O-523-6-84N
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ORDINANCE NO. 523-6-84
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO
AS TO ESTABLISH PERMANENT ZONING, TO -WIT: "PD" PLANNED
DEVELOPMENT NO. 23, ON THE FOLLOWING -DESCRIBED TRACT OF
LAND: APPROXIMATELY 898 ACRES OF LAND, MORE OR LESS, OUT
OF THE JESSE A. GOUGH SURVEY, ABSTRACT NO. 347, THE DAVID M.
TUCKER SURVEY, ABSTRACT NO. 914, THE JAMES W. PARSON
SURVEY, ABSTRACT NO. 704, AND THE ALFRED SLACK SURVEY,
ABSTRACT NO. 854, COLLIN COUNTY, TEXAS; PROVIDING FOR A
LAND USE PLAN; PROVIDING FOR USE REGULATIONS; PROVIDING
FOR RESTRICTIVE COVENANTS; 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 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 Comprehensive Zoning Ordinance No. 366-10-81 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. 366-10-81 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 to give the following tract of land the
following zoning classification, to -wit: That the area be and the same is hereby zoned
as "PD" Planned Development No. 23.
See Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the Land Use Plan attached hereto as Exhibit "B" and
Ordinance No. 523-6-84 - Page 1
made a part hereof for all purposes shall be adhered to in its entirety for purposes of
development of PD (Planned Development) No. 23.
SECTION 3. That the Use Regulations described as Exhibit "C" and attached
hereto and made a part hereof for all purposes shall be the governing regulations for PD
(Planned Development) No. 23.
SECTION 4. That the Restrictive Covenants described in Exhibit "D" and
attached hereto and made a part hereof for all purposes shall be the governing
regulations for PD (Planned Development) No. 23.
SECTION 5. 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 6. 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 1113" and "C", and "D".
SECTION 7. 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.
SECTION 8. 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 delcares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
SECTION 9. 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.
Ordinance No. 523-6-84 - Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 21ST DAY OF JUNE, 1984.
APPROVED:
M � �—W- —1f- WN N - Now - - - We
PION ml. rem MUOT4111161-11ful
ATTEST:
Marty Hendrix, Ci&v Secretary
APPROVED AS TO FORM:
Ordinance No. 523-6-84 - Page 3
AM
ORDINANCE 523-6784
EXHIBIT "C"
USE REGULATIONS PER ZONING DISTRICT
Baker/Green Planned Development
±900 Acres
Allen, Texas
Zoning Request: FP -PD
As Approved by City Council
6-21-84
6-21-84
6/21/84
USE REGULATIONS PER ZONING DISTRICT
Baker/Green Planned Development
±900 Acres
See attached land use plan for specific reference per land tract.
ZONING CATEGORY
SFA -1 (Town Homes): Same as Section 3:01(G) "TH" Town House Residential
District Regulations of the City of Allen Comprehensive
Zoning Ordinance.
"2-F" Duplex: Same as Section 3:01(F) "2-F" Duplex Residential District
Regulations of the City of Allen Comprehensive Zoning
Ordinance, except that the minimum dwelling size shall
be 1200 square feet.
Multi -Family: Same as Section 3:01(I) "MF -2" Multi -Family Residential
District Regulations of the City of Allen Comprehensive
Zoning Ordinance with the following exceptions:
(A) MF Districts are limited to 18 dwelling units per
acre.
(B) Each Multi -Family District shall have a minimum of
-40% of units with minimum of 700 sq. ft.
-40% of units with minimum of 850 sq. ft.
-20% of units with minimum of 1000 sq. ft.
Office: Same as Section 3:01(K) "0" Office District Regulations
of the City of Allen Comprehensive Zoning Ordinance with
the following exception:
(A) All "0" Office Tracts are restricted to "Garden Type"
offices with maximum two story height.
Local Retail: Same as Section 3:01(L) Local Retail District Regulations
of the City of Allen Comprehensive Zoning Ordinance with
the following exceptions:
(A) Additional Permitted Uses:
1. Indoor Theater
2. Bank & Financial Institution
3. Office Supplies
4. Paint Sales/Wallpaper/Interior Decorating (All Inside)
5. Furniture Sales
6. Auto Parts Sales
7. Restaurant
8. Restaurant (With drive-thru window)
9. Office Show Room Building
10. Auto Laundry (Car Wash)
*11. Service Station (Specific Use Permit Required)
*Specific Use Permit Required for Item #11.
FP -CF: To be donated to City of Allen at time of platting.
Exception is that if City does not desire some portion
of Flood Plain, it (Flood Plain) would revert to
developer who dedicated it at time of platting.
SFD-1 SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached
dwellings, on lots of not less than twelve thousand (12,000) square
feet, together with the allowed incidental and accessory uses. This
district should provide for about 2.5 dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for
the following purposes:
a. Any use permitted in District "R-2" of City of Allen Comprehensive
Zoning Ordinance.
b. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty (30) feet
or two and one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth
of not less than thirty (30) feet.
(2) Side Yard - There shall be a side yard on each side of
the lot having a width of not less than ten (10) per cent
of the lot width. A side yard adjacent to a side street
shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth
of not less than twenty (20) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot
of less than twelve thousand (12,000) square feet. Such
lot shall have a minimum buildable area of four thousand
six hundred (4,600) square feet.
(2) Lot Width - The width of the lot shall not be less than
one hundred (100) feet at the front street building line,
nor shall its average width be less than one hundred (100)
feet.
(3) Lot Depth - The depth of the lot shall not be less than
one hundred twenty (120) feet, except that a corner lot
may have a depth of less than one hundred twenty (120)
feet provided that the minimum depth is not less than
one hundred (100) feet.
c. Minimum Dwelling Size - The minimum floor area of any dwelling
shall be two thousand five hundred (2500) square feet, exclusive
of garages, breezeways, and porches.
d. Lot Coverage - In no case shall more than thirty-five (35)
per cent of the total lot area be covered by the combined area
of the main buildings 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.
SFD-2 SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached
dwellings, on lots of not less than ten thousand (10,000) square
feet, together with the allowed incidental and accessory uses. This
district should provide for about 3.0 dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for
the following purposes:
a. Any use permitted in District "SFD-1"
b. Such uses as may be permitted under the provisions of Section
2.06, Specific Use Permits.
3. Height Regulations - No building shall exceed thirty (30) feet
or two and one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having -a depth
of not less than thirty (30) feet.
(2) Side Yard - There shall be a side yard on each side of
the lot having a width of not less than ten (10) per cent
of the lot width. A side yard adjacent to a side street
shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth
of not less than twenty (20) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot
of less than ten thousand (10,000) square feet. Such
lot shall have a minimum buildable area of four thousand
(4000) square feet.
(2) Lot Width - The width of the lot shall not be less than
eighty 80) feet at the front street building line, nor
shall its average width be less than eighty (80) feet.
(3) Lot Depth - The depth of the lot shall not be less than
one hundred twenty (120) feet, except that a corner lot
may have a depth of•less than one hundred twenty (120)
feet provided that the minimum depth is -not less than
one hundred (100) feet.
C. Minimum Dwelling Size - The minimum floor area of any dwelling
shall be two thousand (2000) square feet, exclusive of garages,
breezeways, and porches.
d. Lot Coverage - In no case shall more than thirty-five (35) per
cent of the total lot area be 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.
SFD-3 SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached
dwellings, on lots of not less than nine thousand (9000), eight
thousand five hundred (8,500) and eight thousand (8000) square
feet, together with the allowed incidental and accessory uses. This
district should provide for about 3.5 dwelling units per acre.
2. Use Regulations - A building or premise shall be used only for
the following purposes:
a. Any use permitted in District SFD-2.
b. Such uses as may be permitted under the provisions of Section
2.06, Specific Use Permits.
3. Height Regulations - No building shall exceed thirty (30) feet
or two and one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth
of not less than twenty-five (25) feet.
(2) Side Yard - There shall be a side yard on each side of
the lot having a width of not less than ten (10) per cent
of the lot width. A side yard adjacent to a side street
shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth
of not less than twenty (20) feet.
b. Size of Lot -*See attachment for exact lot size per tract in
this Zoning District
(1) Lot Area - No building shall be constructed on any lot
of less than nine thousand (9000), eight thousand five
hundred (8,500) and eight thousand (8000) square feet.
Such lot shall have a minumum buildable area of three
thousand twohundred (3,200) square feet.
(2) Lot Width - The width of the lot shall not be less than
seventy 70) feet at the front street building line, nor
shall its average width be less than seventy (70) feet.
(3) Lot Depth - The depth of the lot shall not be less than
one hundred twenty (120) feet, except that a corner lot
may have a depth of less than one hundred twenty (120)
feet provided that the minimum depth is not less than
one hundred (100) feet.
c. Minimum Dwelling Size -*See attachment for exact minimum floor
area per tract in this Zoning District.
The minimum floor area of any dwelling shall be eighteen hundred
(1,800) square feet and sixteen hundred (1,600) square feet,
exclusive of garages, breezeways, and porches.
d. Lot Coverage - In no case shall more than forty (40) per cent
of the total lot area be covered by the combined area of the
main buildings and accessory buildings.
5. Building Regulations:
a. Type of Materials - All main buildings shall have exterior
construction of a minimum of 75b brick, tiles, cement, concrete,
stone, or similar materials.
r
SFD-4 SINGLE FAMILY RESIDENTIAL DISTRICT REGULATIONS
1. Purpose - This district is to be composed of single-family, detached
dwellings, on lots of not less than seventy-five hundred (7500)
square feet, together with the allowed incidental and accessory
uses. This district should provide for about 4.0 dwelling units
per acre.
2. Use Regulations'- A building or premise shall be used only for
the following purposes:
a. Any use permitted in District SFD-3.
b. Such uses as may be permitted under the provisions of Section
2.06, Specific Use Permits.
3. Height Regulations - No building shall exceed thirty (30) feet
or two and one-half (2-1/2) stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a depth
of not less than twenty-five (25) feet.
(2) Side Yard - There shall be a side yard on each side of
the lot having a width of not less than ten (10) per cent
of the lot width. A side yard adjacent to a side street
shall not be less than fifteen (15) feet.
(3) Rear Yard - There shall be a rear yard having a depth
of not less than twenty (20) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot
of less than seventy five hundred (7,500) square feet.
Such lot shall have a minimum buildable area of three
thousand two hundred (3200) square feet.
(2) Lot Width - The width of the lot shall not be less than
sixty-five (65) feet at the front street building line,
nor shall its average width be less than sixty-five (65)
feet.
(3) Lot Depth - The depth of the lot shall not be less than
one hundred ten (110) feet, except that a corner lot may
have a depth of less than one hundred ten (110) feet provided
that the minimum depth is not less than one hundred (100)
feet.
c. Minimum Dwelling Size - *See attachment for exact minimum
floor area per tract in this Zoning District.
The minimum floor area of any dwelling shall be sixteen hundred
(1600) and fourteen hundred (1400) square feet, exclusive of
garages, breezeways, and porches.
d. Lot Coverage - In no case shall more than forty (40) per cent
of the total lot area be covered by the combined area of the
main buildings 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.
ORDINANCE 523-6-84 _ DRAFT
EXHIBIT "D"
TWIN CREEKS
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
WHEREAS, WILLARD R. BAKER and ASSOCIATES, a Texas general
partnership ("Declarant"), is the owner of record of certain real
property located in the City of Allen, Collin County, Texas, being
more particularly described herein (the "Property");
WHEREAS, Declarant desires to subject the Property to the
covenants, conditions, restrictions, and development standards
hereinafter set forth;
NOW, THEREFORE, Declarant hereby declares that the Property is
and shall be held, sold and conveyed subject to the following
covenants, conditions, restrictions, and development standards which
are for the purpose of enhancing and protecting the value and
desirability of, and which run with and benefit the Property, and
shall be binding upon and shall inure to the benefit of all parties
having any right, title or interest in or to the Property, or any
part thereof, and their respective heirs, legal representatives,
successors and assigns.
ARTICLE I
DEFINITIONS
Section 1. "Declarant" shall mean WILLARD R. BAKER and
ASSOCIATES, a Texas general partnership, and any successor in title
to said partnership which shall, at any time, acquire the then
entire interest of said partnership in the real property subject to
this Declaration.
Section 2. "Declaration" shall mean this instrument, as may
from time to time be amende-277
Section 3. "Property" shall mean that certain real property
descri a in Exhi it A attached hereto, and any improvements
thereon.
Section 4. "Lot" shall mean any parcel, plot or tract of land
identified y site and block number shown upon any recorded
subdivision map of the Property.
Section 5. "Owner" shall mean the record owner, whether one or
more Persons, of tTe fee simple title to any Lot, but excluding
those having only a lien on such Lot until such time as such Person
(whether by foreclosure or otherwise) becomes the record owner
thereof.
Section 6. "Person" shall mean an individual, corporation,
partners ip, associatio , trust or other legal entity or any
combination thereof.
Section 7. "ARC" shall mean the Architectural Review
Committee.
Section 8. "�CCompr�ehensIve Zoning Ordinance" shall mean the
City of Allen Comprehensive Zoning Ordinance, adopted by the Allen
City Council on October 6, 1983.
-1-
Section 9. "Covenants" shall mean all covenants, conditions,
restrictions, and eve opment standards set forth herein.
Section 10. "Twin Creeks" shall mean the planned residential
community ocated on the Property, to which these Covenants apply.
Section 11. "Declarant's Approved Final Plat" shall mean the
final plat approved by the Allen City Council and Planning and
Zoning Commission and on file in the plat records of Collin County,
Texas.
ARTICLE II
POWERS IN DECLARANT
Declarant reserves the right to make such changes in the
boundaries and designation of Lots not sold to others as it deems
advisable, provided that any such changes shall not unreasonably or
substantially adversely affect the boundaries or the beneficial use
and enjoyment of any Lot then owned by any Person other than
Declarant.
ARTICLE III
ARCHITECTURAL REVIEW COMMITTEE
Section 1. Creation. Declarant shall designate, appoint and
if necessary replace, the members of the Architectural Review
Committee, which committee shall consist of not less than three (3)
qualified natural persons. The ARC shall serve at the pleasure of
the Declarant.
Section 2. ARC Deviations. The ARC or its assignee, at its
sole discretion, is hereby authorized and empowered to grant
reasonable variances from the provisions, of these Covenants or any
portion thereof in order to overcome practical difficulties and to
prevent unnecessary hardship in the application of the provisions
contained herein; provided, however, that said variances shall not
materially injure any of the Property. Such approvals must be
granted in writing and no variance shall constitute a waiver of any
provision of these Covenants as applied to any other person or
property.
Section 3. Ri ht to Assign. Upon the sale and development of
eighty percent (80 o the Property, Declarant may assign to the
Allen City Council, or the.successors or assigns thereof, its right
to designate, appoint, and replace the ARC members. At such time,
the Allen City Council shall appoint three (3) landowners, being
natural persons residing within Twin Creeks, to serve as ARC
members, and the incumbent ARC members shall assign their duties and
rights to said appointees..
ARTICLE IV
RESIDENTIAL AREA COVENANTS
Section 1. Land Use. Property zoned for residential use,
including, but not—iiited to Lots designated "SFD-1111 "SFD-211,
"SFD-31@, 11SFD-4111? "SFD-5", "SFA -11-1 "2F", or "MF" on Declarant's
Approved Final Plat, shall be used for private residential purposes
only.
Section 2. Permissible Uses: "SFD-1". Permissible uses on
Lots designatiRd IISFD-111 on Dec arant s Approved Final Plat shall be
limited to:
a. Single-family detached dwellings on lots containing
not less than twelve thousand (12,000) square feet;
-2-
b. Public or state accredited schools;
C. Churches;
d. Accessory buildings and uses, customarily incidental
to the above uses and located on the same lot
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
e. Real estate sales offices during the development of
residential subdivisions;
f. Temporary buildings for uses incidental to
construction work on the premises, which buildings
shall be removed upon completion or abandonment of
construction work;
g. Such uses as may be permitted under the provisions
of section 2.06 of the Comprehensive Zoning
Ordinance ("Specific Use Permits").
Section 3. Permissible Uses: "SFD-2". Permissible uses on
Lots esignated "SFD- on Dec arant s Approved Final Plat shall be
limited to:
a. Single-family detached dwellings on lots containing
not less than ten thousand (10,000) square feet;
b. Accessory buildings and uses, customarily incidental
to the above use and located on the same lot
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
C. Any use permitted on Lots designated "SFD-1", as
provided in Article III, Section 2, herein.
Section 4. Permissible Uses: "SFD-3". Permissible uses on
Lots esignate "SFD- on Dec arant s Approved Final Plat shall be
limited to:
a. Single-family detached dwellings on lots containing
not less than nine thousand (9,000), eight thousand
five hundred (8,500) or eight thousand (8,000)
square feet.
b. Accessory buildings and uses, customarily incidental
to the above use and located on the same lot
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
C. Any use permitted on Lots designated "SFD-2", as
provided in Article III, Section 3, herein.
Section 5. Permissible Uses: "SFD-4". Permissible uses on
Lots designated "OD -4" on Dec arant s Approved Final Plat shall be
limited to: I
a. Single-family detached dwellings on lots containing
not less than seventy-five hundred (7,500) square
feet;
b. Accessory buildings and uses, customarily incidental
to the above use and located on the same lot
-3-
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
C. Any use permitted on Lots designated "SFD-3", as
provided in Article III, Section 4, herein.
Section 6. Permissible Uses: "SFD-5". Permissible uses on
Lots designated "SFD-5" on Dec arant's Approved Final Plat shall be
limited to:
a. Single-family detached dwellings on lots containing
not less than five thousand five hundred (5,500)
square feet;
b. Accessory buildings and uses, customarily incidental
to the above use and located on the same lot
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
C. Any use permitted on Lots designated SFD-4, as
provided in Article III, Section 5, herein.
Section 7. Permissible Uses: 112-F" (Duplex). Permissible uses
on Lots designate '2-F' on Dec arant's Approve Final Plat shall be
limited to:
a. Two family attached or duplex dwellings;
b. Accessory buildings and uses, customarily incidental
to the above. use and located on the same lot
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
C. Any use permitted on Lots designated "SFD-5", as
provided in Article III, Section 6, herein.
Section 8. Permissible Uses: "SFA -1" (Townhouses).
Permissible uses on Lots designated "SFA -111 --on- Dec arant's Approved
Final Plat shall be limited to:
a. Attached dwelling units on separate lots under
separate ownership of dwelling units, provided that
no more than six (6) dwelling units are attached in
one contiguous row or group, and provided that no
dwelling unit is constructed above another dwelling
unit;
b. Accessory buildings and uses, customarily incidental
to the above use and located on the same lot
therewith. Accessory buildings must be properly
designed, constructed, and securely anchored. No
temporary buildings, mobile homes, travel trailers,
or motor homes may be used for dwelling purposes;
C. Any use permitted on Lots designated "2-F", as
provided in Article III, Section 7, herein.
Section 9. Permissible Uses: "MF" (Multi -Family). Permissible
uses on Lots designate 'MF on Dec arant s Approved Final Plat
shall be limited to:
a. Multi -family attached dwellings, limited to not more
than eighteen (18) dwelling units per acre;
-4-
b. Dormitories for students;
C. Fraternity or sorority houses;
d. Accessory buildings and uses, customarily incidental
to the above uses and located on the same lot
therewith, not involving the conduct of retail
business;
e. Any use permitted on Lots designated "SFA -1", as
provided in Article III, Section 8, herein.
Section 10. Dwelling Size: "SFD-111. No building located on
Lots designated "SFD-1" on Dec arant's Approved Final Plat shall
exceed thirty (30) feet or two and one-half (2-h) stories in height.
The minimum floor area of any dwelling located on any such lot shall
be two thousand (2,000) square feet, exclusive of garages,
breezeways, and porches.
Section 11. Dwelling Size: "SFD-211. No building located on
Lots designated "SFD-2" on Dec larant's•,Approved Final Plat shall
exceed thirty (30) feet or two and one-half (2-�) stories in height.
The minimum floor area of any dwelling located on any such lot shall
be two thousand (2,000) square feet, exclusive of garages,
breezeways, and porches.
Section 12. Dwelling Size: "SFD-3". No building located on
Lots designate "SFD- " on Dec arant s Approved Final Plat shall
exceed thirty (30) feet or two and one-half (2-h) stories in height.
The minimum floor area of any dwelling located on any such lot shall
be eighteen hundred (1,800) or sixteen hundred (1,600) square feet,
exclusive of garages, breezeways, and porches.
Section 13. Dwelling Size: "SFD-4". No building located on
Lots designate "SFD-4' on Declarant's Approved Final Plat shall
exceed thirty (30) feet or two and one-half (2-�) stories in height.
The minimum floor area of any dwelling located on any such lot shall
be eighteen hundred (1,800) or sixteen hundred (1,600) square feet,
exclusive of garages, breezeways, and porches.
Section 14. Dwelling Size: "SFD-511. No building located on
Lots desiTgnate "SFD- on Declarant's Approved Final Plat shall
exceed thirty (30) feet or two and one-half (2-�) stories in height.
The minimum floor area of any dwelling located on any such lot shall
be twelve hundred (1,200) square feet, exclusive of garages,
breezeways, and porches.
Section 15. Dwelling Size: "SFA -1" (Townhouses). No building
located -on Lots designatedIISFA-mon on s Approved Final
Plat shall exceed thirty (30) feet or two and one-half (2-L) stories
in height. The minimum floor area of any dwelling unit located on
any such lot shall be one thousand (1,000) square feet, exclusive of
garages, breezeways, and porches.
Section 16. Dwelling Size: 112F" (Duplex). No building located
on Lots designated "2F" on Declarant's Approved Final Plat shall
exceed thirty (30) feet or two and one-half (2-�) stories in height.
The minimum floor area of any dwelling unit located on any such lot
shall be one thousand (1,000) square feet, exclusive of garages,
breezeways, and porches.
Section 17. Dwelling Size: "MF" (Multi -Family). No building
located on Lots designat d MF on Declarant's Approved. Plat
shall exceed thirty (30) feet or two and one-half (2-�) stories in
height, except that a building may be erected to a height of eighty
(80) feet or eight (8) stories if set back from all required yard
lines a distance of one (1) foot for each two (2) feet of additional
height above thirty (30) feet. Within each district designated "MF"
on Declarant's Approved Final Plat, forty percent (40%) of the
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dwelling units shall have a minimum floor area of seven hundred
(700) square feet, exclusive of garages, breezeways, and porches;
forty percent (40%) of the dwelling units shall have a minimum floor
area of eight hundred fifty (850) square feet, exclusive of garages,
breezeways, and porches; and, twenty percent (20%) of the dwelling
units shall have a minimum floor area of one thousand (1,000) square
feet, exclusive of garages, breezeways, and porches.
Section 18. Area Regulations: "SFD-1"
a. Size of Yard. Lots designated "SFD-1" on
Dec arant s Approved Final Plat shall have a front
yard with a depth of not less than thirty (30) feet.
Each such lot shall have a side yard, on each side
of the lot, with a width of not less than ten
percent (10%) of the lot width. A side yard
adjacent to a side street shall not be less than
fifteen (15) feet. Each such lot shall have a rear
yard with a depth of not less than twenty (20) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than twelve thousand (12,000) square
feet. Such lot shall have a minimum buildable area
of four thousand six hundred (4,600) square feet.
The width of the lot shall not be less than one
hundred (100) feet at the front street building
line, nor shall its average width be less than one
hundred (100) feet. The depth of the lot shall not
be less than one hundred twenty (120) ;feet, except
that a corner lot may have a depth of less than one
hundred twenty (120) feet provided that the minimum
depth is not less than one hundred (100) feet. In
no case shall more than thirty-five percent (35%) of
the total lot area be covered by the combined area
of the main buildings and accessory buildings.
Section 19. Area Regulations: "SFD-2".
a. Size of Yard. Lots designated "SFD-2" on
Dec arant's Approved Final Plat shall have a front
yard with a depth of not less than thirty (30) feet.
Each such lot shall have a side yard, on each side
of the lot, with a width of not less than ten
percent (10%) of the lot width. A side yard
adjacent to a side street shall not be less than
fifteen (15) feet. Each such lot shall have a rear
yard with a depth of not less than twenty (20) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than ten thousand (10,000) square
feet. Such lot shall have a minimum buildable area
of four thousand (4,000) square feet. The width of
the lot shall not be less than eighty (80) feet at
the front street building line, nor shall its
average width be less than eighty (80) feet. The
depth of the lot shall not be less than one hundred
twenty (120) feet, except that a corner may have a
depth of less than one hundred twenty (120) feet
provided that the minimum depth is not less than one
hundred (100) feet, in no case shall more than
thirty-five percent (35%) of the total lot area be
covered by the combined area of the main buildings
and accessory buildings.
Section 20. Area Regulations: "SFD-3".
a. Size of Yard. Lots designated "SFD-3" on
Dec arant s Approved Final Plat shall have a front
yard with a depth of not less than twenty-five (25)
feet. Each such lot shall have a side yard, on each
side of the lot, with a width of not less than ten
percent (10%) of the lot width. A side yard
adjacent to a side street shall not be less than
fifteen (15) feet. Each such lot shall have a rear
yard with a depth of not less than twenty (20) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than nine thousand (9,000), eight
thousand five hundred (8,500), or eight thousand
(8,000) square feet. Such lot shall have a minimum
buildable area of three thousand two hundred (3,200)
square feet. The width of the lot shall not be less
than seventy (70) feet at the front street building
line, nor shall its average be less than seventy
(70) feet. The depth of the lot shall not be less
than one hundred twenty (120) feet, except that a
corner lot may have a depth of less than one hundred
twenty (120) feet provided that the minimum depth is
not less than one hundred (100) feet. In no case
shall more than forty percent (40%) of the total lot
area be covered by the combined area of the main
buildings and accessory buildings.
Section 21. Area Regulations: "SFD-411.
a. Size of Yard. Lots designated "SFD-4" on
Declarant's Approved Final Plat shall have a front
yard with a depth of not less than twenty-five (25)
feet. Each such lot shall have a side yard, on each
side of the lot, with a width of not less than ten
percent (10%) of the lot width._ A side yard
adjacent to a side street shall not be less than
,fifteen (15) feet. Each such lot shall have a rear
yard with a depth of not less than twenty (20) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than seventy five hundred (7,500)
square feet. Such lot shall have a minimum
buildable area of three thousand two hundred (3,200)
square feet. The width of the lot shall not be less
than sixty-five (65) feet at the front street
building line, nor shall its average width be less
than sixty-five (65) feet. The depth of the lot
shall not be less than one hundred ten (110) feet,
except that a corner lot may have a depth of less
than one hundred ten (110) feet provided that the
minimum depth is not less than one hundred (100)
feet. In no case shall more than forty percent
(40%) of the total lot area be covered by the
combined area of the main buildings and accessory
buildings.
Section 22. Area Regulations: "SFD-5".
a. Size of Yard. Lots designated "SFD-5" on
Dec arant s Approved Final Plat shall have a front
yard with a depth of not less than twenty (20) feet.
Each such lot shall have a side yard, on each side
of the lot, with a width of not less than ten
percent (10%) of the lot width. A side yard
adjacent to a side street shall not be less than
fifteen (15) feet. Zero lot line concept may be
used with a minimum of ten (10) feet between
structures. Each lot shall have a rear yard with a
depth of not less than twenty (20) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than five thousand five hundred
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(5,500) square feet. Such lot shall have a minimum
buildable area of two thousand two hundred (2,200)
feet. The width of the lot shall not be less than
fifty (50) feet at the front street building line,
nor shall its average width be less than fifty, (50)
feet. The depth of the lot shall not be less than
one hundred (100) feet, except that a corner lot may
have a depth of less than one hundred (100) feet
provided that the minimum depth is not less than
ninety (90) feet. In no case shall more than forty
percent (40%) of the total lot area be covered by
the combined area of the main buildings and
accessory buildings.
Section 23. Area Regulations: "SFA -1" (Townhouses).
a. Size of Yard. Lots designated "SFA -1" on
Declarant -'-s Approved Final Plat, shall have a front
yard with a depth of not less than twenty (20) feet.
Each contiguous row or group of dwellings located on
such lot shall have a side yard, on each side, of
not less than six (6) feet. A side yard adjacent to
a side street shall not be less than fifteen (15)
feet. Each such lot shall have a rear yard with a
depth of not less than fifteen (15) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than three thousand three hundred
(3,300) square feet. Such lot shall have a minimum
buildable area of two thousand two hundred fifty
(2,250) square feet. The width of the lot shall not
be less than thirty (30) feet at the front street
building line. The depth of the lot shall not be
less than one hundred ten (110) feet. In no case
shall more than sixty-five percent (65%) of the
total land area be covered by the combined area of
the main buildings and accessory buildings.
Section 24. Area Regulations: "2F" (Duplex).
a. Size of Yard. Lots designated "2F" on Declarant's
Approved Final Plat shall have a front yard with a
depth of not less than twenty-five (25) feet. Each
building located on such lot shall have a side yard,
on -each side, of not less than ten percent (10%) of
the lot width. - A side yard adjacent to a' side
street shall not be less than fifteen (15) feet.
Each such lot shall have a rear yard with a depth of
not less than fifteen (15) feet.
b. Size of Lot. No building shall be constructed on
any lot of less than seven thousand five hundred
(7,500) square feet. Such lot shall have a minimum
buildable area of three thousand (3,000) square
feet. The width of the lot shall not be less than
sixty-five (65) feet at the front street building
line, nor shall its average width be less than
sixty-five (65) feet. The depth of the lot shall
not be less than one hundred ten (110) feet, except
that a corner lot may have a depth of less than one
hundred ten (110) feet provided that the minimum
depth is not less than ninety (90) feet. In no case
shall more than forty percent (40%) of the total lot
area be covered by the combined area of the main
buildings and accessory buildings.
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Section 25. Area Regulations: "MF" (Multi-Famil
a. Size of Yard. Lots designated "MF" on Declarant's
Approve ni al Plat shall have a front yard with a
depth of not less than twenty (20) feet. Each such
lot shall have a side yard, on each side of the lot,
with a width of not less than ten (10) feet. A side
yard adjacent to a side street shall not be less
than fifteen (15) feet. Each such lot shall have a
rear yard with a depth of not less than twenty (20)
feet.
b. Size of Lot. No building shall be constructed on
any lot less than sixteen thousand (16,000)
square feet. Such lot shall have a minimum
buildable area of six thousand four hundred (6,400)
square feet. No lot shall contain less than one
thousand eight hundred (1,800) square feet per
dwelling unit. The width of the lot shall not be
less than one hundred (100) feet at the front street
building line. The depth of the lot shall not be
less than one hundred (100) feet. In no case shall
more than fifty percent (50%) of the total lot area
be covered by the combined area of the main
buildings and accessory buildings.
Section 26. Building Regulations: "SFD-11-, "SFD-21-01 11SFD-311,
"SFD-411, "SFD-51-, "SFA -11-, 912F11, 'MF". All main buildings located
on Lots designate SFD-1 , SFD-27, "SFD-311, "SFD-411, "SFD-5",
"SFA -111, "2F", or "MF" on Declarant's Approved Final Plat shall have
exterior construction of a minimum of seventy-five percent (75%)
brick, tile, cement, concrete, stone, or similar materials.
Section 27. Use Restrictions. The following use restrictions
apply exclusively to Property zoned for residential use, including,
but not limited to Lots designated "SFD-111, "SFD-211, "SFD-3",
"SFD-411, "SFD-51', "SFA -1111 "2F", and "MF" on Declarant's Approved
Final Plat.
a. ARC Approval Required. Prior to the commencement of
any construction of any building or other structure
upon any Lot (whether initially or by way of
addition to another building or structure), two
complete sets of final drawings and specifications
for the building or other structure, as hereinafter
set forth (the "-Plans"), shall be submitted to the
ARC for its written approval. In addition to final
drawings and specifications, the Plans shall consist
of: (1) site plan showing the locations of all
contemplated buildings or other structures, parking
areas, driveways, pedestrian walkways, service
areas, loading docks (if any), and drainage system,
(2) exterior elevations and building sections
showing the design, including front, rear and side
elevations together with a description of materials
(outside walls of all buildings shall be of
materials approved by the ARC), (3) clearing,
landscaping and sprinkler system plans and, (4) an
exterior lighting plan, graphics and sign
specifications. The ARC shall within thirty (30)
days after receipt of the Plans advise the
submitting party of its approval or disapproval of
same. In the event the ARC does not advise the
party submitting the Plans by written notice given
within such 30 -dad period of the disapproval or
objection to certain features of the Plans as
submitted, the approval of ARC shall be conclusively
presumed to have been given. The aforesaid 30 -day
period for ARC's review of the Plans shall not
commence to run until two complete sets of all of
the above-described drawings, plans and'
specifications comprising the Plans have been
received by the ARC in final form. In the event the
ARC shall object to or disapprove all or any portion
of the Plans, the party submitting the Plans shall
cause the Plans to be modified to the extent
required by the ARC and resubmit revised Plans to
the ARC for approval. No construction of any kind
(including clearing or grading) shall be commenced
upon any lot without ARC's prior written approval of
the Plans as set forth above. All buildings or
other structures built on the Property shall be
constructed in accordance with the Plans as the same
shall be finally approved by the ARC. The decision
of the ARC shall be conclusive in the absence of bad
faith. The ARC shall not be liable to any person
under any theory or under any circumstances in
connection with the approval or disapproval of the
Plans including, without limitation, any liability
based on soundness or construction, adequacy of
drawings and specifications, or otherwise. In the
event construction does not commence on a project
for which Plans have been approved within one (1)
year of such approval, it shall be necessary for the
Owner to submit the Plans to the ARC for a renewal
of its approval.
b. Offensive Activities Prohibited. No use shall be
permitted which is offensive by reason of odor,
fumes, dust, smoke, noise or pollution, which is
hazardous by reason of excessive danger of fire or
explosion, or which violates any law or ordinance.
In addition, no activity or use shall be permitted
which may be or become an annoyance or nuisance to
the neighborhood, including, but not limited to, any
trailer court, junk yard, scrap metal yard or waste
material business, any dumping, disposal,
incineration or reduction of garbage or refuse, or
any fire or bankruptcy sale, or auction house
operation.
C. Oil Development Prohibited. No oil well drilling,
oil development operations, oil refining, quarrying,
or mining operations of any kind shall be permitted
on any Lot, nor. shall oil wells, tanks, tunnels,
mineral excavations, or shafts be permitted on any
Lot. No derrick or other structure designed for use
in boring for oil, natural gas, or other minerals
shall be erected, maintained, or permitted on any
Lot.
d. Animals. No animals, livestock, or poultry of any
in s all be raised, bred, or kept on any Lot
except that dogs, cats, or other household pets may
be kept, provided that they are not kept, bred, or
maintained for any commercial purpose.
e. Lots Shall Not Be Divided. No Lot shall be divided
or rep atted to make an additional lot or a portion
of an additional lot except with the written consent
of the ARC.
f. Transport Vehicles. Trucks, trailers, boats, boat
trailers, mo i e hbmes, campers, or any vehicle
other than conventional automobiles shall not be
permitted to park on the street, driveways, or Lots
overnight, and no vehicle of any size which normally
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transports inflammatory or explosive cargo may be
kept on the Property at.any time.
g. Temporary Structures. No structure of a temporary
character, trailer, mobile home, tent, shack, or
barn shall be allowed on or used on any Lot at any
time except contractors' trailers and storage sheds
during actual construction only. Old houses shall
not be moved onto any Lot nor allowed on any Lot
either temporarily or permanently. All construction
of residences or their appurtenances and approved
accessory buildings in Twin Creeks shall be original
and new upon the Lot itself. Approved accessory
buildings shall follow the same design and
construction detail as the principal dwelling.
h. signs. No sign of any kind shall be displayed to
the public view on any Lot except one sign of not
more than six (6) square feet advertising the
property for sale or rent, or signs used by a
builder to advertise the property during
-construction and sales period. Builder signs shall
conform to the restrictions of the City of Allen.
i. Utilities. Unless the prior written consent of the
Declarant to the contrary has been previously
obtained, all utility lines must be installed
underground and all utilities must be installed so
as to be as inconspicuous as possible.
j. Easements. The easements shown on the plat recorded
in Vo ume , page , of the Map Records of
Collin County, Texas, are reserved for the mutual
use and accommodation of garbage collection agencies
and all public utilities desiring to use same. Any
public utility shall have the right to remove and
keep all or part of any buildings, fences, trees,
shrubs, or other improvements or growths which in
any way endanger or interfere with the construction,
maintenance, or efficiency of its respective system
on any of these easement strips; and any public
utility shall, at all times, have the right of
ingress and egress upon said easement strips for the
purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, and adding to or removing
all or any part of its respective system without the
necessity at any time of procuring the permission of
anyone.
k. Parking. All parking area plans shall meet or
exceed the parking requirements defined in the
Comprehensive Zoning Ordinance, and shall be subject
to final written approval by the ARC. Such parking
area plans shall include specific information as to
construction materials, construction methods to be
used, and diagrams of the number, type and
configuration of parking spaces necessary.
1. Landsca,�ing. All landscaping plans shall meet or
exceed the landscaping requirements defined in the
Comprehensive Zoning Ordinance, and shall be subject
to final written approval by the ARC. Such
landscaping plans shall include information
regarding the type of sodding, the types of trees,
shrubs, and groundcover, and information regarding
other customary landscape treatment for the entire
site, including fences, walls, screening and
irrigation systems. All landscaped areas shall be
provided with an underground irrigation system.
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Further, it shall be the responsibility of the Owner
of a building site to landscape and maintain the
area between the lot lines of said Owner's building
site and the curbs of any public roadways adjacent
to such building site. All landscaping shall be
undertaken and completed in accordance with such
approved plan and said plan may not be altered,
amended or revised. without submitting the revised
landscape plan for prior written approval by the
ARC. It is the Owner's responsibility to
continually maintain all landscaping.
M. Screening Walls or Visual Barriers. Any screening
wall or visual barrier located in any residential
district or along the common boundary between any
residential and non-residential district shall meet
or exceed the screening wall and visual barrier
requirements defined in the Comprehensive Zoning
Ordinance, and shall be subject to final written
approval by the ARC.
n. Screening Wall Along FM 2170 ' (McDermott Road). A
screening wall composed or berm, or a similar -riving
plant, shall be erected, and permanently and
continually maintained in a neat and orderly manner,
along the southern border of the Property which
abuts FM 2170, at all locations screening the
Property from FM 2170.
o. Fences and Walls. Any fence or wall erected in any
residential district or along the common boundary
between any residential and non-residential or
commercial district shall meet or exceed the fence
and wall requirements defined in the Comprehensive
Zoning Ordinance, and shall be subject to final
written approval by the ARC.
P. Preservation of Trees Along Rowlett Creek and West
Rowlett CreeTc. All trees with a minimum six 6
inch ca ip er trunk, now or hereafter situated
within feet of the centerline of Rowlett
Creek, West Rowlett Creek, and their respective
tributaries, shall remain in place and shall not be
disturbed or removed, except with written permission
of the ARC.
q. Exterior Illumination. All exterior lighting shall
e designed, erected, altered and maintained in
accordance with plans and specifications submitted
to and approved in writing by the ARC. Lighting
shall be compatible and harmonious throughout the
entire development and shall be in keeping with the
specific function and building type served.
r. Gradin5 and Draina e. All site grading shall result
- rainage towardareas designated on applicable
subdivision plats as common drainage easements or
channels unless otherwise approved by the ARC.
S. Condition of Lots. All Lots shall be kept mowed or
otherwise groomed and clean of weeds, brush, or
other overgrowth.
ARTICLE V
Commercial and Non -Residential Covenants
Section 1. Land Use. Property zoned for commercial and
non-residential use, inc u ing, but not limited to Lots designated
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"O", "LR", and "CF" on Declarant's Approved Final Plat, shall be
used for commercial and non-residential purposes, as provided in
Article V, herein.
Section 2. Permissible Uses: "O" (Office District).
Permissible uses on Lots esignate 'O on Dec arant s Approved
Final Plat shall be limited to:
a. Professional Administrative Offices where services
are provided only and no chattels or goods are
offered for sale on the premises, including, but
limited to doctors, dentists, attorneys, architects,
engineers, insurance, real estate, and similar
offices;
b. ' Clinics;
C. Office Buildings;
d. The incidental retail sale of food, beverages, and
other convenience items or services is permitted to
the occupants of offices, as long as these items are
not advertised and offered for sale to the general
public;
e. Accessory buildings and uses customarily incident to
any of the above uses;
f. Such uses may be permitted under the provisions of
Section 2.06 of the Comprehensive Zoning Ordinance
("Specific Use Permits").
Section 3. Permissible Uses: "LR" (Local Retail). Permissible
uses on Lots designated' LR" on Dec larant's Approved Final Plat
shall be limited to:
a. Cleaner or laundry (self service);
b. Hardware store;
C. Barber and beauty shops;
d. Florist or garden shops (no outside storage or
sales);
e. Household appliance sales;
f. Veterinarian (no outside runs);
g. Drug store or pharmacy;
h. Bakery (retail);
i. Grocery Store;
j. Indoor theatre;
k. Bank and financial institution;
1. Office supplies store;
M. Paint sales/wallpaper/interior decorating store;
n. Furniture sales;
o. Auto parts sales;
P. Restaurant;
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q. Restaurant (with drive-through window);
r. Office showroom building;
S. Car wash;
t. Other retail stores and personal services of similar
nature and character provided that the business
establishment supplies the everyday shopping needs
of the immediate neighborhood and subject to the
following conditions:
(1) That it be conducted wholly within an enclosed
building;
(2) The required yards not be used for display,
sale or storage. of merchandise or for the
storage of vehicles, equipment container, or
waste material;
(3) That all merchandise be first hand and be sold
at retail on the premises;
(4) That such use be not objectionable because of
odor, excessive light, smoke, dust, noise,
vibration or similar nuisance;
U. Accessory buildings and uses customarily incidental
to any of the above uses;
V. Such uses as may be permitted under the provisions
of Section 2.06 of the Comprehensive Zoning
Ordinance ("Specific Use Permits"), including, but
not limited to service stations;
W. Any use permitted on Lots designated "O", as
provided in Article V, Section 2, herein.
Section 4. Permissible Uses: "CF" (Community Facilities).
Permissible uses on Lots designated "CF' on Declarant's Approved
Final Plat shall be limited to:
a. Schools, public, kindergarten, elementary, or high
schools;
b. Schools, private, with full curriculum accredited by
the State of Texas equivalent to that of public
schools;
C. Colleges and universities;
d. Public parks and recreation areas, community
centers, and private recreational facilities not
operated for private profit;
e. Country clubs or golf courses on a site containing a
total area of not less than forty (40) acres, but
not including miniature golf courses, driving
ranges, or similar forms of commercial amusement;
f. Churches and related religious institutions for
worship and religious education;
g. Public buildings, including post offices,
administrative buildings, police and fire stations
and training facilities, maintenance facilities, and
similar public uses;
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h. Cultural facilities, including museums, libraries,
fine arts centers, performing arts theatres, and
similar facilities sponsored, operated, or
maintained for the benefit of the general public;
i. Institutions, rehabilitation, and training
facilities operated or sponsored by chartered
educations, religious, or philanthropic
organizations, but excluding business or commercial
schools operated for profit;
j. Hospitals, clinics, nursing and convalescent homes,
and related medical facilities;
k. Utility buildings and structures, including water
tanks and reservoirs, water and sewage treatment
plants, and related facilities for provision of
public utilities;
1. Cemetery;
M. Accessory buildings and uses customarily incident to
any of the above uses;
n. Such uses as may be permitted under the provisions
of Section 2.06 of the Comprehensive Zoning
Ordinance ("Specific Use Permits").
Section 5. Height Regulations: "O" (Office District). The
maximum heig t fort- ainnbuilding located on any Lot designated
"O" on Declarant's Approved Final Plat shall be two (2) standard
stories, but shall not exceed thirty (30) feet in height, provided
that any building or portion thereof may be erected above said limit
if setback from all street lines and required yard lines is one (1)
foot for each one ' (1) foot of its height above such limit. In no
event, however, shall any building exceed one (1) standard story
when located within one hundred fifty (150) feet of any property
zoned for residential purposes.
Section 6. Height Regulations: "LR" (Local Retail). The
maximum height for any building located on any Lot designated "LR"
on Declarant's Approved Final Plat shall be thirty (30) Leet or two
and one-half (2-�) stories.
Section 7. Height Regulations: "CF" (Community Facilities).
The height-Timits ot the, contiguous district amici are t e most
permissive shall govern, except that such limits may be exceeded as
granted by the City Council as a part of the Site Plan Approval.
Section 8. Area Regulations: "O" (Office District).
a. Size of Yards:
1. Front Yards:
(a) There shall be a minimum front yard having
a depth of not less than one hundred (100)
feet adjacent to any street with a
right-of-way of one hundred (100) feet or
more.
(b) There shall be a minimum front yard having
a depth of not less than twenty-five (25)
feet adjacent to any street with a
right-of-way less than one hundred (100)
feet provided that any building or portion
of a building greater than thirty (30)
feet in height must be set back from the
property line one (1) foot for each one
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(1) foot above such limit with a maximum
setback of two hundred (200) feet
regardless of the height of the building.
(c) Lots having double frontage shall provide
the required setback from both streets.
2. Side Yards:
(a). There shall be a minimum side yard for
each side of the lot or tract on which any
single building or building complex is
constructed of ten (10) feet provided that
any building or portion of a building
greater than thirty (30) feet in height
must be set back from any side street,
alley, or residential district one (1)
foot for each one (1) foot above such
limit with a maximum setback of one
hundred (100) feet regardless of the
height of the building.
(b) On corner lots the required front yard
setback shall be provided on both streets.
3. Rear Yards:
(a) No rear yard is required, except that a
rear yard of not less than fifty (50) feet
in depth shall be provided upon that
portion of a lot abutting or across a rear
street from a residential district.
b. Lot Coverage: In no case shall more than fifty (50)
percent of the total lot area be covered by the
combined area of the main buildings and accessory
buildings.
C. Floor Area Ratio: The ratio of total floor area of
all buildings to total land area shall be a maximum
of 1:1.
Section 9. Area Regulations: "LR" (Local Retail).
a. Size of Yards:
(1) Front Yards: There shall be a front yard
having F --minimum depth of twenty-five (25)
feet. No parking, storage or similar use shall
be allowed in required front yards, except that
automobile parking will be permitted in such
yards if separated by at least one hundred
(100) feet from any residential district.
(2) Side Yard: A side yard of not less than
fiiFteen 15) feet in width shall be provided on
the side of a lot adjoining a side street, an
alley, or any residential district. A side
yard of not less than ten (10) feet in width
shall be provided on at least one side of any
lot.
(3) Rear Yard: No rear yard is required except
that a rear yard of not less than twenty-five
(25) feet in depth shall be provided upon that
portion of the lot abutting or across a rear
street or alley from an residential district.
-16-
b. Lot Coverage: In no case shall more than forty
,percent 40%of the total lot area be covered by a
combined area of the main buildings and accessory
buildings.
C. Floor Area Ratio: The ratio of total floor area of
all builaings to total land area shall be a maximum
of 1:1.
Section 10. Area Regulations: "CF" (Community Facilities).
The yard requirements of each adjoining zoning district shall govern
along any such common boundary. The lot coverage and floor area
ratio regulations of the contiguous district which are the most
permissive shall govern, except that such limits may be exceeded as
granted by the Allen City Council as a part of the Site Plan
Approval.
Section 11. Building Regulations: "O", "LR". The exterior of
any main building located on any Lot designated "O" or "LR" on
Declarant's Approved Final Plat, shall be constructed of stone,
brick, tile, cement, concrete, or similar materials.
Section 12. Use Restrictions. The following use restrictions
apply exc usively to Lots zoned for commercial and non-residential
use, including, but not limited to Lots designated "O", "LR", and
"CF".
a. ARC Approval Required. Prior to the commencement of
any construction of any building or other structure
upon any Lot (whether initially or by way of
addition to another building or structure), two
complete sets of final drawings and specifications
for the building or other structure, as hereinafter
set forth (the -"Plans"), shall be submitted to the
ARC for its written approval. In addition to final
drawings and specifications, the Plans shall consist
of: (1) site plan showing the locations of all
contemplated buildings or other structures, parking
areas, driveways, pedestrian walkways, service
areas, loading docks (if any), and drainage system,
(2) exterior elevations and building sections
showing the design, including front, rear and ,iide
elevations together with a description of materials
(outside walls of all buildings shall be of
materials approved by the ARC), (3) clearing,
landscaping and -sprinkler system plans and, (4) an
exterior lighting plan, graphics and sign
specifications. The ARC shall within thirty (30)
days after receipt of the Plans advise the
submitting party of its approval or disapproval of
same. In the event the ARC does not advise the
party submitting the Plans by written notice given
within such 30 -day period of the disapproval or
objection to certain features of the Plans as
submitted, the approval of ARC shall be conclusively
presumed to have been given. The aforesaid 30 -day
period for ARC's review of the Plans shall not
commence to run until two complete sets of all of
the above-described drawings, plans and
specifications comprising the Plans have been
received by the ARC in final form. In the event the
ARC shall object to or disapprove all or any portion
of the Plans, the party submitting the Plans shall
cause the Plans to be modified to the extent
required by the ARC and resubmit revised Plans to
-the ARC for approval. No construction of any kind
(including clearing or grading) shall be commenced
upon any lot without ARC's prior written approval of
the Plans as set forth above. All buildings or
-17-
other structures built on the Property shall be
constructed in accordance with the Plans as the same
shall be finally approved by the ARC. The decision
of the ARC shall be conclusive in the absence of bad
faith. The ARC shall not be liable to any person
under any theory or under any circumstances in
connection with the approval or disapproval of the
Plans including, without limitation, any liability
based on soundness or construction, adequacy of
drawings and specifications, or otherwise. In the
event construction does not commence on a project
for which Plans have been approved within one (1)
year of such approval, it shall be necessary for the
Owner to submit the Plans to the ARC for a renewal
of its approval.
b. Offensive Activities Prohibited. No use shall be
permitted which is offensive -by reason of odor,
fumes, dust, smoke, noise, or pollution, or which is
hazardous by reason of excessive danger of fire or
explosion. No use shall be permitted which is
considered objectionable, such as trailer courts,
junk yards, scrap metal yards or waste material
business, any dumping, disposal, incineration or
reduction of garbage or refuse, any fire or
bankruptcy sale or auction house operation, or any
other activity or operation which has or may have an
adverse effect on adjoining property.
C. Oil Development Prohibited. No oil well drilling,
development operations, oil refining, quarrying,
or mining operations of any kind shall be permitted
on any Lot nor shall oil wells, tanks, tunnels,
mineral excavations, or shafts be permitted on any
Lot. No derrick or other structure designed for use
in boring for oil, natural gas, or other minerals
shall be erected, maintained, or permitted on any
Lot.
d. Animals. The raising, breeding, or keeping of
anima s, livestock, or poultry is prohibited.
e. Lots Shall Not Be Divided. No lot shall be divided
or replatted to make an additional lot except with
the written consent of the ARC.
f. Transport Vehicles. The storage or parking of
campers, boats, trailers, or motor homes is
prohibited.
g. Loadin /Unloadin . Delivery vehicle loading and
unloading shall occur on-site only; on -street
delivery vehicle loading and unloading is not
permitted. Loading/unloading facilities shall be
separated from employee, customer and visitor
circulation and parking areas and shall be screened
from public view in a manner approved by the ARC.
h. Outside Storage or Operations. No outside storage
or operations ot any kind shall be permitted unless
such activity is visually screened from public view
in a manner which is architecturally compatible and
is approved by the ARC. All retail sales equipment
shall be displayed only in the interior of a
building. Water towers, cooling towers,
communication towers, storage tanks, and other
structures or equipment shall be architecturally
compatible or effectively shielded from public view.
All utility service system components and tra-sh
-18-
pick-up stations shall be integrated with the
building or screened by a fence or wall of
compatible materials and shall not be visible above
such screening from any street.
i. Si ns. Approval for the use, design, and location
of signs must be secured from the ARC in writing.
Signs shall be limited to: (1) those identifying
the names, business and products of the use
occupying a building, (2) street, directional or
information signs, and (3) signs offering premises
for sale or lease. No flashing, moving, brilliantly
illuminated or brashly colored signs shall be
permitted. Any sign installed not conforming with
the foregoing may be removed by the ARC, without
liability for trespass or other legal remedy.
j. Utilities. Unless .the prior written consent of the
Declarant to the contrary has been previously
obtained, all utility lines must be installed
underground and all utilities -must be installed so
as to be as inconspicuous as possible.
k. Easements. The easements shown on the plat recorded
in Vo ume , page , of the Map Records of
Collin County, Texas, are reserved for the mutual
use and accommodation of garbage collection agencies
and all public utilities desiring to use same. Any
public utility shall have the right to remove and
keep all or part of any buildings, fences, trees,
shrubs, or other improvements or growths which in
any way endanger or interfere with the construction,
maintenance, or efficiency of its respective system
on any of these easement strips; and any public
utility shall, at all times, have the right of
ingress and egress upon said easement strips for the
purpose of constructing, reconstructing, inspecting,
patrolling, maintaining, and adding to or removing
all or any part of its respective system without the
necessity at any time of procuring the permission of
anyone.
1. Parkinq. All parking area plans shall meet or
exceed --the parking requirements defined in the
Comprehensive Zoning Ordinance, and shall be subject
to final written, approval by the ARC. Such parking
area plans shall include specific information as to
construction materials, construction methods to be
used, and diagrams of the number, type and
configuration of parking spaces necessary.
M. Landscaping. All landscaping plans shall meet or
exceed the landscaping requirements defined in the
Comprehensive Zoning Ordinance, and shall be subject
to final written approval by the ARC. Such
landscaping plans shall include information
regarding the type of sodding, the types of trees,
shrubs, and groundcover, and information regarding
other customary landscape treatment for the entire
site, including fences, walls, screening and
irrigation systems. All landscaped areas shall be
provided with an underground irrigation system.
Further, it shall be the responsibility of the Owner
of a building site to landscape and maintain the
area between the lot lines of said Owner's building
site and the curbs of any public roadways adjacent
to such building site. All landscaping shall be
undertaken and completed in accordance with such
approved plan and said plan may not be altered,
-19-
amended or revised without submitting the revised
landscape plan for prior written approval by the
Committee. It is the Owner's responsibility to
continually maintain all landscaping.
n. Screening Walls or Visual Barriers. Any screening
wail or visual barrier ocated in any commercial or
non-residential district, or along the common
boundary between any residential and non-residential
or commercial district shall meet or exceed the
screening wall and visual barrier requirements
defined in the Comprehensive Zoning Ordinance, and
shall be subject to final written approval by the
ARC.
o. Screening Wall Along FM 2170 (McDermott Road). A
screening wall composed ot berm, or a similar -riving
plant, shall be erected, and permanently and
continually maintained in a neat and orderly manner,
along the southern border of the Property which
abuts FM 2170, at all locations screening the
Property from FM 2170.
p. Fences and Walls. Any fence or wall erected in any
commercial or non-residential district or along the
common boundary between any residential and
non-residential or commercial district shall meet or
exceed the fence and wall requirements defined in
the Comprehensive Zoning Ordinance, and shall be
subject to final written approval by the ARC.
q. Preservation of Trees Along Rowlett Creek and West
Rowlett Cree . All trees with a minimum six (6
inch calipher trunk, now or hereafter situated
within feet of the centerline of Rowlett
Creek, West Rowlett Creek, and their respective
tributaries, shall remain in place and shall not be
disturbed or removed, except with written permission
of the ARC.
r. Exterior Illumination. All exterior lighting shall
e designed, erected, altered and maintained in
accordance with plans and specifications submitted
to and approved in writing by the ARC. Lighting
shall be compatible and harmonious throughout the
entire development and shall be in keeping with the
specific function and building type served.
S. Grading and Drainage. All site grading shall result
in drainage toward areas designated on applicable
subdivision plats as common drainage easements or
channels unless otherwise approved by the ARC.
t. Temporary Structures. No structure of a temporary
character, trailer,_ mobile home, tent, shack, or
barn shall be allowed on or used on any Lot at any
time except contractors' trailers and storage sheds
during actual construction only.
U. Condition of Lots. All Lots shall be kept mowed or
otherwise groomed and clean of weeds, brush, or
other overgrowth.
ARTICLE VI
GENERAL PROVISIONS
Section 1. Application. The provisions set forth in Article
VI, herein, applyto the entire Property.
-20-
Section 2. Right of Entry. During reasonable hours subject to
reasonable security requirements, the Declarant, the ARC, and their
authorized representatives shall have right to enter any Lot, but
not the inside of buildings, for the purpose of ascertaining whether
these Covenants have been or are being complied with.
Section 3. Right to Enforce. The provisions herein contained
shall inure to the benefit of and be enforceable by (a) Declarant,
its successors or assigns; (b) any Owner; (c) `any subsequent Owner
of any Lot, or part thereof; (d) any member of the ARC; and the
failure of any of the above enumerated Persons to enforce any
Covenants herein contained shall in no event be deemed a waiver of a
right to do so thereafter as to the same breach or as to any breach
prior or subsequent thereto. Enforcement shall be by proceeding at
law or in equity against any Person violating or attempting to
violate any covenant herein, either to restrain violation or to
recover damages.
Section 4. Severability. Invalidation of any one of these
Covenants y judgment or court order shall in no wise affect any of
the other provisions which shall remain in full force and effect.
Section 5. Duration. These Covenants are to run with the land
and shall be binding on all parties and all Persons claiming under
them for a period of twenty-five (25) years from the date these
Covenants are recorded, after which time these Covenants shall be
automatically extended for successive periods of ten (10) years
unless an instrument signed by a majority of the then Owners of the
Lots have been recorded, agreeing to change or terminate said
Covenants in whole or part.
-21-
Graham Associates, Inc.
CONSULTING ENGINEERS & PLANNERS
520 Avenue "H" East
Arlington, Texas 76011-3195 – (817) 640-8535
May 22, 1984
Mr. Jon McCarty
City Manager
City of Allen
No. One Butler Circle
Allen, Texas 75002
Re: Utility Service for Twin Creeks Development
Mr. McCarty:
As you requested, we have examined the information submitted to the City
on the Twin Creeks Development as it relates to water and sanitary sewer
service. This information has consisted of, -
1.
f:
1. Report by Willard R. Baker and Associates which included
information on water and sewer service.
2. Report by Ronald E. Fix and Associates on water and sewer
service.
3. Letter from Albert H. Helff Associates, Inc. to Willard R. Baker
Development Company -regarding easements across the Mrs. Bryan
Williams property.
Our analysis of the information presented is as follows:
SANITARY SEWER:
A. Service Area:
The reports indicated three possible service areas that could be considered
by the sewer facilities needed to serve the Twin Creeks Development. These
areas being (1) The Rowlett Creek area north of F.M. 2170 and within Allen's
city limits and E.T.J. (2) The Rowlett Creek area west of U.S. 75, within
the City of Allen and its E.T.J. (excludes area north of S.H. 121 and Plano)
(3) The Rowlett Creek area west of U.S. 75 within the City of Allen and its
E.T.J. and approximately 1200 acres from Plano.
We recommend that for purposes of evaluating the sewer to the Twin Creek
Development that only the second alternate (sewer'service to areas west
of U.S. 75'and within the City of Allen and its E.T.J.) be considered.
Arlington—Dallas—Ft. Worth—Houstor
Mr. Jon McCarty
Page -2-
There are approximately 4,346 total acres within this area with approximately
12 percent of the area in non-recoverable floodway. Sewer service will be
needed for approximately 3,824 (4346-522) acres for the area outside of
floodways, but within Allen's jurisdiction.
B. Sewage Flows:
The Baker report indicates that there will be 3,069 living units on 710.10
gross acres (excluding floodways) of residential land. Based on a sewage
flow of 100 gallons per capita per day, 3.3 persons per dwelling unit and a
peaking factor of 2.5 the flow per developable acre is:
3.3 persons/L;U; x'3069'L.U.'x 100/9pd/dAy':t'2.5 = 3566 gal./day/acre
710.1 acres
This flow of 3566'gAl./day/acre should be considered as A'minimum for sizing
the sewer facilities. The Twin Creek Project contains 802.5 acres (excluding
Greenbelt) and would generate a sewage flow of 2,861,715 gallons per day
(802.5 x 3566). Based on the available grade from U.S. 75 to F.M. 2170 it
would require an 18 inch line just to serve this development.
Approximate line sizes and sewage flows for a line to serve only the Allen
jurisdiction at a density similar to Twin Creeks is as follows:
Location Developable Area Sewage Flow Line Size
(Acres) (MGD) (Inches)
North of F.M.
2170
2512'
8.96
27"
F.M. 2170 to
Bethany Road
3560
12.69
30"
Bethany Road
to west of U.S.- 75
3825
13.64
36"
West of U.S.-
75 to proposed N.T:M:W.D.
6098
21.75
42"
Lift Station
C. Line Route:
Two routes were proposed for the sewer line in the Baker Report. One route
was to parallel Rowlett Creek and the other route was to utilize existing
rights-of-way and lift stations. In view that lift station operation is an
increased maintenance expense for the City, it is recommended that'the line
para11e1-R6w1ett'Cfeek on'the north side and be located adjacent to the
floodway limits. An easement 50 feet wide should be provided for this line.
WATER SERVICE:
Water service to the Twin Creeks development is proposed in the Fix Report
to be provided by extension of a 24" line along F.M. 2170 from U.S. 75 to
the west boundary of the Twin Creek development; extension of a 24" line along
Alma Road from F.M. 2170 to Rowlett Road and extension of a 24" line along
Rowlett Road across the northern frontage of the Twin Creeks development.
Mr. Jon McCarty
Page -3-
In view of the service area, the water facilities proposed appear to be
excessive and we recommend the proposed water extensions be re-evaluated.
FINANCING:
There are several possible ways of financing the improvements to the sanitary
sewer system and these are as follows:
A. A special assessment district, similar to the agreement with the Allen
Management Corporation could be established. Under this situation the sewer
system would be constructed by Twin Creeks and possibly others, with the City
establishing an assessment on all properties not participating. The City
would be responsible for collection of the assessment and refunding it to the
original installers. Under this arrangement the City would have no financial
obligation in the project, but the legality of this method should be examined
if a large portion of the property owners do not agree to it. The disadvantage
of this system is that the cost recovery by the group installing the facility
may be delayed a long period of time.
B. The proposed sewer facilities could be financed totally by Twin Creek and/or
others, installed by the City, and assessments filed on all properties served,
with repayment to Twin Creek as assessments are collected. Under this
arrangement the City could have no financial obligation, but the legality
should be examined.
C. If a large portion of the property in the area is in favor of the sewer
facility, it would be possible to use voluntary liens for collection. Under
this method the sewer facilities would be constructed by Twin Creeks and/or
others with other properties giving Twin Creeks voluntary, interest bearing
liens on their property, with collection at the time the property is developed
or sold. If a property did not participate by helping finance or giving a
voluntary lien, service to the line would be denied. Any property not
participating would then be responsible for extension of a parallel line for
service to their property. The legality of this method should also be
examined.
D. It would be possible to establish a front foot pro rata charge and to
adjust the acreage charge on a city wide basis, so that cost recovery would
be possible. Under this method, Twin Creeks would finance and install the
facilities with cost recovery based on a front foot and acreage charge levied
on properties as they develop. It should be noted that the present city
ordinance on -acreage charge for the Twin Creek development amounts to
$308,386 for sewer and $308,386 for water or $385 [308,386]
per.acre. 802.5
If this is applied to this portion of Rowlett Creek, with a similar development
pattern, the total acreage sewer charge would be (3825 x .88 x $385)
$1,632,510.
Mr. Jon McCarty
Page -4-
If method A, B or D is used, we suggest that it be arranged for assessments
on both a front foot and acreage basis. Under this arrangement, property
that is adjacent to the sewer line would be assessed the cost of a 12 inch
line. All property would then be assessed the oversize cost on an acreage
basis.
Financing the water system must be handled differently from sewer because
improvements in one area may benefit all portions of the City. It is
therefore suggested that a pro rata front foot assessment be established
in addition to the acreage charge. For water service to the.Twin Creek
development, we suggest that the line be installed by the developer and
the developer be eligible for recovery of off site cost of a 12 inch line
as property along it develops and oversize cost from the city, if funds
are available.
This has been our preliminary analysis of the project. After additional
meetings with the developer other alternatives may need to be considered.
Sincerely,
GRAHAM ASSOCIATES, INC.
Bob H. Shawn, P.E.
Project Manager
BHS/vf
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 X ACKR)RX>313M, 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
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
/25/84. 6/28/84
and which was issued on r./ 2 5/ 8 4 , by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this 12th ay of July , A.D. 19 84
Notary Public in and for Collin County, Texas
Publisher's Fee $ Dianne Kerr
Commission Expires 10/14/87
Surve�, Abstract No. 854,
CITY OF ALLEN
PUBLIC NOTICE
Collin .County, Texas;
Notice Is hereby given
Providing for a Land Use
Plan; Providing for Use
following on
that the r-
dinance following
Regulations; Providing
the Allen City Council in
for a Penaltyof Fine Not
�
to Exceed the Sum of One
their regular session
held on Thursday, June
Thousand Dollars
21, 1984 (Title and Penal- :
21,
IS1 ,000.00►e tor. Each Of -
Clause only):
'
fence; Providing' for a
Severability Clause; and
Ordinance No. 523-6-84:
Providing for the Ef -
An Ordinance of the City
r
tin Date of Said OOr-
of Allen, Collin County; '
dinance.
Texas, Amending Com-
That any person, firm
prehensive Zoning, Or-
or corporation violating
dinance No. 366-10 81 of
any of the provisions
the City of Allen, As
terms this ordinance
Heretofore Amended, so
shall bee' subject the
as to Establish Perma-
fame penalty as provided
nent Zoning, To -Wit:
for in Comprehensive
"PD" Planned Develop-
Ordinance No.
ment No. 23, on a the
36&10.Zoning
of the City of
Following -Described
'of
Allen; as heretofore
Allen,'
A
Tract Land: Approx-
amended, and upon con -
imately 898' Acres of
action shell be punished
Land, More or Lees, Out
a fine not to exceed
of the Jesse A. Gough
he sum of One Thousand
the
t
Survey, Abstract No. 347,
Dollars ($1,000.00) for
the David -M. Tucker
each offense.
Survey, Abstract No. 704,
A copy of this or.
the James W. Parson
Abstract No. 704,
dinance may be read or
and the Alfred Slack
Purchased in the Office of
the City Secretary, Allen
Municipal Annex, One
Butler Circle, Allen,
Texas.
Marty Hendrix
City Secretary
(Published In The Allen
American on Monday,
June 25, 1984 and Thurs.
day, June 28, 1984.)
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby giver
that% the following or
dinance was adopted by
the Allen City Council in
their regular session
.held on Thursday, June
21, 1984 (Title and Penal-
ty Clause only):
Ordinance No. 5234.84:
An Ordinance of the City
of Alleri, Collin County,
Texas, Amending Com-
prehensive Zoning Or-
dinance No. 366.10-81 of
the City of, Allen, As'
Heretofore Amended, so
as to Establish Perma-
nent Zoning, To -Wit:
"PD" Planned Develop-
ment 'No. 23, on the
Following -Described
Tract of Land: Approx-
imately 898 Acres of
Land, More or Less, Out
of the Jesse A. Gough
Survey, Abstract No. 347,
the David M. Tucker
Survey, Abstract No. 704,
the James W. Parson
Survey, Abstract No. 704,
and the Alfred Slack
Survey, Abstract No. 854,
Collin County, Texas;
Providing for a Land Use
Plan; Providing for Use
Regulations; Providing
for a Penalty.'of.Fine Not
to Exceed the Sum of One
Thousand Dollars
($1,000.00) for Each Of-
fense; Providing for a
Severability Clause; and
Providing for the Effec-
tive Date of Said Or-
dinance.
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 con-
viction 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 or-
dinance may be' read or
purchased in the Office of
the City Secretary, Allen
Municipal Annex, One
Butler Circle, Allen,,
Texas.
Marty Hendrix
City Secretary
(Published in The Allen
American on Monday,
June 25, 1984 and Thurs.
day, June 28, 1984.)
M
AFFIDAVIT AND PROOF OF PUBLICATION
STATE OF TEXAS
JTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared (,X{�(iC XfQ�, 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-
lently than once a week, having a general circulation in said county, and having been published regularly and con-
iuously for more than twelve months prior to publishing
Notice of Public Hearin
A which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
4/16/84
and which was issued on 4/16/84 , by City of Allen
)f Collin County, Texas. A printed copy of said publication is attached heret .
"� .
UBSCRIBED AND SWORN to before me this 9th
s Fee $ �.� . d
of May , A.D. 19
Notary Public in and for Collin County, Texas
Dianne Kerr
Commission Expires 10/14/87
CITY OF ALLEN
NOTICE OF
PUBLIC HEARING'
Notice is herebAiven
that the Allen City Coun-
cil, at their „regular
meeting onMay 3, 1984,
at 7:30 p.m., in the Coun-
cil Chambers of the -Allen
Municipal Annex,__One
Butler Circle, Allen,
Texas, will conduct a'
public hearing to' con-
sider a request for per.
manent zoning of PD
(Planned Development)
from IAO
(Agricultural -Open
Space), as requested by
Bob Harper, represen.
ting Willard Baker and
John Green.
g t This request is on
900± acres of land out of
the Jesse A. Gough
Survey, Abstract No. 347,
David M. Tucker Survey,
Abstract No. 914, James
W. Parsons Survey,
Abstract No. 704, Alfred
Slack Survey, Abstract
No. 854, Issac Herring
Survey, Abstract No. 381,,
and the Joab Butler
Survey, Abstract No. 47,
located approximately
1.5 miles west of U.S. 75,
north of F.M. 2170, east I
of Rowlett Creek and
south of Rowlett Road.
Anyone wishing to
speak either FOR or.
AGAINST this request is
invited to attend this ;
public hearing and voice
their opinion.
If further information
is needed, Iceli ihe,Allen
Municipal ' -Annex,
Department of Com-
munity Development at
727-9171 or 424.7518
(Metro) and,refer to Zon.
ing Case No. Z2-20-84.8.
`Marty Hendrix
City Secretary'
(Published in the Allen
1 American bn Monday,
April 16, 1984.)
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ILLARD R. BAKER CO.
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ONE GALLERIA TOWER
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CITY OF ALLEN
ORDINANCES & RESOLUTIONS
YEAR ' q ?S y
ORDINANCE/RESOLUTION
DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A
(number)
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The 35mm microfilm jackets for the entire year are filed at the end
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