O-3273-1-15 ORDINANCE NO. 3273-01-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
CHANGING THE ZONING OF CITY-OWNED PROPERTY COMMONLY KNOWN
AS ALLEN HISTORIC DAM, BOLIN PARK, CUSTER-RIDGEVIEW PARK,
MOLSEN FARMS, ROWLETT CREEK PARK; AND WATTERS BRANCH PARK,
MORE PARTICULARLY DESCRIBED IN SECTION ONE, HEREOF, FROM
PLANNED DEVELOPMENT NO. 58 FOR SHOPPING CENTER "SC" USE,
PLANNED DEVELOPMENT NO 54 FOR GARDEN OFFICE "GO" USE,PLANNED
DEVELOPMENT NO 63 FOR COMMERCIAL CORRIDOR "CC" USE, AND
PLANNED DEVELOPMENT NO. 63 FOR MULTI-FAMILY "MF" USE, LIGHT
INDUSTRIAL "LI" AND GARDEN OFFICE "GO", AGRICULTURAL AND OPEN
SPACE "AO",PLANNED DEVELOPMENT NO. 98 FOR RESIDENTIAL "R-4" USE,
AND PLANNED DEVELOPMENT NO. 109 FOR RESIDENTIAL "R-5" USE,
AGRICULTURAL AND OPEN SPACE "AO" AND PLANNED DEVELOPMENT NO
72 FOR RESIDENTIAL "R-5" USE, RESPECTIVELY, TO COMMUNITY
FACILITY "CF" FOR PUBLIC PARK USE; PROVIDING FOR A CONFLICTS
RESOLUTION CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH
OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the
requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing
to all the property owners generally and to all persons interested and situated in the affected area, and in the
vicinity thereof, and in the exercise of its legislative discretion, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
amended,should be further amended as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen,
Texas, as amended by changing the zoning of the following City-owned land from its present zoning to
Community Facility"CF"for Public Park use:
A. Allen Historic Dam, generally located east of U.S. 75 and north of Exchange Parkway, consisting of
Lot 2, Block A, Cornerstone/Allen Addition; Lot 1, Block E, Allen Station Park; and a 4.241 ac tract
described in deed recorded as Instrument No 20061227001815650, Real Property Records, Collin
County, Texas ("RPRCCT"), which is presently zoned Planned Development No. 58 for Shopping
Center"SC" use;
B. Bolin Park, generally located west of Twin Creeks Boulevard and north of McDermott Road and
consisting of the Flood Plain Lot, Tract A and Lot 4, Tract A, Twin Creeks Parks and Amenities Area
addition; which is presently zoned Planned Development No 54 for Garden Office"GO"use;
C. Custer Ridgeview Park, generally located east of Custer Road and north of Ridgeview Drive, and
consisting of Lot 2, West Rowlett Creek Addition; Lot 4. Block D, Creekside at Ridgeview Addition
111 Phase 1; a 1.998 ac tract described in deed recorded as Instrument No 20120224000215710
RPRCCT; and a 7.179 ac tract described in deed recorded as Instrument No 20120228000228500
RPRCCT, which is presently zoned Planned Development No 63 for Commercial Corridor"CC" use,
and Planned Development No. 63 for Multi-Family"MF"use;
D. Molsen Farms, generally located south of Ridgemont Drive between U.S. 75 North and Greenville
Avenue, consisting of Lot 3, Block A, Ridgemont/75 Addition and a 52.1574 ac tract of land
described in deed recorded as Instrument No 20060220000220870 RPRCCT, which is presently
zoned Light Industrial "LI" and Garden Office"GO";
E. Rowlett Creek Park, generally located north of W. Exchange Parkway and west of the Cumberland
Crossing subdivision, consisting of Lot 65, Block F, Cumberland Crossing Phase 1; Lot 17, Block I,
Cumberland Crossing Phase 1A; Lot 21, Block J, Cumberland Crossing Phase 5, and a 42.333 ac tract
described in the Lease Agreement recorded in Volume 4950, Page 4421 RPRCCT, which is presently
zoned Agricultural and Open Space "AO" , Planned Development No. 98 for Residential "R-4" use,
and Planned Development No. 109 for Residential "R-5"use; and
F. Watters Branch, generally located west of Bray Central Drive and Arches Park Drive and south of
the future extension of Ridgeview Drive, consisting of Lots 1 & 2, Block L, Waterford Crossing
Phase 1; Lots 3A & 3B, Waterford Crossing Phase II; Lots 4A & 4B, Block L, Waterford Crossing
Phase III; Lot 1X, Block J, Waterford Parks Phase 3; Lot 2X, Block J, Waterford Parks Phase 4; a
24.25 acre tract described as Tract I in the deed recorded as Instrument No 20110915000981230
RPRCCT; a 50.3776 acres described in deed recorded in Volume 4502, Page 980 RPRCCT; and a
0.1758 acre tract described in deed recorded as Instrument No 20111031001168590 RPRCCT, which
is presently zoned Agricultural and Open Space "AO" and Planned Development No 72 for
Residential "R-5"use.
SECTION 2. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of
the Property,the provisions of this Ordinance shall be controlling.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or
unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the
Allen Land Development Code, as amended hereby, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 5. 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 Allen Land Development Code Zoning Regulations as
previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars($2,000)for each offense.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen,and it is accordingly so ordained.
Ordinance No. 3273-01-15,Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 13TH DAY OF JANUARY 2015.
APPROVED:
Stephen Terrell,MAYOR
APPROVED AS TO FORM: — ATTEST:
(
Peter G.Smith, IT ATTORNEY Shelley B.Geor TY SECRE Y
(kbl 1/5/15:69614)
Ordinance No. 3273-01-15,Page 3