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Home My WebLink AboutO-1625-8-98ORDINANCE NO. 1625-8-98 AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, AND AMENDING ORDINANCE NO. 1409-3-96 (PLANNED DEVELOPMENT NO. 58) BY INCLUDING THE ATTACHMENT OF EXHIBIT "D; LAND USE PLAN, EXHBIT "E," LEGAL DESCRIPTION, EXHIBIT 'F," CONCEPT PIAN FOR TRACT 3B, EXHIBIT "G," CONCEPT PLAN FOR TRACT 4, AND EXHIBIT "H," AREA AND USE REGULATIONS, ON THE FOLLOWING -DESCRIBED TRACTS OF LAND: TRACT 2A-55.4 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND THE L K PEGUES SURVEY, ABSTRACT 702; TRACT 213-0.7 ACRES IN THE L K PEGUES SURVEY, ABSTRACT NO. 702, TRACT 2C-4.2 ACRES IN THE L K PEGUES SURVEY, ABSTRACT NO. 702, TRACT 3A-355- ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, TRACT 311-21.6 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026; TRAGI' 4-20.8 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026; AND TRACT 5-14 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALIEN, COLIIN COUNTY, TEXAS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSF, 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 Haas of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be changed, and Ordinance No. 1409-3-96 (Planned Development No. 58) should be revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT - SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, and Ordinance No. 1409-3-96, Planned Development No. 58, be and the same are hereby amended to include the attachment of Fxhibit "D" Land Use Plan, Exhibit "E" Legal Description, Exhibit "F" Concept Plan for Tract 3B, Exhibit "G" Concept Plan for Tract 4, and Exhibit "H" Area and Use Regulations on the following -described tract of land: Tract 2A--55.4 acres in the Henry Wetsel Survey, Abstract No. 1026, and L K Pegues Survey, Abstract No. 702; Tract 2B--0.7 acres in the L K Pegues Survey, Abstract No. 702; Tract 2C-4.2 acres in the L K Pegues Survey, Abstract No. 702; Tract 3A--35.5 acres in the Henry Wetsel Survey, Abstract No. 1026; Tract 313--21.6 acres in the Henry Wetsel Survey, Abstract No. 1026; Tract 4--20.8 acres in the Henry Wetsel Survey, Abstract No. 1026; and, Tract 5--14 acres in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas. SECTION Z The approved land Use Plan, Exhibit "D," and Legal Description, Exhibit "E," are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The concept plans for Tracts 3B and Tract 4, attached hereto as Exhibits "F" and "G," respectively, are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION C The amended area and use regulations, attached hereto as Exhibit "G," is made a part hereof for all purposes and shall be adhered to in their entirety. ' SECTION 5: 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 6: Any person, firm, or coration violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION7: 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 8: 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 COUNCILOF THE C1rY OF ALIEN, TEXAS, ON THE 2OTH DAY OF AUQ15T 1998. APPROVED: Al-rM-. TML. 1 1, ��/ - ^. Ordinance No.1625-8-98 Page 2 I I I I I ]bR = IL 2dG§ — I. 0 -jZX -_mYro o__mc NO. 1625-8-98 .. |m�•- -_mYro o__mc NO. 1625-8-98 ' TRACT 2A Being a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026 and the L.K. Pegues Survey, Abstract No. 702, Collin County, Texas and being more particularly described as follows: COMMENCING at the intersection of the northerly right-of-way line of Exchange Parkway and Tributary No. 2G5; THENCE along the northerly right-of-way line of Exchange Parkway along a non - tangent curve to the left through a central angle of 00°54'51" and an arc length of 31.86 feet to the point of tangency; THENCE South 66°31'46" West a distance of 80.09 feet to the beginning of a non - tangent curve to the left having a radius of 1972.36 feet and having a chord bearing of South 75°5634' West and a chord length of 526.69 feet; THENCE along said curve 528.27 feet to the point of tangency; THENCE South 6801611"Vest a distance of 290.00 feet to the POINT OF BEGINNING, said point being at the intersection of the northerly right-of-way line of Exchange Parkway and the centerline of a north/south road; THENCE South 68°1611"West a distance of 276.71 feet to the beginning of a curve to the right having a radius of 2083.48 feet and having a chord bearing of 74049'23" Wed and a chord length of 475.56 feet; THENCE along said curve to the right through a central angle of 13006'23" ad an arc length of 476.60 feet to the point of tangency; THENCE North 79°4739" Nest a distance of 117.97 feet to the beginning of a non - tangent curve to the right having a radius of 2048.48 feet and having a chord bearing of South 86°4007' West and a chord length of 154.98 feet; THENCE along said non -tangent curve to the right through a central angle of 04°20'09" and an arc length 40.00 feet to a point, said point being the approximate eastern limits of the Cottonwood Creek 100 year flood plain; THENCE along the approximate eastern limits of the Cottonwood Creek 100 year flood plain to its intersection with the eastern right-of-way line of the Southern Pacific Railroad; ' THENCE North 1102000" East a distance of 950.00 feet to the beginning of a curve to the right having a radius of 6812.41 feet and having a chord bearing of North 13006'28" East and a chord length of 421.89 feet; EXHIBIT E ORDINANCE NO. 1625-8-98 ' THENCE along said curve to the right through a central angle of 03°32'56" and an arc length of 421.96 feet to a point for corner; THENCE South 89°1336"East a distance of 1275.00 feet to a point for corner, said point being the centerline of a proposed north/south road; l� THENCE southwesterly/south/southeasterly along the centerline of the north/south road for a distance of 2560 feet to the POINT OF BEGINNING Containing 55.4 acres more or less. EXHIBIT E, CONTINUED ORDINANCE NO. 1625-8-98 ' TRACT 2B Being a tract of land situated in the L.K. Pegues Survey, Abstract No. 702, Collin County, Texas and being more particularly described as follows: BEGINNING at a point for the intersection of the northerly right-of-way line of Exchange Parkway with the easterly right-of-way line of the Southern Pack Railroad; THENCE along the easterly right-of-way line of said Southern Pacific Railroad North 11 °200f' East a distance of 190.92 feet to a point for corner; THENCE departing the easterly right-of-way South 57027'28" Fit a distance of 75.38 feet to a point for corner; THENCE South 63°03'47" East a distance of 113.73 feet to a point for comer; THENCE South 20°31'13"East a distance of 50.90 feet to a point for corner; THENCE South 07°41'58" West a distance of 70.10 feet to a point for comer in the northerly right-of-way line of Exchange Parkway, said point being the beginning of a non -tangent curve to the right having a radius of 2048.48 feet, chord bearing of North ' 84°0242' West and a chord length of 212.10 feet; THENCE along the northerly right-of-way line of Exchange Parkway and along said non -tangent curve to the right through a central angle of 05056'08" br an arc length of 212.19 feet to the POINT OF BEGINNING; Containing 0.70 acres more or less EXMRIT E, CONTINUED ORDINANCE NO. 1625-8-98 TRACT 2C Being a tract of land situated in the L.K. Pegues Survey, Abstract No. 702, Collin County, Texas and being more particularly described as follows: BEGINNING at the intersection of the northerly right-of-way line of Exchange Parkway and the centerline of Cottonwood Creek; THENCE along the meanders of the centerline of Cottonwood Creek as follows: North 37°5546' East a distance of 123.05 feet to a point; North 23°53'50' West a distance of 298.15 feet to a point; North 12°0000' East a distance of 85.00 feet to a point; North 16°51'58' West a distance of 123.19 feet to a point; North 47°0000' West a distance of 220.00 feet to a point in the easterly right-of- way line of the Southern Pacific Railroad; THENCE North 11°2000"along the easterly right-of-way line 486.09 feet to a point for corner, said point being the intersection of the easterly right-of-way line and the easterly limits of the Cottonwood Creek 100 year flood plain; THENCE southeasterly with the easterly limits of the Cottonwood Creek 100 year flood plain to a point for corner, said point being the intersection of the flood plain limits and the northerly right-of-way line of Exchange Parkway; THENCE along the northerly right-of-way line of Exchange Parkway a distance of 115.01 to the POINT OF BEGINNING Containing 4.2 acres more or less EXHIBIT E, CONTINUED ORDINANCE NO. 1625-8-98 ' TRACT 3A Being a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026 Collin County, Texas and being more particularly described as follows; 1 COMMENCING at the intersection of the northerly right-of-way line of Exchange Parkway and Tributary No. 2G5; THENCE along the northerly right-of-way line of Exchange Parkway along a non - tangent curve to the left through a central angle of 00054'51" and an arc length of 31.86 feet to the point of tangency; THENCE South 66°31'46" West a distance of 80.09 feet to the beginning of a non - tangent curve to the left having a radius of 1972.36 feet and having a chord bearing of South 75°5634' West and a chord length of 526.69 feet; THENCE along said curve 258.00 feet to the POINT OF BEGINNING; THENCE along said curve 270.27 feet to the point of tangency; THENCE South 68°1611" West a distance of 290.00 feet to a point for corner in the centerline of a future north/south road; THENCE in a northwesterly/northern/northeasterly direction along the centerline of said north/south road approximately 2560 feet to a point for corner; THENCE South 89°1336"East a distance of 722.00 feet to a point for corner; THENCE South 00°0211"East a distance of 750.00 feet to a point for corner; THENCE in a southwesterly direction 1050.00 feet to a point for corner; THENCE in a southeasterly direction, along the eastern line of the Tract, said line being parallel with the centerline of a north/south road approximately 560 feet to the west, for a distance of 1000 feet to the POINT OF BEGINNING Containing 35.5 acres more or less. EXHIBIT E, CONTINUED ORDINANCE NO. 1625-8-98 ' TRACT 3B Being a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026 Collin County, Texas and being more particularly described as follows; I BEGINNING at the intersection of the northerly right-of-way line of Exchange Parkway and Tributary No. 2G5; THENCE along the northerly right-of-way line of Exchange Parkway along a non - tangent curve to the left through a central angle of 00054'51" End an arc length of 31.86 feet to the point of tangency; THENCE South 66031'46" West a distance of 80.09 feet to the beginning of a non - tangent curve to the left having a radius of 1972.36 feet and having a chord bearing of South 75°5634' West and a chord length of 526.69 feet; THENCE along said curve 258.00 feet to a point for corner; THENCE in a northwesterly direction, along the western line of the Tract, said line being parallel with the centerline of a north/south road approximately 560 feet to the west, for a distance of 1000 feet to a point for corner; THENCE in a northeasterly direction 1050 feet to a point for corner; THENCE South 00°02'11"East a distance of 500 feet to a W ion rod found; THENCE South 79°4339" East a distance of 266.78 feet to a point in the centerline of Tributary No. 2G5; THENCE along the meanders of the centerline of Tributary No. 2G5 as follows: South 11 °3618' West a distance of 97.94 feet to a point; South 32°0629' West a distance of 391.82 feet to a point; South 48°5209' West a distance of 125.57 feet to a point; South 69°1557' West a distance of 187.68 feet to a point; South 23°33'04' West a distance of 121.16 feet to the POINT OF BEGINNING Containing 21.6 acres more or less. EXHIBIT E, CONTINUED ORDINANCE NO. 1625-8-98 L TRACT 4 Being a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026 Collin County, Texas and being more particularly described as follows; COMMENCING at the intersection of the westerly right-of-way line of State Highway No. 5 and the northerly right-of-way line of Exchange Parkway; THENCE departing the westerly right-of-way line of said State Highway No. 5 and along the northerly right-of-way line of Exchange Parkway as follows; South 66°0503' West a distance of 39.43 feet to a point; North 71 °3237' West distance of 650.00 feet to the POINT OF BEGINNING; THENCE along the northerly right-of-way line of Exchange Parkway North 71032'37" a distance of 569.33 feet to the beginning of a non -tangent curve to the left having a radius of 1997.36 feet and having a chord bearing of South 87°44'32" West and a chord length of 70.83 feet; Continuing along said non tangent curve to the left through a central angle of 02001'54" and a arc length of 70.83 feet to a point in the centerline of Tributary No. 2G5; THENCE departing the northerly right-of-way line of Exchange Parkway and along the meanders of said Tributary No. 2G5 as follows: North 2303304 East a distance of 121.16 feet to a point; North 69°1557 East a distance of 187.68 feet to a point; North 4805209'East a distance of 125.57 feet to a point; North 3200629'East a distance of 391.82 feet to a point; North 11 °3618 East a distance of 97.94 feet to a point; THENCE departing the centerline of said Tributary No. 2G5 South 79043'39" Ead a distance of 1093.64 feet to a point for comer; THENCE South 2303529"West a distance of 870.00 feet to the POINT OF BEGINNING; Containing 20.8 acres more or less. EXHIBIT E, CONTINUED ORDINANCE NO. 1625-8-98 ' TRACTS Being a tract of land situated in the Henry Wetsel Survey, Abstract No. 1026 Collin County, Texas and being more particularly described as follows; BEGINNING at the intersection of the westerly right-of-way line of State Highway No. 5 and the northerly right-of-way line of Exchange Parkway; THENCE departing the westerly right-of-way line of said State Highway No. 5 and along the northerly right-of-way line of Exchange Parkway as follows; South 66°0503' West a distance of 39.43 feet to a point; North 71 °3237' West distance of 650.00 feet to a point for corner; THENCE departing the north right-of-way line of Exchange Parkway North 23035'29" East a distance of 870.00 feet to a point for corner; THENCE South 79°4339 East a distance of 590.00 feet to a point for corner; THENCE South 10°162T West a distance of 50.00 feet to a'T' bar found; THENCE South 79043'39' East a distance of 94.31 feet to a Yi' iron rod found in the westerly right-of-way line of said State Highway No. 5; THENCE along the westerly right-of-way line of said State Highway No. 5 South 23°3529' West a distance of 889.22 feet to the point of beginning; CONTAINING 14 acres more or less. EXHIBIT E, CONTINUED ORDINANCE NO. 1625-8-98 L.SNOLMILM ad 01 jm�vuv Nv,la ams JARDMOD EXHIBIT F ORDINANCE NO. 1625-S98 two dftbNi The Gates at Proposed Site Plan Exchange Parkway \\ IHgI/ {c rurrr .. ( F�i • C a�e��\�w� as QIII�y il��fp�� a .... ,'��i�1r B� • �"A\\��u � ;�lllll� a ' ','•a+ �n T�'I�171Ii��l ��i y ��`�IA1111�m '`�I . .. . ' AMENDMENT TO P.D. 58 REVISED USE AND AREA REGULATIONS August 6, 1998 TRACT 2A & 2B USE AND AREA REGULATIONS Development Regulations — Development shall take place in accordance with Section 3.01, (V) "LI" Light Industrial District Regulations, of the City of Allen Comprehensive Zoning Ordinance. TRACT 3A USE AND AREA REGULATIONS Development Regulations — Development shall take place in accordance with Section 3.01, (V) "LI" Light Industrial District Regulations, of the City of Allen Comprehensive Zoning Ordinance. TRACT 3B and 4 USE AND AREA REGULATIONS Development Regulations — Development shall take place in accordance with Section 3.01, "MF -24" Multi -Family Residential District Regulations, of the City of Allen Comprehensive Zoning Ordinance, except as follows. DEVELOPMENT REGULATIONS: A. Density: A maximum of twenty-two (22) dwelling units per acre shall be permitted. In no instance however, shall the total number of units on Tract 3B exceed 432, nor shall the total number of units on Tract 4 exceed 362. B. Size of Yard: 1. Front Yard — there shall be a front yard having a required depth of not less than fifty (50) feet. In addition, no portion of any structure within 100 feet of the front property line shall be taller than 2 stories. EXHIBIT H ORDINANCE NO. 1625-8-98 7 MAY W RFA 7187111 2. Yard Abutting Single Family Development - there shall be a minimum yard adjacent to any single family zoned property with a minimum depth of not less than fifty (50) feet. In addition no portion of any structure shall be taller than 2 stories within 100 feet of the property line adjacent to single family zoned property. C. Unit Mix: The units mix shall be such that no less than 45% of the units shall be one bedroom, and the maximum number of three-bedroom units shall not exceed 15% of the total units. No efficiency units shall be permitted. D. Off-street Parking: Two (2) parking spaces shall be provided per unit. On Tract 3B a minimum of 25% of the parking spaces shall either be within an enclosed garage or a carport. On Tract 4, that percentage shall be at least 50%. Covered parking shall be designed and constructed to compliment the residential building structures in relation to form, calors, and materials. E. Roofing: Roofing materials shall be, at a minimum, asphalt fiberglass composition shingles materials, or better. F. Roof Pitch: Minimum roof pitch shall be 4:12. G. Rooftop Equipment: Rooftop mounted air conditioning equipment shall be prohibited. H. Satellite Dishes and Antennas: Satellite dishes and antennas shall be placed unobtrusively and screened from the perimeter of the project. I. Signs: All project signage shall be architecturally compatible with the main buildings. J. Security: All property lines and access points to this residential development shall have 6 foot perimeter fence. All points of entry shall have an automatic limited access gate system. Points of exit may have domestic exit devices only. K. Club House and Other Amenities: A minimum of one clubhouse shall be provided within this property with a community room and a kitchen. L. Swimming pool: There shall be a resort style swimming pool. M. Screening: An eight (8) foot high screening wall, constructed per the city of Allen's design criteria, shall be built where the adjacent property is ' zoned for industrial uses as part of this development. Screening adjacent E71HMIT H, CONTINUED ORDINANCE NO. 1625-8-98 RFA /07111 7 MAY M I to all other uses shall be in accordance with the city of Allen's Comprehensive Zoning Ordinance. TRACT 5 USE AND AREA REGULATIONS Development Regulations — Development shall take place in accordance with Section 3.01, (Q) "SC" Shopping Center District Regulations, of the City of Allen Comprehensive Zoning Ordinance. EXIHBIT H, CONTINUED ORDINANCE NO. 162541-98 7 MAY 98 RFA /97111