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O-1113-6-92ORDINANCE NO. 1113-6-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO AMEND ORDINANCE NO. 507-5-84 PLANNED DEVELOPMENT NO. 22 (PD NO. 22), AND ORDINANCE NO. 671-1-86, REVISED SITE PLAN AND USE REGULATIONS, AND ORDINANCE NO. 790-5-87, REVISED SITE PLAN AND USE REGULATIONS, ON THE FOLLOWING - DESCRIBED TRACT OF LAND: 18.2t and 22.81 ACRES OF LAND OUT OF THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBITS "I" AND 'J" LAND USE PLANS AND EXHIBIT "K" AREA AND USE REGULATIONS; 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 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 Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, and Ordinance Nos. 507-5-84, 671-1-86 and 790-5-87 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, as previously amended, and Ordinance Nos. 507-5-84 (Planned Development No. 22), 671-1-86 and 790-5-87 of the City of Allen, Texas, be, and the same hereby are, amended by changing the Zoning Map of the City of Allen. SECTION 2: That the land use plans and area and use regulations attached hereto as Exhibits "J" and "K" and made a part hereof for all purposes shall be adhered to in their entirety. SECTION 3: That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same hereby are, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 4: That the property described in Exhibits "I" and "J" attached hereto shall be used in the manner and for the purposes provided for as approved herein. SECTION 5: 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 Two Thousand Dollars ($2,000.00) for each offense. SECTION 6: 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 7: 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 18th DAY OF JUNE , 1998. APPRO�D AS TO FORM: A. Don Crow r, ITY ATTORNEY APPROVED: EOA=�� * Jet Farmer, MAYOR ATTEST: A J y Mor n, CITY SECRETARY 1113-6-92 Ordinance No. Page 2 Ordinance No. 1113-6-92 Enhibit "K" SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS: 1. Purpose - This district shall be developed for single family detached homes. 2. Use Regulation - A building or premise shall be used only for the following purposes a) Single family residential detached units and accessory buildings and uses customarily incidental to this use. b) Such uses as may be permitted under the provisions of Section 2.06, Specific Use Permits. HEIGHT REGULATION - No building shall exceed thirty (30) feet or two and one-half (2-1/2) stories in height. AREA REGULATIONS: a) Size of Yards• 1) Front Yard - there shall be a front yard having a depth of not less than twenty (20) feet. Side Yards• 1) There shall be a side yard on each side of the lot of not less than 5 feet (51). 2) a side yard adjacent to a side street shall not be less than 10 feet (101), even when a side yard is across from a front yard, the side yard shall be 10 feet (101). Rear Yards• 1) There shall be a rear yard having a depth not less than 10 feet (101). b) Size of Lots• 1) Lot Area - no building shall be constructed of any lot of less than five thousand (5,000) square feet. 2) Lot Width - the width,of the lot shall not be less than fifty (50) feet at the front building line. 3) Lot Depth - the depth of the lot shall not be less than one -hundred (100) feet. C) Minimum Dwelling Size: the minimum floor area of any dwelling shall be one thousand six hundred (1,600) square feet. d) Lot Coverage - in no case shall more than fifty-five ( 55 ) per cent of the total lot area covered by the combined area of the main building and accessory buildings. 5. Building Regulations: a) Type of Materials - all main buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone, or similar materials. 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 Abstract 1012 Resolution of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, May 27, 1992 and which was issued on May 27, 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. r p7ZAA SUBSCRIBED AND SWORN to before me this day of�.D. 19 9 V.A. TODD W COMMISSION EXPIAE3 Dooember i, 1"2 PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 18 . 00 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 Thur - day, June 18, 1992, at 7:30 p.m. in the Council Chambers of the Allen Municipal, Annex, One Butler Circle, Allen, Texas, to:!! consider a request to amend Planned De- velopment No. 22 (PD No. 22) by changing ' to allowable use from Twin-Plex to Single - Family Detached and increasing the lot,- sizes ot-sizes on Tract 11 and Tract IV. This request is on property described as being situated in the R. C. Whisenant- Survey, Abstract No. 1012, City of Allen, " Collin County, Texas and being part of that tract of land owned by Resolution Trust Corporation and further being part of that ­ tract of land described in the Substitte'; Trustee's Deed recorded in Volume 2721, - Page 405, of the Land Records of Collin . > County, Texas; further described as being south of Bethany Drive and west of Allen Heights Drive. Anyone wishing to speack 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 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 Ordinance 1113-6-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday June 24, 1992 & Sunday June 28, 1992 and which was issued on June 24, 1992 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this day of A.D. 19 9.� Y.A. TODD Q MY COMMISSION EXF401ES Domnber S, 1992 OTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 49.50 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, June 18. 1992 (Title and Penalty Clauses only). Ordinance #1113-6-92 An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance #829-11-87, as Previously Amended, So as to Amend Ordinance #507-5-84 Planned Development- #22 (PD -22), and Ordi- nance #671-1-86 Revised Site Plan and Use Regulations, and Ordinance #790-5-87, Revised Site Plan and Use Regulations, on the Following De- scribed Tract of Land: 18.2 , and 22.8 , Acres of Land Out of The R.C. Whisenant Survey, Abstract #1012, City of Allen, Collin County, Texas; Pro- viding for Exhibits "I" and "J" Land Use Plans and Exhibit "K" Area and Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand ($2,000.00) for Each Offense; Providing for A Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation vi- olating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Com- prehensive Zoning Ordinance #829-11-87 of the City of Allen, as heretofore amended, and upon convic- tion shall be punished by a fine not to exceed the sum of Two Thousand Dol- lars ($2,000.00) for each offense. A copy of this Ordinance may be read or purchased in the office of the City Sec- retary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary 424 Legal Notices v 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, June 18, 1992 (Title and Penalty Clauses only): Ordinance #1113-6-92 An Ordinance of the'City of Allen, Collin County, Texas, Amending Comprehen- sive Zoning Ordinance #829-11-87, as Previously Amended, So as to Amend Ordinance #507-5-84 Planned Development- #22 (PD -22), and Ordi- nance #671-1-86 Revised Site Plan and Use, Regulations, and Ordinance #790-5-87, Revised Site Plan and Use Regulations, on the Following De- scribed Tract of Land: 18.2 t and 22.8± Acres of Land Out of The R.C. Whisenant Survey, Abstract #1012, City of Allen, Collin County, Texas; Pro- viding for Exhibits "I" and "J" Land Use Plans and Exhibit "K" Area and Use Regulations; Providing for a Penalty of Fine Not to Exceed the Sum of Two Thousand ($2,000.00) for Each Offense; Providing for A Severabillty Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation vi- olating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for In Com- Drehensive Zoning Ordinance 0829-11-87 of the City of Allen, as ieretofore amended, and upon convic. ion shall be punished by a fine not to 1xceed the sum of Two Thousand Dol. ars ($2,000.00) for each offense. 1 copy of this Ordinance may be read or iurchased In the office of the City Sec- stary, City of Allen, One Butler Circle, ellen, Texas 75002. ;/Judy Morrison ` Ity` Secretary 01 t -1 CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR 1qqA ORDINANCE/RESOLUTION 1113 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. 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