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O-3091-6-12ORDINANCE NO. 3091-6.12 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 ADOPTING A CONCEPT PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, CARPORT ELEVATIONS, SIGN PLAN, AND INTERSECTION AND BOULEVARD EXHIBIT FOR 29.616± ACRES OUT OF THE MICHAEL SEE SURVEY, ABSTRACT NO. 544 AND THE HENRY BRANDENBURG SURVEY, ABSTRACT 110, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, LOCATED IN DISTRICT A OF PLANNED DEVELOPMENT PD NO. 108; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABHX17Y CLAUSE; PROVIDING 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, 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, as previously amended, 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 Zoning Regulations and Zoning Map of the City of Allen, Collin County, Texas, be amended by adopting a Concept Plan, Landscape Plan, Building Elevations, Carport Elevations, Sign Plan, and Intersection and Boulevard Exhibit, attached hereto as Exhibits B, C, D, E, F, and G, respectively, and incorporated herein by reference, relating to the use and development of 29.616± acres out of the Michael See Survey, Abstract 544 and the Henry Brandenburg Survey, Abstract No. 110, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ('the Property"), the Property being located in District A of Planned Development PD No. 108. SECTION 2. The Property shall be developed and used only in accordance with the provisions of the Allen Land Development Code, the Development Regulations governing District A of Planned Development PD No. 108, as amended, and the Concept Plan, Landscape Plan, Building Elevations, Carport Elevations, Sign Plan, and Intersection and Boulevard Exhibit, adopted and approved pursuant to Section 1, above. SECTION 3. 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 he controlling. SECTION 4. 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 5. 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 6. 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 7. 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 20 DAY OF JUNE, 2012. APPROVED: 1 StephTcrrcll, Mayor APPROVED ASXCVFORM: ATTEST: 1� ��P_ _ _ _G. _ _1th, City A�� Shelley B. George, RMC, City Se tary Ordinance No. 3091-6-12, Page 2 THENCE Norah 60 dean w 37 minutes 59 secooda West, continuing along acid creek and tet, edy line of Twin Croaks Phase 4nl, a distance of 13.26 to a Point for corner in the eatery line of Waterford Parks Phan 5 recorded in room ont No. 2007040901 Not 210. Ofhclal Pc bac Raccrds of Raa Nopert, Collin County. Teas. THENCE along said easterly line of Watertord Parks Phase 5 as follows: North 11 cogent, 19 minutes 28 seconds East, 79.28 feet; North 23 degrees 45 minutes SB seconds West, 52.68 feel; North 59 degrees 35 minutes 23 seconds West, 27.58 feet; North 33 degrees 13 minutes 42 seconds West 41.70 feet; North 25 degrees 22 minutes 48 seconds Wa4 51.11 feet; North 71 degrees 49 minutes 34 seconds East, 25.06 feet; South 60 degrees 25 minutes 47 seconds Eat. 24.23 feel; Neth N degrees 35 minutes 34 seconds East 10.21 feet; North 72 degraa 09 minutes 25 seconds Eat 53.50 feet; MOM 49 degrees 05 minutes 27 seconds Eat 47.67 feet; North 03 degreY 06 minutes 31 seconds East 4895 fest; North 18 degree 04 minuted 45 ocoonda Eat 71.50 feet; North 87 degrees 13 minora 01 seconds Eat 37.68 feel; South 41 degrees 39 minutes 26 seconds East 35.62 feet; North 77 degrees 29 minutes 17 seconds Eat 54.09 feet; North 59 degrees 58 minutes 05 seconds Eat 60.68 feet; Norah 09 degree 18 minutes 02 seconds East, 84.54 feet; North 26 degrees 23 minutes 53 seconds West, 54.12 feet; North 44 degrees 56 minutes 11 seconds West. 24.25 feet; ' South 68 degrees 26 minutes 39 seconds West, 49.55 feet; North 19 degrees 39 minutes 33 seconds West, 38.73 feet; North 05 degrees 35 minute 31 seconds West, 59.60 feet; North 47 degrees 40 minutes 57 seconds West, 68.70 feet; Ordinance No. 31191-6-12, Pale 3 EXHIBIT "A" LEGAL DESCRIPTION BEING a 29.616 acre tree[ a Ind shueled he 0u MWmW Bee Burney, Abet a cl No. 960, and the Henry Brandenburg Survey Abstract No.110, Golan County, Test and beep a part a a called 1115.965 sere tract a Md descdbsd Y Treel Thin In s deed to Briar Ridge Investments, Inc. and bang a part of a called 91.007 Yn tract of terve tlw+nam an Tract Five in a deed to Briar Roos Investments, Ine. reonded In County Clers No. 92- 0019155, Official Pudic Records of Real Property, Cain County, Teat and belrp mon Particularly descrlbed Y farmer BEGINNING el is 1M Inch Imre rod found with cop stamped'Parlwco Koen' on the rampantly night of was, line of Exchange Parkway on varteble width right of wayl and the westerly right d way line of Bray Central Onve (se Not right of warl; THENCE along said northerly right t way line of Exchange Parkway as fallowc Borah IS degrees 45 minubs 27 seconds West, a distance of 1.22 feel to is In inch Inn rod set wain cap stamped "Pibum Partners" for comer; Boutin 89 degrees 28 minutes 09 seconds, WeN, a diefance of 110M feel to is In Inch Iran hold sal with cop stamped "Pibum Partnere" for comer; South a6 degrees N minutes M seconds Went, a distarrce of 145.22 fiat to a I Inch Inn had 50 w9h cap stamped "Mbum Perthil for corner; South Yon on. 26 mImA. 10 seconds West a distance of 169.18 fern to a 1 a Inch Ours and eel with rap stamped "album Partners- for corner; North 75 degree 35 minutse 21 moo da West, a distance of 207 03 feet to a IQ Inch mon rod tel wish sap atempnd "PI turn Prtnere'tor comer; South W degrees 32 minutes 07 moss ds West a distance of 103.54 feel to a IQ inch Iron red eel WM11 ceP a4rnpad"%bum Padre s- for the a0dheaN.r o Twin Crseb Phase "I recorded In Caalnet N. Page 7th, Far Records, Collin County, Taxan; THENCE North at degrees M minlrtas 08 wards Went, along the ce diver. of Wailes, Creek red exacted, line 4 sad Twin Croaks Phase 6 -Dl, is dimer w of 125.72 had to Pant for corder; THENCE Norah 60 dean w 37 minutes 59 secooda West, continuing along acid creek and tet, edy line of Twin Croaks Phase 4nl, a distance of 13.26 to a Point for corner in the eatery line of Waterford Parks Phan 5 recorded in room ont No. 2007040901 Not 210. Ofhclal Pc bac Raccrds of Raa Nopert, Collin County. Teas. THENCE along said easterly line of Watertord Parks Phase 5 as follows: North 11 cogent, 19 minutes 28 seconds East, 79.28 feet; North 23 degrees 45 minutes SB seconds West, 52.68 feel; North 59 degrees 35 minutes 23 seconds West, 27.58 feet; North 33 degrees 13 minutes 42 seconds West 41.70 feet; North 25 degrees 22 minutes 48 seconds Wa4 51.11 feet; North 71 degrees 49 minutes 34 seconds East, 25.06 feet; South 60 degrees 25 minutes 47 seconds Eat. 24.23 feel; Neth N degrees 35 minutes 34 seconds East 10.21 feet; North 72 degraa 09 minutes 25 seconds Eat 53.50 feet; MOM 49 degrees 05 minutes 27 seconds Eat 47.67 feet; North 03 degreY 06 minutes 31 seconds East 4895 fest; North 18 degree 04 minuted 45 ocoonda Eat 71.50 feet; North 87 degrees 13 minora 01 seconds Eat 37.68 feel; South 41 degrees 39 minutes 26 seconds East 35.62 feet; North 77 degrees 29 minutes 17 seconds Eat 54.09 feet; North 59 degrees 58 minutes 05 seconds Eat 60.68 feet; Norah 09 degree 18 minutes 02 seconds East, 84.54 feet; North 26 degrees 23 minutes 53 seconds West, 54.12 feet; North 44 degrees 56 minutes 11 seconds West. 24.25 feet; ' South 68 degrees 26 minutes 39 seconds West, 49.55 feet; North 19 degrees 39 minutes 33 seconds West, 38.73 feet; North 05 degrees 35 minute 31 seconds West, 59.60 feet; North 47 degrees 40 minutes 57 seconds West, 68.70 feet; Ordinance No. 31191-6-12, Pale 3 EXHHtTT "A" LEGAL DESCRIPTION (continued) North 69 depress 13 minutas 20 seconds East, 110.75116,11; North 12 degrees 11 minutes 52 seconds East, 68.18 fast; North 64 degrees 05 minutes 12 seconds East, 4146 fast South 70 dogmas 41 minutes 30 seconds East, 82.88 fist; South W degr n; 54 minutes 39 seconds East, 55.98 feet; North 73 degrees 47 minutes 25 seconds East, 41.47 feet; North 63 degrees 16 minutes 19 seconds East, 52.76 feet; North 38 degrees 59 minutes 08 seconds East, 58.40 foal; North 42 degrees 06 minutes 59 seconds East, 86.84 foot; North 13 degrees 04 minutes W seconds Past, 68.58 fee; North 29 degrees 47 minutes 08 seconds East, 61M fief; North 14 degrees 12 minutes 17 secontla Ent, 83.34 fast; North 39 degrees 28 minutes 07 seconds East, 1all fast; North 85 degrees N minutes 03 seconds Est, 55.93 fist; North 66 degrees 02 minutes 11 seconds Est, 120.92 feat; North 07 degree 17 minutes 09 seconds East, 63.87 fitl; North I degrees 14 minutes 55 seconds East, 36.95 feet; North 23 degrees 22 minutes 26 seconds East, 54.24 feet; North 62 degrees 39 minutes 29 seconds Est, 71.14 feel; North 73 degrees 56 minutes 16 seconds Es; 48.76fost North 02 degrees 59 minutes 03 seconds Wal 39.35 feet; North a degrees 33 minutes 56 seconds East, 51.95 fest North 38 degrees 41 minutes 36 seconds East, 64.69 feet; North 49 degrees 18 minutes 24 seconds Est, 36.70 fast; North 10 de9roo. 27 minutes 23 second. EON, 46.83 fast; North 13 degroos 05 minutes W ascends East, 38.37 fast; North 53 degrees O6 minutes 48 Seconds East, 34.34 feel to an "V found for the mortheast corner of said Wated*rd Park. Phew 5, and being on the waeerly dight of ' way line of aforementioned Bray Central Drive, which Is the beginning of a curve to the right through a central angle of 70 degrees 51 minutes 46 seconds, a radius of 980.00 fee, chord bearing of South 01 degrees 27 minutes 28 seconds Est, chord length of 1113.07 feet; THENCE along said westerly right of way line of Bray Central Drive and curve to the right an= Nngth of 1197.31 fee to a 112 inch iron rod found with cap stamped "Pacheco Koch" for corner, and being the beginning of a reverse curve to the left through a ventral mull of 35 degrees 12 minutes 64 seconds, radlus of Iful 0 feat, chord bearing of South 19 degrees 21 minutia ST seconds Worst a chord length of 929,19 fact; THENCE along said right of way line and curve W the let an arc length of 639.20 feet to a 1121neh Iron rod found with cap stamped'Paeheco Koch" for comae; THENCE South 01 degrees 14 minors 30 seconds End, along said right of way line of Bray Control Oriw a dieanea of 73.78 feel to a 1f2Inch Iran rod found won cap stamped "Pacheco Koch" for corner, THENCE South as deg mes 45 minutes 30 seconds Wee, continuing along said right of way line of Bray Centre] Drive, a distance *158.57 to the POINT or BEGINNING and containing a computed area of 29.616 acres or 1.280,097 square feel N land. Ordinance No. 3U91-612, Page 4 .e ,. .r C E EXHB3IT'B" CONCEPTPLAN Ordinance No. 3091.6.12, Page 6 L7 � p':IIIC 11111711 P / I/i� ' � ire ° ®r?. rtill ° .ISG Z�Iu I YLIE ' C ocoocoo oocc��� I 1 1 EXHIBrr"C" 0 Ordinance No. 3091-6-12. Page 8 m I I EXHIBIT "D" BUILDING ELEVATIONS }i;L� s!li �1 sry Ordinance No. 3091-6-12, Page 9 I I EXHIBIT "D" BUILDING ELEVATIONS (Continued) Ordinance No. 3091-6-12 Page 10 CORRUGATED METAL ROOF (PAINT TO MATCH APARTMENT METAL GUARDRAILS) I 1 EXHIBIT `B" CARPORT ELEVATION 18b' r1 LIm Om Ordinance No. 3091-612. Page 11 b b I 1 EXHIBIT "F' SIGN PLAN ,}Itli'hIj = uol9VsnsoBad $40SA3 UIMl;e uc14V �jiff g N B i V , • • 7 0 �I i. Ordinance No. 3091.612. Page 12 I I I EXIBBIT "F' SIGN PLAN (Continued) Ordinance No. 3091.6.12, Page 13 Isl�l n Ordinance No. 3091.6.12, Page 13 I 1 EXHIBIT "F' SIGN PLAN (Continued) Ordinance No. 3091-6-12, Page 14 Nil Ile HE got 13,8101'"11.ni ` �' II■�y�il ��0➢ � W a�� IE II■ � 10 z jf i� ` 11 w IL II O it I�•eisP!iI :ens�li� Ordinance No. 3091-6-12, Page 14 I 1 EXHIBIT "F' SIGN PLAN (Continued) 40111 , li lfEGl = uo19Vs^saAd tee." uMAI :p uolgw W u�u • � i Su i i _ W L r 9 I , G N •WY{--�- R'1R •� R-O� Y ♦ Y �..: Y Y �� � Ordinance No. 3091-6-12, Page 15 w