O-1140-11-92ORDINANCE NO. 1140-11-92
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
HERETOFORE AMENDED, AND ORDINANCE NO. 546-9-84 OF THE CITY OF
ALLEN, TEXAS, BY THE ATTACHMENT OF EXHIBIT 'D" LAND USE PLAN
AND EX 113IT "E" USE AND AREA REGULATIONS ON A 303.0474 ACRE
TRACT OUT OF THE JAMES WILCOX SURVEY, ABSTRACT NO. 10017, THE
DAVID NIX SURVEY, ABSTRACT NO. 668, AND THE MICHAEL SEE SURVEY,
ABSTRACT NO.543, COLLINCOUNTY, TEXAS, PRESENTLY DELINEATED ON
THE OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT NO. 26;
PROVIDING FOR A PENALTY, PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR PUBLICATION OF THE CAPTION.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the
requisite notices by publication and otherwise; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have
held due hearings and afforded a full and fair hearing to all the property owners, generally, and to all
persons interested and situated in the affected area and in the vicinity thereof; and,
RIEURCEAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the
exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 829-11-
87, as previously amended, and Ordinance No. 546-9-84 should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87, as heretofore amended, and
Ordinance No. 546-9-84 of the City of Allen, Texas, be and the same are hereby amended on the
following -described tract of land, to -wit:
That the area be and the same is hereby approved for zoning purposes, 303.0474 acres
situated in Collin County, Texas, in the James Wilcox Survey, Abstract No. 1017, the
David Nix Survey, Abstract No. 668, and the Michael See Survey, Abstract No. 543,
being a resurvey of the 199.914 acres of land described in deed from Mrs. P. G.
Henderson, et al to Carl J. Thomsen, dated April 15, 1966, recorded in Volume 677,
Page 888, the 3 -acre tract of land described in a deed to Collin County recorded in
Volume 563, Page 308 and the 189.5 acres of land described in a deed from John W.
Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Volume 572, Page
331, of the Collin County Deed Records; further described as being located south of
McDermott Drive and west of Watters Branch.
SECTION 2: That all ordinances of the City of Allen in conflict with the provisions of this ordinance
be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances
not in conflict herewith shall remain in full force and effect.
SECTION 3: That the above-described tract of land shall be used as provided for in Exhibit "D" Land
Use Plan and Exhibit "E" Use and Area Regulations, attached hereto and made a part hereof for all
purposes, and shall be adhered to in its entirety for purposes of implementing Planned Development
No. 26.
SECTION 4: That any person, firm, or corporation violating any of the provisions or terms of this
ordinance shall be subject to the same penalty as provided for in 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 ($2,000.00) for each offense.
SECTION 5: That it appears the above-described property requires that it be given the above zoning
classification in order to permit its proper development and, in order to protect the public interest,
comfort and general welfare of the City of Allen, creates an urgency and an emergency for the
preservation of the public health, safety and welfare, and requires that this ordinance shall take effect
immediately from and after its passage and the publication of the caption of said ordinance as the law
in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON.THE 5TH DAY OF NOVEMBER , 1992.
Ordinance No.
APPROVED:
J6e Farmer, MAYOR
ATTEST:
1140-11-92 page 2
Ordinance No. 1140-11-92
Enhibit "E"
WATTERS CROSSING
A 303 Acre Master Planned Community
Allen, Texas
Applicant: Bon Terre Residential
c% Joel Robuck
3816 Bryn Mawr
Dallas, Texas 75225
(214) 361-7830
Consultant: Vernon G. Henry & Associates, Inc.
Planning Consultants & Landscape Architects
5900 Memorial Drive, Suite 101
Houston, Texas 77007
(713) 868-2113
October 12, 1992
SUMMARY OF REZONING REQUEST
The 303 acres proposed for development as "Watters Crossing" are currently part of an
approximate 436 acre tract known as Allen Central. Watters Crossing would compromise all the
acreage west of the creek, Watters Branch, south of McDermott Road, east of Country Road 141
and north of Bethany Road and also include a three acre tract currently owned by Collin County.
The County's tract fronts McDermott Road just west of Watters Branch and is zoned "Shopping
Center". The entire 303 acres comprising Watters Branch will be a master planned community.
Currently all of Allen Central is zoned under Planned Development District No. 26. As identified
on the land use plan for the PD District, commercial/office tracts 1-A, B, C and D are located east
of Watters Branch and commercial tract 1-E straddles Watters Branch with approximately 3 acres
(the County site) located on the west side of the creek. Tracts 2-8, intended for shopping center,
multi -family, single family and community facility uses are all west of Watters Branch.
The applicant, Bon Terre Residential, would like to amend Planned Development No. 26 as
follows:
1. Tract 1E (FP -Commercial) is reduced in size from 12.1 acres to 9.1 acres,
eliminating that portion of the tract now located west of Watters Branch.
2. Existing tracts 2 through 8 as currently defined under PD are deleted and replaced
with the proposed tracts described in the attached zoning standards and outlined on
the zoning plan.
Please note that the existing zoning standards for Allen Central between Watters Branch and
Central Expressway would remain unchanged.
The 303 acre "Watters Crossing" community proposed by Bon Terre Residential would include
predominantly single family residential uses along with shopping center, multi -family residential
and extensive community facility uses.
PLANNED DEVELOPMENT STANDARDS
FOR
WATTERS CROSSING
A 303 ACRE MASTER PLANNED COMMUNITY
ALLEN, TEXAS
The following zoning regulations and the attached land use plan comprise the development
standards for this Planned Development District. The entire district is approximately 303 acres of
land located west of Watters Branch, south of McDermott Road, west of County Road 141 and
north of Bethany Road. As identified on the land use plan, the District includes the following
tracts and their approximate acreage:
Tract 1- Community Facilities (Public)
18.0 acres
Tract 2 - Community Facilities (Private)
7.4 acres
Tract 3 - Community Facilities (Public)
9.0 acres
Tract 4 - Shopping Center
17.5 acres
Tract 5 - Multi -Family Residential
15.6 acres
Tract 6 - Single Family Residential
168.1 acres
Tract 7 - Single Family Residential
67.4 acres
303.0 acres
Tract 1 - Community Facilities (Public), t 18 Acres
The purpose of this tract is to place land into public use for a greenbelt public park generally within
the 100 year flood plain on the west side of Watters Branch. The tract will be dedicated to the City
of Allen at the time of Phase I development. This 100 year flood plain limits will be based on the
results of the Watters Branch Flood Plain Study to be completed and approved at the time of
platting. An 8' pathway shall be constructed along the west side of the flood plain as part of the
Phase I development.
Tract 2 - Community Facilities (Private), t 7.4 Acres
The purpose of this tract is twofold - first, to protect and enhance the existing pond and building
near the banks of Watters Branch and second, to place land into private use for a recreation area
and community center intended to serve the residents of Watters Crossing. The tract will be platted
concurrent with platting of the first phase of development under the Planned Development District.
Tract 3 - Community Facilities (Public), t 9 Acres
The purpose of this tract is to place land into public use as a public parklelementary school site.
The tract will be dedicated to the City of Allen at the time of Phase I development and will be used
at the City's discretion.
2
Tract 4 - Shopping Center, t 17.5 Acres
This tract provides for medium intensity concentrations of shopping and related commercial activity
developed in complete accordance with the "SC" Shopping Center District Regulations. Section
3.01 (P) of the City of Allen Comprehensive Zoning Ordinance.
Tract 5 - Multi -Family Residential, f 15.6 Acres
This tract permits a higher density dwelling classification in the form of attached dwelling units in
accordance with the "MF -3" Multi -Family Residential District Regulations, Section 3.01 (n of the
City of Allen Comprehensive Zoning Ordinance except as modified herein. The overall density
within Tract 5 is limited to 18 dwelling units per acre or a total of 280 units.
3_-1- I i M.
The minimum floor area of any dwelling unit shall be 700 square feet exclusive of garages,
breezeways and porches, with an average of not less than 900 square feet.
All other use, height, area and building regulations are as outlined in the "MF -3" Multi -Family
Residential District Regulations.
Tract 6 - Single Family Residential, t, 168.1 Acres
This tract shall be developed for single-family, detached dwellings and other permitted uses in
accordance with the "R-5" Single Family Residential District Regulations, Section 3.01 (E) of the
City of Allen Comprehensive Zoning Ordinance except as modified herein. The maximum number
of dwellings shall not exceed 627 units in Tract 6.
Size of Lots
1. Lot Area - No building shall be constructed on any lot of less that 7,150 square
feet. Such lot shall have a minimum buildable area of 2,860 square feet.
2. Lot Width - The width of the lot shall not be less than 62.5 feet at the front street
building line, nor shall its average width be less than 62.5 feet.
3. Lot Depth - The depth of the lot shall not be less than 115 feet except that a corner
lot or cul-de-sac lot may have a depth of less than 100 feet provided that the
minunum depth is no less than 90 feet.
u nwm
The minimum floor area of any dwelling shall be 1,600 square feet, exclusive of garages,
breezeways and porches.
All other uses, height, area and building regulations are as outlined in the "R-5" Single Family
Residential District Regulations.
3
Tract 7 - Single Family Residential, f 67.4 Acres
This tract shall be developed for single family, detached dwellings and other permitted uses in
accordance with the "R-4" Single Family Residential District Regulations, Section 3.01 (D) of the
City of Allen Comprehensive Zoning Ordinance except as modified herein. The maximum number
of dwellings shall not exceed 235 units in Tract 7.
Size of Lots
1. Lot Area - No building shall be constructed on any lot of less than 7,800 square
feet. Such lot shall have a minimum buildable area of 3,120 square feet.
2. Lot Width - The width of the lot shall not be less than 65 feet at the front street
building line, nor shall its average width be less than 65 feet.
3. Lot Depth - The depth of the lot shall not be less than 120 feet, except that a corner
lot or cul-de-sac lot may have a depth of less than 100 feet provided that the
minimum depth is no less than 90 feet.
Minimum Dwelling Size
The minimum floor area of any dwelling shall be 2,000 square feet, exclusive of garages,
breezeways and porches.
All other use, height, area and building regulations are as outlined in the "R-4" Single Family
Residential District Regulations.
General Requirements:
1. A facilities agreement must be completed regarding any bridges, roadways or
improvements before final plat approval.
2. Final street design will be subject to engineering approval at the time of platting.
3. There must be an 8' pathway adjacent to the east -west collector street.
4. All internal median landscaping will be maintained by Developer or the Homeowners
Association.
5. The Applicant is generally committed to tree preservation.
6. The Applicant shall be responsible for the dedication of the Alma Road northbound right -
turn lane at McDermott Road.
7. The Applicant agrees to dedicate the public community facilities area with the first plat.
U
8. The Watters Crossing Homeowners Association shall have the ownership and maintenance
responsibility for the Watters Crossing private facilities. In the event the Association
requests the City of Allen to become the owner of the Association facilities, the City of
Allen shall have the right, but not the obligation, to accept the ownership and maintenance
of the facilities which shall become public facilities. If the City of Allen agrees to accept the
ownership and maintenance of the facilities, the Watters Crossing property owners
recognize the level of facilities maintenance will meet the City standards, and may be less
than the private Association standards.
i
Ordinance No. 1140-11-92
Enhibit 11011
Waters Crossing
Zoning Plan for a 303 Acre Planned Development
rr Allen, Texas
Planned Development Summary
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
Public Hearing 11/5 (3 acres)
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday October 7, 1992
and which was issued on
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
gh,& 4C`
SUBSCRIBED AND SWORN to before me this day of A. D. 19 9A
V.A. TODD
MY COMMISSION EXPIRI
DoInmber 5,1902
PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 21 . 38
— ITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, November 5; 1992, at 7:30 P.M., in the
-Council Chambers of the Allen Municipal
• Annex, One Butler Circle, Allen, Texas, to
-consider a request to revise Planned De-
velopment No. 26, including three (3) acres
of land owned by Collin County, being
303.0474 acres of land.
This request is on property being 303.0474
acres situated in Collin County, Texas, in
,the James Wilcox Survey, Abstract No.
"1017, the David, Nix Survey, Abstract No.
668, and the Michael See Survey, Abstract
No. 543, being a resurvey of the 119.914
acres of land described in a deed from Mrs.
P. G. Henderson, et al to Carl J. Thomsen,
dated April 15, 1966, recorded in Volume
677, Page 888, the 3 -acre tract of land
described in a deed to Collin County re-
corded in Volume 563, Page 308 and the
189.5 acres of land described in a deed
from John W. Day, et al to C. J. Thomsen,
dated September 10, 1960, recorded in
Volume 572, Page 331, of the Collin
County Deed Records; further described
,as being located south of McDermott Drive
,and west of Watters Branch.
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.
/s/ Judy Morrison, City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circul do
Til
said county, and having been published regularly and continously for more than twelve CITY
OF ALLEN
PUBLIC NOTICE
months prior to publishing Notice is hereby given that the Allen City
Ordinance #1140-11-92 _
of which the attached is a true and written copy, and which was published in THE ALLEI
AMERICAN on
Wednesday November 11, 1992 & Sunday November 15, 1992
and which was issued on
by City of Allen
A printed copy of said publication is attached hereto.
SUBSCRIBED A
`� � t '•
V. A. TODD
I& COMMISSION EXPIRES
Dftcember 5, 1996
of COLLIN COUNTY, TE
me this // day of-=�'A.D. 19_?_W
tJC..
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $40.50
Council adopted the following ordinance at
their regular meeting held on Thursday,
November 5, 1992 (Title and Penalty
Clause only):
Ordinance No. 1140-11-92• An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance of 829-11-87 as Heretofore
Amended, and Ordinance No. 546-9-84, of
the City of Allen, Texas, to Amend Planned
Development No. 26; Providing for the At-
tachment of Exhibit "D" Land Use Plan,
and Exhibit "E" Use and Area Regulations;
Presently Delineated on the Official Zoning
Map as Planned Development No. 26; Pro-
viding for a Penalty of Fine Not to Exceed
the Sum of ($2,000) for Each Offense; Pro-
viding for an Effective Date; and Providing
for Publication -of the Caption.
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 ($2,000.00) 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
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
November 5, 1992 (Title and Penalty
Clause only):
Ordinance No 1140-11-92: An O[dinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance of 829-11-87 as Heretofore
Amended, and Ordinance No 546-9-84, of
the City of Allen, Texas, to Amend Planned
Development No. 26; Providing for the At-
tachment of Exhibit "D" Land Use Plan,
and Exhibit "E" Use and Area Regulations;
Presently Delineated on the Official Zoning -
Map as Planned Development No. 26; Pro-
viding for a Penalty of Fine Not to Exceed
the Sum of ($2,000) for Each Offense; Pro-
viding for an Effective Date; and Providing
for Publication of the Caption.
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 ($2,000.00) 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
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
Ordinance #1144-11-92
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday November 25, 1992 & Sunday November 29, 1992 _
and which was issued on November 25, 1992
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this
day of A.
V. A. TODD
MY COMMISSIONEXPIP.ESDecember
5,1It
Publisher's fee $18.00
D. 19 'a
in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
PUBLIC NOTICE I
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
November 19, 1992 (Title only):
Ordinance No. 1144-11-92: An Ordinance
of the City of Allen, Collin County. Texas,
Amending Chapter 3, "Animals and Fowl,"
of the Allen Code of Ordinances; and Pro-
viding for an Effective Date.
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
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
November 19, 1992 (Title only):
Ordinance No 1144-11-92: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Chapter 3, "Animals and Fowl,"
of the Allen Code of Ordinances; and Pro-
viding for an Effective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
Ilary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
ICity Secretary