O-1883-11-00ORDINANCE NO. 1883-11-00
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING
REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, TO GRANT A
CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT NO. 54 IN PART
TO ESTABLISH PLANNED DEVELOPMENT DISTRICT NO. 88 FOR R-1.5 AND R-7
SINGLE-FAMILY RESIDENTIAL. DISTRICT USES ON 169305 ACRES OF LAND,
LOCATED IN THE JESSE GOUGH SURVEY, ABSTRACT 347 AND THE ALFRED
SLACK SURVEY, ABSTRACT 854, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND
BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL
OF A CONCEPT PLAN; PROVIDING FOR DEVELOPMENT CONDITIONS; BY
AMENDING PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 1172-5-93 TO
REDUCE THE TOTAL NUMBER OF PERMITTED SINGLE-FAMILY RESIDENTIAL
UNITS TO A MAXIMUM OF 3,435 DWELLING UNITS; PROVIDING A SAVINGS
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City of
' Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fav 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 the Allen Land Development Code
Zoning Regulations and Zoning District Map of the City of Allen, as previously amended, should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning District Map, of the City of
Allen, Texas, be, and the same are hereby, amended to grant a change of zoning from Planned Development No.
54 to establish Planned Development No. 88 for R-1.5 and R-7 Single Residential District uses on 169.305 acres
of land in the Jesse Gough Survey, Abstract 347 and the Alfred Slack Survey, Abstract 854, City of Allen, Collin
County, Texas, and being further described in Exlubit "A."
SECTION 2. The property shall be developed and used in accordance with the following development
regulations:
A. Tract 1: Single-family Residential Estate lots located north of McDermott Drive and west of Twin
Creeks Drive as shown on the Concept Plan:
Base Zonine District Tinct 1. Tract 1 shall be developed and used in accordance with the "R-1.5 —
Single-family Estate Residential District regulations, except as otherwise provided herein:
1. Minimum side yard setback: 10% of lot width, up to a maximum of fifteen feet (15'-0").
2. Fencing of lots adjacent to the Twin Creeks Golf Course shall be six feet in height and constructed
of wrought iron or painted aluminum, with not less than 75% transparency.
36757
2. Fencing of lots adjacent to the Twin Creeks Golf Course shall be six feet in height and
constructed of wrought non or panted aluminum, with not less than 75% transparency.
' 3. Mountable m "roll over" curbs are permitted within an urban cross-section and sidewalks shall
be required on both sides of the street.
4. No lot shall be located perpendicular to multiple lots. Lots with frontage on two streets shall be
considered double frontage lots. Opaque fences shall be required between any lot located
perpendicular to another lot.
B. Tract 2: Single-family "Lifestyle" patio homes located north of McDermott Drive and south and
west of Tract 1 m shown on the Concept Plan:
Base Zoning District Tract 2. Tract 2 shall be developed and used in accordance with the "R-7" —
Single-family Residential District regulations, except as otherwise provided herein:
1. Mimmum lot area: 5,850 square feet.
2. Minimum front yard setback: Fifteen feet (15'-0"); provided however, a front yard setback of
ten (10) feet shall be allowed an lots of ninety (90) feet in depth with swing garages that do not
face the street for a maximum of seventy (70) lots.
3. Front -loading garages may be located eighteen feet (18'-0'j from the front property line.
4. Maximum lot coverage: 60%.
' 5. Fencing of lots adjacent to the Twin Creeks Golf Course or the pnvate open space shall be of
uniform height and constructed of wrought iron or painted aluminum, with the uppermost four
(4) feet of the fencing not less than 75% transparency. Fencing of lots which are not adjacent
to the Twin Creeks Golf Course or private open space shall be opaque.
6. Mountable or "rollover" curbs are permitted.
7. Sidewalks shall be required on both sides of streets and may be located adjacent to the curb in
conformance with the City of Allen Standard Paving Details, provided that four feet (4'-0")
shall remain unobstructed by signs or mailboxes and that all fire hydrants shall be located on
the dwelling side of the sidewalk.
8. No lot shall be located perpendicular to multiple lots. Lots with frontage on two streets shall be
considered double frontage lots.
C. Tract 3 and 4: Public park land located south of Rowlett Creek and east of Custer Meadows
Subdivision m shown on the Concept Plan.
1. The park shall be connected to the Rowlett Creek Trail system by a trail constructed in
accordance with the Allen Land Development Code.
2. Floodplain area and park land shall be dedicated to the City concurrent with or at the time of
the approval of the first plat of any property located to the immediate west of current Hole
No. 5 of the Twin Creeks Golf Course as shown on the Concept Plan.
Ordinance No. 1883-11-00, Page 2
D. Tracts 5.6 and 7: Private open space located along the west bank of Rowlett Creek and a portion of
the Twin Creeks Golf Course as shown on the Concept Plan.
' 1. The private open space shall be connected to the Rowlett Creek Trail by an eight (8) foot
trail constructed in accordance with AASHTO standards to be maintained by a Homeowners'
Association.
E. Tract 8: Floodplain of Rowlett Creek to the northwest of Hole No. 5 of the Twin Creeks Golf
Course as shown on the Concept Plan.
1. Floodplain area shall be dedicated to the City concurrent with or at the time of approval of
the first plat of any property located to the immediate west of the current Hole No. 5 of the
Twin Creeks Golf Course as shown on the Concept Plan.
F. Tract 9: Area as shown on the Concept Plan.
I. Any portion of Tract 9 located in the 100 -year floodplain which abuts the Twin Creeks Golf
Course shall be included as part of the golf course and shall not be included in any
residential lot, provided that any portion of the floodplain upstream of the current Hole No. 5
is subject to all the requirements to Article V, Floodplain Hiumnis, of the Allen Land
Development Code.
G. Landscaping, fencing and screening shall confirm to Exhibit "C" attached hereto. Fencing shall
have a one (1) foot wide concrete load strip.
H. The property shall be developed and used in accordance with the Concept Plan attached hereto as
Exhibit "B" and which is hereby approved.
1. Homeowners' Association:
1. A mandatory Homeowners Association shall be established and created to assume and be
responsible for the continuous and perpetual operation, maintenance and supervision of the
private open space and common properties including but not limited to the subdivision
entryway, features and monuments, screening walls, gates landscaping, landscape systems,
and related amenities.
2. Dedications to Homeowners' Association: All private open space and common properties
that are to be operated, maintained and/or supervised by the Homeowners Association shall
be dedicated by easement or deeded in fee simple ownership interest to the Homeowners
Association after construction and installation as applicable by the owner and shall be clearly
identified on the record Final Plat of the property.
3. Approval: A copy of the agreements, covenants and restrictions establishing and creating the
Homeowners' Association must be approved by the City Attorney prior to the approval of
the Final Plat of subdivision and must be filed of record with said record plat in the Map and
Plat Records of the County. The record Final Plat shall clearly identify all facilities,
structures, improvements, systems, areas or grounds that are to be operated, maintained
and/or supervised by the Homeowners' Association.
I Streets shall be stubbed out to adjacent subdivisions.
Ordinance No. 1883-11-00, Page 3
SECTION 4. Planned Development 54, Ordinance No. 1172-5-93, as heretofore amended, is hereby
amended to reduce the total number of single-family residential units permitted in Planned Development No. 54
to a maximum of 3,435 dwelling units.
SECTION 5. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and as amended herein.
SECTION & All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and
the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with
the provisions of this ordinance shall remain in full force and effect.
SECTION 7. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged or held to be void
or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen
Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect.
SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 9. Any person, firm or corporation violating any of the provisions m terms of this ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code Zoning Regulations, as
previously amended and upon conviction shall be punished by a fine not to exceed the sum of two thousand
dollars ($2,000) for each offense.
' SECTION 10. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2"s DAY OF NOVEMBER, 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith,
II
J
Ordinance No. 1883-11-00, Page 4
SECRETARY
BEING A 169.305 ACRE TRACT OF LAND SITUATED IN THE JESSE A. GOUGH
SURVEY AND THE ALFRED SLACK SURVEY, ABSTRACT NO. 347 AND 854
RESPECTIVELY COLLIN, COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN
TRACT OF LAND DESCRIBED IN DEED TO BRIAR RIDGE INV., INC. AS RECORDED
IN COUNTY CLERK RECORDS 92-0047288 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS. (DRCCT). BASIS OF BEARING IS THE SOUTHERLY LINE OF THE
TWIN CREEKS GOLF, LTD. TRACT AS RECORDED IN COUNTY CLERK RECORDS 93-
0073206 DRCCT
SAID 169.305 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTHEAST CORNER OF A TRACT OF LAND
DESCRIBED IN DEED TO EUGENE McDERMOTT AS RECORDED IN VOLUME 614,
PAGE 93 DRCCT, THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN
DEED TO JOHN L. ROACH et ux AS RECORDED IN VOLUME 3155, PAGE 240 DRCCT,
THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO MARY
McDERMOTT COOK AS RECORDED IN VOLUME 2198, PAGE 507 DRCCT, AND THE
' SOUTHWEST CORNER OF THE SAID BRIAR RIDGE INV. TRACT;
THENCE ALONG THE EASTERLY LINE OF THE SAID COOK TRACT AND THE
WESTERLY LINE OF THE BRIAR RIDGE INV. TRACT THE FOLLOWING COURSES
AND DISTANCES:
NORTH 02°12'32" WEST, A DISTANCE OF 875.66 FEET;
NORTH 02° 17'54" WEST, A DISTANCE OF 1462.97 FEET;
SOUTH 70038'54" WEST, A DISTANCE OF 368.99 FEET TO THE SOUTHEAST
CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO WARREN R.
BLACKMON AS RECORDED IN COUNTY CLERK RECORDS 92-0088368 DRCCT;
THENCE NORTH 04°27'10" EAST, ALONG THE COMMON LINES OF THE BRIAR
RIDGE TRACT WITH THE BLACKMON TRACT, 1598.20 FEET;
THENCE OVER AND ACROSS THE SAID BRIAR RIDGE TRACT THE FOLLOWING
COURSES AND DISTANCES:
' DASLD\92302820WR W28F,X009.FNS
Sryp a ber 6, 2000
SHEET I OF 5
FIELD NOTES
ZONING EXHIBIT A
'
TRACT 32C
BEING A 169.305 ACRE TRACT OF LAND SITUATED IN THE JESSE A. GOUGH
SURVEY AND THE ALFRED SLACK SURVEY, ABSTRACT NO. 347 AND 854
RESPECTIVELY COLLIN, COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN
TRACT OF LAND DESCRIBED IN DEED TO BRIAR RIDGE INV., INC. AS RECORDED
IN COUNTY CLERK RECORDS 92-0047288 OF THE DEED RECORDS OF COLLIN
COUNTY, TEXAS. (DRCCT). BASIS OF BEARING IS THE SOUTHERLY LINE OF THE
TWIN CREEKS GOLF, LTD. TRACT AS RECORDED IN COUNTY CLERK RECORDS 93-
0073206 DRCCT
SAID 169.305 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT BEING THE NORTHEAST CORNER OF A TRACT OF LAND
DESCRIBED IN DEED TO EUGENE McDERMOTT AS RECORDED IN VOLUME 614,
PAGE 93 DRCCT, THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN
DEED TO JOHN L. ROACH et ux AS RECORDED IN VOLUME 3155, PAGE 240 DRCCT,
THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO MARY
McDERMOTT COOK AS RECORDED IN VOLUME 2198, PAGE 507 DRCCT, AND THE
' SOUTHWEST CORNER OF THE SAID BRIAR RIDGE INV. TRACT;
THENCE ALONG THE EASTERLY LINE OF THE SAID COOK TRACT AND THE
WESTERLY LINE OF THE BRIAR RIDGE INV. TRACT THE FOLLOWING COURSES
AND DISTANCES:
NORTH 02°12'32" WEST, A DISTANCE OF 875.66 FEET;
NORTH 02° 17'54" WEST, A DISTANCE OF 1462.97 FEET;
SOUTH 70038'54" WEST, A DISTANCE OF 368.99 FEET TO THE SOUTHEAST
CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO WARREN R.
BLACKMON AS RECORDED IN COUNTY CLERK RECORDS 92-0088368 DRCCT;
THENCE NORTH 04°27'10" EAST, ALONG THE COMMON LINES OF THE BRIAR
RIDGE TRACT WITH THE BLACKMON TRACT, 1598.20 FEET;
THENCE OVER AND ACROSS THE SAID BRIAR RIDGE TRACT THE FOLLOWING
COURSES AND DISTANCES:
' DASLD\92302820WR W28F,X009.FNS
Sryp a ber 6, 2000
SHEET I OF 5
NORTH 76003'28" EAST, A DISTANCE OF 174.94 FEET;
' SOUTH 77046'05" EAST, A DISTANCE OF 150.42 FEET;
SOUTH 87023'43" EAST, A DISTANCE OF 233.74 FEET;
NORTH 64057'45" EAST, A DISTANCE OF 125.56 FEET;
SOUTH 54046'12" EAST, A DISTANCE OF 251.45 FEET;
SOUTH 65008'26" EAST, A DISTANCE OF 258.94 FEET TO A POINT IN THE WESTERLY
LINE OF A TRACT OF LAND DESCRIBED IN DEED TO TWIN CREEKS GOLF LTD. AS
RECORDED IN COUNTY CLERK RECORDS 93-00732.06 DRCCT;
THENCE ALONG THE SAID TWIN CREEKS GOLF TRACT THE FOLLOWING COURSES
AND DISTANCES:
SOUTH 32059'46" WEST, A DISTANCE OF 999.11 FEET;
SOUTH 000337'52" WEST, A DISTANCE OF 489.72 FEET;
SOUTH 02030'49" EAST, A DISTANCE OF 419.04 FEET;
' SOUTH 01045'13" EAST, A DISTANCE OF 614.08 FEET;
SOUTH 51032'49"
EAST, A DISTANCE OF 167.80 FEET;
NORTH 7100627"
EAST, A DISTANCE OF 234.99 FEET;
SOUTH 66051'17"
EAST, A DISTANCE OF 70.46 FEET;
SOUTH 04034'03"
EAST, A DISTANCE OF 347.68 FEET;
SOUTH 82011'58"
WEST, A DISTANCE OF 131.51 FEET;
SOUTH 17011'57"
WEST, A DISTANCE OF 94.31 FEET;
SOUTH 67005'35"
EAST, A DISTANCE OF 1392.26 FEET;
SOUTH 54049'44"
EAST, A DISTANCE OF 293.33 FEET;
NORTH 85031'07"
EAST, A DISTANCE OF 265.52 FEET;
D1SM9230282MORM028EX009.ME
S.Wmb 6, 2000
SHEET 2 OF
SOUTH 88°26'11" EAST, A DISTANCE OF 210.40 FEET;
NORTH 03'56'25"
WEST, A DISTANCE OF 331.66 FEET;
'
NORTH 65022'00"
WEST, A DISTANCE OF 1004.77 FEET;
NORTH 83 °52'43"
WEST, A DISTANCE OF 588.26 FEET TO A 5/8" IRON ROD
FOUND;
EAST, A DISTANCE OF 653.46 FEET;
SOUTH 82011'28"
WEST, A DISTANCE OF 48.48 FEET TO A 5/8" IRON ROD
CAPPED "CARTER & BURGESS" FOUND;
EAST, A DISTANCE OF 1094.00 FEET;
NORTH 04°34'33"
WEST, A DISTANCE OF 389.18 FEET;
WEST, A DISTANCE OF 464.70 FEET;
NORTH 39020'18"
WEST, A DISTANCE OF 164.07 FEET;
WEST, A DISTANCE OF 202.64 FEET;
SOUTH 81-32-11 "
WEST, A DISTANCE OF 73.84 FEET;
EAST, A DISTANCE OF 271.11 FEET;
NORTH 23-37-22"
WEST, A DISTANCE OF 557.60 FEET;
SOUTH 85°51'18"
WEST, A DISTANCE OF 43.39 FEET;
NORTH 02°31'19"
WEST, A DISTANCE OF 414.05 FEET TO A 5/8" IRON ROD
CAPPED "CARTER & BURGESS" FOUND;
SOUTH 88°26'11" EAST, A DISTANCE OF 210.40 FEET;
NORTH 10°32'21"
EAST, A DISTANCE OF 371.48 FEET;
NORTH 19°10'11"
EAST, A DISTANCE OF 529.23 FEET;
SOUTH 45°57'02"
EAST, A DISTANCE OF 1027.15 FEET;
SOUTH 64°50'04"
EAST, A DISTANCE OF 653.46 FEET;
SOUTH 03°34'51"
EAST, A DISTANCE OF 687.31 FEET;
SOUTH 42010'25"
EAST, A DISTANCE OF 1094.00 FEET;
SOUTH 22036'28"
WEST, A DISTANCE OF 464.70 FEET;
SOUTH 69006'50"
WEST, A DISTANCE OF 202.64 FEET;
SOUTH 04038'58"
EAST, A DISTANCE OF 271.11 FEET;
D:\SLD\92302830\GW028EX009.FNS
SpWmber 6.2000
SHEEP 3 OF 5
SOUTH 33°38'40" EAST, A DISTANCE OF 449.25 FEET;
' SOUTH 74050'07" WEST, A DISTANCE OF 144.55 FEET;
SOUTH 64035'40" WEST, A DISTANCE OF 167.18 FEET;
SOUTH 51023'31" WEST, A DISTANCE OF 192.97 FEET;
SOUTH 48008'31" WEST, A DISTANCE OF 95.78 FEET;
SOUTH 29043'58" WEST, A DISTANCE OF 52.71 FEET;
SOUTH 17016'42" WEST, A DISTANCE OF 39.96 FEET TO THE NORTH RIGHT OF
WAY OF McDERMOTT DRIVE (VARIABLE WIDTH RIGHT-OF-WAY);
THENCE ALONG THE SAID NORTH RIGHT-OF-WAY OF MCDERMOTT DRIVE THE
FOLLOWING COURSES AND DISTANCE:
SOUTH 87017'05" WEST, A DISTANCE OF 473.72 FEET;
SOUTH 60043'05" WEST, A DISTANCE OF 112.21 FEET;
SOUTH 870]7'05" WEST, A DISTANCE OF 44.07 FEET TO A POINT BEING THE
MOST SOUTHERLY CORNER OF THE SAID BRIAR RIDGE INV. TRACT AND
THE SOUTHEAST CORNER OF THE SAID ROACH TRACT;
THENCE ALONG THE COMMON LINE OF THE ROACH TRACT AND THE BRIAR
RIDGE TRACT THE FOLLOWING COURSES AND DISTANCES:
NORTH 02023'38" EAST, A DISTANCE OF 51.78 FEET
NORTH 46048'40" EAST, A DISTANCE OF 232.76 FEET
NORTH 00024'59" EAST, A DISTANCE OF 489.03 FEET
NORTH 81045'56" WEST, A DISTANCE OF 1778.59 FEET TO THE POINT OF
BEGINNING, AND CONTAINING 169.305 ACRES OF LAND, MORE OR LESS.
D.\SLD\92302820,GW028EX009.FNS
S,tmTe.6, 2000
SHEET 4 OF 5
11
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ANO
P.O.B.
EUGENE McDERMOTT
VOL. 614, PG. 93
D.R.C.C.T.
JOHN L. ROACH of ur
VOL. 3155, PG. 240
D.R.C.C.T.
1
0 300
600
1200
SCALE
IN
FEET
— — — —SURVEY LINE- — — — -
TWIN CREEKS GOLF LTD.
CC# 93-0073206
D.R.C.C.T.
ALFRED SLACK SURVEY
ABSTRACT 854
McDermott Drive
THIS CONCEPT PIAN HAS BEEN PREPARED FOR THE ZONING PROCESS AND IS FOR ILAUSTMTTVE
PURPOSES ONLY. O IS SUBJECT TO CHANGE THROUGHOUT THE PLATTING PROCESS.
DATE: 09/06/00 ZONING EXHIBIT A I CcrternBurgess
SHEET SCALE: 1• - GOO' TRACT 32C CARTER & BURGESS, INC.
1 69.30$A(4CRES 7. EU.. wive. SUDE 250
5 OF 5 DRAWN: WN B RSG OUT Of JESSE A GOUGH SURABSTRACT NO. 347 PHONE: 214)
SURVEY ABSTRACT
CHECKED BY: E. MARTINEZ.LLutED SUCK SURVEY ABSTMCT NO. 854
1N
fM OF AI I FN_ CMUN COUNTY. TEAS C\SUD\92302$20\GM\0WEXMOAC
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