O-998-9-90ORDINANCE NO. 998-9-90
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
829-22-87, AS PREVIOUSLY AMENDED, SO AS TO ESTABLISH
PERMANENT ZONING, TO -WIT: PLANNED DEVELOPMENT -
RESIDENTIAL NO. 48 (PD -R NO. 48), ON THE FOLLOWING -DESCRIBED
TRACT OF LAND: APPROXIMATELY 13.821 ACRES OF LAND, MORE
OR LESS, OUT OF THE GEORGE W. FORD SURVEY, ABSTRACT NO.
328, COLLIN COUNTY, TEXAS; PROVIDING FOR A LAND USE PLAN;
PROVIDING FOR VARIANCES; PROVIDING FOR AREA AND USE
REGULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) 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. 829-11-87, as previously amended,
should be amended;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 829-11-87 of the
City of Allen, Texas, as previously amended, be and the same is hereby amended by
amending the Zoning Map of the City of Allen to give the following tract of land the
following classification, to -wit:
That the area be and the same is hereby zoned as Planned
Development -Residential No. 48 (PD -R No. 48).
SECTION 2. That the land use plan attached hereto as Exhibit "A" and made
a part hereof for all purposes shall be adhered to in its entirety for the purposes of
establishing conceptual design and maximum density.
Ordinance No. 998-9-90 - Page 1
SECTION 3. That the area and use regulations of this residential
development conform to the area and use regulations provided herein as Exhibit "B".
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provisions of this ordinance shall be, and the same are hereby, repealed; provided,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, that 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 herein.
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 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 One Thousand Dollars ($1,000.00) for each offense.
SECTION 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 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 6TH DAY OF SEPTEMBER, 1990.
APPROVED:
at Ato4�
J-66 Farmer, Mayor
ATTEST:
APP D AS TO FORM: J Morr' n, City ecretary
A. Do , ity At o ey
Ordinance No. 998-9-90 - Page 2
LAND USE DATA
f0'
ZONING P.D. SINGLE FAMILY
TOTAL ACRES
ILS21
J.C. PENNIIIGTON
TOTAL LOTS
48
MM. FRONT YARD
is
AO
MIN. BEAR YARD
16'
Illi SIDE YARD
6'
YIN. SIDS YARD
16'
(adjaaest to street)
MDL LOT WIDTH
96'
15
NDL LOT DEPTH
110,
31
am LOT S.F.
7,600
TYPICAL IAT
6l a12S
14
TYPICAL LOT S.F.
7,996
DENSITY
9.6
--
MM. LOT WIDTH
6o a R.L
w 3
(arood cal -die)
19
O V NER.
wAF. LEE
5
912 DREW LANE
EICRABDSON, TEXAS 76062
13 <
LLOYD BRAZZAL
DEVELOPER:
29
AO
LEGACY HOMES
20
JOHN L LANDON
101 L PARS BLVD. SUITE 966
ID.
PLANO, TEXAS 76074
E-
CA
W
a
F
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HERITAGE PARE
19 PHARE IA
PD -22
Y0 1&
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PARKWAY
N W19'00' E 1033.7'
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EXHIBIT "A"
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DON A. TIPTON, INC.
CONSULTING ENGINEERS
6330 Bolt Lina Road
Saito C
Garland, Texas 76043
(214) 226-2967
23
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a 06.19'24 W 1022.21
W.E. FORD
AO
THE AO
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CONCEPT PLAN
P.D. SINGLE FAMILY
WOODS OF HERITAGE F ARK
ALLEN, TEXAS
0 60 120 no 960
BCALC 1" - 99'
DATE: 7/90 R RVISED 8/90
EXHIBIT "A"
ORDINANCE NO. 998-9-90
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APPROVED BY THE CITY
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CONCEPT PLAN
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WOODS OF HERITAGE F ARK
ALLEN, TEXAS
0 60 120 no 960
BCALC 1" - 99'
DATE: 7/90 R RVISED 8/90
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
Public Hearing on Zoning
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
and which was issded on August 22, 1990 ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publicati n is attached hereto.
c Q ��
SUBSCRIBED AND SWORN to before me this day of A.D. 19 90
Y.A. TODD `� a
MY COMMISSION EXPIRES dDC/
Decembw 5,1992
- NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 13 . 5 0
424 Legal Notices
CITY OF ALLEN I
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 Thurs-'day, September r
I l
Council Chambers of the t
Ale� Municipal
Annex, One Butler Circle, Allen„Texas„to
consider a request to change a 13 8214
acre tract of land's current zoning from;
Agriculture-Open Space (AO) to Planned
Development-Residential (PD-R).
This request is on property out of'Geo'rge
W. Ford Survey, Abstract No 328, further-
described as being located south of Park
l Place Drive and east of Heritage Parkway..
Anyone wishing to speak either FOR or
AGAINST this request is invited to attend
this public hearing and voice their-opinion.
For further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by Y,y W
telephoning 727-0120, e
s'Judy Morrison T' '
,City Secretary e Lf r
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
Ordinano-Q--#998=9-90
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on
Wednesday September _12, 1990 & Sunday September 16-, 1990
and which was issued on September 12, 1990 _ — ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
(2, 1, /Z 4 Z- �a C ---
SUBSCRIBED AND SWORN to before me this 16A day of A.D. 19 90
V.A. TODD
MY COMMISSION EY.PIRES
a December 5, 1992 — --
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 5 . 0 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 6, 1990 (Title and Penalty
Clause only):
ORDINANCE NO. 998-9-90• An Ordi,1
nance 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, To -Wit: Planned Development-'
I Residential No. 48 (PD -R No. 48), on the
i Following -Described Tract of Land: Ap-
proximately 13.821 Acres of Land, More or
ILess, out of the George W. Ford Survey;
Abstract No. 328, Collin County, Texas;
Providing for a Land Use Plan; Providing
for Variances; Providing for Area and Use
Regulations; Providing for a Penalty of
Fine not to Exceed the Sum of One Thou-'
sand Dollars ($1,000.00) for Each Offense;
IProviding 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 sameI
penalty as provided for in Comprehensive l
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 One Thousand
Dollars ($1,000.00) for each offense. I
A Copy of this ordinance may be read or,
Purchased in the office of the City Secre-' �
tary, City of Allen, One Butler Circle, Allen; i
Texas 75002.
s/Judy Morrison
City Secretary l
i
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen Jitv,
Council adopted the following ordinance at
their regular meeting held on Thursday'
September 6, 1990 (Title and Penalty)
Clause only):
ORDINANCE NO. 998-9-90. An Ordi=
(nance of the City of Allen, Collin County;
Texas, Amending Comprehensive Zoning
IOrdinance No. 829-11-87, as Previously
Amended, so as to Establish Permanent
Zoning, To -Wit: Planned Development-'
Residential No. 48 (PD -R No. 48), on the
Following -Described Tract of Land: Ap-
proximately 13.821 Acres of Land, More or
Less, out of the George W. Ford Survey;
Abstract No. 328, Collin County, Texas;
Providing for a Land Use Plan; Providing
I for Variances; Providing for Area and Use
f Regulations; Providing for a Penalty of
I Fine not to Exceed the Sum of One Thou.'
I sand Dollars ($1,000.00) for Each Offense;
Providing 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 One Thousand
Dollars ($1,000.00) for each offense.
A Copy of this ordinance may be read or
Purchased in the office of the City Secre=
I tary, City of Allen, One Butler Circle, Allen;
Texas 75002.
�s/Judy Morrison
City Secretary
HERITA
E
PHA
E
PD
2
HERITAGE
J.C. PENNINGTON
AO
OWNERS
WAYNE F. LEE
912 DREW LANE
RICHARDSON, TEXAS 75082
c
LLOYD ERAZEAL
9
DEVELOPER: AO
LEGACY HOMES
JOHN R. LANDON
S 00019'28"'w'
j
101 E. PARK BLVD. SUITE 855
PLANO, TEXAS 75074
W, E. FORD
AO
p
r
Exchan a Porkwo
0
h
4'
a V,
� fiM•��
- 2170)
McDermott Drive
Iy.
o
SUBJECT TRACT;
Bethany Rao DON A. J, 1 1 O N INC.
ti
r
Q N.P. P.1
H.P.P.
CONSULTING ENGINEERS
FBethonyRoad_
6330 Belt Line Read
Suite C
Garland, Texas 75043 }
Cha oral Road- -
(214) 226-2967
LO
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OF
oft: p
NGLE
HERITAGE P A R K -.I
ALLEN,, TEXAS
.
r
NO. 4
X
LAND USE DATA
ZONING P.D. SINGLE FAMILY ,
TOTAL ACRES 13.821
TOTAL LOTS 48
MIN. FRONT YARD 25'
MIN. REAR YARD 15'
MIN. SIDE YARD 6
MIN, SIDE YARD 15'
(adjacent to street)
MIN. LOT WIDTH, 65'
MIN. LOT DEPTH 110'
MIN. LOT S.F. 71500
TYPICAL LOT 65'x123'
TYPICAL LOT S.F. 7,905
DENSITY. 3.5
wUIN.
;LOT WIDt ` 50 i3.I:
rou nd cul d-� c�
J.C. PENNINGTON
AO
OWNERS
WAYNE F. LEE
912 DREW LANE
RICHARDSON, TEXAS 75082
c
LLOYD ERAZEAL
9
DEVELOPER: AO
LEGACY HOMES
JOHN R. LANDON
S 00019'28"'w'
j
101 E. PARK BLVD. SUITE 855
PLANO, TEXAS 75074
W, E. FORD
AO
p
r
Exchan a Porkwo
0
h
4'
a V,
� fiM•��
- 2170)
McDermott Drive
Iy.
o
SUBJECT TRACT;
Bethany Rao DON A. J, 1 1 O N INC.
ti
r
Q N.P. P.1
H.P.P.
CONSULTING ENGINEERS
FBethonyRoad_
6330 Belt Line Read
Suite C
Garland, Texas 75043 }
Cha oral Road- -
(214) 226-2967
LO
S�
OF
oft: p
NGLE
HERITAGE P A R K -.I
ALLEN,, TEXAS
.
r
NO. 4