O-1639-10-98ORDINANCE NO. 1639-10-98
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPRII-ffidSIVE ZONING ORDINANCE NO. 1475-5-96, AS
PREVIOUSLY AMENDED, BY ESTABLISHING PERMANENT' ZONING, TO -
WIT: FLOOD PLAIN -PLANNED DEVELOPMENT NO. 71 (FP -PD NO. 71), ON
THE FOLLOWING -DESCRIBED TRACT OF LAND: 13.736 ACRES IN THE
ALFRED SLACK SURVEY, ABSTRACT NO. 854, THE JOAB BUTLER
SURVEY, ABSTRACT NO. 47, AND THE JAMES WILCOX SURVEY,
ABSTRACT NO. 1018, CITY OF ALLEN, COLLIN COUNTY, TEXAS;
PROVIDING FOR EXHBrr "A" LAND USE PLAN, EXHIBIT Ir AREA AND
USE REGULATIONS, AND EXIMIT -0 LEGAL DESCRIPTION; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENS$ PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR THE 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 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. 1425-5-96 should be changed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECIION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as
previously amended, be, and the same is hereby, amended by changing the Zoning Map of the City of
Allen to give 13.736 acres of land located in the Alfred Slack Survey, Abstract No. 854, the Josh Butler
Survey, Abstract No. 47, and the James A Wilcox Survey, Abstract No. 1018, City of Allen, Collin
County, Texas, the following permanent zoning classification, to -wit:
That the area be and the same is hereby zoned as Flood Plain -Planned Development No. 71
(FP -PD No. 71).
SECTION 2. The Land Use Plan and Area and Use Regulations attached hereto as Exhibits "A" and
"B," respectively, are made a part hereof for a0 purposes and shall be adhered to in their entirety.
SECTION 1 The property described in Exhibit "C" shall be used in the manner and for the purposes
provided for as approved herein.
SECTION 4: 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 5: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
' sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 6. 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 fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTON 7: 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 CrrY COUNCH.OFTHE CITY OF ALLEN, TEXAS,
ONTHEIST DAYOF OCTOssx 199&
H
APPROVED:
"�
Stephen Terrell, MAYOR
ATTEST.
40
Jgitly Mod on, UMU, UfFYSECRETARY
Ordinance No. 1639-10-98 Page 2
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ORDINANCE NO. 1639-10-98
EXHIBIT "B", AREA & &USE REGS.
61 villas ofSuncreek
DEVELOPMENT DISTRICT STANDARDS
1.0 Planned Development District — Single Family Residential
1.01 I General Description:
The Planned Development District tract is intended to accommodate single
family residential uses. The residential units will be comprised of Single
Family lot unit sizes and development regulations in accordance with Single
Family — 7 Districts as set forth in Ordinance 1425-5-96.
1.02 I Permitted Uses: Land uses permitted within the PD 31 — C.F. and AO. are
U follows:
a. Residential units as described herein
b. Private or public recreation facilities
C. Park will include a hike and bike trail along Rowlett Creek
d. Real estate sales offices during the development and marketing of
the Planned Development
e. Developer shall have the option to make the roads public or private
f. FJectronic security facilities including gatehouse and control center
g. Accessory buildings and uses customarily incidental to the permitted
uses.
h. Temporary buildings and uses incidental to construction work on the
premises, which shall be removed upon completion
1.03 Densitv:
1.04
1.05
iL
The overall allowed density for the Planned Development District shall be
3.64 units per gross acre or a total of 49 units as calculated on a gross land
area basis (approximately 13.367 acres).
Required Parkine:
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.
Buildine Materials:
A minimum of seventy-five (75) percent ofthe total exterior wall surfaces
of all main buildings shall have an exterior finish of glass, stone, stucco,
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1 06 1
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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.
Sinele Family Detached Houses:
These residential areas will consist of lots having front access and frontage
on public or private residential streets. Building and area requirements are
as follows:
i. Minimum Dwelling Size: the minimum area of the main building
shall be two thousand two hundred (2,200) square feet, exclusive of
garages, breezeways and porticos
j. Lot Area: The minimum area of any lot shall be five thousand
(5,000) square feet.
k. l.ot Coverage' In no case shall more than fifty-five(55) 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.
1. Lot Width: The minimum width of any lot shall not be less than
fifty (50) 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 forty (40) feet at the front building line;
provided all other requirements of this section are fulfilled.
Or. Lot Depth: The minimum depth of any lot shall be ninety (90) 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 ninety (90) feet, provided all other
requirements of this section are fulfilled.
n. Front Yard: The minimum depth of the front yard shall be fifteen
(15)feet.
o. Side Yard: Two side yards required, five feet minimum with
minimum separation of ten feet between each house.
p. Rear Yard: The minimum depth of the rear yard shall be fifteen (15)
feet.
Ordinance No. 1639-10-98
l
q. Building Height: Buildings shall be a maximum of two and one-half
(2 ''/z) stones.
2.0 Plartoed Development — General Conditions
2.01 1 Conformance to All Applicable 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 j Screening/Landscaping alone Suncreek Drive:
Landscaping and screening shall be provided along Suncreek Drive and
may consist of decorative metal fencing, landscape planting, masonry walls,
living screens or a combination thereof.
Ordinance No. 1639-10-98
DESCRIPTION OF PROPERTY SURVEYED
Jm BEING, a 13.736 acre tract f land located in the City f Allen, Texas and bang out of the Alfred Slack
Survey, Abshact No. 854, Collin County, Texas, the Joel)Butler Survey, Abstract No. 47, Collin County,
Texas. and the James A. Wilcox Survey, Abstract No. 1016, Collin County, Texas; said tract being part of a
tract of land conveyed to Board of Church Extension of the Norm Texas Conference of the United Methodist
Church by Special Warranty Deed recorded at County Clerk Document No. 96-000202 of the Deed Records
of Collin County, Texas and part of a tract of land conveyed to Richard D. James by Warranty Deed
recorded in Volume 1303. Page 305 of the Deed Records of Collin County, Texas; said 13.736 ace tract
being more particularly described as follows: rsion of
COMMENCING, at me normwest and of a 15 foot x 15 foot right-of-way omen stip a e trite f -way line of e
south right-of-way line of McDermott Drive (a variable width right-of-way)
and Suncreek Drive (a 60 -foot wide right f -way);
THENCE. South 45 degrees, 45 minutes, 09 seconds East, along said corner clip, a distance of 21.21 oat
to a point In the said west line of Suncreek Drive;
THENCE, South 00 degrees, 44 minutes, 43 seconds East, along the said west line of Suncreek Drive, a
distance of 671.80 feet to a 1/2 -inch iron rod with "Pacheco Koch" cap found at the POINT OF BEGINNING;
THENCE, South 00 degrees, 44 minutes, 43 seconds East, continuing along the said weal line of Sunueek
Drive, a distance of 44.06 feet to a 1/2 -inch iron rod with "Pacheco Koch" cap found at the beginning of a
curve to the right whose center bears South 89 degrees, 15 minutes, 17 seconds West a distance of 820.00
feet from said pont;
THENCE, in a southerly direction, continuing along the said west line of Suncreak Drive and said curve to
the right, having a central angle of 28 degrees, 34 minutes, 54 seconds, a chord bearing of South 13
degrees, 32 minutes, 44 seconds West, a chord distance of 404.82 feet, an arc distance of 409.05 feet to a
is 1/2 -inch iron rod with "Pacheco Koch" cap found for
corner;
THENCE, North 62 degrees, 31 minutes, 38 seconds West, departing the said west line of Suncreek Drive
rand od folund at an angle poithe south line nt; sed poisaid Boant being the easternmosof Church Extension t southeast mer off said James tract;
iron
ong the south
ine said James tct, a
f 593.30 eel o a 1f2 nch iron rod with cap found forlcli
THENCE, North egrees, 01 minutes, 24 comer; said point being a re-entrant comer of sa dote
James tract;
THENCE, South 02 degrees, 44 minutes. 49 seconds West, along an east line of said James tract, a
distance of 380.50 feet to e 1/2 -inch iron rod found for comer, said point being the southernmost southeast
comer of sold Jamas tract:
distance Ef 603.438fastt to aapo nt south line of said Jamas tract, a
In the app x mate centariine f a creek;
THENCE, in a northerly direction, along the approximate centerline of said creek, the following twelve (12) '
calls:
North 09 degrees, 29 minutes, 04 seconds West, a distance of 25.38 feet to a point;
Norm 26 degrees, 37 minutes, 49 seconds West, a distance of 93.32 feet to a point;
Norm 12 degrees, 25 minutes, 27 seconds East, a distance Of 56.38 feet to a point;
ORDINANCE NO. 1639-10-96
EXHIBIT "C", LEGAL DESCRIPTION