O-603-4-85ORDINANCE NO. 603-4-85
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: "FP -PD" (FLOOD
PLAIN -PLANNED DEVELOPMENT) NO. 31, ON THE
FOLLOWING -DESCRIBED TRACT OF LAND: APPROXIMATELY 293
ACRES OF LAND, MORE OR LESS, OUT OF THE JAMES H. WILCOX
SURVEY, ABSTRACT NO. 1017, COLLIN COUNTY, TEXAS; PROVIDING
FOR A LAND USE PLAN; PROVIDING FOR USE REGULATIONS AND
TREE PRESERVATION; 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 "FP -PD" (Flood Plain -Planned Development) No. 31.
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
made a part hereof for all purposes shall be adhered to in its entirety for purposes of
development of "FP -PD" (Flood Plain -Planned Development) No. 31.
Ordinance No. 6 0 3- 4- 8 5 - Page 1
SECTION 3. That the Use Regulations and Tree Preservation Policy
described as Exhibit "C" and attached hereto and made a part hereof for all purposes
shall be the governing regulations for "FP -PD" (Flood Plain -Planned Development) No.
31.
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provisions of this ordinance shall be, and the same are hereby, repealed; provided,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, all other provisions of said ordinances not in conflict herewith shall remain in
full force and effect.
SECTION 5. 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".
SECTION 6. 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 7. 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 8. 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, TEXAS, ON THE 18th DAY OF APRIL , 1985.
Ordinance No. 6 0 3- 4- 8 5 - Page 2
APPROVED:
w1r, _
•..ibaugh, Mayor
-
ATTEST:
Marty Hendrix, 13ity Secretary
VED AS TO FORM:
er,_qity,Attorney
Ordinance No. 603-4-85 - Page 3
ATTACHMENT TO ORDINANCE NO. 603-4-85
ADOPTED: APRIL 18, 1985
"EXHIBIT A"
BEING a tract of land situated in the following Surveys:
Joah Rutter - Ahs. No. 47
J. H. Wilcox - Ahs. No. 1017
J. H. Wilcox - Abs. No. 1018
G. W. Ford - Abs. No. 326
Joseph Russell - Abs No. 775
A]I'heing in Collin County, Texas, and more particularly described as follows:
CnMMENCING at a point on the intersection of the South Riyht-of-Way line of
F.M. Highway No. 217n with the centerline of the 01d Alma Road; Thence S. 89
dey. 15 min. 02 sec. W., along said line of F.M. 217n, 39n.00 feet to the POINT
OF BEGINNING,; said point heing the beginning point of a ln.n19 acre tract that
was a part of the original 37.43 acre tract conveyed to E. W. Ouakenbush from
W. F. Bolin per deed recorded in Volume 726 Page 225 of the Land Records of
said Collin County;
THFNCF S. 00 dey. 38 min. 15 sec. E_., leavinq said line of F.M. 2170 and along
the easterly line of said 1(1.019 acre tract, 1110.88 feet. to a point for corner,
being the southeast corner of same 10.n19 acre tract;
THENCE N. 88 deg. 49 min. 44 sec. W., along the southerly line of same 10.019
acre tract, 231.06 feet to a point for corner, said corner being the most
northerly northeast corner of a 69.934 acre tract that is all of one of the
four tracts conveyed to Connie Holt Eaker and Betty Holt Smith, as described by
Gift freed, dated December 28, 1976, and recorded in Volume 1031 Page 880 of the
need Records of same Collin County;
THFNCF S. 01 deg. 50 min. 35 sec. W., along a line common to the east line of
said 69.934 acre tract, 1822.58 feet to a point for corner;
THENCE N. 89 deg. 57 ruin. 21 sec. F., along same common line, 571.52 feet to a
point in the center of a County Road;
THFNCF S. 01 deg. 42 min. 58 sec. W. , leaving said center of County Road and
continuing along sarne common line, 1387.7() feet to a point in the center of
Rowlett Creek;
1111 NCE continuing d 1 on(1 same common line, meandering_ with said center of Rowlett
Greek, the following:
N.
66
deg.
45 min.
00 sec.
W.,
189.00
feet
to a
point
for
corner;
S.
66
deg.
n(1 min.
On sec.
W.,
165.00
feet
to a
point
for
corner;
N.
48
deg.
n0 min.
00 sec.
W.,
220.nn
feet
to a
point
for
corner;
N.
88
deg.
3n min.
0n sec.
W.,
282.20
feet
to d
point
for
corner;
N. 47 deg.
15 min. 0n sec. W., 101.00
feet to a point lying
in the center-
line of future
Alma road, said point
being the most easterly northeast
corner of
a 161.513 acre tract that is
a part of the land
conveyed to the
Comhridge
Companies, Inc. Trustee, from
David M. Sherer,
Trustee as re-
corded in
Voluvip 857, Page 451 of
same Collin County
Land Records.
THENCE S. 2.6 deg. 00 min. 15 sec. W., leaving said centerline of Rowlett Greek
and along said line of future Alma Road with a common line of said 161.513 acre
tract, 911.32 tent to this hNginninq of a curve to the left having a central
angle of 10 deal. ()3 min. 1/ sec.. dod d 53011.8(1 toot radius;
THENCE Southwesterly continuing along said line of future Alma Road with said
curve, for an arc distance of 947.26 feet to a point at the end of said curve,
said point being the southeast corner of said 161.513 acre tract, and the center
line intersection of Alma Road and Hedgecoxe Road;
Page 2
THENCE leaving said line of future Alma Raod and along a line common to the
south line of same 161.513 acre tract and the centerline intersection of Alma
Road and Hedgecoxe Road as follows :
N. 14 deg. n3 min. 02 sec. W., 150.00 feet to a point at the beginning of
a curve to the right having a central angle of 20 deg. 31 min. ?� sec. and
a 135n.nn foot radius;
Northwesterly with said curve for an arc distance of 483.58 feet to a
point of reverse curvature for a curve to the left having a centPal angle
of 35 deg. 2.6 min. 46 sec. and a 135n.nn foot radius;
Northwesterly with said curve for an arc distance of 835.18 feet to a
point at the end of said curve;
tl, nn deg. 28 min. 2h sec. W., 5.63 feet to a point for corner;
S. 89 deg. 22 min. 50 sec. W., 1'118.55 teet to a point, for turner, said
point being the southwest corner of same 161.513 acre tract and the
southeast corner of a 51.702 acre tract that is a re -survey and consolida-
tion of a 35.5 acre tract and a 17.75 acre tract described in a deed from
F. F. Frecksoo, et ux to W. H. Rasor, et ux, recorded in Volume 418 Page
136 of the deed records of said Collin County;
THENCE leaving said south line of said 161.513 acre tract and along_ a line
common to said 51.702 acre tract as follows:
S. 89
dry.
57 min. 14
sec. W., 1324.88 Leet to a point for corner;
Due North,
38
1684.66 feet
to a point for corner;
S. 88
deg.
0n min. 44
sec. E., 729.84 feet to a point for corner;
S. 89
deg.
12 min. 00
sec. E. , 656.60 feet to a point at the northeast
corner
of same
51.702 acre tract;
THENCE leaving said common line of the 51.702 acre tract and along a line common
to the aforesaid 161.513 acre tract as follows:
N.
01
deg.
33
min.
38
sec.
E.
210.98
feet
to
a
point
for
corner;
S.
87
deg.
29
min.
46
sec.
E.
263.6n
feet
to
a
point
for
corner;
N.
01
deg.
56
min.
31
sec.
E.
495.0n
feet
to
a
point
for
corner;
S.
89
deg.
33
min.
5n
sec.
E.
632.n0
feet
to
a
point
for
corner;
S.
89
deg.
n0
min.
28
sec.
F.
600.00
feet
to
a
point
for
corner;
S.
87
deg.
39 min.
28
sec.
E.,
1287.93
feet
to a
point
in the
west
line of
the aforesaid 69.934
acre
tract;
THENCF
t,J.
03 deg. 02 min. n2 sec.
E. , 1 eavi ng the common 1 i ne of said 161.513
acre tract
and along a line common
to same 69.934 acre tract, 1969.37 feet to a
point
for
corner;
THENCE
S.
88 deg. 5n min 45 sec.
E., continuing along a common line to same
69.934
acre
tract, 593.18 feet to a point for, corner, said point being the
southwest
corner of the aforesaid
10.n19 acre tract;
THENCE
N.
00 deg. 41 min. 31 sec.
W., along a line common to same 1n.019 acre_
tract,
1096.77
feet to a point
on the south line of aforesaid F.M. 2170;
THENCE
-N.
89 deg. 15 min. 02 sec.
E., continuing along a line common to same
10.019
acre
tract with said line
of F.M. 2170, 395.80 feet to the POINT OF
BEGINNING
and containing 293.168 acres
of land, more or less:
ATTACHMENT TO ORDINANCE NO. 603-4-85
ADOPTED: APRIL 18, 1985
"EXHIBIT A"
ROWLETT CREEK PROPOSED ZONING
— w r 11771 itis 6C. PLANNED DEVELOPMENT
Utal DANve{ wt a Z= /..s4 I
■V V�� V \ 7V. 117! wwt•. r.r
7 fETA<
1
1 As ofstcE
T l 1
�E: t# MIK -
�1o'
1 I . 1._
rllw. it tSKT
1 �„"
-7777.._ � t6lorrp0 Ct3rlet
Pyrners/L.ardacme ArdItects
a...., a,.w.� aglt c.
6utvEYa:
Nm c�Is.M r1u•, urr >r JJR
60M. n /fir
J.aa BLOW
ApaL 41
'
a. W. Fora
AOat 326
a
1. RrnaA
Abet Tl{
Engineers
a... c an•
A. ~�.
Afal aha
1AK ru,r rr. y/u W
S.11 -.it ,1w
J. K W6Ma
AML 1017 6 1016
Strvey EnQheers
wcrl r•n1.t
r-
�-
H
Iwo Irwr•rt Mw, 1.I0. M
'
;,�yp1
1.4 a.• 7
'CaMa(A)
i_h7�
"6�
Kr•1
�6
Trulaportatbn ErlgkMWS
a.t...r•r. rwclrw, ts.
r6 y
IIKI f—t 1-41.1 DIM
Llt• !K
•
rnw, n tW1
1 1
7 fETA<
1
1 As ofstcE
T l 1
�E: t# MIK -
�1o'
1 I . 1._
Koad R.O.W.
1 �„"
-7777.._ � t6lorrp0 Ct3rlet
11
, 1-:,yai Ewen
TWrCT 2
----�j (A)
OaJ2 IA) I
4.17
1
a
TRACT 1
0 �
..
r-
�-
H
Bwrl tilr.� WA# R WrrA ( A)
'
;,�yp1
'CaMa(A)
i_h7�
"6�
417611
�6
�WAl�
r6 y
YarOuat 6L A Arry MCDOWaN ( A ) i
CF
O 1610
\
Data N 1I1.if Qobbo S(A/
4/11/66 41
IS OW
Zoo 20a 6 ,
1
M���ar•���a.�
TRACT
Jim
E E L11111)~A) � n 1 -- �--. 0 t 1.6140�
FP Plumed Development Land Use SurmurY 1 c ,?; i j — N 1 t:t TRACT to♦
Use Gross aa• Net ac -r : •� 1 J i i J '� ` ��� O two ; \�,
A )
N 6.64' ( , A. Y. lraiyl (
a Mnc• (677«7 Incl w aaa i • ,1 ♦� TRACT 6 \
.• 1•r•1 ra•n 4a! a►6 1' . r if ,M \ slao' f ?11ACT 1 / t
Y st nl,r � •2426 1746 t II ! .) \ N ! 2.1 rlae) �6F t 2:a 5 it \
r' TRACT a A t
rrrtr nor w.1.l�.n, r.rnuul au1 saw �.^— i N aa.36� I, OA�t _ 4 K6.
al •n/.r�u, 21p1 taarl 1 !' �•J - 1 �i I/ , aa2a,.
rll••.t l•1
Sam : aa•a
f 717,E 1_I1rn7 7
171.141
MA/ 6'126
'
! 31.,1• rwIr • d.r) w am.
•le1 t /
f 7W1• r•n, 1 e l 22= 6l4a vv//
f s1.,1•rwn,ILr.lrl •aaw 6661
•1 , i
f sl.rl. r�11, 1..1./rl •�
tin
1er4_
BOW I/, /t�cT o
2.7 vr! •/♦ ♦ TRACT a
6of,
- ,
M
o • - 111E .;
E L YIDK(A) _ 0 62.0 (, K 7206 a 1220
• �• [ • N 11/.12� .�• _-`r
\ TRACT 10-A ACT 11 � TRACT 6-A TRACT 3 - -
6r l 3.6 o/ac 1 l a 6.raa) NDR `tl 1
---037
01232 02498 a 20" '6 ' X11 Dwoo o~ (A)
3616 #111.220- ` N 94.07 M 11.4 `
r
H6dpt:a116 Road
110E R.O W. ,'r"
_ bob" Or." #a G.ai alaM Eai11 *3
Lou 1, 12, 13. A ♦a 6k.14 Left 1. 1a. 17. 17. IS 28 W 20
/ Fa.a1.e...r1. I y Li1ra2.43,A� r 20 ' Eat I•M "EXHIBIT B"
Lata 1. 2 A 60-36 ML 16 PD --162 100- 162 ;
Cron. Cr.M Karo Rae 4'
Left 10-T6 a 1a M. to PD- 1M 11.161 1 %
"'o-2 C"m C•.r 06-f }J" ATTACHMENT TO:
Lot 1.611, 13 - ORDINANCE NO. 603-4-85
ro-ta2
S M�"¢%ali1S8Ia, ���hA�iiF1A1!�ITaSdiAlt�`mS4sFllaix,
ORDINANCE NO 603-4-85
Rowlett Creek
A 293 ACRE PLANNED DEVELOPMENT
ALLEN, TEXAS
ZONING REQUEST FP -PD
Revised to meet P and Z Recommendation
Apr i 1 11, 1985
Prepared
for
Utal Development, Inc.
18333 Preston Road
Suite 410/LB 10
Dallas, Texas 75252
248-2300
Prepared
by
Johnson, Johnson & Roy/inc.
3000 Carlisle, Suite 200
Dallas, Texas 75204
749-7341
DEVELOPMENT STANDARDS
FOR
ROWLETT CREEK
A 293 ACRE FP PLANNED DEVELOPMENT
ALLEN, TEXAS
The Rowlett Creek Development is located northwest of the intersection of
Alma Drive and Hedgcoxe Road. The 293 acre site spans the Rowlett Creek
and is bounded by McDermott Road on the north, Alma Drive on the east,
Hedgcoxe Road on the south and the McDermott property on the west. The
following zoning standards and the accompanying zoning plan and Tree
Preservation Policy comprise the development standards for the Rowlett
Creek, Planned Development District.
TRACT
1
- Office
TRACT
2
- Local Retail
TRACT
3
- Shopping Center
TRACT
4
- FP/Community Facilities
TRACT
5
- MultiJami 1y
*TRACT
6
- Medium Density Residential
*TRACT
7
- Single Family
TRACT
8
- Single Family
*TRACT
9
- Single Family
TRACT
10
- Single Family
TRACT
11
- Single Family
Tracts 6, 7, and 9 shall conform to the Tree Preservation Policy included
as part of zoning request.
I
TRACT 1 - OFFICE '0'
1. Purpose - This Tract is intended for office uses not dependent upon
re ai trade or retail traffic for their operation. This Tract is
designed to permit the location of offices of any profession, trade, or
service near their clients and minimize the effect upon residential and
commercial areas. The heights setback, sign controls, and parking
regulations are intended to allow flexibility in design and maintain
aesthetics and neighborhood quality.
2. Use Regulations
a. Professional Administrative Offices where services are provided only
and no chattels or goods are offered for sale on the premises,
including, but not limited to doctors, dentists, attorneys, archi-
tects, 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 provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - The maximum height for the main building shall be
two standard stories, but shall not exceed thirty (30) feet in
height. In no event shall any building exceed one (1) standard story
when located within one hundred fifty (150) feet of any property zoned
for residential purposes.
4. Area Regulations:
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.
5.
6.
(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 30 feet in height must be set back from the
property line 1 foot for each 1 foot above such limit with
a maximum setback of 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 "R" District 1 foot for each 1 foot above such
limit with a maximum setback of 100 feet regardless of the
height of the building.
(b) On corner lots the required front yard setback shall be
provided on both streets and such required yard may not be
used for parking purposes.
3. Rear Yards - No rear yard is required, except that a rear yard
of not Tess than fifty (50) feet in depth shall be provided
upon that portion of a lot abutting or across a rear street
from an "R" District.
(a) Lot Coverage - In no case shall more than fifty (50)
percent o he total lot area be covered by the combined
area of the main buildings and accessory buildings.
(b) Floor Area Ratio - The ratio of total floor area of all
buildings to total land area shall be a maximum of 1:1.
Building Regulations
a. Type of Materials - All main building exteriors shall be
constructed o s one, brick, tiles, cement, concrete, or
similar materials.
Site Lighting
a) Deed restrictions dealing with lighting criteria will be
adopted prior to the time of platting.
3
TRACT 2 - LOCAL RETAIL 'LR'
1. Purpose - This tract is a limited retail category intended for use near
neigh rhood areas for the purposes of supplying day to day retail needs
of the residents, such as food, drugs, and personal services. The area
height, yard, parking and screening regulations of the 'LR' District are
calculated to permit neighborhood convenience facilities compatible with
the adjacent residential areas which they are intended to serve.
2. Use Regulations - A building or premise shall be used for the following
purposes:
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. Restaurant (no drive-in or drive-through service).
k. Office Supply.
1. Bank and financial institutions.
M. Auto part sales (indoor).
n. 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 con-
tainer, 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.
4
3.
4.
o. Day care center for children.
p. Accessory buildings and uses customarily incident to any of the
above uses.
q. Such uses as may be permitted under provisions of Section 2.06,
Specific Use Permit.
r. Any use permitted in "0" District.
Height Regulations: No building shall exceed thirty (30) feet or 2 1/2
stories in height.
Area Regulations:
a. Size of Yards:
(1) Front Yards - There shall be a front yard having a minimum
ep o wenty-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,
except that automobile parking will be permitted in such yards
if separated by at least 100 feet from any "R" District.
(2) Side Yard - A side yard of not less than fifteen (15) feet in
widtFsl-call be provided on the side of a lot adjoining a side
street, an alley, or an "R" 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 "R" District.
b. Lot Coverage - In no case shall more than forty (40) percent of
e o a of 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 buildings,
0 total landarea shall be a maximum of 1:1.67.
5. Building Regulations
a. Type of Materials
structed of stone,
materials.
6. Site Lighting
- All main building exteriors shall be con -
brick, tiles, cement, concrete, or similar
a. Deed restrictions dealing with lighting criteria will be adopted
prior to the time of platting.
k"
TRACT 3 - SHOPPING CENTER 'SC'
1. Purpose - This Tract provides for medium intensity concentrations of
s opping and related commercial activity characteristic of the trend of
urban development to the decentralization of retail business facilities.
The regulations in this Tract are designed to make permissible uses
compatible with adjacent residential area, particularly of a multi-
family type.
2. Use Regulations - A building or premise of this district shall be used
or the followiiTg purposes:
a.
Any use listed as permissible
in and "LR"
District.
b.
Paint sales/wallpaper/interior
decorating
sales (all inside).
C. Office supplies.
d. Building materials sales (inside).
e. Banks and financial institutions.
f. Commercial amusement (indoor).
g. Studios, photo, music, art, health, etc.
h. Furniture sales.
i. Auto parts sales (indoor).
j. Department or discount stores.
k. Indoor theater.
1. Restaurant (no drive-in).
M. Restaurant (with drive through window).
n. Accessory buildings and uses customarily incident to any of the
above uses.
o. Uses similar to the above mentioned permitted uses provided
activities conducted observe the requirements of all City Ordi-
nances.
p. Such uses as may be permitted under the provisions of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed forty-five (45) feet or
three stories in height, other than those specified in an "0"
District.
6
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a minimum
depth of twenty-five (25) feet. No parking, storage, or
similar use shall be allowed within 100 feet of any "R"
District.
(2) Side Yard - A side yard of not less than fifteen (15) feet in
width all be provided on the side of a lot adjoining a side
street, alley, or "R" District.
(3) Rear Yard - No rear yard is required except that a rear yard
not I than twenty-five (25) feet in depth shall be provided
on that portion of a lot abutting or across a rear street or
alley from an "R" District.
b. Lot Coverage - In no case shall more than fifty (50) percent of
e total f 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
0 total an area shall be a maximum of 1:1.25.
5. Building Regulation:
a. Type of Materials - All main building exteriors shall be con-
structed
on-
s ruc e ot stone, brick, tiles, cement, concrete, or similar
materials.
6. Site Lighting
a. Deed restrictions dealing with lighting criteria will be adopted
prior to final platting.
7
TRACT 4 - A and B FLOOD PLAIN/COMMUNITY FACILITIES 'FP/CF'
TRACT 4A
1. Purpose - The purpose of this tract is to place land into public park
and --open space use in accordance with section 3.01 (R) sub -section 4 of
the Zoning Ordinance. At the City's discretion, the 100 year flood
plain of Rowlett Creek will be dedicated to the City of Allen at the
time of platting.
TRACT 4B
1. Purpose - The purpose of this tract is to place land into community
pale in accordance with the Comprehensive Plan. At the City's
discretion, this 18.5 acre tract will be dedicated to the City of Allen
at the time of platting.
102
TRACT 5 - A and B MULTI -FAMILY 'MF'
1. Purpose - This Tract provides a higher -density dwelling classification
in TFe form of attached dwelling units. This Tract should provide for
about 18 dwelling units per acre. The maximum number of dwelling units
shall not exceed 335.
2. Use Regulations - A building or premise shall be used only for the
T33TTowing purposes:
a. Any use permitted in District "MF -111.
b. Multi -family dwellings.
C. Dormitories for students.
d. Fraternity or sorority houses.
e. Accessory buildings and uses, customarily incident to the above
uses and located on the same lot therewith, not involving the
conduct of a retail business.
f. Such uses as may be permitted under the provision of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty (30) feet or two
and one -halt stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a required
depth ot t less than twenty (20) feet.
2) Side Yard - There shall be a side yard on each side of the
lootiav ng 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.
3) Rear Yard - There shall be a rear yard having a required
elf not less than twenty (20) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot of
esT s-75an 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.
(2) Lot Width - The width of the lot shall not be less than one
hundred 00) feet at the front street building line.
V7
(3) Lot Depth - The depth of the lot shall not be less than one
un re 00) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21,
1972. The above regulations shall not prohibit the erection
of a building thereon.
C. Minimum Dwelling Size -40% of the units with minimum of 700 sq.ft.
40% of the units with minimum of 850 sq.ft.
20% of the units with minimum of 1000
sq.ft.
d. Lot Coverage - In no case shall more than fifty (50)) percent of
e tota of 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.
10
TRACT 6 - A and B MEDIUM DENSITY RESIDENTIAL 'MDR'
1. Purpose This Tract is designated for medium density single family
dwellings in the form of attached dwelling units on separate lots under
separate ownership. The maximum density in this tract shall not exceed
10.8 dwelling units per acre. The maximum number of dwelling units in
this tract shall not exceed 385.
2. Use Regulations - A building or premise shall be used only for the
tollowing purposes:
a. Any use permitted in district "2-F".
b. Attached dwelling units, provided that no more than six (6)
dwelling units are attached in one continuous row or group, and
provided that no dwelling unit is constructed above another
dwelling unit.
C. Accessory buildings and uses, customarily incident to the above
uses and located on the same property therewith.
d. Such uses as may be permitted under the provision of Section 2.06,
Specific Use Permits.
3. Height Regulations - No building shall exceed thirty (30) feet or two
and one-half stories in height.
4. Area Regulations:
a. Size of Yards:
(1) Front Yard - There shall be a front yard having a required
depth of not less than twenty (20) feet. No required parking
shall be allowed within the required front yard.
(2) Side Yard - There shall be a side yard on each side of a
contiguous row or group of dwellings of not less than six (6)
feet. 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 an fifteen (15) feet.
b. Si ze of Lot:
(1) Lot Area - No building shall be constructed on any lot less
an 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.
(2) Lot Width - The width of the lot shall not be less than
thirty --M) feet at the front street building line.
11
5.
R1
(3) Lot Depth - The depth of the lot shall not be less than one
hundred 00) feet.
c. Minimum Dwelling Unit Size Distribution - The following floor
areas for residential dwe ings exclusive of garages, breezeways
and porches shall be observed: Tract 6A - 1200SF, Tract 6B -
1400SF.
d. Lot Coverage - In no case shall more than sixty-five (65) percent
of the to a land are be covered by the combined area of the main
buildings and accessory buildings.
e. Open Space Requirement - Each group or row of townhouses shall
provide additionaT common area or open space so as to provide a
total of four thousand (4,000) square feet. This requirement is in
addition to all other required yard spaces.
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.
Tree Preservation - This tract shall conform to the Tree Preservation
P-7—icy.
12
TRACT 7 - SINGLE FAMILY RESIDENTIAL 'SF'
1. Purpose - This Tract is to be composed of single family, detached
we Ings, on lots of not less than twelve thousand (12,000) square
feet, together with the allowed incidental and accessory uses. This
Tract should provide for about 2.1 dwelling units per acre. The maximum
number of dwelling units shall not exceed 91.
2. Use Regulations - A building or premise shall be used only for the
T—oTlowing purposes:
a. Any use permitted in District "R-211.
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 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 an thirty (30) feet. In wooded lots the front yard
shall have a depth of not less than forty (40) feet.
(2) Side Yard- There shall be a side yard on each side of the
Tom Fi ving a width of not less than ten (10) percent 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. Si ze of Lot:
(1) Lot Area - No building shall be constructed on any lot of
esl— s _Tan twelve thousand (12,000) square feet, and no
building shall be constructed on any lot less than fourteen
thousand (14,000) square feet on fifty (50) percent of the
lots in the wooded area. Such lot shall have a minimum build-
able
ui1d-
able area of four thousand six hundred (4,600) square feet.
(2) Lot Width The width of the lot shall not be less than
seventy 0) 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 ten (110) 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).
1.3
5.
A
7.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21,
1972. The above regulations shall not prohibit the erection
of a single-family dwelling thereon.
c. Minimum Dwelling Unit Size Distribution: - The following floor
area or residential dwe ings exclusive--of—garages, breezeways and
porches shall be observed: (1) sixty (60)% 2500 SF or greater, (2)
forty (40)% 2000 SF or greater.
d. Lot Coverage - In no case shall more than thirty-five (35) percent
of the to al lot area be covered by the combined area of the main
buildings and accessory buildings.
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.
Tree Preservation: - This tract shall conform to the Tree Preservation
Policy.
Alley Regulations: - Alleys shall not be required in wooded areas of
this tract. At the city's discretion, alleys may
or may not be required on lots backing up to a
green belt.
14
TRACT 8 - SINGLE FAMILY RESIDENTIAL 'SF'
1. Purpose - This Tract is to be composed of single family, detached
we Ings, on lots of not less than ten thousand five hundred (10,500)
square feet, together with'the allowed incidental and accessory uses.
This Tract should provide for about 2.6 dwelling units per acre. The
maximum number of dwelling units shall not exceed 15.
2. Use Regulations - A building or premise shall be used only for the
following purposes:
a. Any use permitted in District "R-311.
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 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 an twenty-five (25) feet.
(2) Side Yard- There shall be a side yard on each side of the
lot h v ng a width of not less than ten (10) percent 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 fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot of
es�ian ten thousand five hundred (10,500) square feet. Such
lot shall have a minimum buildable area of three thousand six
hundred (3,600) square feet.
(2) Lot Width - The width of the lot shall be not less than
seventy 0) 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
uunndr�e men (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 no less than ninety (90) feet.
(4) Where a lot having less area, width and/or depth than herein
required existed in separate ownership on or before June 21,
1972. The above regulations shall not prohibit the erection
of a one -family dwelling thereon.
15
c. Minimum Dwelling Unit Size - The following floor areas for
residential dwe ings exclusive of garages, breezeways and porches
shall be one thousand eight hundred (1,800) square feet.
d. Lot Coverage - In no case shall more than forty (40) percent of
e tota of area bye 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.
6. Alley Requirements: - At the city's discretion, alleys may or may not
be required on lots backing up to a green belt.
16
TRACT 9 - SINGLE FAMILY RESIDENTIAL 'SF'
1. Purpose - This Tract is to be composed of single family, detached
we Ings, on lots of not less than nine thousand (9,000) square feet,
together with the allowed incidental and accessory uses. This Tract
should provide for about 2.7 dwelling units per acre. The maximum
number of dwelling units shall not exceed 88.
2. Use Regulations - A building or premise shall be used only for the
following purposes:
a. Any use permitted in District "R-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 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. In wooded lots the front
yard shall have a depth of not less than thirty five (35)
feet.
(2) Side Yard - There shall be a side yard on each side of the
o aving a width of not less than ten (10) percent 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
es1�11 an fifteen (15) feet.
b. Si ze of Lot:
(1) Lot Area - No building shall be constructed on any lot less
than ,500 square feet on fifty (50) of the lots, and nine
thousand (9,000) square feet on fifty (50) percent of the
lots. Such lots shall have a minimum buildable area of three
thousand (3,000) square feet.
(2) Lot Width - The width of the lot shall not be less than
six y- 1ve (65) feet at the front street building line, nor
shall its average width be less than sixty (60) feet.
(3) Lot Depth - The depth of the lot shall not be less than one
hundred f'ive (105) feet, except that a corner lot may have a
depth of less than one hundred (100) feet provided that the
minimum depth is no less than ninety (90) feet.
17
(4) Where a lot having less area, width and/or depth than herein
required existed in separate ownership on or before June 21,
1972. The above regulations shall not prohibit the erection
of a one -family dwelling thereon.
C. Minimum Dwelling Unit Size - The following floor areas for
residential dwe ings exclusive of garages, breezeways and porches
shall be two thousand (2,000) square feet.
5. Tree Preservation - This tract shall conform to the Tree Preservation
Policy.
6. Alley Requirements: - Alleys shall not be required in wooded areas of
is tract. At the—city's discretion, alleys may or may not be required
on lots backing up to a green belt.
18
TRACT 10 - A and B SINGLE FAMILY RESIDENTIAL 'SF'
1. Purpose - This Tract is to be composed of single family, detached
dwellings, on lots not less,than seven thousand five hundred (7,500) SF,
together with the allowed incidental and accessory uses. This Tract
should provide for about 3.6 dwelling units per acre. The maximum
number of dwelling units shall not exceed 164.
2. Use Regulations - A building or premise shall be used only for the
0 owing purposes:
a. Any use permitted in District "R-4".
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 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 an 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) percent 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 fifteen (15) feet.
b. Size of Lot:
(1) Lot Area - No building shall be constructed on any lot less
an seven thousand five hundred (7,500) square feet. Such
lot shall have a minimum buildable area of three thousand
(3,000) square feet.
(2) Lot Width - The width of the lot shall be not less than sixty
fee t at the front street building line, nor shall its
average width be less than sixty (60) feet.
(3) Lot Depth - 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 ninety (90) feet provided that the minimum depth
is no less than ninety (90) feet.
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21,
1972. The above regulations shall not prohibit the erection
of a single family dwelling thereon.
19
c. Minimum Dwelling Unit Size:
(1) TRACT 10-A: The following floor areas for residential
dwellings exclusive of garages, breezeways and porches shall
be: 50% @ 1800 SF, 50% @ 1600 SF.
(2) TRACT 10-B: fhe following floor areas for residential
dwellings exclusive of garages, breezeways and porches shall
be: 1800 SF.
d. Lot Coverage - In no case shall more than forty (40) percent of
the o a area be covered by the combined area of the main build-
ings and accessory buildings.
5. Building Regulations:
a. Type of Materials - All main buildings shall have exterior
construction ot a minimum of 75% brick, tiles, cement, concrete,
stone, or similar materials.
6. Alley Requirements: - At the city's discretion, alleys may or may not
e required on lots -Backing up to a greenbelt.
20
TRACT 11 - SINGLE FAMILY RESIDENTIAL 'SF'
1. Purpose - This Tract is to be composed of single family, detached
WFT ngs, on lots of not less than five thousand (5,000) square feet,
together with the allowed incidental and accessory uses. This Tract
should provide for about 4.9 dwelling units per acre. The maximum
number of dwelling units shall not exceed 55.
2. Use Regulations - A building or premise shall be used only for the
0 owing purposes:
a. Any use permitted in District "R-411.
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 -halt 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 an twenty (20) feet. The front yard setback may be
staggered, varied or reduced to a minimum setback of ten (10)
feet for lots facing cul-de-sac or loop streets, not exceeding
four hundred (400) feet in length.
(2) Side Yard - Only one required - ten (10) feet minimum; no
accessory building shall be permitted within required side
yard. The required side yard may be provided by placing the
necessary setbacks on opposite sides of each lot in off -set
locations so as to insure that a minimum separation of ten
(10) feet between structures is maintained.
(3) Rear Yard - There shall be a rear yard having a depth of not
esus than twenty (20) feet for rear facing garage. No setback
required for side facing garage.
* b. Size of Lot:
(1) Lot Area - No buildin shall be constructed on any lot of
esT� a five thousand ?5,000) square feet.
(2) Lot Width - The width of the lot shall not be less than fifty
eet at the front street building line, nor shall its
average width be less than fifty (50) feet.
(3) Lot Depth - The depth of the lot shall not be less than
ninety ) feet, except that a corner lot may have a depth of
less than ninety (90) feet.
*This Tract 11 was approved by the Allen City Council to
contain 50% of the lots to be 6,000 sq. ft. or greater in
the motion for approval on April 18, 1985. 21
(4) Where a lot having less area, width, and/or depth than herein
required existed in separate ownership on or before June 21,
1972. The above regulations shall not prohibit the erection
of a single-family dwelling thereon.
C. Minimum Dwelling Size: - The minimum floor area for any dwelling
shall e sixteen un re (1,600) square feet.
d. Lot Coverage - In no case shall more than sixty (60) percent of
e o a of 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 ot a minimum of 75% brick, tiles, cement, concrete,
stone or similar materials.
6. Alley Requirements: - At the city's discretion, alleys may or may not
e required on o s acking up to a green belt.
22
GENERAL STANDARDS FOR DEVELOPMENT
1. General: It is recognized other zoning standards are applicable to
iNe development of this Planned Development District, and that such
standards are set forth in,Zoning Ordinance 366-10-81. Therefore,
for the purpose of these standards, the following sections of
Ordinance 366-10-81 are hereby incorporated into this ordinance.
a.
Section
2.03
Creation of Building Site
b.
Section
2.06
Specific Use Permits
C.
Section
2.07
Temporary Uses
d.
Section
2.08
New and Unlisted Uses
e.
Section
2.09
Site Plan Approval
f.
Section
2.10
Definitions
g.
Section
3.02
Height and Area Exceptions
h.
Section
3.03
Vehicle Parking
i.
Section
3.04
Off -Street Loading
j.
Section
3.05
Landscaping
k.
Section
3.06
Fences and Walls
1. Section 3.07 Court Standards
M. Section 3.08 Accessory Buildings
2. Landscape Buffer along FM 2170: A 25 feet wide landscape buffer
shall be maintained along and adjacent to FM 2170 consistent with
Zoning and development policy of the City. No building structure or
parking shall be permitted within this buffer. Special provision may
be considered where insufficient depth may create a hardship.
3. Prior to issuing Building Permits: The new Alma Drive Bridge and the
Collector Street connecting New Alma Drive and FM 2170 must be
completed.
23
TREE PRESERVATION POLICY
1. PURPOSE: This regulation establishes a policy regarding the protection
of trees in Tracts 6, 7 and 9 of Utal Development's Rowlett Creek
Planned Development. Trees are valuable in the maintenance of the
public health and welfare of the residents of the city and in the
preservation of the city's,natural resources.
2. SCOPE: The intent of these regulations is to provide minimum stan-
dards for conservation of protected trees located on privately owned
land in Tracts 6, 7, and 9.
3. SPECIAL DEFINITIONS: For the purpose of these regulations, the
following terms shall have the special meaning respectively ascribed to
them below:
Tree: A woody pl ant having one well defined trunk and a more or less
3—efinitely formed crown, and usually attaining a mature height of at
least eight (8) feet.
Protected tree: A protected tree means any tree having a trunk circum-
erence o wenty (20) inches or more, measured four and one-half (4
1/2) feet above natural grade. In the case of a multi -trunk tree, the
largest trunk shall be counted together with 1/2 of the circumference of
each additional trunk or stem to come up with the total equivalent
circumference. Although trees less than 20" in circumference are not
directly protected under the Policy, they should be seriously considered
for preservation regardless of their size.
Dripline: A vertical line extending from the outermost portion of a
mreanopy to the ground.
Development: Construction of buildings and other structures, paving,
excavation, dredging, grading, filling, clearing or removal of vegeta-
tion.
Tree Removal: Removal as applied to protected trees means any inten-
tional or unintentional act which may reasonably be expected to cause a
protected tree to decline and die, including, but not limited to the
following:
1.
Severing the trunk
2.
Excessive pruning or
mechanical damage to
the branching system
3.
Mechanical damage to
the bark and cambium
layer
4.
Damage to the root
system by machinery,
storage of materials
or soil compaction
5.
Changing the natural
grade within the dripline
6.
Paving within the dripline
with impervious
materials
2.4
7. Direct or indirect application of toxic substances or fire to
the tree or its root system
Application for Tree Removal: A form developed by the Parks and
ecrea ion Department should -be filed by applicant proposing removal of
a protected tree and proposing development on a site where a protected
tree is located.
4. ADMINISTRATIVE CRITERIA:
A. Who shall apply
1. Tree located on privately owned property; the application
shall be made by the owner of the property on which the tree
is located.
B. Application
1. Those applying for a building permit must submit and have
approved a site plan which complies with the Tree Preservation
Policy as a condition for receiving a building permit.
2. Site Plan submittal:
Exact location of all protected trees should be located on the
site plan for review by the parks and recreation department.
In addition to the tree location the site plan should also
indicate the circumference of the tree, measured 4 1/2 feet
above natural grade level, approximate diameter of crown size,
species and/or common name of the tree, general condition of
the tree (good, excellent, poor). Both existing and proposed
grades should be clearly documented on the site plan.
3. Proposed treatment of Protected Trees:
a) If applicant proposes retaining tree on site and proposes
no permanent development improvements within the dripline
of the tree, applicant should indicate any temporary
activities or planned permanent development that will
change natural drainage to the tree, and agree to follow
prescribed protective measure around the tree during
construction.
b) If applicant proposes retaining the tree on site but
proposes development within the dripline of the tree
which may reasonably be expected to cause the tree to die
the applicant should:
1. include information as to why such development is
necessary.
2. include details to illustrate recommended treatment
for retaining protected trees.
25
c) If applicant is proposing removing a protected tree, the
applicant must state reasons for such removal. All trees
to be removed shall be removed in a manner that will not
damage the protected trees remaining. Any damage that
occurs during the clearing operation must be repaired in
an approved manner as soon as clearing has been com-
pleted. _
C. Review and Action on Application
1. The Parks and Recreation Department shall receive all
applications.
2. Upon receipt of an application, the Parks Director will
evaluate the plan and recommend action.
3. Action on the application:
a) Approval
(1) The number of protected trees to be cut down
entirely is the least that is feasible.
(2) All trees remaining will be protected according
to approved tree preservation guideline.
b) Deni al
If the Parks Director recommends denial of approval
he shall state the reasons for such denial.
D. Standards for Approval for Removal of Entire Tree
1. Removal shall be granted if a showing is made that:
a. Tree is located as to prevent reasonable access to
property
b. Tree location precludes reasonable and lawful use of
the property.
E. Enforcement
Utal Development, Inc. and the City of Allen shall mutually
agree upon and select one firm or person to act as a Consul-
tant to the City and provide Administration of the Tree
Preservation Policy as set forth below:
1. The Consultant shall visit the site at intervals appro-
priate to the stage of construction to determine in
general if work is proceeding in accordance with the Tree
Preservation Policy. However, the Consultant shall not
be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the work.
The Consultant shall keep the City informed of the
49
progress and quality of the work and shall endeavor to
guard the City against defects and deficiencies in the
work of the builder or developer.
2. The Consultant shall not have control or charge of and
shall not be responsible for construction means, methods,
techniques, sequences, procedures or welfare of the
trees; or for safety precautions and programs in connec-
tion with the work; for acts or omissions of the de-
veloper or builder or any persons performing any of the
work; or responsible for failure of any of them to carry
out the work in accordance with the Tree Preservation
Policy.
3. The Consultant shall, at a minimum, hold a bachelor's
degree from an accredited four year college or university
in Landscape Architecture, and be a registered Landscape
Architect with experience in site planning and tree
preservation.
4. The City of Allen may terminate the agreement with the
Consultant upon ten (10) days written notice should the
Consultant fail to perform in accordance with its terms.
5. It shall be the responsibility of the builder or dev-
eloper to pay for the services of the Consultant relative
to administration of the Policy.
6. The city's involvement for enforcement of the Tree
Preservation Policy shall cease upon issue of occupancy
for structures in Tracts 6, 7, and 9.
7. The city shall not be responsible or liable for the
welfare of any protected trees; or for any acts or
omission of any persons performing any work related to
the protected trees; or for the failure of any of them to
carry out the work in accordance with the Tree Preserva-
tion Policy.
Ut al Development does hereby release relieve, quit claim
and hold harmless, fully indemnify the City of Allen
from any and all claims damages, injuries, lawsuits,
judgments or courses of action of any type arising out of
this agreement or any action taken pursuant there to by
and from third parties.
27
5. TECHNICAL CRITERIA
Trees depend upon their root system for survival. Because construction
activity within the dripline of a tree can cause life-threatening
damage, all construction, when possible, should avoid the trees root
zone. Almost all trees are worthy of saving if possible, therefore, site
plans should preserve the maximum number of trees in accordance with the
following technical criteria:
A. Protective Measure During Construction
1. When no development is planned within the dripline of the
tree,
a. The applicant shall agree that no construction or
construction related activities shall occur within the
dripline of the tree, including but not limited to,
storage of materials, grade changes, attachment of guy
wires to or around tree trunks or limbs.
b. The applicant shall agree to enclose the entire drip-
line/canopy area with a simple fence.
2. If it is not possible, because of planned temporary or
permanent development activities to enclose the entire
dripline/canopy area, no less than 25 square feet or 50% of
the canopy area should be enclosed, whichever is greatest,
with the tree in the middle. All exposed roots should be
inside the fence.
3. Low hanging branches that may be injured by vehicles or higher
branches that interfere with building construction should be
pruned carefully. Such pruning should follow accepted methods
with all finished cuts made flush with the parent limb or
trunk.
4. In all cases where a fence is to be used around a protected
tree, the fence should be installed prior to commencement of
any development on the site and should remain in place
throughout the construction period.
B. Reducing Damage From Construction
1. Cutting and Filling within the dripline of the tree
In cases where the grade within the dripline of the tree must
be changed. Plans for constructing a retaining wall around
the tree and planning for adequate drainage/aeration prior to
placing fill around the tree will be required, reviewed and
approved by the Parks Director.
2. Repairing Damaged Roots, Trunks, Limbs, Branches
In cases where the Parks Director has approved construction
within the dripline that is expected to cause damage of roots,
exposed roots, if cut or broken, will be pruned back to
healthy tissue, treated, and covered to prevent drying. Any
direct exposure must be for as limited a time as possible.
If, despite precautions, the bark is severely bruised or is
knocked or stripped off a tree trunk or large branch, the
resulting wounds should receive prompt treatment.
Accidentally broken limbs should be properly pruned and
treated.
3. Compensatory Pruning
If a tree's root system has been damaged or restricted, such
as from impervious cover, a corresponding number of branches
should be removed to compensate for the loss. The tree crown
must be reduced by removing lateral branches and thinning
rather than by topping.
4. Tree Nutrition during Construction
Where a tree is under stress due to construction activities,
the application of food, fertilizer, water and organic
materials may be required.
5. Sedimentation
Because erosion and sedimentation around trees can be damaging
to the tree, erosion control measures around protected trees
may be required.
6. Trenching Utilities
Because trenching within the dripline of the tree can damage
feeder roots, tunneling the utilities beneath the tree roots
may be required.
7. Tree Removal
In cases ,where the removal of a protected tree(s) has been
approved, the clearing operation must be performed in a manner
that minimizes damage to surrounding trees. Damage or
corrective pruning must be accomplished following accepted
methods as soon as clearing is completed.
29
Appendix Illustrations
30
� vrjf ��i�\ ►vNIBkLR I
pian
it►Mr�no+J
acme
FAPWI- 6 FPO 9y serwcAc% Wde
ADJOT PAM " 95 sive Taves r4 Rrd'D W NAT A*1, COLAINA69
NdDOW...A 00 NR own"
vZoo C��mrc- Ft,
J / lTCA(•P141-
. FCG-rG
fam
rE ClLl ,o C
.
Ipouvo,It
V pN 'T1✓CCW
WM: Kf&e Wr FVGQP-4E 70 RWL C
eA'"CbM 70 CMHJNE , 6 O.0d4 ho tzsr-
7W�5C.P. or EOZ Cr Tri G-nQ�, WthfL f-
N.T� �1JR�rx. VVM P cfiea7LG7 wgH 7HE 77-C-- rn-rrr5
nirrxx�
32
71R� in Fll..l.. ARnA - I�fTAIN01, WALL Zl"QIL
33
P
7b CoUFMGAT E F272- lQ(5n1' C.A9r--'-'
CVCLECnV5 Fjw4UNrrrG OF 7N67 77`Fc C'rwN
Cw� Ea mt9puWC-P. 7"a CV/Crr aL.L
o, -! GF 7NE 7rEp- cdI4l-L- fe /ti1PrlYDvlE-r,
LA7rt4L_ avHCHa;. OACIAI -
gj- ACO:" ,rYALL hWN C 7r Cly
IQUA(OVEo.
1 \
aruiNC7 wnmN -Mr- PP4RSV 6F
7paer2 QIAV- tvT Ex--EEfl 3 (1�
7HE rEHME7np, 7HE GUT oc, Act
r'fe>-.L7 7r-4tz- USIIr-:" CL.Fw raf-r -P QV , -
726 -IT a4d OV6z Aa • r-FM7' D ra77-.
cl ppm cHAi-L HOT EXCEEO
W17H R,&t fUlt4l. WHaQ& SZZFES
CLIaLL r -E � O Cf~ 51f�lc
\ qz Weno 77&r.
71eE�
in CUT AIS!-�
N. -T. G.
JiNinc.
34
ClYNE ce WTO 770 85-77-18l/ 6
W, iL
CZ,�W C-&&7 HU-
tieff U..cry &IAT e&MIzV17rf�
CMc,N—Pv7 GRW CR
aAY 07,1!&Y lice • 6-0 C. • Hr 4
WITH CAAveL
fi'/:3 TuD` ctm
MAX. j2"
%-rvpq- rtem
TREE in r11.1. AtReA -- Tr-j�- Wal -L. t57A IL
N. -r. G.
jjr�/rc.
35
IM: 7tTHCHING, WHEN a?,fE
WrTHIII THE 7Pael:� PTOUNI:57 rp
C67MA4EffX 70 774e tWT
9rl�TEW m d r AN U'YnSlISV-Q=-
G.GLLJTYcN l=oom I�GtJ7rKG
UN1�l''C�-I@a'.YYD UNC.
TO MINIMIZE 74E W-3aCr
(.y W A %PEB; IST �7EM
aVF MIN. 7UNNEU O J-lr W t9V* l5
--Op- MP-WMY&NOEV pal?, IMTEIGI
alglw 1FM6A71M bH5*,
'1UNIVELIW AreOUYYJ 'fM-f5
NT5 J/R/rc.
36
C,WIMENTA-nCN POMP Wf1HUY
?NE 024r ncm CIVY air OPP`
74C All% a4d WATEIR, CAMr
NX6GSAII�r fc;IR HEALTHY
7MES
eCVIfl�NTATlON
N.T G.
hLG 4WL N[7T G..Z-CEo AIqWNI)
?lam GO A5 TO COI/ 7HE PST'
9t57E;M &i. llY7re&4;� WnH 7HE
M4I196," a-- WA -[LR AWAY Pt's TV -5Z
P/��VfNTION
wr,/Irr.
37
NC -VCR Cur XAPeM • -THir
UP 70 A Or- CHBG
re TWHING NATUITAL. r-�HAt
6r 7MZe • Cb Wr LOWE c
Arra Wr WIRE 4- HOrE
AWVE MlRaF AkNgCH
GrAK-P, 7►e* U' rM elA
U*e METAL. W4�;,• 3 P&f
7M -e- DIZO FAPnfV aAO
bur "TrztG 9n CAL$ tAf�Ga
LGE :2',c 4" x ? "r-;rAkV MVS
66ioW CRAI C� GLS
'X -T 7GP Cr` t Wr CMYVN
N MNC eve rlgo" l
CIM aALL
2'MVL.CF! LQ`fi✓fe A5
4" GAUCE1e ARcxxYv F "1
MT
F Al W_7 MIX AG, C. 'P
yrarc 70 Iz W, Pclo w Fr
►N c.Nlvr-,-Turg3cp e0afvRA4
ire'
N.T. G. �UR�inc.
38
UTAL DEVELOPMENT, INC.
Utal
To: Allen Planning Commission Members
From: Stacey J. Utal
Re: Revised Zoning Plan
Enclosed for your review, please find a revised zoning plan and analysis for our
293 -acre planned development in Allen. This plan will be presented at the workshop
scheduled for this evening at 7:30 p.m. and is being sent to you in advance so
that you may be afforded the opportunity to review it prior to the workshop.
The following is a synopsis of the modifications that are included in the revised
zoning plan that addresses the concerns expressed by the Commission at the April
2, 1985 workshop:
(1) Community Park - Since the last workshop, Mark Thornton has reviewed his
acreage requirements for the community park (Tract 4-B) and has now determined
that 18.5 acres of the Utal Development site will fully satisfy the park program.
(2) Retail - We are pleased that we are able to present a revised plan that
relocates and reduces the "local retail" use from Alma, just north of Rowlett
Creek to McDermott Road (Tract 2). Please note the appropriateness of this
use in light of the zoning previously granted along the north side of McDermott
Road. The former retail site has been replaced by 7,500 square feet single
family lots (Tract 10-13).
(3) Multi -Family - To fully adhere to the old planning guidelines and 'to the
Commission's request, the multi -family site south of the creek (Tract 5-A) has
been reduced to 200 units. To offset this reduction, the adjacent retail site
(Tract 3) now contains 20.28 acres. Due to the existence of the community park,
a multi -family (Tract 5-B) site has been added north of the park.
(4) Office - The office site on Alma, dust north of Rowlett Creek, has been
relocated to just south of McDermott Road and reduced in size (Tract 1). Please
note the compatability of this use in relation to the adjacent retail (Tract
2) and multi -family (Tract 5-B) uses contained in the revised plan. The former
location of the office site has been replaced by 10,500 square foot single-family
lots (Tract 8).
(5) Medium Density - The medium density site (Tract 6-B) north of Rowlett Creek
has been enlarged as an offset due to the existence and adjacency of the
community park (Tract 4-B).
18333 Preston Road
Suite 410 Lock Box 10
Dallas, Texas 75252
(214) 248-23(x)
rased Zoning Plan
.,Mage 2
(6) R-2 Lots - To comply with the Commission's request for dedication of an
adjacent 10 -acre wooded area, the revised plan reduces the size of Tract 7,
while maintaining the number of lots. You will recall that, in accordance with
the original plan, more than.50% of these lots are larger than 14,000 square
feet.
I trust that this information will prove helpful in your consideration of our
revised plan this evening. We have accommodated the 18.5 acre community park while
minimizing its effect on the submitted zoning plan. With the exception of the
modifications outlined above, the submitted plan remains intact.
Your review of these documents is appreciated and I look forward to seeing and
meeting with you this evening.
AFFIDAVIT AND PROOF OF PUBLICATION
0,
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles&*0*11if
BEFORE ME, the undersigned authority, on this day personally appeared 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
• t i c e • f ' t f • 1 i c_W-ea• - IJ t - v - •■u-■
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
4/1/85
and which was issued on 4/l/85 , by City of Allen
of Collin County, Texas. A printed copy of said publication is at4ched hereto
� ?z 6 4a�,L
SUBSCRIBED AND SWORN to before me this day of , A.D. 19 V5.
Notary Publi and for Collin County, Texas
Publisher's Fee $ 14.40
.
CITY OF ALLEN
•� NOTICE OF
PUBLIC HEARING
Ndtice Is hereby;given
thV"rhb Allen City CoUn•,
cil will conduct a pGblic
hearingildt their regular;
meeting to`be held -on
Thursday,. April X18;_ 1985,
at 7:30 p.m.; in the.Coun-`
cil Chambers of tfie'Allen
Municipal Annex, . One
:Butter 'Circle, !Allen,
Texas, to consider a re-
quest to establish per-
manent zoning. onY 293
acres of;land'as requestd
by a-Utal• Development,
Inc, r - r.•� F. z . .
TKe!! req ue-st: is 'to'
change;from the present
zoning;designation of-.
Agricultural Open.(AO) to-_
FP-t?D,r(Flood,; Plaln . —,
Planned ,Devefopr Lent).
The_298 acres of�land is
out- of ;the J - es H.
Wilcox Survey,tAbstract
No. 1011, Collin County, -
(Texas,. and,, is located
north- .of',,Hedgecoxe
Road; south of,..F.M.
211
7.0, west.of Al m4 -Road
and adjacent to'.8owlett
Creek. it:
.Anyone -;wishing, fo
speak ,either FOR; of
AGAINST,tfiis zoning re-.
quest is ihvited to attend
thispublic hearing and
voice their.opinlon.
If, further -information
is needed,. -call the Allen
Municipal Annex, l One
Butler Circle, Allen,
Texas,- Department. ,of
Community ,Develop-
ment at 727-9171 or
424-7518 (metro). _
-y' Marty Hendrix
City Secretary
(Published' in tCtie All J
American ibn..Monday, • I
April 1, 1985.)
c0v3—L4—q5
AFFIDAVIT AND PROOF OF PUBLICATION
E STATE OF TEXAS
UNTY OF COLLIN
Charles F. Bernard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared , who having
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 -1
tinuously for more than twelve months prior to publishing
Notice of Public Hearing - Utal Development
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
February 18, 1985
and which was issued on 2/18/85 , by
of Collin County, Texas. A printed copy of said publication is
SUBSCRIBED AND SWORN to before me this day of
Publisher's Fee $ O
City of Allen
Notary Public
, A.D. 19 U
A for Collin County, Texas
change from the present Published -in - the Allen
zoning —designation ofz -American on Monday,
Agricultural Open (AO) to,Februaryil8, 1985.)
FP -PD (Flood Plain 1�
Planned Develbpnient). —'
The 293 acres'ofland is
out of the"James H.
Wilcox Survey,- Abstract
No. 1017, Collin County,
�
Texas, and is located
ALLEN
north of=(Hedbecoxe
CITY'OF
NOTICE'OF
PUBLIC HEARING.
Road, south F of a F.M.
2170, west of Alma Road,
Nbtice is hereby given
and adjacent to Rowlett
that the Allen City Coun-
Creek! f ' ', 1,
cil will conduct a public
Aiiyonej wishing to
hearing at'their regular
speak_ either FOR. or
meeting to be held 'on
AGAINST, this zoning re -
Thursday, March 7, 1985,
quest is invited to attend
at 7:30 p.m., in the Coun.-
this, public hearing.and
cil Chambers of the -Allen
voice their opinion. " -
Municipal 'Annex, - One
If furtherrinformation
Butler Circle, Allen,
is needed,Fcall the' Allen
,Texas;.to-consider a re-
Municipal' "F
quest 'to estab'lish per.
Department of Com-
manent zoning on .293
Fmunity' Development, at
acres -ofۥland- as I re-
721-9171 or 4247518
quested by Utal Develop-
(metro)' ' ` ` -
ment, Inc.,+ %, , �,
Marty Hendrix
The request 'is to
City Secretary