Loading...
O-2927-7-10ORDINANCE NO. 2927-7-10 ' 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 WITH RESPECT TO AN APPROXIMATELY 197.741 ACRE TRACT OF LAND IN THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, MICHAEL SEE SURVEY, ABSTRACT NO. 543, AND THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, WHICH IS PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 96, BY CHANGING THE ZONING TO "PD" PLANNED DEVELOPMENT NO. 105; ADOPTING MASTER DEVELOPMENT REGULATIONS FOR THE ENTIRE PROPERTY, DEFINING SUBAREAS OF THE PROPERTY, ADOPTING SUBAREA DEVELOPMENT REGULATIONS FOR RESPECTIVE SUBAREAS, AND PROVIDING FOR CONCEPT PLANS FOR CERTAIN SUBAREAS; PROVIDING FOR A CONFLICT 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 (52,000) 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 the Zoning Map of the City of Allen, Texas, as heretofore amended, are hereby further amended by changing the zoning of an approximately 197.741: acre tract of land out of the David H. Nix Survey, Abstract No. 668, Michael See Survey, Abstract No. 543, and the T.G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas, said property being further described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") from "PD" Planned Development District No. 96 to "PD" Planned Development District No. 105. SECTION 2. The Property (also sometimes referred to herein as "Montgomery Farm") shall be developed in accordance and used in accordance with the applicable provisions of the Allen Land Development Code, as amended, as well as the following Master Development Regulations: A. Purpose. Montgomery Farm is intended to provide a distinctive residential community consisting of a creative and cohesive arrangement of homes, many adjacent to substantial open areas. In the event ' of a conflict between these regulations and any provision in an ordinance of the City, these regulations shall control; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. B. Definitions. For purposes of this Ordinance, the following terms shall have the following meanings: ' 1. "ALDC" shall mean the Allen Land Development Code, as amended. "City Engineer" the City of Allen City Engineer, the City Engineer's designee, or 2. shall mean such other person to whom the authority of the City Engineer under the ALDC has been delegated by the City Council of the City of Allen or the City Manager, as appropriate. 3. "Community Reserve Areas" shall mean those areas of the Property designated as such on a final plat, general development plan, concept plan, or in a restrictive covenant. 4. "Directors," unless the context clearly indicates otherwise, shall collectively mean the City of Allen Director of Planning and Development and the City of Allen Director of Engineering, the Directors' respective designees, or such other people to whom the authority of the Directors under the ALDC has been delegated by the City Council of the City of Allen or the City Manager, as appropriate. 5. "HOA" shall mean Homeowners Association as set forth in the ALDC. 6. Master Development Regulations" shall mean the use and development regulations contained in this Section Two of this Ordinance. 7. "Master Maintenance Organization" or "MMO" shall mean an organization that includes among its obligations and authority the ownership and maintenance of Community Reserve Areas. 8. "Montgomery Farm Pattern Book" or "Pattern Book" shall mean the document prepared by ' MESA Design and dated June 2010, as amended, which sets forth guidelines for development of the Property. A true and correct copy of the Pattern Book shall be retained in the Office of the City Secretary and is incorporated herein by reference. 9. "Property" shall mean the real property located in the City of Allen, Collin County, Texas, described in Exhibit "A" of this Ordinance. 10. "Neighborhood Reserve Areas" shall mean the common areas, open areas, landscape features and elements located in open areas within a subdivision designated as such on a final plat, general development plan, concept plan, or in a restrictive covenant that are not Community Reserve Areas. 11. "Subarea" shall mean an identified area within the Property which is to be developed in accordance with Subarea Development Regulations approved by the City with respect said identified area, but which is also subject to the provisions of these Master Development Regulations and applicable provisions of the ALDC, as amended. The general boundaries of the respective Subareas are identified in Exhibit `B" attached hereto and incorporated herein by reference. 12. "Subarea Development Regulations" shall mean regulations controlling the use and development of the respective Subareas set forth in Exhibits "C" through "H", inclusive, of this Ordinance or as modifications to such exhibits are otherwise approved by separate City ' ordinance, which exhibits are attached hereto and incorporated herein by reference. C. Concept Plan/General Development Plan. Subject to the Master Development Regulations and the Subarea Regulations, the Property shall be developed in general conformance with concept plans and/or general development plans approved by the City for each Subarea. Ordinance No. 2927-7-10, Page 2 E. Montgomery Farm Pattern Book. The Montgomery Farm Pattern Book shall serve as a general guide for development within the Property but, notwithstanding its incorporation as part of this Ordinance, does not constitute a regulation relating to the use and development of the Property. In the event of an irreconcilable conflict between the development standards set forth in these Master Development Regulations, the applicable Subarea Development Regulations, and the standards set forth in the ALDC, the Directors may approve a modification to the development standards based on the information contained in the Montgomery Farm Pattern Book. F. Maintenance and Ownership of Neiehborhood Reserve Areas and Community Reserve Areas. 1. Establishment of HOA's and MMO. HOA's shall be created in accordance with Section 8.20 of the ALDC, as amended, and shall be responsible for the continuous and perpetual ' operation, maintenance and/or supervision of the Neighborhood Reserve Areas and Community Reserve Areas located in one or more Subareas; provided, however, a MMO may be established in accordance with the provisions of these Master Development Regulations which, if established, shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of the Community Reserve Areas located throughout the Property. The authority to create an MMO shall be solely limited to the property as described in this Ordinance, that being Angel Field West, Hamilton Hills, Bethany Mews, Connemara Crossing and Montgomery Fare Estates. One or more Subareas may be subject to the same HOA, and, if an MMO is established, all Subareas shall be subject to both the HOA established for the Subarea and the MMO. 2. Dedication and/or Ownership. Neighborhood Reserve Areas shall be dedicated by easement or deeded in fee simple to the HOA governing the Subarea in which the Neighborhood Reserve Areas are located and shall be identified on the final plat of the area of the Property in which they are located. Community Reserve Areas shall be dedicated by easement or deeded in fee simple to an HOA or, if established, the MMO, and shall be identified on the final plat of the area of the Property where they are located. 3. Approval and Recording of CCR's. A copy of the agreements, covenants and restrictions establishing and creating the MMO must be approved by the city attorney prior to the approval of the final plat of each Subarea and filed in the Official Public Records of Collin County, Texas, prior to or concurrently with the final plat of the fast Subarea to be platted. The recorded final plat of each Subarea shall clearly identify all facilities, structures, ' improvements systems, areas or grounds that are to be operated, maintained and/or supervised by the MMO and each HOA. Ordinance No. 2927-7-10, Page 3 D. Development Standards for Subareas. Subareas shall be developed in accordance with these Master Development Regulations and the Subarea Development Regulations and Concept Plans set forth in the following exhibits attached hereto: Subarea Subarea Development Concept Plan Regulations Angel Field West Exhibit "C" Exhibit "C-1" Hamilton Hills Exhibit "D" Exhibit "D-1" Bethany Mews Exhibit "E" Exhibit "E-1" Connemara Crossing Exhibit "F" Exhibit "F-1" Montgomery Farm Estates Exhibit "O" E. Montgomery Farm Pattern Book. The Montgomery Farm Pattern Book shall serve as a general guide for development within the Property but, notwithstanding its incorporation as part of this Ordinance, does not constitute a regulation relating to the use and development of the Property. In the event of an irreconcilable conflict between the development standards set forth in these Master Development Regulations, the applicable Subarea Development Regulations, and the standards set forth in the ALDC, the Directors may approve a modification to the development standards based on the information contained in the Montgomery Farm Pattern Book. F. Maintenance and Ownership of Neiehborhood Reserve Areas and Community Reserve Areas. 1. Establishment of HOA's and MMO. HOA's shall be created in accordance with Section 8.20 of the ALDC, as amended, and shall be responsible for the continuous and perpetual ' operation, maintenance and/or supervision of the Neighborhood Reserve Areas and Community Reserve Areas located in one or more Subareas; provided, however, a MMO may be established in accordance with the provisions of these Master Development Regulations which, if established, shall be responsible for the continuous and perpetual operation, maintenance and/or supervision of the Community Reserve Areas located throughout the Property. The authority to create an MMO shall be solely limited to the property as described in this Ordinance, that being Angel Field West, Hamilton Hills, Bethany Mews, Connemara Crossing and Montgomery Fare Estates. One or more Subareas may be subject to the same HOA, and, if an MMO is established, all Subareas shall be subject to both the HOA established for the Subarea and the MMO. 2. Dedication and/or Ownership. Neighborhood Reserve Areas shall be dedicated by easement or deeded in fee simple to the HOA governing the Subarea in which the Neighborhood Reserve Areas are located and shall be identified on the final plat of the area of the Property in which they are located. Community Reserve Areas shall be dedicated by easement or deeded in fee simple to an HOA or, if established, the MMO, and shall be identified on the final plat of the area of the Property where they are located. 3. Approval and Recording of CCR's. A copy of the agreements, covenants and restrictions establishing and creating the MMO must be approved by the city attorney prior to the approval of the final plat of each Subarea and filed in the Official Public Records of Collin County, Texas, prior to or concurrently with the final plat of the fast Subarea to be platted. The recorded final plat of each Subarea shall clearly identify all facilities, structures, ' improvements systems, areas or grounds that are to be operated, maintained and/or supervised by the MMO and each HOA. Ordinance No. 2927-7-10, Page 3 4. Contents of the MMO agreements. At a minimum, the agreements, covenants and restrictions establishing and creating the MMO required herein shall contain and/or provide ' for the following: a. Definitions of terms contained therein; b. Provisions acceptable to the City for the establishment and organization of the MMO and the adoption of bylaws for the MMO; C. The initial term of the agreement, covenants and restrictions establishing and creating the MMO shall be for a 25 -year period and shall automatically renew for successive ten-year periods; d. the MMO may not be dissolved without the prior written consent of the City; C. Provisions acceptable to the City to ensure the continuous and perpetual use, operation, maintenance and/or supervision of the Community Reserve Areas and all other facilities, structures, improvements, systems, open space or common areas that are responsibility of the MMO (or, if the MMO is not established, the appropriate HOA), including, but not limited to, the right of the MMO (or HOA, as appropriate) to assess the costs of such use, operation, maintenance and/or supervision to owners of the Property and to enforce the payment of such assessments by a lien against each lot or tract within the Property as provided by the approved agreements, covenants, and restrictions to the extent allowed by law and the right to establish a reserve fund for such purposes; ' f. Provisions prohibiting the amendment of any portion of the MMO agreements, covenants or restrictions pertaining to the use, operation, maintenance and/or supervision of Community Reserve Areas, or any facilities, structures, improvements, systems, area or grounds that are the responsibility of the MMO, without the prior written consent of the City; g. The right and ability of the City or its lawful agents, after due notice to the MMO, to remove any landscape systems, features or elements that cease to be maintained by the MMO; to perform the responsibilities of the MMO and its board of directors if the MMO fails to do so in compliance with any provisions of the agreements, covenants or restrictions of the MMO or of any applicable city codes, ordinances, or regulations; to assess the MMO for all costs incurred by the City in performing said responsibilities if the MMO fails to do so; and/or to avail itself of any other enforcement actions available to the City pursuant to state law or city codes, ordinances, or regulations; and h. Provisions indemnifying and holding the City harmless from any and all costs, expenses, suits, demands, liabilities or damages including attorney's fees and costs of suit, incurred or resulting from the City's removal of any landscape systems, features or elements that cease to be maintained by the MMO or from the City's performance of the aforementioned operation, maintenance or supervision responsibilities of the MMO due to the MMO's failure to perform said responsibilities. ' In the event that a MMO is not established, the provisions of this Section P shall be applicable to the agreements, covenants, and restrictions of each HOA governing the Subarea in which a Community Reserve Area is located. Ordinance No. 2927-7-10, Page 4 G. Thoroughfares and Streets. Thoroughfare and street standards for each Subarea, to the extent they are different from the City's regular standards, shall be as set forth in the Subarea Development ' Regulations. IL Flexible Standards. General Intent. It is generally intended that the development standards set forth in these Master Development Regulations, the Subarea Development Regulations, and the Montgomery Farm Pattern Book shall be flexible in order to encourage development within this Planned Development District. 2. Directors' Authority to Modify Standards. The Directors shall have the authority, but not the obligation, to approve or modify a request for modification to any standard set forth in these Master Development Regulations or the Subarea Development Regulations and in the Montgomery Fane Pattern Book provided such modification does not: result in the approval of a land use not otherwise authorized in this Planned Development District or, to the extent not modified by the Master Development Regulations or any Subarea Development Regulation, the Zoning Map of the City of Allen; or increase the allowable intensity or density of any land use under this Ordinance or any ordinance approving Subarea Development Regulations for a Subarea; or C. effectively result in an amendment to the ALDC to an extent beyond the amendments established by this Ordinance or an ordinance approving the Subarea Development ' Regulations for a Subarea. 3. Appeal to Commission. The decision of the Directors on a request for a modification to the standards set forth in the Master Development Regulations or the Subarea Development Regulations may be appealed to the Planning and Zoning Commission by the person or entity requesting such modification by making written application to the Commission not later than ten (10) days after the date the Directors deny the request. Upon consideration of said appeal, the Commission may: a. affirm the decision of the Directors; b. modify the original request, but only to the extent of the original request; or grant the application for modification as originally requested. For purposes of this Paragraph 3, the failure of the Directors to take any action on a request for modification within fifteen (15) days after delivery of the request pursuant to Paragraph 2, above, shall be deemed a denial. 4. Appeal to City Council. The decision of the Planning and Zoning Commission: a. affirming the Directors' decision to deny an application for modification as requested in Paragraph 3, above, may be appealed by the applicant; b, modifying the original request may be appealed by the applicant or the Directors; C. granting the original request may be appealed by the Directors; Ordinance No. 2927-7-10, Page 5 to the City Council by filing a written request for appeal with the City Secretary not later than ten (10) days after the decision of the Commission. The City Council may affirm, overturn, or modify the decision of the Commission at its discretion. The decision of the City Council shall be final. 5. Construction Standards Development standards set forth in these Master Development Regulations, the Subarea Development Regulations, in the Montgomery Farts Pattern Book, and in the ALDC relating to construction design may be modified as part of the approval of the final civil engineering plans by the City Engineer to the extent the City Engineer determines to be reasonable and necessary to provide for sustainable construction methods for development of the Property. Chanties and Amendments. With respect to amendments to the use and development regulations set forth in this Ordinance other than modifications to development standards made by the Directors pursuant to the authority granted in Subsection H, above: 1. Any change in these Master Development Regulations are deemed to affect all of the Property and shall require an amendment to this Ordinance that complies with all procedural requirements of the ALDC and applicable state law including, but not limited to, notice to all owners of tracts or lots within the boundaries of the Property and within two hundred (200) feet of said boundary. 2. Any change in Subarea Development Regulations set forth in Exhibits "C" through "G," hereto, respectively, are deemed to affect only the Subarea to which said Subarea Development Regulations apply as set depicted in Exhibit `B," hereto, and shall require an amendment to this Ordinance that complies with all procedural requirements of the ALDC ' and applicable state law including, but not limited to, notice to all owners of tracts or lots within the boundaries of the Subarea and within 200 feet of the boundary of the Subarea. 3. Any change in Subarea Development Regulations set forth in Exhibits "C" through "G," hereto, respectively, that is intended to apply to only a portion of the property within a Subarea is deemed to affect only the property described in the application requesting such change and shall require an amendment to this Ordinance that complies with all procedural requirements of the ALDC and applicable state law including, but not limited to, notice to all owners of tracts or lots within the boundaries of the portion of the property described in the application and within two hundred (200) feet of the boundary of said property. Changes in the boundaries of the Subareas that result in shifting one or more portions of one or more Subareas to a different Subarea shall fall within the scope of this paragraph. SECTION 3. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein. SECTION 4. In the event of an irreconcilable conflict between the provisions of another 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 S. Planned Development No. 96, Ordinance No. 2559-09-06, as heretofore amended, shall continue in full force and effect, with respect to the use and development of any property described therein which is not included within the boundaries of the Property. ' SECTION 6. 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. Ordinance No. 2927-7-]0, Page 6 SECTION 7. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the ' former law is continued in effect for this purpose. SECTION S. Any person, firth 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 of the City of Allen, as amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. 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, COLLIN COUNTY, TEXAS, ON THIS THE 13m DAY OF JULY 2010. APPROVED: ALM-- Stephen errcll, Mayor APPROVED AS TO FORM: ATTEST: Peter G.Ste— mith, ty Attorney Shelley B. Geo C, City Seiietary Ordinance No. 2927-7-10, Page 7 EXHIBIT "A" ' LEGAL DESCRIPTION OF PROPERTY (Metes and Bounds Description and Illustration of "The Property Ordinance No. 2927-7-10, Page 8 MONTGOMERY FARM MASTER PLANNED DEVELOPMENT DISTRICT METES AND BOUNDS DESCRIPTION ' TRACH BEING a tract of land situated in the David H. Nix Survey, Abstract No. 668, and being located in the City of Allen, Collin Coonty, Texas, and being a part of that tract of land described as Tract 2 in deed m Emerson Farm Conn my, Ltd. as recorded in Volume 5105, Page 3414 of the Dead Records of Collin County, Texas (D.RC.C.T.), and being mom particularly described as follows: COMMENCING at a point for the most southwesterly comer of that tract of land described as Tract B in Alma Road Right -of -Way Dedication Deed to the City of Allen, Texas as recorded in Doeu hent No. 03- 0110815, D.R.C.C.T., said point being the intersection of the southeasterly right-of-way line of Alma Drive (120 fact wide) with the west line of said Tract 2; THENCE North 62 degrees 46 minutes 51 seconds East. along said smfficeaterly rightot way line, a distance of 949.20 fact to the POINT OF BEGINNING; THENCE North 62 degrees 46 minutes 51 seconds East, continuing along said southeasterly right-of-way line, a distance of 279.43 feet to a point for comm, THENCE departing said southeasterly right-of-way line and across said Tract 2, the following courses and distances: South 34 degrees 03 minutes 33 seconds Fast a distance 01`55A7 fach South 18 degrees 12 minutes 19 seconds East a distance 01`77,13 feet; South 01 degree 49 minuets 16 second. West a distance .1737.54 feet; South 26 degrees 12 minutes 05 seconds West a distance of 80.19 feet; South 21 degrees 39 minutes 53 seconds East a distance of 58.57 feet; ' South 11 degrees 42 minutes 41 seconds West a distance of 118.69 feet; South 22 degrees 18 minutes 54 seconds East a distance of 36.67 fact; South 09 degrees W minutes 14 seconds Wert a distance of 25.77 feet; South 67 degrees 41 minutes 25 second West a distance of 30.59 feet; North 29 degrees 28 minutes 44 seconds West a distance of 136.49 feet; South 85 degrees; 49 minutes 39 seconds East a distance of26.36 feet; North 06 degrees 15 minutes 53 seconds East a distance of 55.17 feet; North 21 degrees 33 minutes 24 seconds West a distance of43.M fear; 1 Ordinance No. 2927-7-10, Page 9 ' South 35 degrees 00 minutes 44 seconds West a distance of 51.15 feet; North 42 degrees 33 minutes 37 seconds West a distance of 60.82 fact; North 02 degrees 49 minutes 19 seconds East a distance of 144.58 feet, 1 South 88 degrees 26 minutes 01 seconds West a distance of 16.10 feet: South 08 degrees 15 minutes 14 acconds Wat a distance of 1%.19 feet; North 00 degrees 58 minutes 17 seconds East a distance of 76.04 feet; North 45 degrees 02 minutes 45 seconds West a distance of43.52 feet; South 85 degrees 53 minutes 27 seconds East a distance of 32.06 feet; North 03 degrees 17 minutes 00 seconds East a distance of 53.73 feet; South 55 degree 16 minutes 55 seconds West a distance of 56.04 feet; North 04 degrees 03 minutes 40 seconds East a distance of 52.43 feet; THENCE South 89 degrees 36 minutes 24 seconds West, a distance of 51.10 feet to the POINT OF BEGINNING AND CONTAINING 59,891 square feet or 1.375 acres of land, more or less. Ordinance No. 2927-7-10, Page 10 THENCE North 88 degrees 17 minutes 09 seconds West, departing said wast line ad along said common St.. a that. .0 81.62 feet to a point for comer; THENCE Nobe 01 degree 06 minutes 57 seconds East, contuming along said common It= a distance of 202.42 fact to a point fm; Ordinance No. 2927-7-10, Page 11 TRACT 2 ANGEL FIELD WEST BEING a ton of land situated in the T.O. Kennedy Survey, Abstract No. 500, and being located in the City of Allcn, Collin County, Texas, and bring parts of arose tracts of W W described as Angel Field ' Field East 99.266 Acre Tract in dead m Emerson Farm Company, Ltd, m recorded in Wass, Angel and Volume 5034, Page 158 of aro Dead Rwords of Collin County. Tues (D.1LC.C.TJ, and also Ming part of a tract of land described in dead to The Montgomery Farm Company, as recorded in Volume 1033, Page 891, D.R.C.C.T., and Ming more particularly described as follows: COMMENCING at the southwest corner of that tract of land described as Rtghtof--Way Eethany Drive in deed to the City of Allan, Tues m recorded in Volume 3918, Page 1167, DR.C.C.T.; THENCE South 71 degrees 26 minutes 26 seconds East, a distance of 84.23 fat to the POINT OF BEGINNING, said Point Ming on the southerly right-of-way line of Bethany Drive (variable width right- of-way) as dedicated in Volume 5093, Page 2663, D.R.C.C.T.; THENCE South 45 degrees 57 minutes 32 seconds East, departing said southerly right-of-way line and along the west line of a beet of land described in Collin County Coat At Law Number 2, Cause Number 002-14V7 03, a distance of 34.63 fact to a point for comer; THENCE South 00 degrees 13 minutes 04 seconds West, continuing along said west line, a distance of 280.02 fort to the point of curvature of a ahaWm curve to the right having a radius of 312.00 feat, whose chord bases South 07 degrees W minutes 43 seconds West, a distance of 51.64 feet; THENCE Southwesterly, continuing Wong said west fine and along said curve to the right, through a central angel of 09 degrees 29 minutes 37 accords for an are distance of 51.70 fact to the point of curvature of a circular curve to the right having a radius of 1040.75 fear, whose chord bears South 15 degrees 22 minutes 49 amends West, a distance of 171.35 feet: THENCE Southwesterly, continuing along said wast line ad along said curve to the right, through a central angel of 09 degrees 26 minutes 39 seconds for an aro distance of 171.54 feet to the paint of tangerwy; THENCE South 20 degrees 16 minutes 14 seconds West, continuing along said west line, a distance of 112.68 fact to the point of curvature of a circular awe to the left having a radius of 1095.00 f.4 whose chord bears South 11 degrees 19 minutes 22 secunda West, a distance of 341.25 fen; ' THENCE Southwesterly, continuing along said west line and along said awe to the left, through a central angel of 17 degrees 55 minutes 44 seconds for an are, distance of 342.65 fact to the point of tangancy; THENCE South 02 degrees 20 minutes 30 seconds West, continuing along said west line, a diamine of 301.43 fact to a point on the common line between said Angel Field West. and the tract of lad described n dead to Southwest Guaranty Trust Company, w recorded in Collin County Clerk's number 96- 0105327; THENCE North 88 degrees 17 minutes 09 seconds West, departing said wast line ad along said common St.. a that. .0 81.62 feet to a point for comer; THENCE Nobe 01 degree 06 minutes 57 seconds East, contuming along said common It= a distance of 202.42 fact to a point fm; Ordinance No. 2927-7-10, Page 11 THENCE North 88 degrees 23 minutes 06 amends West, continuing along said common line, a distance of 292.19 feet to a point for comer on the cast line of mid Montgomery Farm Tract; THENCE South 01 degree 49 minutes 29 seconds West, departing said common line and along the common line between said Montgomery Farm Tract and said Southwest Guaranty Trust Company Tract, a distance of 110.00 fat to a point for comer, THENCE North 88 degrees 23 minutes 06 seconds West, departing said common line and across said Montgomery Farm Tract, a distance of 215.00 fat to a point for comer; THENCE North 01 degree 49 minutes 29 seconds East, continuing across said Montgomery Farr Tract, a distance of 346.36 fat to a point for comer THENCE North 01 degree 41 minutes 29 seconds East, passing the north line of said Montgomery Farm Tract, at a distance of 484.85 feet and continuing across; said 98.266 Aero Tract, for a total distance of 544.98 fat to a point for comer on said southerly right-of-way line, said point being the point of curvature of a nontangent circular curve to the 1e0, having a radius of 1133.50 feel, whose chord bears North 71 degrees 44 minutes 45 amends East, a distance of 178.22 fat; THENCE Northeasterly, along said southerly righlof-way and along said curve to the leo, through a central angel of 09 degrees 01 minute 04 amends for an arc distance of 178.40 fed to the point of tangency, THENCE North 67 degrees 14 minutes 13 seconds East, continuing along said southerly right-of-way a distance of 15027 fed to the point of curvature of circular curve to the right, having a radius of 101650 feet, whose chordbears North 72 degrees 45 minutes 45 smonds East, for a distance of 195.75 fat; THENCE Northeasterly, continuing along said southerly right -of -my and along said curve to the right, through a central angel of 11 degrees 03 minutes 03 seconds for an son distance of 196.06 fed to the point of curvature of a circular curve to the right, having a radius of 3152.01 fat, whose chord bears North 82 ' degrees 58 minutes 45 seconds East, a distance of 515.59 feet; THENCE Northeasterly, continuing along said southerly right -if -way and along said curve to the right, [trough a central angel of 09 degrees 22 minor= 57 seconds for an am distance of 516.16 fed m the POINT OF BEGINNING AND CONTAINING 1,033,753 square feet or 23.73 acres of land, more or less. Ordinance No. 2927-7-10, Page 12 TRACT 2A ' BEING a tract of land situated in the David H. No, Survey, Abstract No. 668, and the T.G. Kennedy Sarvey, Abstract No. 500, and being located in the City of Allen, Collin Comnty, Tess, and being a part of that tract of land described in deed to The Montgomery Farm Company as recorded in Volume 1033, Page 891 ofthe Deed Records of Collin County. Tess (D.RC.C.T.), and being a part of that beat of land described u 98266 Am Tract in dead m Emerson Farm Company, Ltd. as recorded in Volume 5034, Fags 158 of the Deed Records of Collin County, Teras (D.R.CC.TJ, and being mom particularly described as follows: COMMENCING at a point on the southeasterly line of that tract of land described m Tract B in Alma Road Right -of -Way Dedication Deed to the City of Allen, Teras tae recorded in County Clerks Document No. 03-0110815, D.R.C.C.T., mid point being the intersection of the southeasterly righto4way line of Anne Drive (variable width, 120 fact wide at this point) with the southerly right-of-way line of Bethany Drive (variable width right-of-way) as recorded in Volume 5136, Page 4915, D.R.C.C.T.; THENCE South P degrees 01 minute 03 seconds East, along mid southerly right-of-way ling, a distance of 29.28 fact to a point fm comer; THENCE South 34 degrees 03 minutes 33 awards East, continuing along mid south right-of-way line, a distance of 28.20 feet to the POINT OF BEGINNING; THENCE South 34 degrees 03 minutes 33 seconds But, continuing along mid south right-of-way line, a distance of 73.96 feet to the point of curvature of a circular curve to the left having a radius of 2020.50 fact, whose chord bears South 36 degrees 18 minutes 23 seconds East a distance of 158.45 feet; THENCE Easterly, caroming along said south right-of-way [me and along mid curve to the left, through a central angle of 04 degrees 29 minutes 40 seconds for an are distance of 158.49 fast to the point of compound curvature of a circular curve to the left having a radius of 600.00 fort. whom chord been, South 42 demes 06 minutes 22 seconds East a distance of 74.36 fact; THENCE Ew mrly, continuing along said south right-of-way line and along mid cmvc to the IeR, through a esntral angle of 07 degrees 06 minutes 19 seconds for an arc distance of 74.41 few to the point of reverse comatose of a circular curve to the right having a radius of 600.00 feet, whom chord beers South 43 degree. 43 minutes 59 rccoad. East a distance of,10.33 fact; ' THENCE Eertwly, continuing along mid south right-of-way line and along said curve to the right, through a central angle of 03 degrees 51 minutes 07 swords for an are distance of 40.34 fact to the point of reverse etnvatme of a circular curve to the left laving a rediae of 2015.50 fast, whom chord bears South 56 degrees 58 minutes 36 seconds East a distance of 1054.84 led; THENCE Easterly, continuing along mid south right-ut way line and along mid curve In the left, through a central angle of 30 degrees 20 minutes 23 seconds for an am distance of 1067.27 feet to a point fur comer, THENCE departing said south right-of-way line and over and scross the aforementioned Montgomery Farm Company tract, the following couraes and disten. to points far comers: South 13 degrees 32 minutes 45 seconds Wed a distance of 585.59 feet; South 43 degrees 02 minutes 28 seconds Wert a distance of 109.18 feet; Ordinance No. 2927-7-10, Page 13 North 22 degrees 55 minutes 58 seconds West a distance of 8817 feet; ' South 87 degrees 41 minutes 13 seconds West a distance of 169,42 feet; North 14 degrees 51 minutes 03 seocnds West a distance of96.04 feet; North 45 degrees 28 minutes 41 seconds West a distance of 117.50 feet; North 29 degrees 23 minutes 45 seconds West a distance of 600.88 feet; . North 36 degrees 34 minutes 14 amends West a distance of 78.04 feet South 89 degrees 31 minutes 48 seconds East a distance of 16.60 feet; North 71 degrees 29 minutes 25 seconds East a distance of 22.94 feet; North 16 degrees 31 minutes 04 seconds East a distance of 9.85 feet North 73 degrees 27 minutes 07 seconds West a distance of77.47 feet North 46 degrees 55 minutes 01 seconds, East a distance of 19.18 feet North 33 degrees 41 minutes 02 seconds West a distance of9.65 feet South 70 degrees 37 minutes 25 seconds West a distance of48.51 feet North 21 degrees 51 minutes 33 seconds West a distance of43.39 fort North 81 degrees 19 minutes 56 seconds West a distance of 123.25 fmt North 25 degrees 07 minutes 20 seconds West a distance of 86.11 feet; ' North 16 degrees 34 minutes 20 seconds West a distance of 107.31 feet; North 8 degrees 40 minutes 19 seconds East a distance of 113.26 feet; North 23 degrees 05 minutes 40 seconds West a distance of 36.83 fast; North 11 degrees 05 minutes 01 seconds East a distance of26.80 fed; North 25 degrees 23 minutes 59 seconds East a distance of 69.22 fed; North 16 degrees 26 minutes 18 seconds West a distance of 121.26 feet; ]HENCE North 55 degrees 56 minutes 17 seconds East a distance of 48.26 feet to the POINT OF BEGINNING and CONTAINING 590,087 square feet or 13.55 acres ofland, mare or less. Ordinance No. 2927-7-10, Page 14 TRACF2B ' BEING a tract of land situated vn the T.G. Kennedy Sorvey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being a pan of that batt of land described as 98266 Acro Tract I. dead so Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 00158 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being a part of that batt of land described in dad to The Montgomery Fore Company as recorded In Volume 1033, Page 891, D.R.C.C.T., and being mora particularly described as follows: COMMENCING at the northwest come of that tract of land described are Angel Field West in deed to Housman Farm Company, Ltd, as receded in Volume 5034, Page 00158, DAC.OT4 THENCE North 0 degree 41 minutes 29 seconds East, along the prolongation of the west line of said Angel Field West, a distance of 138.77 fact to a point on the south right-of-way line of Bethany Drive (variable width right-of-way); THENCE South 67 degrees 14 minutes 13 seconds West, along said south right-of-way line, a distance of 52.15 fret an the point of curvature of a circular curve to the right having a radius of 113350 feet, whose chord burs South 71 degrees 44 minutes 45 seconds West a distance of 178.22 feet; THENCE Wastmiy, continuing along said south right -of --way line and along said curve to dun right, through a central angle of 09 degrees OI minute 04 amends for an are distance of 178AO fat to the POINT OF BEGINNING; THENCE South 01 degree 41 minutes 29 seconds West, departing said south right-of-way line scull across mid Montgomery Farm Company baa, a dismnce of 544.98 feet m a point for comer, THENCE South 01 degree 49 minutes 29 seconds Wen, continuing across mid Montgomery Farm Company tract, a distance of 364.36 fcet m e point for comer; P THENCE South 88 degrees 23 minutes 06 seconds East, continuing across said Montgomery Fame Company tract, a distance of 215.00 feet to a point fe coma on the common line between mid Montgomery Farm Company tract and that beet of land described in deed to Southwest Guaranty Trust Company, Accepting Trustee of the William S. Montgomery Family Trust Oita Dated August 3, 1994 as receded in County Clerks Document No. 960105327, D.R.C.C.T.; THENCE Sou& 01 degree 49 minute 29 seconds West, continuing along said common line, a distance of 1484.18 fret to a point far coma; THENCE South 54 degrees 32 minutes 31 seconds East, continuing along mid common line, a distance of215.37 feet to a point for comer; THENCE South 03 degrees 48 minutes 31 seconds East, continuing along said common line, a distance of 261.32 feet to a point for comer, THENCE departing said common line and over and across said Montgomery Farm Company batt, the following comae. and distances to points for comers: North 40 degrees 02 minutes 05 seconds West a distance of 115.52 feet; North 23 degrees 27 minutes 55 seconds West a distance of 96.68 feet; Ordinance No. 2927-7-10, Page 15 North 37 degrees 21 minutes 52 seconds West a distance of 80.34 feet; North 51 degrees 28 minutes 35 sceonda West s distance of 352.18 feet; North 79 degrees 47 minutas 41 seconds Wert a distance of 246.16 Jeer; North 56 degrass 28 minutes 11 swon& West a distance of 252.96 fact•, North 65 degrees 05 minutes 17 sasonds West a distance of 279.98 feet; North 71 deices 33 minutes 21 seconds West a distance of 164.55 fat; North 86 ddgreu 31 minutes 20 seconds Weat a distance of 128.88 Fed; North 80 degrees 57 minutes 40 seconds West a distance of 56.20 feet; North 47 degrees 57 minutes 40 sasonds West a distance of It 9.00 fee; North 75 degrees 57 minutes 40 seconds Wast a distance of 71.00 feat; North 40 degrees 57 minutes 40 smonds Wast a distance of71.01 fee; North 24 degree 58 minute I 1 samods West a distorts, of 92.28 fee; Nath 48 degrees 20 minutes 46 seconds Wast a distmim of 146.85 feet; North 14 degrees 25 minutes 31 seconds West a distance of 153.47 fee; Nath t I degrees 26 minutes 05 seconds Fist a distance of 189.70 feet; Nath 04 degrees 17 minutes 38 amonds West a distance of 167.97 fec; North 19 degrees 20 minutes 58 seconds West a didama of 86.61 fact; 1 THENCE North 12 degrees 33 minutes 49 seconds East continuing across said Montgomery Form Compmry nett a distance of 381.32 fast to a point on a circular curve to the right having a radius of 1016.50 fee; whose chord hears South 74 degree 47 minutas 58 seconds East a distance .176324 fast, said pointbaing on the aforemdnnonod south right-of-way line of Bethany Drive; THENCE Southeasterly, continuing along said south rightof-way line and along said curve to the right, through a central angle of 03 degrees 33 minutes 55 seconds for an are distance of 63.25 fat to the point of tangency; THENCE South 73 degrees 01 minute 01 second East, continuing along said south righto6way line, a distance of 103.00 feet to the point of curvature of a circular curve to the left having a radius of 1133.50 feet, whose chord bears South 88 degrees 22 minutes 52 seconds Fast a distance of 600.65 feet; THENCE Easterly, continuing along said south rightof-way line and along said curve to the left, through a central angle of 30 degrees 43 minutes 42 seconds for a distance of 607.91 feet to the POINT OF BEGINNING AND CONTAININO 2,939,666 square feet or 67.49 ecru of land more or less. Ordinance No. 2927-7-10, Page 16 North 65 degrees 51 minutes 26 seconds West a distance of 117.36 fee; ' North 32 deerm 43 minutes 19 seconds East a distance of4630 feet South 88 cleanses 19 minutes 18 seconds East a distance of27936 fed; North 55 degrms 01 minute 07 seconds East a distance of 27235 fee; North 06 dearecs 05 minutes 31 seconds East a distanee of 507.21 fed; South 87 degrees 33 minutes 10 accords East a distance of229.08 fat; 1 THENCE North 12 degrees 33 minutes 49 seconds East continuing across said Montgomery Form Compmry nett a distance of 381.32 fast to a point on a circular curve to the right having a radius of 1016.50 fee; whose chord hears South 74 degree 47 minutas 58 seconds East a distance .176324 fast, said pointbaing on the aforemdnnonod south right-of-way line of Bethany Drive; THENCE Southeasterly, continuing along said south rightof-way line and along said curve to the right, through a central angle of 03 degrees 33 minutes 55 seconds for an are distance of 63.25 fat to the point of tangency; THENCE South 73 degrees 01 minute 01 second East, continuing along said south righto6way line, a distance of 103.00 feet to the point of curvature of a circular curve to the left having a radius of 1133.50 feet, whose chord bears South 88 degrees 22 minutes 52 seconds Fast a distance of 600.65 feet; THENCE Easterly, continuing along said south rightof-way line and along said curve to the left, through a central angle of 30 degrees 43 minutes 42 seconds for a distance of 607.91 feet to the POINT OF BEGINNING AND CONTAININO 2,939,666 square feet or 67.49 ecru of land more or less. Ordinance No. 2927-7-10, Page 16 I 1 Ordinance No. 2927-7-10, Page 17 True 3 HAMILTON HILLS ' BEING a trust of land situated in the David H. Nix Survey, Abstract No. 668, and the Jame Wilcox Survey, Abstract No. 1017, and being located in the City of Allen, Collin County, Texas, and being a part of that incl of land described in deed to Mantgonury Penn Company as recorded in Volume 1033, Page 891 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as follows; BEGINNING at a point for the most southwesterly comer or that tract of land described = Treat B in Almn Road Rlghtof-Way Dedication Deed to the City of Allen, Tax= at recorded in Document No. 03-0110815, D.R.C.C.T., said point being the intenecdon of the northwesterly righto4way line of Anna Drive (120 feet wide) with the wast Una of that and of Wed described as Tract 2 in dad to Bmenon Paan Company, Ltd. u recorded in Volute. 5105. Page 3414, D.R.C.C.T.; THENCE departing said northwesterly right-of-way line and across said Tract 2, the following courses and distance to pointe for comers: North 01 degree 38 minute 46 seconds E=l a distance of 141.07 fat; North Ol degree 09 minute 39 seconds But a distance of 1067.10 fat; North 84 degrees 52 minutes 41 seconds East a disimme of358.57 feet; North 85 degrees 50 ninutu 32 seconds E=t a distance of403.02 fat; North 87 degrees 09 mimtles 28 seconds But a distance of 118.96 fat; North 00 degrees 25 minutes 01 second Wet a distance of44.09 feet; ' North 01 degree 04 minutes 49 seconds West a distance of93.81 That South 89 degrees 50 minutes 34 seconds Past a distanco of 168.73 feet; 1 North 89 degrees 30 minutes 43 seconds Put a distance of 319.22 feet; THENCE North 89 degrees 37 minmea 11 aeconds E=t, a distance.£275.75 feet to a point on said northwesterly right-of-way lino; THENCE South 27 degrees 05 minutes 31 seconds West' continuing along said northwesterly right-of-way line, a distance of 487.40 feet to the point of curvature of a circular curve to the right having a radius of 1140.00 feet whose chord been South 44 degrees 56 minutes 11 amends Wet a distance of 698.67 feet; Page 2 o1`3 THENCE Westerly, continuing along said northwesterly right-of-way line and along said curve to the right, through a central angle of 35 degrees 41 minutes 20 seconds for an an: distance of 710.09 feet to a point for comer, THENCE South 62 degrees 46 minutes 51 seconds West, continuing along said northwesterly right-of-way line, a distance of 1067.98 feet to the POINT OF BEGINNING AND CONTAINING 1,348y03 square feet or 30.97 acres of land, more or less. Ordinance No. 2927-7-10, Page 18 I Tract 4 BEING a tract of land situated in the David H. Nin Survey, Abstract No. 668, and the T.G. Kemmdy Survey, Abstract No. 500, and bang located in the City of Allen, Collin County, Toms, and Ming a part of that tract of land described as Montgomery Southwest in deed to Emerson Farm Company, Ltd. as recorded in the Deed Records of Collin County, Texas (D.R.C.C.T.), and being a pan ofthat tract of land described as Tract 2 in deed to Emerson Farm Company, Ltd. as recorded in Volume 5105, Page 3414, D.R.C.C.T., and being apart of that tinct of land described as 98.266 Acre Tract in deed to Emerson Fenn Comp,my, Ltd. as recorded in Volume 5034, Page 159, D.ILQC.T., and being more particularly described as follows; BEGINNING at a Point on the southeasterly line of that uses of land described as Trot B in Alma Road Rightof.Way Dedication Deed to the City of Allen, Texas as recorded in County Clerles Document No. 03-0110815, D3LC.C.T., mid point being the intersection of the southsesterly right-of-way line of Akre Drivc (variable width, 120 feet wide at this point) with the southerly right-of-way line of Bethany Drive (variable width right-of-way) as recorded in Volume 5136, Page 4915, D.1LC.C.T.; THENCE South 77 degrees 01 minute 03 amends East, along said southerly right-of-way line, a distance of 29.28 feet to a point for earner, THENCE Easterly. continuing along mid south tightof-way line and along mid curve W the left, through central angle of 07 degrees 06 mmu s 19 seconds for an aro distance of 74.41 feet to the Point of reverse curvature of a circular curve W the right having a radius of 600.00 feet whom chord bean South 43 degrees 43 minutes 59 asconds East a distance of 40.33 feet: 71104CF Easterly, continuing along said moth right-of-way line and along said curve W the right, through a central angle of 03 degrees 51 minutes 07 seconds for an arc distance of 4034 feet W the point of reverse curvature of a circular curve W the left having a radius of 2015.50 fact, whose chord brans South 56 degrees 58 nannies 36 seconds East a distance of 1054.84 fact; THENCE Easterly, continuing .long said south rightof-way line and along said curve W the left, through a central angle of 30 degrees 20 minutes M amends for an as distance of 106727 Liars W a Point for coma; THENCE departing said moth righbof.way line and over and across the aformtwnrioned Montgomery Farm Compar, trees, the following course. and distances W Points for comes: South 13 degrees 32 minter 45 seconds West a distance of 585.59 feet; South 43 degrees M minutes 28 seconds West s dishrce of 109.18 feet; Ordinance No. 2927-7-10, Page 19 THENCE South 34 degrees 03 minutes 33 seconds East, continuing along said south right-of-way line, a distance of 102.16 feet W the Point of curvature of a circular curve to the left having a radius of 202050 feet, whose chord bear South 36 degrees 18 mnutes 23 amends East a distance of 158.45 feet; ' THENCE Easterly, continuing along mid south right-of-way line and along said curve to the left, through central angle of 04 degrees 29 minutes 40 seconds for an an, distance of 158.49 feet to the point of compound curvature of a circular curve to the left having a radius of 600.00 fact, whose chord bees South 42 degrees 06 annular 22 mounds East a distance of 74.36 feet; THENCE Easterly. continuing along mid south tightof-way line and along mid curve W the left, through central angle of 07 degrees 06 mmu s 19 seconds for an aro distance of 74.41 feet to the Point of reverse curvature of a circular curve W the right having a radius of 600.00 feet whom chord bean South 43 degrees 43 minutes 59 asconds East a distance of 40.33 feet: 71104CF Easterly, continuing along said moth right-of-way line and along said curve W the right, through a central angle of 03 degrees 51 minutes 07 seconds for an arc distance of 4034 feet W the point of reverse curvature of a circular curve W the left having a radius of 2015.50 fact, whose chord brans South 56 degrees 58 nannies 36 seconds East a distance of 1054.84 fact; THENCE Easterly, continuing .long said south rightof-way line and along said curve W the left, through a central angle of 30 degrees 20 minutes M amends for an as distance of 106727 Liars W a Point for coma; THENCE departing said moth righbof.way line and over and across the aformtwnrioned Montgomery Farm Compar, trees, the following course. and distances W Points for comes: South 13 degrees 32 minter 45 seconds West a distance of 585.59 feet; South 43 degrees M minutes 28 seconds West s dishrce of 109.18 feet; Ordinance No. 2927-7-10, Page 19 North 22 degrees 55 minutes 58 seconds West a distance of 88.27 feel; South 87 degrees 41 minutes 13 seconds West a distance of 169.42 feet; North 14 degrees 51 minutes, 03 seconds West a distance of 96.04 feet; North 45 degrees 28 minutes 41 seconds West a distance of 117.50 fed; North 29 degrees 23 minutes 45 seconds West a distance of 600.88 fed; North 36 degrees 34 minutes 14 seconds West a distance of 78.04 fed; South 87 degrees 06 minutes 47 seconds West a distance of 1,241.93 feet; North 15 degrees 00 minutes 49 seconds West a distance of 213.26 fed; North 27 degrees 13 minutes 09 seconds West a distance of 20.00 feet; THENCE North 62 degrees 46 minutes 51 seconds Faso along said southeasterly right of way line, a distance of 755.05 feet; THENCE North 62 degrees 47 minutes 02 seconds East, continuing along said southeasterly right-of-way line, a distance of 64.15 feet to a point for comer, THENCE North 62 degrees 46 minutes 51 seconds East, continuing along said southeasterly right-of-way line, a distance of 276.91 feet to the point of curvature of a circular curve to the left having a radius of 1260.00 feet, whose chord bears North 62 degrees 36 minutes 40 seconds East a distance of 7.46 fed; ' THENCE Northerly, continuing along said curve to the left, through a central angle of 00 degrees 20 minutes 21 seconds for an arc distance of 7.46 fed to a point for coma; L THENCE North 61 degrees 24 minutes 49 seconds East a distance of 45.21 feet to the POINT OF BEGINNING and CONTAINING 1,099,104 square feet or 25.23 acres of land, more or less. SAVE. AND EXCEPT : (next page) Ordinance No. 2927-7-10, Page 20 BEING s tract of land situated in the David H. Nix Survey, Abstract No. 668, and the T.G. Kcamedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Tuna, ' and being a pert of that trent of teed described as Montgomery Southwest in deed to Foramen un FaCompany, Ltd. as recorded in the Deed Records of Collin County, Texas (D.R.C.C.T.), and being a put of that Vint of land described as Tract 2 indeed to Emerson Farm Company, Ltd. so recorded in Volume 5105. Page 3414, D.R.C.C.T., and being a part of that tract of land described as 982266 Ase Tract in deed to Emerson Farm Company, Ltd as recorded in Volume 5034, Page 159, DRC.C.T., and being more particularly described as follows: BEGINNING at a point on the southeasterly line of that tract of land described as Tract B ir, Alma Road Rigin-of-Way, Dedication Deed to the City of Allen, Texas as recorded in County Clerks Document. No. 03-0110915, Ddi.C.C.T., said point being the intersection of the southeasterly right-of-way line of Alma Drive (variable width, 120 feet wide at this point) with the southerly right-ef--way line of Bethany Drive (variable width right-of-way) as recorded in Volume 5136, Page 4915, D.R.C.C.T.; THENCE Easterly, continuing along said south tight -of -way line and along said curve to the left through a central angle of 30 degrees 20 minutes 23 seconds for an am distance of 1067.27 feat to a point for comer, Ordinance No. 2927-7-30, Page 21 THENCE South 77 degrees 01 minute 03 seconds East, along said southerly rightoFway line, s distance of 29.28 feat to a point for comm; THENCE South 34 degrees 03 minutes 33 seconds East, continuing along said south rightof. way line, a distance of 102.16 feet to the point of curvature ofa circular curve to the left having a radius of 202030 feet whose chord been South 36 degrees 18 minutes 23 seconds East e distance of 158.45 feet; THENCE Easterly, continuing along said somb right-of-way line and along said curve to the left, through a central angle of 04 degrees 29 minutes 40 seconds for an am distance of I SSA9 feet to the point of compound curvature of a circular curve to the left having a radius of 600.00 feet, whose chord bears South 42 degrees 06 minutes 22 seconds East a distance of 7436 feet; THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a central angle of 07 degrees 06 minutes 19 seconds for an ate distance of 74.41 feel to ' the point of reverse wrvatum of a circular curve to the right having a radius of 600.00 fee. whose chord bears South 43 degrees 43 minutes 59 seconds East a distance of40.33 ft:et, THENCE Easterly, continuing along said south right-of-way line and along said curve to the right, through a central angle of 03 degrees 51 minutes 07 aeconds for an am distance of 40.34 feel to the point of reverse curvature of a circular curve to the left having a radius of 2015.50 feet, whose chord bean South 56 degas 58 minutes 36 seconds East a distance of 1054.84 feet; THENCE Easterly, continuing along said south tight -of -way line and along said curve to the left through a central angle of 30 degrees 20 minutes 23 seconds for an am distance of 1067.27 feat to a point for comer, Ordinance No. 2927-7-30, Page 21 THENCE departing said south rightol-way lino and over and serosa the aforementioned Montgomery Farm Company tract, the following courses and distances to points for comers: ' South 13 degrees 32 minutes 45 seconds West ad iManco of 585.59 feet; South 43 degrees 02 minutes 28 seconds West a distance of 109.18 feet; North 22 degrees 55 minutes 58 seconds West a distance of88.27 feet; South 87 degrees 41 minutes 13 seconds West a distance of 169.42 fee; North 14 degrees 51 minutes 03 seconds West a distance of 96.04 feet; North 45 degrees 28 minutes 41 seconds West a distance of 117.50 feet, North 29 degrees 23 minutes 45 seconds West a distance of 600.88 few; North 36 degrow 34 minutes 14 soeoods West a distance 01778.04 feet; South 89 degrees 31 minutes 48 seconds Fast a distance of 16.60 feet; North 71 degrees 29 minutes 25 seconds Fast a distance of22.94 few; North 16 degrees 31 minutes 04 seconds East a distance 0£9.85 feet; North 73 degrees 27 minutes 07 seconds West a distance of77.47 feet, North 46 degrees 55 minutes 01 second East a distance of 19.18 feet; North 33 dogmas 41 minutes 02 seconda West a distance of9.65 feat, ' South 70 degrees 37 minutes 25 seconds West a distance of4g.51 fee; North 21 degree; 51 minutes 33 seconds West a distance of43.39 fee; North 81 degrees 19 minutes 56 seconds West a distance of 123.25 few; C THENCE North 77 degrees 42 minutes 38 seconds Wast, a distance of 232.42 feet m the point of curvatura of circular curve to the right having a radius of 55.00 feet, whose chord bean Noah 32 degrees 23 minutes 30 seconds West a distance of 78.20 feet; THENCE Northerly, continuing along said curve to the right, through a central angle of 90 degrees 37 minutes 18 seconds for an am distance of86.99 feet to the point of reverse curvatura of a circular curve m the lett having a radius of20.00 feet, whose chord bears North 14 degrees 41 minutes 31 second. Wert a distance of 18.54 feat; Ordinance No. 2927-7-10, Page 22 THENCE Northerly, continuing along said curve to the left, through a central angle of 55 degrees 13 minutes 20 seconds for an am distance, of 19.28 feet to apoint for comer, THENCE North 42 degrees 17 minutes 52 seconds War, continuing a distance of 71.32 feet to the point of curvature of a circular curve to the right having a radius of 184.08 feet, whose chop boars North 29 degrees 28 minutes 01 second West a distance of 94.74 feet; THENCE Northerly, continuing along said curve to the right, through a central angle of 29 dogmas 49 minutes 23 seconds for an am distance of 95.82 fat to the point of compound curvature of a circular curve to the right having a radius of 325.84 feet, whose chord bears Nort 08 degrees 57 minutes 28 seconds West a distance of 63.56 fay THENCE Northerly, continuing along said curve to the right, through a central angle of 11 degrees 1 I minutes 42 seconds for an sur distance of 63.67 feet to the point of reverse curvature of a circular curve to the left having a radius of 135.66 feel, whose chord beazs North 15 degree 23 minutes 52 seconds West a distance of 56.59 fat; THENCE Northerly, continuing along said curve to the left, through a central angio of 24 degrees 04 minutes 33 seconds for an arc distance of 57.00 feet to a point for comer; THENCE North 27 degrees 26 minutes 08 seconds West a distance of 10.56 feet to a point for comer THENCE North 72 degrees 19 minutes 39 seconds West adistance of 28.34 fat to a point for coma on said southeasterly righbo&way line of Anna Drive; THENCE North 62 degrees 47 minutes 02 seconds But, along said southeasterly right-of-way line, a distance of 64.15 fat to a point for comer, ' THENCE North 62 degrees 46 minutes 51 seconds East, continuing along said southeasterly right-of-way line, a distance of 276,91 feat to the point of curvature of a circular curve to the ]of having a radius of 1260.00 feet, whose chord hears North 62 degrees 36 minutes 40 seconds Eat a distance of 7.46 feet; C THENCE Northerly, continuing along said curve to the tell, through a central angle of 00 degrees 20 minutes 21 seeonda for an am distance of 7.46 feel to a point for comer, THENCE North 61 degrees 24 minutes 49 seconds East a distance of 4521 feet to the POINT OF BEGINNING and CONTAINING 731,992 square feet or 16.80 acres of land, mom or less. Ordinance No. 2927-7-10, Page 23 BEGINNING at a point an the southeasterly line of that tract of land described W Tract B in Alma Road Right -of -Way Ordination Deed to the City of Allen, Texas as recorded in County Clerks Document No. 03-0110815, DA-C.C.T., mid point being the intersection of the southeasterly right-of-way line of Alma Drive (variable width, 120 feet wide at this point) with the northerly right-of-way line of Bethany Drive (variable width righter£ -way) as recorded in Volume 5136, Page 4915, D.RC.C.T., mid point aim being the beginning of a <hcultr curve to the left having a radius of 1260.00 feet, who. chord bran North 39 degrees 35 minutes 42 seconds East a dimmer, of 545.57 feet; THENCE Northerly, reorienting along said southeasterly right-of-way line and along said curve to the lett, through a central angle of 25 degrees 00 minutes 23 seconds for an are distance of 549.92 feel to a point for comer; THENCE North 27 degrees 05 minutes 31 seconds East, continuing along mid southeasterly right-of-way line, a distance of 549.80 feet to the a point for comer; THENCE departing mid southeasterly rightof-way line and over and across the aforementioned 98266 Are tract, the following courses and distances to paints for comers: North 89 degrees 37 minutes 1 I seconds End a distance of 89.38 feet; Sato 00 degrees 05 minutes 08 seconds Wert a distonee of 361.68 feet; South 00 degrees 13 mmmm 08 seconds Wed a distance of432.60 feet, ' South 00 degrees 34 minutes 47 seconds West a distance of 347.15 feet; South 88 degrees 46 minutes 23 seconds East a distance of 310.60 feet; 1 South 88 degrees 40 minutes 50 seconds East a distance of 383.76 fed; South 89 degrees 19 minutes 08 seconds East a distance of 103.41 feet; South" degrees 42 minutes 57 seconds Wed a distance of 517.31 feet; THENCE South 62 degrees 16 minutes 52 seconds Wed, a distance of 308.65 feet to a point on said northerly right -of- y line, said point also being on a non -tangent circular curve to the right having a radius of 816.50 fed, whom chord bean North 49 degrees 53 minutes 45 seconds West a distance of 144.66 feet; Ordinance No. 2927-7-10, Page 24 Tract 5 CONNEMARA CROSSING 18.59 ACRES ' BEING a Use of land situated in the David B. Nix Survey, Abstract No. 668, and the Michael See Survey, Abstract No. 543, and being located in the City of Allen, Collin County, Texas. and being a pan of that treat of land described as 98.266 Acre Tract in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (DA C.C.T.), and being a part of that tram of Land Described m Tract 2 in dead to Emerson Famn Company, Ltd. as recorded in Volume 5105, Page 3414, DA-C.C.T., and being more particularly dedabod m follows: BEGINNING at a point an the southeasterly line of that tract of land described W Tract B in Alma Road Right -of -Way Ordination Deed to the City of Allen, Texas as recorded in County Clerks Document No. 03-0110815, DA-C.C.T., mid point being the intersection of the southeasterly right-of-way line of Alma Drive (variable width, 120 feet wide at this point) with the northerly right-of-way line of Bethany Drive (variable width righter£ -way) as recorded in Volume 5136, Page 4915, D.RC.C.T., mid point aim being the beginning of a <hcultr curve to the left having a radius of 1260.00 feet, who. chord bran North 39 degrees 35 minutes 42 seconds East a dimmer, of 545.57 feet; THENCE Northerly, reorienting along said southeasterly right-of-way line and along said curve to the lett, through a central angle of 25 degrees 00 minutes 23 seconds for an are distance of 549.92 feel to a point for comer; THENCE North 27 degrees 05 minutes 31 seconds East, continuing along mid southeasterly right-of-way line, a distance of 549.80 feet to the a point for comer; THENCE departing mid southeasterly rightof-way line and over and across the aforementioned 98266 Are tract, the following courses and distances to paints for comers: North 89 degrees 37 minutes 1 I seconds End a distance of 89.38 feet; Sato 00 degrees 05 minutes 08 seconds Wert a distonee of 361.68 feet; South 00 degrees 13 mmmm 08 seconds Wed a distance of432.60 feet, ' South 00 degrees 34 minutes 47 seconds West a distance of 347.15 feet; South 88 degrees 46 minutes 23 seconds East a distance of 310.60 feet; 1 South 88 degrees 40 minutes 50 seconds East a distance of 383.76 fed; South 89 degrees 19 minutes 08 seconds East a distance of 103.41 feet; South" degrees 42 minutes 57 seconds Wed a distance of 517.31 feet; THENCE South 62 degrees 16 minutes 52 seconds Wed, a distance of 308.65 feet to a point on said northerly right -of- y line, said point also being on a non -tangent circular curve to the right having a radius of 816.50 fed, whom chord bean North 49 degrees 53 minutes 45 seconds West a distance of 144.66 feet; Ordinance No. 2927-7-10, Page 24 THENCE Northerly, continuing along said northerly right-of-way line and along said curve to the right, ' through a central angle of 10 degrees 09 minutes 51 seconds for an aro distance of 144.85 flat to a point for comer, THENCE North 44 degrees 48 minutes 49 seconds West continuing along said northerly right-of-way line, a distance of 128.51 feet to the point of curvature of a circular curve to the left having a radius of 1133.50 feet, whose chord bears North 52 degrees 16 minutes 57 seconds West a distance of 294.68 feet; THENCE Northerly, continuing along said northerly right-of-way line and said curve to the left, through a central angle of 14 degrees 56 minutes 15 seconds for an are, distance of 295.51 feet to a point for Comer; THENCE North 59 degrees 45 minutes 04 seconds West, continuing along said northerly right-of-way line, a distance of 107.29 feet to the point of curvature of a circular curve to the right having a radius of 966.50 feet, whose chord bears North 57 degrees 32 minutes 48 seconds West a distance of 74.36 feet; ]HENCE Northerly, continuing along said northerly right-of-way line and said curve to the right, through a emits] angle of 04 degrees 24 minutes 33 seconds for an aro distance of 74.38 feet to the point of compound curvature of a circular curve to the right having a radius of 600.00 feet, whose chord bears North 49 degrees 55 minutes 53 seconds West a distance of 113.15 feet; THENCE Northerly, continuing along said northerly rightof-way line and said curve to the right, through a central angle of 10 degrees 49 minutes 16 seconds for an arc distance of 113.32 feet to the point of curvature of a non -tangent curve to the right having a radius of 600.00 feet, whose chord bears North 45 degrees 46 minutes 58 seconds West a distance of 26.45 feel; THENCE Northerly, continuing along said northerly right -of -"y line and said Drove to the right, through a central angle of 02 degrees 31 minutes 33 seconds for an are: distance of 26.45 feet to the point of ' compound curvature of a circular curve to the right having a radius of 961.50 feet, whose chord bears North 40 degrees 33 minutes 10 seconds West a distance of 217.48 feet; THENCE Northerly, continuing along said northerly right-of-way line and said curve m the right, through a central angle of 12 degrees 59 minutes 14 seconds for an aro distance of 217.94 feet to a point for come, THENCE North 34 degrees 03 minutes 33 seconds West, continuing along said northerly right-of-way line, a distance of 18.10 feet to a point for corer; THENCE North 09 degrees 11 minutes 53 seconds East, a distance of 29.12 fee[ to the POINT OF BEGINNING and CONTAINING 809,656 square feet or 18.59 acres of land, more or less. Ordinance No. 2927-7-10, Page 25 iE 1 6 Q EXHIBIT "C" PLANNED DEVELOPMENT DISTRICT "lOSA" ANGEL FIELD WEST SUBAREA DEVELOPMENT REGULATIONS A. Angel Field West shall be developed in accordance with the Concept Plan attached to this Ordinance as shown on Exhibit "C-1" and the following Subarea Development Regulations: Base zoning district: "R-5" 2. Front yard setback: 15 feet 3. Minimum side yard setback: 0 feet, provided the minimum side yard for the side yard of a comer lot along a street shall be 10 feet 4. Minimum building separation: 10 feet 5. Minimum rear yard setback: 0 feet 6. Minimum lot width: 60 feet 7. Minimum lot depth: 120 feet 8. Maximum lot coverage: 60% ' B. In order to preserve existing trees, there shall be no minimum side and/or rear yard except as otherwise provided. C. Thoroughfares: All internal rights -of -ways shall be a minimum of forty-five (45) feet. Ordinance No. 2927-7-10, Page 27 I 1 EXHIBIT "C-1 CONCEPT PLAN FOR ANGEL FIELD WEST Y �w Concept Plan For Angel Field West HUITfA L4,RS At Montgomery Farm asareE31n, 3004 Allen, Collin County, Texas yW •LtyY^,""" .v a Y �w Concept Plan For Angel Field West HUITfA L4,RS At Montgomery Farm asareE31n, 3004 Allen, Collin County, Texas EXHIBIT "D" ' PLANNED DEVELOPMENT DISTRICT "105-B" IIAMILTON HILLS SUBAREA DEVELOPMENT REGULATIONS A. Purpose: Hamilton Hills is intended to provide a distinctive residential community consisting of a creative and cohesive arrangement of larger, almost estate homes on the east side of the drainage way that traverses the Subarea, and a combination of single family lot sizes on the west side of the drainage way. B. Concept Plan: The property within this Subarea shall be developed in general accordance with the Concept Plan set forth in Exhibit D-1 of this Ordinance. C. Development Standards for Residential Areas: Base Zoning District: For the areas designated as residential on the Concept Plan, the base zoning shall be "R-6" Single -Family Residential District as amended and as modified herein. Uses: Except as otherwise permitted herein, the only uses permitted in this Subarea shall be the following: a. Dwelling, Singe Family (Detached) b. Park or Playground ' c. d. Real Estate Sales Office (T) Cisterna C. Construction Office Cr) f. Construction Office (T) g. Home Occupation 1 Height and Area Regulations for residential areas: Front Yard Setback 10 feetta minimum of 20 feet must be provided between the garage door of a home and the adjacent right-of- way; the cisterna structure must be setback 15 feet from adjacent rights- of-way; any walls erected as part of a landscapelwater feature must be setback 10 feet from adjacent rights- of-way Side Yard Setback None Rear Yard Setback 10 feet Maximum height of building 35 fceN95 feet for cisterna Minimum lot area 6,000 sq. ft. Minimum lot width 50 feet Minimum lot depth 100 feet Minimum area per 2,000 sq. ft. residential dwelling unit Maximum lot coverage 55% Ordinance No. 2927-7-10, Page 29 4. As an exception to Section 8.06. Lot Design of the Allen Land Development Code, lots adjacent to open spaces, such as the lots at the northwest comer of the Property as shown on the Concept Plan, shall not be required to have frontage on a dedicated public street or public way provided such lots have driveway access provided to buildings on the lots from an improved street, alley, or public way. D. Thoroughfare: All internal rights-of-way shall be a minimum of 45 feet with a 10 foot pedestrian, utility/access easement located adjacent to each street. The minimum right-of-way for Tatum Drive shall be 60 feet with a 70 foot flare at the intersection with Alma Drive. E. Single family lots shall not have access to Bethany, Alma, or Tatum Drives. Ordinance No. 2927-7-10, Page 30 I EXHIBIT "D-1" HAMILTON HILLS DEVELOPMENT PLAN Ordinance No. 2927-7-10, Page 31 EXIIIBIT "E" ' PLANNED DEVELOPMENT DISTRICT "105-C" BETHANY MEWS SUBAREA DEVELOPMENT REGULATIONS General Standards A. Purpose: Bethany Mews is intended to provide a creative combination of residential uses in three subdistricts and a community center providing office uses for nonprofit entities and community uses. These subdistricts are: 1) the south side of Bethany Mews, consisting of R -7 -sized lots; 2) the north and east sides of Bethany Mews, consisting of townhome-sized lots; and 3) the Pecan Grove homes, containing smaller homes nestled within the existing pecan tree grove. B. Concept Plan: The property in this Subarea shall be developed in general accordance with the Concept Plan attached as Exhibit "E-1," to this Ordinance. C. Right -of -Way and Streets: 1. Classification: Streets will be private, designated as lots, and located within private access easements ("Private Streets'). Such private access easements shall include pedestrian walkways, landscape strips, utilities (public and private) and off-site parking. The minimum width for Private Streets shall be sixty (60) feet ' except for the Private Street adjacent to Lots 37 and Lots 43-50, which shall be fifty (50) feet. 2. Street Widths: The minimum street pavement width for Private Streets shall be twenty-four (24) feet (face to face of curbs, if any) provided that: 1) average daily trip volume on the Private Street does not exceed 1,000 vehicles; 2) on - street parking is prohibited; 3) off-site parking for homes is provided; and 4) the Private Street is designated as Residential. 3. Street Edges: Curbs are not required on median islands. Modified curbs consisting of stone and concrete or any other material approved by the City Engineer may be allowed throughout the rest of the development. 4. Street Parking: Street parking shall be prohibited on Private Streets except as otherwise shown on the Concept Plan. Prohibited parking areas shall be appropriately indicated prior to the occupancy of any structure on the Property. Off-street parking shall only be permitted in designated locations. D. Setbacks: No encroachment of any kind is allowed into private streeNutility easements. Eaves, steps, architectural elements, and other similar features may encroach a maximum of three (3) feet into building line setbacks as long as they do not cross lot lines. E. Sidewalks: Pedestrian sidewalks with a minimum width of four (4) feet are required as shown on the Concept Plan. Pedestrian paths or wandering walks shall be provided in ' other public or open areas. F. Driveways: Adjacent houses may combine access drives to serve two or more garages. Ordinance No. 2927-7-10, Page 32 The minimum width of these shared driveways shall be sixteen (16) feet. Shared ' driveways must generally conform to Illustrations F.l and F.2, below. The maneuvering space identified within the shared driveway shall be designated on the final plat as common area. Parking shall be prohibited within this maneuvering space and such restriction shall be enforceable by the Homeowners Association. Illustration F.1 SHARED DRIVEWAY N EXHIBIT FM BETHANY MEWS LOCATED SOUTHEAST OF THE INTERSECTION OF ALAMA DRIVE AND BETHANY DRIVE SCALE 1*12v COLLIN COUNTY,TEXAS CITY OF ALLEN BY SCALE IN FEE} HALFF ASSOCIATES, INC. 12225 GKENVLLE AVE. STE 200. GALLAS. TEXAS 75243 SCALE: 1'=20' AVO. 22537 AUGUST. 2007 1 of 2 \220008\22537\Betnony News-VIneywds.OGN=ExOIDIL5Nws00rlva.OB-CI-2007gpn I p 1 Illustration F.2 77�P-"o- SHARED DRIVEWAY N EXHIBIT I FOR BETHANY MEWS u LOCA SOUTHEAST OF THE INTERSECTION OF ALAMA DRIVE AND BETHANY DRIVE SCALE TWO' COLLIN COUNTY,TEXAS m CITY OF ALLEN By ELL E IN FEETw HALFF ASSOCIATES, INC. 12225 OREENVILLE AVE.STE 200.DALLAS.TEXAS 75243 SCALE, I'M AVO.22537 AUGUST. 2007 3 2 of 2 \Z2000s\32S]I\a09,any Ypva-VlrbyurO40GN{xMO1tSOwetlfrlvs-0q-1]-2007.Egn Ordinance No. 2927-7-10, Page 34 G. Parking: ' I. Off-site Ratio and Proximity: In addition to a minimum of four (4) parking on- site spaces per lot, 1.5 spaces per lot shall be provided in general conformance with the Parking Plan shown in Illustration G.1, below. 2. On -Site Garages: Side entry garages will be located a minimum of twenty-four (24) feet from adjacent side lot lines or parking and access easements will be provided on adjacent lots. Ordinance No. 2927-7-10, Page 35 II Illustration G.1 M mx , In t : t®, •® � m _r .:o Vol i �ro .. Halff Associates, Inc. On �u� -- Ordinance No. 2927-7-10, Page 36 e 0 � n �I •`h�l� Vol i �ro .. Halff Associates, Inc. On �u� -- Ordinance No. 2927-7-10, Page 36 H. Construction: ' I. Street and Sidewalk Materials & Finishes: Concrete with 20% fly ash and other materials approved by the City Engineer may be used for street markings and surfaces for Private Streets and sidewalks. Curbs: Stone and other alternative curb materials, configurations, and installation methods are permitted for Private Streets upon approval of the City Engineer. Porches: All homes, exclusive of the homes within the Pecan Grove subdistrict, shall have a porch within the front of the home. Homeowners Association: The Homeowners Association created pursuant to the Allen Land Development Code, or other private entity, shall maintain the Private Streets, common areas, storm drainage systems, and common infrastructure except for public water, sewer and drainage utilities and franchise utilities. IL Subdistrkts A. Subdistrict I: Development Regulations for Residential Areas on the South Side of Bethany Mews as shown on the Concept Plan 1. Base Zoning District: For the areas designated as Residential on the Concept ' Plan, the base zoning shall be "R-7" Single -Family Residential District as amended and as modified herein. 2. Permitted Uses: • Dwelling, Single Family (Detached) • Park or Playground • Real Estate Sales Office (Temp.) • Construction Office (Temp.) • Home Occupation 3. Schedule of Height and Area Regulations for "R-7" Single -Family Residential Areas: Front yard setback 0 feet; a minimum of 20 feet must be provided between a home's garage door facing a street and the closer of the edge of the sidewalk or the face of curb at driveway entrance Side yard setback None' Rear yard setback 10 feet Maximum height of building 35 feet Minimum lot area 5,000 sq. ft. Minimum lot width minimum of 3 lots Minimum lot depth 55 feet for Lot 37; 100 feet for all other areas Ordinance No. 2927-7-10, Page 37 Minimum area per 2,000 sq. ft. ' residential dwelling unit Maximum lot coverage 85% * Subject to the City's Building Code separation requirements Consolidation of Lots: Any structure to be built on Lots 15-36 on the south side of Bethany Mews must be constructed on at least three (3) contiguous lots. Prior to construction, the contiguous lots upon which a structure is to be built must be replanted into one (1) lot. Said replat shall be approved by the Director of Planning and Development as a minor plat within thirty (30) days of submittal of an application for replatting. Appeal of the decision of the Director of Planning and Development on a replat shall be in accordance with the Allen Land Development Code. B. Subdistrict 2: Development Regulations for the North and East Sides of Bethany Mews Base Zonina District: For the areas designated as Residential on the Concept Plan, the base zoning shall be "B-5" Single -Family Residential District as amended and as modified herein. 2. Permitted Uses: • Dwelling, Single Family (Detached) • Park or Playground ' • Home Occupation • Construction Office (Temp.) • Real Estate Sales Office (Temp.) 3. Schedule of Height and Area Repulations for "R-5" Townhome Residential Areas Front yard setback 0 feet; a minimum of 20 feet must be provided between a home's garage door facing a street and the closer of the edge of sidewalk or the face of curb at driveway entrance Side yard setback None* Rear yard setback 0 feet* Maximum height of building 35 feet Minimum lot area 2,000 sq. ft. Minimum lot width 55 feet Minimum lot depth I 100 feet Minimum area per residential dwelling unit 2,000 sq. ft. Maximum lot coverage 95% * Subject to the City's Building Code separation requirements ' 4. No lots shall have direct access to Bethany Drive. Ordinance No. 2927-7-10, Page 38 C. Subdistrict 3: Development Regulations for the Pecan Grove Homes: ' 1. Base Zoning District: For the areas designated as Residential on the Concept Plan, the base zoning shall be `R-7" Single -Family Residential District as amended and as modified herein. Either individual lots or a single lot with condominium style ownership may be permitted, limited to a maximum of eight (8) detached units. 2. Permitted Uses: • Dwelling, Single Family (Detached) • Dwelling, Condominium (Detached) • Park or Playground • Home Occupation • Real Estate Sales Office (Temp.) 3. Schedule of Height and Area Regulations for Residential Areas: Front Yard Setback 5 feet; a minimum of 20 feet must be provided between a home's garage door facing a facing a street and the closer of the edge of sidewalk or the face of curb at driveway entrance. Side Yard Setback None* Rear Yard Setback None* Maximum height of building 35 feet Minimum lot area 2,000 sq. ft. Minimum lot width None Minimum lot depth None Minimum area per residential dwelling unit 2,000 sq. ft. Maximum lot coverage None * Subject to the City's Building Code separation requirements 4. Concept Plan: The property shall be developed in general accordance with the Concept Plan attached as Exhibit "E -l." 5. Special Development Regulations for the Pecan Grove Homes: a. Within the Pecan Grove subdistrict, homes must provide at least two (2) parking spaces within a garage and one (1) additional space in the driveway. b. At least 2.5 parking spaces per unit for guest parking shall be provided within the Pecan Grove Home subdistrict or within the Community Center (Subdistrict 4). C. There shall be no minimum masonry exterior requirement. ' d. Sidewalks shall not be required for the Pecan Grove subdistrict. Ordinance No. 2927-7-10, Page 39 D. Subdistrict 4: Development Regulations for Community Center Area: ' 1. Base Zoning District: For the areas designated as Community Center on the enclosed Concept Plan, the base zoning shall be "CF" Community Facilities District as amended and as modified herein. 1 2. Permitted Uses: • Office Use • Community Center (and other uses providing community services) • Fraternal Org., Lodge, Civic Clubs • Museum, Library, Art Gallery (Public or Private) • Park or Playground • Restaurant (no drive-in or through) as an Accessory Use • Retail Store as an Accessory Use • Theater (limited to no more than 200 seats) • Winery/vineyard • Agriculture Use 3. Schedule of Height and Area Regulations for Residential Areas: Front yard setback 10 feet Side yard setback None* Rear yard setback 0 feet* Maximum height of building 35 feet Minimum lot area 2,000 sq. ft. Minimum lot width 25 feet Minimum lot depth 100 feet Maximum lot coverage 95% • Subject to the City's Building Code separation requirements Ordinance No. 2927-7-10. Page 40 EXHIBIT "E-1" ' BETHANY MEWS CONCEPT PLAN 1 II ..........�! �e 40 u uu u ii ,nnnm® 14 i F6;, ,,. lip. 666111111 K IN!II��::1N I1111M11,i61Fal iiillliliiil............1 . n1Bmm161iununn66i�� 33333 ::: c 3333333333331�I �� 61611616,1111:6;616111196„1,16EM\ 1111666666666666666666666611661ti X14 in: j� �I y t � oc0000r1l T Montgomery Ordinance No. 2927-7-10, Page 41 EXIIIBIT "E" ' CONNEMARA CROSSING PLANNED DEVELOPMENT DISTRICT "105-1)" SUBAREA DEVELOPMENT REGULATIONS I. General Standards A. Purpose: Connemara Crossing is intended to provide a distinctive residential community consisting of creative townhomes and detached single family homes surrounding a neighborhood retail center. The proposed zoning shall permit the flexibility of vertical mixed uses at the corner of Bethany Drive and Alma Drive at locations where the topography permits retail on the first floor at the same grade as other retail in the center and townhomes on the second floor at the same grade as other townhomes. B. Concept Plan: The property shall be developed in general accordance with the Concept Plan attached as Exhibit "F-1," to this Ordinance. C. Right of Way and Streets: 1. Classification: Streets will be private, designated as lots, and located within private access easements ("Private Streets"). Such private access easements shall include pedestrian walkways, landscape strips, utilities (public and private) and off-site parking. The minimum width for Private Streets shall be sixty 60 feet. ' 2. Street Widths: The minimum street pavement width for Private Streets shall be twenty-four (24) feet (face to face of curbs, if any) provided that: 1) average daily trip volume on the Private Street does not exceed 1,000 vehicles; 2) on - street parking is prohibited; 3) off-site parking for homes is provided; and 4) the Private Street is designated as residential. 3. Street Edges: Curbs are not required on median islands. Modified curbs consisting of stone and concrete or any other material approved by the City Engineer may be provided throughout the rest of the development. 4. Street Parking: Street parking shall be prohibited on Private Streets except as otherwise shown on the Concept Plan. Prohibited parking areas shall be appropriately indicated prior to the occupancy of any structure on the Property. Off- street parking shall only be permitted in designated locations. D. Setbacks: Except as otherwise provided herein, no encroachment of any kind is allowed into the Private Street. Eaves, steps, architectural elements, and other similar features may encroach a maximum of three (3) feet into the Private Street, provided such encroachment is twenty (20) feet above grade. Eaves, steps, architectural elements, and other similar features may encroach a maximum of three (3) feet into building line setbacks as long as they do not cross lot lines. E. Sidewalks: Pedestrian sidewalks with a minimum width of four (4) feet will be provided on both sides of all streets. ' F. Puking: Ordinance No. 2927-7-10, Page 42 _. ���,%r�� 00 � �� � , IIv���lr �j i:� �/l wi / ,� iI�;��� .... „� p�� � �� � „�� � 191 � � �: ��, ,..,% o- �.�3 � • ���.. �.�� X191 ��`'"� d Q, ��r � o � ., a �� ._.T. © ,,,, �, I o 1000 !���. . .�. ; � .� � • �� o .�i� 0-;�� -- ,... .;,� ���,�� � � �� . ��@�9— �=11a9 '® �-� G. Construction ' 1. Street and Sidewalk Materials & Finishes: Concrete with 20% fly ash and other materials approved by the City Engineer may be used for street markings and surfaces for Private Streets and sidewalks. 2. Curbs: Stone and other alternative curb materials, configurations, and installation methods are permitted for Private Streets upon approval of the City Engineer. H. Homeowners Association: The Homeowners Association created pursuant to the Allen Land Development Code, or other private entity, shall maintain the Private Streets, storm drainage systems, common areas, and common infrastructure except for public water, sewer and drainage utilities and franchise utilities. 1. Fencing: An eight (8) foot barrier fence will be constructed on the east side of Subdistrict B and the north side of Subdistrict A while maintaining the existing tree line, as approved by the Planning and Zoning Commission at the time of plat approval. II. Subdistrict A— "R-5" Single -Family Residential District Development Regulations for Subdistrict A, Single-family Residential Area. A. Base Zoning District: For Subdistrict A as defined on the Concept Plan, the base zoning ' shall be "R-5" Single -Family Residential District, as amended and as modified herein. B. Uses: Except as otherwise permitted herein, the only uses permitted in Subdistrict A shall be the following uses: Dwelling, Single Family (Detached) Park or Playground Private Streets Real Estate Sales Office (Temp.) Construction Office (Temp.) C. Schedule of Height and Area Regulations for Subdistrict A: Front yard setback 0 feet from the Private Streetta minimum of 20 feet must be provided between the street -facing garage door of a home and the closer of the edge of the sidewalk or two of curb at driveway entrance. Side yard setback None * Rear yard setback 10 feet Maximum height of building 35 feet Minimum lot area 5,000 sq. ft. Minimum lot width 50 feet Minimum lot depth 90 feet Minimum area per residential dwellin unit 2,500 sq. ft. Maximum lot covera a 85% Ordinance No. 2927-7-10, Page 44 Maximum floor area ratio NA ' *Subject to the City's Building Code separation requirement [II. Subdistrict B— "711^ Townhome Residential District Development Standards for Subdistrict B, Townhome Residential Area. A. Base Zoning District: For Subdistrict B as defined on the Concept Plan, the base zoning shall be "TIf Townhome Residential District, as amended and as modified herein. B. Uses: C. Except as otherwise permitted herein, the only uses permitted in Subdistrict B shall be the following uses: Dwelling, Single Family (Attached) Park or Playground Private Streets Real Estate Sales Office (Temp.) Construction Office (Temp.) 2. Uses permitted in both Subdistrict A and Subdistrict B shall be permitted in the central area of the site as set forth on the Concept Plan. This is intended to allow for a maximum of 10 townhomes to be built above retail uses. Schedule of Height and Area Regulations for Subdistrict B: Front yard setback 0 feet from the Private Street; 5.5 feet for garage doors Side yard setback None* Rear yard setback 10 feet (No rear yard setback required for residential uses above retail uses Maximum height of building 35 feet; 55 feet for mixed use buildings provided the tallest point of the mixed use structure does not exceed the tallest point of any of the existing residential units in the Watters Crossing Subdivision contiguous to the east of Connemara Crossing Minimum lot area 2,200 sq. ft. Minimum lot width 25 feet Minimum lot depth 90 feet Minimum area per 2,000 sq. R residential dwelling unit Maximum lot coverage 750H Maximum floor area ratio None *Subject to the City's Building Code separation requirement D. Supplemental Use Regulations: ' 1. Definition: For purposes of this Planned Development District 105-D, the term "townhome" means a single-family residence joined to another dwelling on one Ordinance No. 2927-7-10, Page 45 or more sides by a party wall with two (2) or more units with each unit located on ' an individual lot. 2. No more than ten (10) dwelling units shall be attached in one continuous row or group. 3. No dwelling unit shall be constructed above another dwelling unit. As shown on the Concept Plan, residential units may be constructed above first floor retail spaces in the location depicted on the Concept Plan. 4. Them shall be a side yard on each side of a contiguous row or group of dwellings of not less than six (6) feet. 5. Building elevations shall be submitted to the City Council for review and approval prior to the issuance of the first building permits for any Townhome. IV. Subdistrict C— "LR" Local Retail District Development Regulations for Subdistrict C, Retail Area. A. Base Zoning District: For Subdistrict C as defined on the Concept Plan, the base zoning shall be "LR" Local Retail District, as amended and as modified herein. B. Uses: ' The only uses permitted in Subdistrict C shall be the following uses Antique Shop Bakery or Confectionary Banks and Financial Institutions Beer & Wine Package Sales Bicycle Shop/Repair Service Book, Card or Novelty Shops Clinic, Medical Concrete Batch Plant (Temp.) Construction Office (Temp.) Convenience Store Day Care Facility Drug Store or Pharmacy, not to exceed 2,000 sq. ft. Fabrics or Needlework Shop Florist Hardware Store, not to exceed 2,000 sq. ft. Laundry/Dry Cleaning, Pick Up Only Museum, Library, Art Gallery (Public or Private) Nursery, Retail Plant Office Use Park or Playground Real Estate Sales Office (Temp.) ' Restaurant (No drive-in or through) Retail Store Veterinary Clinic Ordinance No. 2927-7-10, Page 46 ' C. Schedule of Height and Area Regulations for Subdistrict C: 1. Retail and mixed use structures shall comply with the following Height and Area Regulations: Front yard setback 10 feet* Side yard setback None* Rear yard setback None* Maximum height of building 35 feet/55 feet if residential on second floor provided the tallest point of the mixed use structure does not exceed the tallest point of any of the existing residential units in the Watters Crossing Subdivision contiguous to the eastern boundary of Connemara Ctossing Minimum lot area None Minimum lot width None Minimum lot depth None Maximum lot coverage 85% Maximum floor area ratio 0.30:1 subject to the City's Building Code separation requirement I2. Structures with residential uses only shall comply with the Height and Area Regulations set forth for Subdistrict B in Section D above. Ordinance No. 2927-7-10, Page 47 C F EXHIBIT "F-1^ CONNEMARA CROSSING CONCEPT PLAN war s Ordinance No. 2927-7-10, Page 48 1 I� aE it a ( I Ordinance No. 2927-7-10, Page 48 E,'UMIT "G" ' PLANNED DEVELOPMENT DISTRICT "105-E" MONTGOMERY FARM ESTATES SUBAREA DEVELOPMENT REGULATIONS 1 Base Zoning District: Development shall comply with the "A -O", Agriculture/ Open Space District regulations. Ordinance No. 2927-7-10, Page 49