O-1689-2-99ORDINANCE NO. 1689-2-99
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A
CHANGE IN ZONING FROM AGRICULTURE -OPEN SPACE (AO) TO PLANNED
DEVELOPMENT -SINGLE FAMILY BY APPROVING PLANNED
DEVELOPMENT -SINGLE FAMILY NO. 79 (PD -SF -NO. 79) FOR 133.247 ACRES
IN THE JOHN MILLER FR SURVEY, ABSTRACT NO. 609, CITY OF ALLEN,
COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; APPROVING DEVELOPMENT REGULATIONS AND
CONCEPT PLAN ATTACHED HERETO AS EXHBITS "B" AND EXHIBIT "C",
RESPECTIVELY AND APPROVING THE MALONE ROAD FRONTAGE
CONCEPT ATTACHED HERETO AS EXHIBIT "D"; PROVIDING FOR A
REPEALING CLAUSE; PROVIDING FOR A SEVERABHdTY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE OF SAID
ORDINANCE.
' 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 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, the City Council has concluded that the
Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning 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:
SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of
Allen, Texas, as previously amended, be amended by granting a change in zoning from Agriculture -Open
Space (AO) to Planned Development -Single Family by approving Planned Development -Single Family No. 79
(PD -SF -NO. 79) on the following -described tract of land: 133.247 acres in the John Miller Survey, Abstract
No. 609, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Development
Regulations approved hereby and attached hereto as Exhibit "B" and made part thereof for all purposes,
and shall be developed generally in accordance with the Concept Plan attached hereto as Exhibit "C", and
the and Malone Road Frontage Concept attached hereto as Exhibit "D", and made a part hereof.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein.
SECTION 4. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall
be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, 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
Comprehensive Zoning Ordmance, as amended hereby, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed
and the former law is continued in effect for this purpose.
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. 1425-5-96 of the
City of Allen, as previously amended, and upon conviction shall be punished by a fuze not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense, and each and every day such violation shall continue shall
be deemed to constitute a separate offense..
SECTIONS. That this ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 18th DAY OF FEBTUAIZZ '1999.
:"t4/ t
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY J Mo n, CMC, CITY SECRETARY
Ordinance No. 1689-2-99 Page 2
Summerfield
Legal Description
133.247 Acres
BEING a tract of land situated in the John Miller Survey, Abstract No, 609, City of Allen, Collin Countv
ty,
Texas and being a resurvey of a called 133.3515 acre tract of load conveyed to DDC Properties, Inc. by deed
recorded in Volume 3668, Page 81, Land Records, Collin County, Texas, and being more particularly
described as follows:
BEGINNING at a 12" iron rod found in the center of Malone Road for the northwest comer of a called
50.265 acne tract of land conveyed to John Cole by deed recorded in Volume 2662, Page 1, Land Records,
Collin County, Texas, being on the east line of a called 376.464 acre tract of land conveyed to Malone Road
(Dallas) Investigators, L.P., by deed recorded under County Clerk's File Number 94-0041166, Land
Records, Collin County, Texas and being the southwest comer of subject property;
THENCE N. 00008'00" E., (Basis of Bearings) along the east line of said 376.464 acre tract and along
Malone Road, a distance of 2140.80 feet to a capped iron rod found for the northwest comer of subject
property,
THENCE S. 89°54'19" E., along the south line of the Chaney Goodman Addition, an addition to Collin
County, according to the map thereof recorded in Slide 1571, Map Records, Collin County, Texas at a
distance of 1019.58, a 12" iron rod found for the southeast comer of Lot 12 of said Addition, an din all. a
distance of 1678.47 feet to a 12" von rod set for the southeast comer of said Addition and the southwest
comer of a called 14.76 acre tract of land conveyed to Wellington Kirkwood by deed recorded in Volume
896, Page 468, Land Records, Collin County, Texas;
' THENCE N. 88°57'12" E, along the south line of said 14.76 acre tract and the south line of a called
110.7025 acre tract of land conveyed by deed to G. Ward Paxton and recorded in Volume 3478, Page 151,
Land Records, Collin County, Texas, a distance of 991.35 feet to a I" pipe found for the northwest comer of
Forest Grove Estates according to the map thereof recorded in Slide 1263, Map Records, Collin County,
Texas and being the northeast comer of subject property;
THENCE S. 00°2238" E., along the west line of said Addition, a distance of 577.90 feet to a 12" iron rod
found for the southwest comer of Lot 1 of said Addition, being on the north right-of--way line of Forest
Grove Lane (50' R.O.W.);
THENCE S. 00°31'04" E., continuing along the west line of said Addition, a distance of 910.70 feet to a Irl"
ironrodfound for the northwest comer of Green Meadow Estates, Third Section according to the map
thereof recorded in Volume B, Page 264, Map Records, Collin County, Texas;
THENCE S. 00°4238" W., along the west line of said Addition, a distance of 715.48 feet to a 12" iron rod
found for the northeast comer of aforesaid 50.265 acre tract and the southeast comer of subject property;
THENCE N. 89°05'11" W., along the north line of said 50.265 acre tract, a distance of 843.16 fact to a 5/8"
iron rod found for comer,
T HENCE N. 88°5533" W., continuing along the north line of said 50.265 acre tract. a distance of 1835.07
feet to the Point of Beginning and containing 5,804,218 square feet of 133.247 acres of land.
' EXHIBIT A
Ordinance NO. 1689-2-99
' EXHIBIT B
Summerfield
Planned Development District
Development Standards
Applicant:
Dowdey, Anderson and Associates, Inc.
Planning and Engineering
5225 Village Creek Drive
Suite 200
Plano, Texas 75093
(972)931-0694
(972)931-9538 Fax
Developer:
' WPC Acquisition, Inc.
Abrams Centre, 9330 LBl Freeway
Suite 745, Lockbox 68
Dallas, Texas 75243
(972)479-0697
(972)479-0397 Fax
1
February 19, 1999
98031pd.hll.doc
Owner:
DDC Properties, Ltd., by
Collins American Corporation Inc., General Partner
3131 Turtle Creek, Suite 810
Dallas, Texas 75219
(214)522-0671
(214)522-0673 Fax
Revised per City Council action on February 4, 1999
ordinance No. 1689-2-99
Summerfield
PLANNED DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District—Single Family Residential
1.01 General Description:
The Planned Development District tract is intended to accommodate a variety of
single family residential uses. The residential units will be comprised of Single
Family — Type A, Single Family — Type B, and Single Family — Type C products.
Development standards for each of the aforementioned housing types are outlined
within this text.
1.02 Permitted Uses: Land uses permitted within the PD are as follows:
' a.
Residential units as described herein.
b.
Private or public recreation facilities.
C.
Parks, playgrounds and neighborhood recreation facilities including, but
not limited to, swimming pools, clubhouse facilities and tennis courts.
d.
Fire stations and public safety facilities.
e.
Real estate sales offices during the development and marketing of the
Planned Development.
f.
Public streets.
g.
Electronic security facilities including gatehouse and control counter.
h.
Accessory buildings and uses customarily incidental to the permitted uses.
i.
Temporary buildings and uses incidental to construction work on the
premises, which shall be removed upon completion.
IL
1.03 Density: The overall allowed density for the Planned Development District shall
be 3.0 units per gross acre or a total of three hundred ninety-nine (399) units, as
calculated on a gross land area basis (approximately 133.247 acres). The
percentage of Single Family Type — A, Type B, and Type C will vary within the
Planned Development District, but in no case shall the total number of units
within the Planned Development District exceed three hundred ninety-nine (399)
units.
February 19, 1999 Ordinance No. 1689-2-99
99031pd.hll.doc
1.04 Required Parking: Parking requirements for the Planned Development District
shall be in accordance with the City of Allen Zoning Ordinance No. 1425-5-96,
Section 3.03 as it presently exists.
1.05 Building Materials: A minimum of seventy-five (75) percent of the total
exterior wall surfaces of all main buildings shall have an exterior finish of glass,
stone, stucco, tile, brick, or similar materials (as approved by the City of Allen) or
any combination thereof The use of wood as a primary, exterior building
material shall be limited to a maximum of twenty-five (25) percent of the total
wall surfaces.
1.06 Single Family — Type A: Single Family Type - A units are a form of single
family, detached housing. These residential areas will consist of larger units and
lots, having access and frontage on public street. Building and area requirements
are as follows:
a. Minimum Dwelling Size: The minimum area of the main building shall
be one thousand six hundred (1,600) square feet, exclusive of garages,
breezeways and porticos.
b. Lot Area: The minimum area of any lot shall be nine thousand (9,000)
square feet.
C. Lot Coverage: In no case shall more than forty-five (45) percent of the
total lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, driveways,
walks, and other paved areas shall not be included in determining
maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than seventy-
five (75) feet at the front building line, except that lots at the terminus of a
cul-de-sac or along street elbows, eyebrows may have a minimum width
of sixty-five (65) feet at the front building line; provided all other
requirements of this section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110)
feet, except that a lot at the terminus of a cul-de-sac or along street
elbowsleyebrows may have a minimum lot depth, measured at mid -point
on front and rear lot lines, of one hundred (100) feet; provided all other
requirements of this section are fulfilled.
f Front Yard: The minimum depth of the front yard shall be twenty-five
' (25) feet.
February 19, 1999
98031pd.h11.doc
Ordinance tom. 1689-2-99
g. Side Yard: The minimum side yard on each side of a lot shall be ten (10)
percent of the lot width, but no greater than ten (10) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
h. Rear Yard: The minimum depth of the rear yard shall be fifteen (15)
feet.
Building Height: Buildings shall be a maximum of two and one-half (2
%) stories.
1.07 Sinale Family Type — B: Single Family — Type B units are another form of
detached housing. These residential areas are designed to provide single family
housing at a slightly higher density than permitted in the Single Family — Type A
areas. These residential units will have access and frontage on a public or private
road. Building and area requirements are as follows:
a. Minimum Dwelling Size: The minimum area of the main building shall
be one thousand five hundred (1,500) square feet, exclusive of garages,
breezeways and porticos.
b. Lot Area: The minimum area of any lot shall be seven thousand five
hundred (7,500) square feet.
C. Lot Coverage: In no case shall more than forty-five (45) percent of the
total lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, driveways,
walks, and other paved areas shall not be included in determining
maximum lot coverage.
d. Lot Width: The minimum width of any lot shall not be less than sixty.
three (63) feet at the front building line, except that lots at the terminus of
a cul-de-sac or along street elbows, eyebrows may have a minimum width
of fifty-five (55) feet at the front building line; provided all other
requirements of this section are fulfilled.
e. Lot Depth: The minimum dept of any lot shall be one hundred ten (I 10)
feet, except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a minimum lot depth, measured at mid -point
on front and rear lot lines, of one hundred (100) feet; provided all other
requirements of this section are fulfilled.
f. Front Yard: The minimum depth of the front yard shall be twenty-five
(25) feet.
February 19, 1999
98031pd.hltdoc
Ordinance No. 1689-2-99
g. Side Yard: The minimum side yard on each side of a lot shall be ten (10)
percent of the lot width, but no greater than eight (8) feet. A side yard
adjacent to a side street shall not be less than fifteen (15) feet.
h. Rear Yard: The minimum depth of the rear yard shall be fifteen (15)
feet.
Building Height: Buildings shall be a maximum of two and one-half (2
%:) stories.
1.08 Single Family Tvoe — C: Single Family — Type C units are single family,
detached units consisting of larger sized housing units and lots designed to serve
as a transition to lots to the east. These residential units will have access and
frontage on a public or private road. Building and area requirements are as
follows:
a. Minimum Dwelling Size: The minimum area of the main building shall
be two thousand (2,000) square feet, exclusive of garages, breezeways
and porticos.
b. Lot Area: The minimum area of any lot shall be twenty thousand
(20,000) square feet.
C. Lot Coverage: In no case shall more than forty-five (45) percent of the
total lot area be covered by the combined area of the main buildings and
accessory buildings. Swimming pools, spas, deck, patios, driveways,
walks, and other paved areas shall not be included in determining
maximum lot coverage. '
d. Lot Width: The minimum width of any lot shall not be less than one -
hundred (100) feet at the front building line, except that lots at the
terminus of a cul-de-sac or along street elbows, eyebrows may have a
minimum width of seventy (70) feet at the front building line; provided all
other requirements of this section are fulfilled.
e. Lot Depth: The minimum depth of any lot shall be one hundred eighty
(180) feet, except that a lot at the terminus of a cul-de-sac or along street
elbows/eyebrows may have a minimum lot depth, measured at mid -point
on front and rear lot lines, of one -hundred sixty (160) feet; provided all
other requirements of this section are fulfilled.
E Front Yard: The minimum depth of the front yard shall be twenty five
(25) feet.
February 19, 1999
98031pd.hll.dm Ordinance No. 1689-2-99
g. Side Yard: The minimum side yard on each side of a lot shall be fifteen
(15) feet. Aside yard adjacent to aside street shall not be less than twenty
(20) feet.
h. Rear Yard: The minimum depth of the rear yard shall be sixty (60) feet.
Building Height: Buildings shall be a maximum of two and one-half (2
%:) stories.
2.0 Planned Development— General Conditions
2.01 Conformance to All Avolicable Articles of the Allen Zoning Ordinance:
Except as amended herein, this Planned Development shall conform to
any and all applicable articles and sections of the Allen Zoning Ordinance,
Ordinance No. 1425-5-96, as it presently exists.
2.02 Amenity Center: The Developer for the Planned Development District
shall provide for an amenity center to include, but not be limited to a
swimming pool to be owned, operated, and maintained by a property
owner's association.
2.03 Screening/Landscaning along Malone Road: Continuous landscaping and
screening shall be provided along Malone Road and may consist of
decorative metal fencing, landscape planting, masonry walls, living
screens or a combination thereof, as illustrated on Exhibit D which shall
be attached to and made a part of the ordinance.
2.04 Curvilinear Street Requirement A minimum of twenty-five (25) percent
of the streets within the Planned Development District shall be curvilinear
in design. Curvilinear streets to qualify in calculations shall mean any
street segment which is designed with a degree of curvature of not less
than 3°30' and not greater than 22°55', and shall have an offset of a
minimum distance of 30 feet, said offset shall be measured perpendicular
to the tangent line of the curve. Calculations shall utilize the centerline of
all interior streets.
2.05 Neighborhood Park Requirement: A neighborhood park shall be located
within the Planned Development District. The minimum amount of land
required shall be five (5) acres. City park land dedication requirement of
one (1) acre per one hundred (100) units shall apply to the Planned
Development District and any park land over the calculated requirement
shall be purchased by the City of Allen.
I2.06 Oven Soace Requirement: Planned Development District Regulations of
one (1) acre per seventy five (75) units shall apply to the Summerfield PD.
Open Space will include the amenity center, land around the
February 19, 1999
98031pd.hll.dm Ordinance No. 1689-2-99
2.10 Detention Area: At time of platting, a detention area will be located
within the site plan. The detention area will be located adjacent to the
neighborhood park, and if designed to retain water year around, then it
shall be counted towards the open space requirement. If this detention
area is designed to contain water year around and it meets the design
intent of the neighborhood park, it may be dedicated to the City of Allen
at the City's discretion. Otherwise, the detention area shall be owned and
maintained by the neighborhood association. These detention areas will be
maintained at the same level as other areas maintained by the HOA If the
detention area is not included as part of the park dedication requirement, it
will meet the open space requirements of the PD. No portion of the 100
year flood inundated area shall be closer than 25 feet to adjacent
properties and no closer than 15 feet to adjacent road rights- of- way.
2.11 Prior to final plat approval, the property owner association documents and
appropriate declaration of covenants and restrictions shall be submitted to
the City for review and approval.
Februmy 19, 1999
98031pd.h1l.dm Ordinance No. 1689-2-99
Neighborhood Park, and land within the trail connections. The clubhouse
structure shall not count as part of the open space requirement.
2.07 Community Park Trail Connection: Should approval be granted by the
North Texas Municipal Water District, and if a trail connection with
adjoining property owners to the south can be obtained, the 60 foot sewer
line easement paralleling the eastern property boundary shall include a city
trail to link the Neighborhood Park to the proposed Community Park south
of this tract. Improvements and maintenance within the sixty (60) foot
easement shall be provided by the City of Allen. In the event that this trail
connection cannot be provided within this easement area, then the 60 feet
easement area shall not count towards the open space requirement.
2.07x. If this trail system cannot be provided, then this additional 60
feet in depth shall be added to the adjacent lots, thereby increasing the
lot sizes. The width shall not be reduced to compensate for the
increased depth.
2.08 Trail Connection from the Neighborhood Park to the subdivision to the
north hironosed Malone Heights): The Planned Development District
shall provide area for a trail linkage from the Neighborhood Park to the
proposed subdivision (Malone Heights) open space. Recreational
improvements and maintenance within the trail connection land shall be
provided by the City of Allen. Channel improvements and landscaping
'
shall be installed by the developer and maintained by the City of Allen.
2.09 Fencing Adjacent to Trails: The rear lot line of lots adjacent to and lots
siding to the park trails shall be fenced with a consistent decorative metal
fence.
2.10 Detention Area: At time of platting, a detention area will be located
within the site plan. The detention area will be located adjacent to the
neighborhood park, and if designed to retain water year around, then it
shall be counted towards the open space requirement. If this detention
area is designed to contain water year around and it meets the design
intent of the neighborhood park, it may be dedicated to the City of Allen
at the City's discretion. Otherwise, the detention area shall be owned and
maintained by the neighborhood association. These detention areas will be
maintained at the same level as other areas maintained by the HOA If the
detention area is not included as part of the park dedication requirement, it
will meet the open space requirements of the PD. No portion of the 100
year flood inundated area shall be closer than 25 feet to adjacent
properties and no closer than 15 feet to adjacent road rights- of- way.
2.11 Prior to final plat approval, the property owner association documents and
appropriate declaration of covenants and restrictions shall be submitted to
the City for review and approval.
Februmy 19, 1999
98031pd.h1l.dm Ordinance No. 1689-2-99
i17
LJ
212 Alleys adiacent to Greenbelt Areas
There shall be no alleys adjacent to greenbelt areas.
2.13 Access to adjacent orooerties
At the time of platting the properties adjacent to the north and southern
property lines, a residential street connection shall be provided to provide
access to the abutting properties.
Prior to the filing of the final plat for Phase 2 of this development, or any
phase which abuts the north cast portion of this tract, a facilities agreement
will be entered into that specifies the cost of construction of the road
connection to the north, which exceeds the normal construction costs of a
residential paving section, which is 31' back to back, (i.e. box culverts, rip
rap and head walls) and further specifies the cost sharing ratio of 1/3 to the
landowner/developer of the subject tract, 1/3 to the landowner to the tract
to the north and the remaining 1/3 will be the responsibility of the city,
and provides for the escrow of the funds by the landowner/developer of
the subject property.
February 19, 1999
98031pd.h1l.doc Ordinance No. 1669-2-99
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