O-2338-9-04ORDINANCE NO. 2338-9-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY
AMENDING ARTICLE VII ZONING DEVELOPMENT STANDARDS SECTION
7.05; AND ARTICLE VIII SUBDIVISION REGULATIONS SECTION 8.12
LANDSCAPE IRRIGATION SYSTEMS TO ENSURE CONSISTENCY IN
REQUIREMENTS BETWEEN THE WATER CONSERVATION ORDINANCE AND
THE ALLEN LAND DEVELOPMENT CODE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING 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 City 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, have given requisite
notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
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 this Allen Land Development
Code should be amended.
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 is hereby amended in part by amending sections as set
forth below. New material in the text of the amended provisions of the Allen Land Development Code is set
forth in underline type; material deleted from the text of the amended provisions of the Allen Land
Development Code is set forth in strike-thru type.
"ARTICLE VII. ZONING DEVELOPMENT STANDARDS.
Section 7.05.2.5.a.x. All landscaped areas shall have fully automated underground irrigation systems.
Irrigation system clans and their approval shall be accomplished in accordance with Section 7.05.5. of the
Allen Land Development Code and be consistent with the City of Allen Nater Conservation Ordinance.
Section 7.05.5.1. The applicant shall submit landscape and irrigation plans with all applications for
nonresidential, multi -family, and retirement housing permits; and irrigation plans for residential housing to
the Office of the Chief Building Official.
Section 7.05.5.2. The applicant shall submit landscape/irrigation plans for areas which include public right-
of-ways, parks, and greenbelts to the Department of Parks and Recreation. The City shall provide the
applicant with a landscapelirrigation review checklist and shall evaluate the appropriateness of the landscape
and irrigation plan and may approve them, or approve them subject to stipulations. Irrigation plans must be in
accordance with all State of Texas desian and installation rec uirements to minimize water waste and Dromote
water conservation. All new irrigation systems must include an automatic control that prevents the operation
include the rainfall and Ir
systems do not operate
Conservation Ordinance."
I
"ARTILE VIII. SUBDMSION REGULATIONS.
Section 8.12. A fully automated irrigation or sprinkler system of a type and design approved by the City shall
be provided within all completed street medians or other landscaped areas. Connections under the street and
between median cuts shall be provided to all unfinished medians for future development of the irrigation
system. Irrigation system plans and their approval shall be accomplished in accordance with Section 7.05 .5
of the Allen Land Development Code and be consistent with the Citv of Allen Water Conservation
Ordinance."
SECTION 2. 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 3. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code, 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 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 the 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2e DAY OF SEPTEMBER 2004.
APPROVED AS TO FORM:
Peter G. Smith, CM ATTORNEY
APPROVED:
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Stephen Terrell, MAYOR
ATTEST:
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Shelley B. George, 10MC, CITY SEMETARY
Ordinance No. 2338-9-04 Page 2