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O-1165-4-93ORDINANCE NO. 1165-4-93 AN ORDINANCE 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 NO. 51 (PD NO. 51), ON THE FOLLOWING- DESCRIBED TRACTS OF LAND: 25236 ACRES OF LAND OUT OF THE JAMES T. ROBERTS SURVEY, ABSTRACT NO. 777, AND 6.1609 ACRES OF LAND OUT OF THE HENRY WEIZEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR LAND USE PLANS AND DEVELOPMENT STANDARDS; 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 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 changing the Zoning Map of the City of Allen to give the herein -described tracts of land the following classification, to -wit: That the areas be and the same are hereby zoned as Planned Development No. 51 (PD No. 51). SECTION 2: That the land use plans and development standards for Phases I and II attached hereto as Exhibits "A" and 'B" 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 "A" and 'B" 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 CTTY OF ALLEN, TEXAS, ON THE 15TH DAY OF APRIL 1993. .{ I 't "I APPROVED AS TO FORM: • Ordinance No. APPROVED: Jbe Farmer, MAYOR ATTEST: •' i� . i�qieit MW 10fifffps 1165-4-93 page 2 LOT 1 .1 SITE PLAN NATIONWIDE LENDING ` CW8 ESTATES GROUP INC. 1 VOL 2!46 re 25 d • Y Joe Na 92009 Y ENGME*S • SURKYORB p BUCKINGHAM POLO CLUB ESTATES1 :l (UNRECORDED PLAT) 5 TOTAL LOTS 233 ROCK $no" RO. 1 ALLEN,TK 75002 SITE oil rK (2141 se0- 0602 aw O � 1 DOLORES JOAN MALONE 0 �+ YRGARA MALOIE 511E LGREN 'VOL 1057 F6.112 N A • 26.54' 14' C so SCALE N R • 162.92' L • 62. 19' o \ 1 \ A • 29•36037' R • 220.37' ' •►a • ,. \ _` ,_�• L • 111. 06' N ww + N • . ,tb. b� _ �� L 1457 AC a`r Qy - - --- - � a D•. feet rIr YIWG • �� N�• . 00 o ,', sI 4RJ ,I �~'� `lam SIALOw1�Lle •cam 1i E S 5 1. 1 0951 4C 1 • + I\ I I , • /� 3 LOT 4 B i_ I ; �R I I • w MAJESTIC SAVING: AGGOC. 5 • VOL lac PS 230 L 1134 Ad \ • BUCKINGHAM POLO CLUB ESTATLS IUNRECOROED PLAT) LOCATION MAP i p , ' 1 11155 AC. I -H N 3 ' 1 1 D 71 AC t r 334 50' 'N VnL.onr• u.n i4 N69•S3'22'w 474.50' /.au WESTERN FEDERAL SAVINGS M LOAN ASSOC. , VOL 2619 Pe 79• 6• This Development shall comply with the Regulations of the 'R•2* Single Family Residential District with the following exceptions: 1. Mimmuml Lot Size shall be One Acre (43,560s9uore190) 2. There shall be afront yard setback hevi" a depth of not Ion then fifty 1501 feet. The following Variances to the City of Allen Subdivision Ordinance are requested: L Alloys not required. 2. Street paving width to be 24fft%Without curbw4gutter. 1 Street pavement to be 2•KMAC. over Crcrushed store as per Collin County Requirements. 4. Drainage to be open ditch sections. S. Sidewalks not required. Ordinance No. 1165-4-93 Eehibit III II DEVELOPMENT SITE PLAN BUCKINGHAM POLO CW8 ESTATES PHASE 1 HENRY wETSEL SURVEY. ASSTRACT Ne, 1026 CITY OF ALLEN, COLLO COUNTY TOLAS o' Joe Na 92009 OWNER ENGME*S • SURKYORB p CUIINNINNee a raw" INC. :l 1476 MIC Below DRIVE 5 TOTAL LOTS 233 ROCK $no" RO. 1 ALLEN,TK 75002 SITE LOCATION MAP i p , ' 1 11155 AC. I -H N 3 ' 1 1 D 71 AC t r 334 50' 'N VnL.onr• u.n i4 N69•S3'22'w 474.50' /.au WESTERN FEDERAL SAVINGS M LOAN ASSOC. , VOL 2619 Pe 79• 6• This Development shall comply with the Regulations of the 'R•2* Single Family Residential District with the following exceptions: 1. Mimmuml Lot Size shall be One Acre (43,560s9uore190) 2. There shall be afront yard setback hevi" a depth of not Ion then fifty 1501 feet. The following Variances to the City of Allen Subdivision Ordinance are requested: L Alloys not required. 2. Street paving width to be 24fft%Without curbw4gutter. 1 Street pavement to be 2•KMAC. over Crcrushed store as per Collin County Requirements. 4. Drainage to be open ditch sections. S. Sidewalks not required. Ordinance No. 1165-4-93 Eehibit III II DEVELOPMENT SITE PLAN BUCKINGHAM POLO CW8 ESTATES PHASE 1 HENRY wETSEL SURVEY. ASSTRACT Ne, 1026 CITY OF ALLEN, COLLO COUNTY TOLAS DATE. JAK 16, 1593 Joe Na 92009 OWNER ENGME*S • SURKYORB Ga 0 TAYLOR CUIINNINNee a raw" INC. 6.1609 TOTAL ACRES TAYLOR CUOMO GUILDERS 1476 MIC Below DRIVE 5 TOTAL LOTS 233 ROCK $no" RO. SUITE 246 ALLEN,TK 75002 RICHAAOSON, TK- 75000 I ACRE MINIMUM LOT SIZE PR 727-3756 rK (2141 se0- 0602 I ll I a SCALE a4ss,e ✓.wr ,c I 6eerlXAS J(AX!/Ar, .v J Y. rJ/!, r Jim / r r r Aerr5 50-Cvlr _ — — 1 Aersrrrcr N,• 777 r 1 / : 2 �� �J•7l IS li' Z Rs d: io / r / --4r r firiw6s isSOC O iZIP J h I car ,7 Y. incl, iter 1•�\ / �� ' r �V A�/ �! I / / l / / .acre f /CliUw • _;9N J. -W.Q cp, T,C Y IOlJ, ! J47 In � � ti h % +• ,� eucr/A/JA:dAI v..7 �:✓a cJr.�rcJ r.Y,rsE W.?AW AWW DUCKIMSA QM This Development shall comply with the Regulations of the 'R-2' Single Family Residential District with the following exceptions: I. M1111Tu" Lot Size shall be One Acre (43,5Wsprore t"t) 2. There shall be a front yard setback haling a depth of not leg than fifty 1501 feet The following Variances to the City of Allen Subdivision Ordinance ore requested: L Alloys not required. 2. Street paving width to be 24he1, vnihout curbandgutter. .1 Street pavement to be 2'KMLA C. over O'cruelied Bjorn as, per Collin County Requirements. 4. Drainage to be open ditch sectans. 5. Sidewalks not required. Ordinance Na. 11654-93 Enhibit "Bit oEVEL 0~11r Sin- q oN eaC.C116 MAM AXO Ccua e574rC-1 PWAse 2 .4M,,3 r. mamA" 'J(/•rYEY, IQsrrAcr Aa 7" C/rr x- lzzew .:o[[/A/ z*avwrr, rexo JAV"4RY r/, /"1 1Cw[t: r-110' JW AO. MOSS owmow: LAI,/AWr1-*AY ~: ~ rarc[Ir CAM WA,wf / rrArvrr, Ale MAI i.5rli AC"S rAMAC tvsrtnW A~J Am emAmexmie or --Or cart res etanr A•/OIAr ASW fAIYA,D 7X TJCtlO '�' CrNf 7r7-117" 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 6.1609 Acre tract _ of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, March 24, 1993 _ and which was issued on March 24, 1993 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED A before me this V. A. TODD r tJPf COMMISSION IXPIFIES y December 5, 1996 day of A. D. 19 93 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 21 .38 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen Citi Council will conduct a public hearing a their regular meeting to be held on Thurs day, April 15, 1993, at Z:30 p.m. in the Council Chambers of the Allen Municipa Annex, One Butler Circle, Allen, Texas, tc consider a request to change the zoninc from Agriculture -Open Space to Planned' Development/R/2 Single Family with one - acre minimum lots including variances to alleys, street paving, drainage and sidewalks. This request is on property known as a 6.1609 -acre tract of land situated in the Henry Wetsel Survey, Abstract No. 1026 and also being a part of that certain tract of land conveyed to Majestic Savings Associ- ation by deed, and Lots 2 and 3 of Bucking- ham Polo Club Estates, an unrecorded subdivision; and a 2.5236 -acre tract of land in the James T. Roberts Survey, Abstract No. 777, and also being a part of that cer- tain tract of land conveyed to Majestic Sav- ings Association by Substitute Trustee's Deed, and also being Lot 16 of the Buck- ingham Polo Club Estates, an unrecorded subdivision; and further described as being located on Buckingham Lane east of SH 5. 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 telephoning ,727-0120. Secretary AFFIDAVIT AND PROOF OF PUBLICATION ------ -�--- --- --� --�--- CITY OF ALLEN THE STATE OF TEXAS PUBLIC NOTICE Notice is hereby given that the Allen City COUNTY OF COLLIN Council adopted the following ordinance at their regular meeting held on Thursday, April 15, 1993 (Title and Penalty Clause_ BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE nly)- I TACKETT, who having been by me duly sworn, on oath deposes and says: Ordinance No. 1165-4-93: An Ordinance of the City of Allen, Collin County, Texas, That she is the General Manager of THE ALLEN AMERICAN, a newspaper publlshi Amending Comprehensive Zoning Ordi- COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circular q Y 9 9 nonce No. oasto Esta as Previously Amended, so as to Establish Permanent said county, and having been published regularly and continously for more than twelve Zoning, To -Wit: Planned Development No. months prior to publishing 51 (PD No. 51), on the Following - Described Tracts of Land; 2.5236 Acres of Land Out of the James T. Roberts Survey, Ordinance �� 1 165-4-93 Abstract No. 777, and 6.1609 Acres of — Land Out of the Henry Wetzel Survey, Ab- stract No. 1026, City of Allen, Collin County, Texas; Providing for Land Use Plans and Development Standards, Pro- viding for a Penalty of Fine not to Exceed of which the attached is a true and written copy, and which was published in THE ALLE the Sum of Two Thousand Dollars AMERICAN on ($2,000.00) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. WPdnPsrJAy, April 21, 1993 & Sunday April 2 5 199 3 That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject V the -same and which was issued on April 21 1993 penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and by City of Allen of COLLIN COUNTY, TEXArl upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A printed copy of said publication is attached hereto. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, Cit? 6f Allen, One Butler-Circle,,Allen, r Texas 75002. r /s/ Judy Morrison Secretary .City to before me this day of A.D. 19 91 V. A. TODD MY COMPASSION EXPIRES /-0, �eDecember 5, 1998 (/ Jai—, , NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $45.00 CITY 0F�ALLEN . ` PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance -at] their regular meeting held on Thursday, —April 15, 1993 (Title and Penalty Clause only): hE(Ordinance No. 1165-4-93: An Ordinance U the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously Amended, so as to Establish Permanent Zoning, To -Wit. Planned Development No. 51 (PD No. 51) on the Following - Described Tracts of Land; 2.5236 Acres of Land Out of the James T. Roberts Survey, Abstract No. 777, and 6.1609 Acres of Land Out of the Henry Wetzel Survey, Ab- stract No. 1026, City of Allen, Collin Cour'ty, Texas; Providing for Land Use Plans and Development Standards; Pro- viding fora 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. 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 Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary