption. 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 Planned Deve- lopment Zoning Ordinance No. 459-9-83 of the City of Allen and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. Ordinance No. 734-9-86: An Ordinance' of the City of Allen, Collin County, Texas, Amehding Comprehensive Zoning Ordi- nance No. 366-10-81 as Previously Amended, so as to Change the Following - Described Tract of Land from "AO" (Agri- cultural — Open Space) Classification to Permanent Zoning of "R-5" (Residential), Said Tract 'of Land Being Described, as Follows: Approximately 5.5 Acres of Land Lying in the J.T. Roberts Survey, Abstract No. 777, Collin County, Texas; Providing for a Penatty of Fine Not To Exceed the Sum of One Thousand Dollars ($1,000.00) for Each Offense; Providing for a Severa- bility Clause; and Providing for the Effec- tive 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 Comprehensive Zoning ,Ordinance No. 366-10-81, of the 'City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. - Ordinance No. 735-9-86: An Ordinance of the;City 'of,AMen;,Colrin,County, _Texas, for the,City;of'AIIe0-,Texas, '{ WLJ01 , 30,198 dayof Nov. ,A.D.1986 �1 Notary Publ' and for Collin County, Texas of the City of Allen, Collin County, Texas, Approving and Adopting the Budget and Setting Appropriations for the Fiscal Year Beginning October 1, 1986, and Terminat- ing September 30, 1987; and Providing for an Effective Date. Ordinance No. 738-9-86: An Ordinance of the City of Allen, Collin County, Texas, Establishing and Regulating the Health and Environmental Standards for the City of Allen; Collin County, Texas; Providing Rules and Regulations for a Comprehen- sive Food Service Sanitation Prooggram; Providing Por Regulations GovemingPutil= is and Semi -Public Swimming Pools; Providing Rules for Child Care Operations, and Adopting the Minimum Standards Set By the Texas Department of Human Resources;Providing , for Enforcement; Establishing a Schedule of Fees; Providing a Penalty of One Thousand Dollars ($1,000.00) for Each Offense; Providing for an Appeal Process; Providing for a Conflict and Severability Clause; Providing for an Effective Date of Implementation. That any person, firm or corporation. violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and conviction thereof shall be fined a sum not exceeding one thou- sand dollars ($1,000.00) for each violation and that dach day such violation shall! continue to'exist constitutes a separate offense. A copy of these ordinances may be red or purchased in the office of the City Secretary, Alien,Municipal Annex, One Butler Circle, Allen, Texas 75002. Marty Henddx,,CMC CITY SECRETARY rO BE PUBLISHED IN THE ALLEN ,MERICAN ON SUNDAY, SEPTEMBER 8, 1986 AND WEDNESDAY, OCTOBER 1986.) `