O-1166-4-93ORDINANCE NO. 1166-4-93
AN ORDINANCE OF THE CITY OF ALLEN, COILIN COUNTY, TEXAS,
AMENDING ORDINANCE NO. 625-8-85 AND COMPREHENSIVE ZONING
ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, SO AS TO
CHANGE THE ZONING ON A PORTION OF FLOOD -PLAIN PLANNED
DEVELOPMENT NO. 33 (FP -PD NO. 33) ON THE FOLLOWING -DESCRIBED
TRACT OF LAND: 60.4951 ACRES OF LAND OUT OF THE J. M. DAVIS
SURVEY, ABSTRACT NO. 255, AND THE J. A. TAYLOR SURVEY,
ABSTRACT NO. 908, CITY OF ALLEN, COLLIN COUNTY, TEXAS;
PROVIDING FOR A LAND USE PLAN AND DEVELOPMENT STANDARDS;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; 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 Ordinance No. 625-8-85 (Flood -Plain Planned Development No. 33) and
F_
Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, 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. 829-11-87 of the City of Allen, Texas, as
previously amended, and Ordinance No. 625-8-85 be and the same are hereby amended by amending
the Zoning Map of the City of Allen on a 60.4951 acre tract of land, described in Exhibit "G" attached
hereto and made a part hereof for all purposes, by changing the zoning classification on a portion of
Flood -Plain Planned Development No. 33 (FP -PD No. 33).
SECTION 2: That the land use plan and development standards for Phases I and II, attached hereto
as Exhibits "G" and "H" and made a part hereof for all purposes, shall be adhered to in their entirety.
SECTION 1 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shall be, and the same are hereby, repealed; provided, however, that all other provisions of said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 4: That the property described in Exhibit "G" attached hereto shall be used in the manner
and for the purposes provided,for as approved herein.
SECTION 5: That any person, firm, or corporation violating any of the provisions or terms of this
ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No.
829-11-87 of the City of Allen, as 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.
SECTION 6: 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 declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 7: 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 15th DAY OF APRIL ,1993.
APPROVED:
Me Farmer, MAYOR
ATTEST-
Mooson, CITY SECRETARY
Ordinance No. 1166-4-793 Page 2
Ordinance No. 1166-4-93
EHhibit "H"
SHADOW LAKES NORTH
PROPOSED LAND USE DATA PLANNED DEVELOPMENT NO. 33
SHADOW LAKES RESIDENTIAL PROPOSED ZONING:
No. of Units
Den '
Tract Acres Zoning
Bldg. S.F.
S.F.
A 13.6 Shopping Center
133,206
.22
B 4.2 Office
31,206
.2
C 23.5 Single Family -1
94
4.0
Low Density
D 14.1 Single Family -2
60
5.0
Mid Density
E 5.1 Flood Plain
N.A.
N.A.
TOTAL ACRES 60.5
TOTAL BLDG. S.F.
164,412
TOTAL NO. OF UNITS
154
I. SINGLE FAMILY - 1 LOW / DENSITY RESIDENTIAL DESIGN STANDARDS
FOR TRACT C
1. PURPOSE
This district is intended for low density residential uses. Planning
techniques will involve traditional single
family detached,
residential designs with a minimum lot size of 7,000 S.F. This
district will allow a maximum of 94 units.
2. FRONT YARDS
Minimum front yard building line 25' (Twenty
Five Feet)
ordinance No. 1166-4-93
Exhibit "H"
3. REAR YARDS
There shall be a rear yard having a depth being not less than
fifteen (15) feet, with a minimum of Twenty (20) Feet for.garage
setbacks.
4. SIDE YARDS
A side yard provided for ten percent (10%) of the lot width. A
side yard adjacent to a side street shall not be less than fifteen
(15') feet, even when a side yard is across from a front yard, the
side yard shall be fifteen (15') feet.
5. LOT WIDTH
There shall be a minimum lot width of (60') Sixty Feet measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of (105') One Hundred Five Feet and (95')
Ninety Five Feet at Cul -de -Sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily
incidental to the use. Churches and church related uses as
permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed thirty five (35') feet or two and one-half
(2-1/2) stories in height.
9. MAM51UM NUMBER OF DWELLING UNITS: 94
10. DWELLING SIZES
Minimum dwelling size shall be 20% (1,800) SF, 20% (1,600) SF and 60%
(1,400) SF exclusive of garages.
Ordinance No. 1166-4-93
Exhibit "H"
11. 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.
12. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum
of 75 % brick, tiles, cement, concrete, stone or similar materials.
All housing backing to Allen Heights Road, F.M. 2170 and South
Fountain Gate Drive will require the back of the unit to be 100%
brick.
II. SINGLE FAMILY - 2 / MID DENSITY RESIDENTIAL DESIGN STANDARDS
FOR TRACT D
1. PURPOSE
This district is intended for low density residential uses. Planning
techniques will involve traditional single family detached,
residential designs with a minimum lot size of 5,000 S.F. This
district will allow a maximum of 60 units.
2. FRONT YARDS
Minimum front yard building line 20' (Twenty Feet).
3. REAR YARDS
There shall be a rear yard having a depth being not less than
fifteen (15) feet, with a minimum of Twenty (20) Feet for garage
setbacks.
4. SIDE YARDS
A side yard provided whereas a separation of Ten (10') Feet is
always maintained between structures. A side yard adjacent to a
side street shall not be less than Fifteen (15') feet, even when a
side yard is across from a front yard, the side yard shall be Fifteen
(15') feet.
Ordinance No. 1166-4-93
Exhibit "H"
5. MINIMUM LOT WIDTH
There shall be a minimum lot width of (50') Fifty Feet measured at the front
building line.
6. MINIMUM LOT DEPTH
There shall be a minimum lot depth of (100') One Hundred Feet and (90') Ninety
Feet at Cul -de -Sac.
7. USE REGULATIONS
Single family detached units and accessory uses customarily
incidental to the use. Churches and church related uses as
permitted by specific use permit.
8. HEIGHT REGULATIONS
No building shall exceed thirty five (35') feet or two and one-half
(2-1/2) stories in height.
9. NUMBER OF DWELLING UNITS: 60
10. MINIMUM DWELLING SIZES
Minimum dwelling size shall be Twelve Hundred (1200) S.F.
exclusive of garages.
11. LOT COVERAGE
In no case shall more than Fifty (50) percent of the total lot area
be covered by the combined area of the main buildings and
accessory buildings.
12. BUILDING REGULATIONS
All main buildings shall have exterior construction of a minimum
of 75 % brick, tiles, cement, concrete, stone or similar materials.
All housing backing to Allen Heights Road, F.M. 2170 and South
Fountain Gate Drive will require the back of the unit to be 100%
brick.
Ordinance No. 1166-4-93
Exhibit "H"
M. DEVELOPMENT STANDARDS
1. At the time of preliminary platting, parks and open space dedication will be
analyzed by the parks director of the City of Allen and final dedication,
improvement requirements will be determined upon final site inspection and parks
department review.
2. At the time of final platting R.O.W. dedication of F.M. 2170 will be required.
3. All lots backing to the floodplain and Allen Heights will not require alley service
and will provide for side entry or wrap around rear entry garages.
4. Screening along Allen Heights, F.M. 2170 and South Fountain Gate Drive will
consist of linear landscape and will be maintained by the property owners. The
City of Allen screening requirements will be adhered to within the city R.O.W.
5. The developer will responsible for construction of two lanes (25') of Allen
Heights Road and South Fountain Gate Drive. The developer will be required to
enter into a facilities agreement for F.M. 2170 at the time of final platting of the
property.
ALLEN
-Y,6
{ TRACT A
E)a=G SHOPPING CENTER
1300 ACM GAM
FLOOD PLAIN
5.10 ICVM GRM
TRACT D
PROPOSED SINGLE FAMILY -2
AGD-DENSITY RESIDENTIAL
14.10 ACM GMM
uu L
TRACT C
PROPOSED SINGLE FAMILY -1
LO W DENSITY RESIDENTIAL
=50 ACIM GAiM
I
PROPOSED TRACT MAP
i
SHADOW LAKES NORTH
- ALL EN. TEXAS
l
XCALaltt P%Xll/ - DAM 3003 - dM ACM
OWNER
DOUGLAS PROPERTIES
— 2711` LS.J. Frwy. -� Suits 530 - Dalkm Texas 75243
I1 — ENGINEER
Shadow Lakes TIPTON ENGINEERING. INC.
Phase B
5330 Soft Line Rd - Suits C - Garland, Taxa 75043
ordinance No. 1166-4-93
Enhibit "G"
EMSTUrG
PA77O HOPS
- - SOUTH FOUNTAIN GATE DRIVE
F---] (-1 n n 1-7 I1 7-17-1 F--1 F-�l
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
60.4951 Acre t
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday, march 24, 1993
and which was issued on March 21, 1993
,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this /7
V. A. TODD
My COMMISSION EXPIRES
December 5, 1998
Publisher's fee $19.13
day of A.D. 19 t 3
PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, April 15, 1993, at 7:30 p.m. in the
Council Chambers of the Allen Municipal
Annex, One Butler Circle, Allen, Texas, to
consider a request to amend Planned De-
velopment No. 33 by eliminating 10.4
acres of multi -family and 12.255 acres of
shopping center and office aqd adding
14.10 acres of patio homes and 23.5 acres
of single family.
This request is on property known as a
60.4951 -acre tract of land situated in the
John Davis Survey, Abstract No. 25 and
the J. A. Taylor Survey, Abstract No. 908,
and further being all of a 2.035 -acre tr ct of
land conveyed to Carnes Develop ent
Company, all of a 56.90 -acre tract o land
conveyed to Carnes Development om-
pany, and all of Block A, Greenwo d Val-
ley, Installment 1, further describe6 as be-
ing located south of FM 2170,end,,6ast of
South Fountain Gate Driver
Anyone wishing to speak e� FOR or
AGAINST -this rest is invited to attend
this public hearirfg and voice thpif opinion.
For furthe ' ation; contaefthe Depart-
mdnt of Cnify Devd opment, City of
Allen, One Butler Circle, Allen, Texas, orby
telephoning 727-0120.. . Y :.s
/s/ Judy Morrison
City Secretary
S
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper publishe
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulati
said county, and having been published regularly and continously for more than twelve
months prior to publishing
Ordinance #1166-4-93 _
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday, April 21, 993 & Sunday, April 25, 1993
and which was issued on April 21, 1993 ,
by C i t y of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this //
V. A. TODD
MY COWASSHNI EXPIRES
December 5. IM
Publisher's fee $45.00
day of ,A.D
BLIC in and for COLLIN COUNTY, TEXAS
19 fl
"""""" CITY'OF AL'L'EN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the foHowing ordinance at
their regular meeting held on Thursday,
April 15, 1993 -(Title and Penalty Clause
only) -
Ordinance No. 1166-4-93: An Oronance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi
nance No. 625-8-85 and Comprehensive -
Zoning Ordinance No. 829-11-87, as Pre -i
viously Amended, so as to Change the
Zoning on a Portion of Flood -Plain Planned
Development No. 33 (FP -PD No. 33) on
the Following -Described Tract of Land;
60.4951 Acres of Land out of the J. M.
Davis Survey, Abstract No. 255, and the J.
A. Taylor Survey, Abstract No. 9d8, City of
Allen, Collin County, Texas; Providing for a
Land Use Plan and Development Stan
dards; Providing for a Penalty of Fine not to
Exceed the Sum of Two Thousand Dollars
($2,000.00) for Each Offense; Providing
for a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance 'No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, -One Butler Circle, Allen,
Texas 75002.
s/ Judy Morrison
City, Secretary,
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
April 15, 1993 (Title and Penalty Clause
only):
Ordinance No. 1166-4-93: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 625-8-85 and Comprehensive
Zoning Ordinance No. 829-11-87, as Pre-
viously Amended, so as to Change the
Zoning on a Portion of Flood -Plain Planned
Development No. 33 (FP -PD No. 33) on
the Following -Described Tract of Land;
60.4951 Acres of Land out of the J. M.
Davis Survey, Abstract No. 255, and the J.
A. Taylor Survey, Abstract No. 908, City of
Allen, Collin County, Texas; Providing for a
Land Use Plan and Development Stan-
dards; Providing for a Penalty of Fine not to
Exceed the Sum of Two Thousand Dollars
($2,000.00) for Each Offense; Providing
for a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One BUtlei Circle, Allen,
`j Texas 75002.
/s/ Judy Morrison