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O-2300-6-04WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OFALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Collin County, Texas, as amended, be, and the same are hereby, amended by amending and increasing the area of Planned Development No. 76, Ordinance No. 1649-10-98, as heretofore amended, by granting a change in zoning from Planned Development No. 76 for R5 Single Family Residential to Planned Development No. 76 for RS Single Family Residential uses with amended development regulations on Tract "A" (Bethany Heights) on 68.29± acres in the Michael See Survey, Abstract No. 543, the T.G. Kennedy Survey, Abstract No. 500, and the David H. Nis Survey, Abstract No. 668, City of Allen, Collin County, Texas, from AO Agriculture Open Space to Planned Development No. 76 for Office and Retail uses on Tract "B" (Angel Field Wellness Center) on 19.84± acres of land in the T.G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas, and from AO Agriculture Open Space to Planned Development No. 76 for TH Townhome residential use on Tract "C" (Angel Field Estates East) on 11.96± ORDINANCE NO. 2300-6-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING AND INCREASING THE AREA OF PLANNED DEVELOPMENT NO. 76, ORDINANCE NO. 1649-10.98, BY GRANTING A CHANGE IN ZONING FROM (i) PLANNED DEVELOPMENT NO. 76 R5 SINGLE FAMILY RESIDENTIAL TO PLANNED DEVELOPMENT NO. 76 R5 SINGLE FAMILY RESIDENTIAL WITH AMENDED DEVELOPMENT STANDARDS ON TRACT "A" (BETHANY HEIGHTS) ON 68.291 ACRES IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, AND THE DAVID H. NIX SURVEY, ABSTRACT NO. 668; (ii) AO AGRICULTURE OPEN SPACE TO PLANNED DEVELOPMENTNO. 76 FOR OFFICE AND RETAIL USES ON TRACT "B" (ANGEL FIELD WELLNESS CENTER) ON 19.84± ACRES OF LAND IN THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS; AND (iii) AO AGRICULTURE OPEN SPACE TO PLANNED DEVELOPMENT NO. 76 FOR TH TOWNHOME RESIDENTIAL USES ON TRACT "C" (ANGEL FIELD ESTATES EAST) ON 11.961 ACRES OF LAND IN THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS ' EXHIBIT `B"; AND PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "C"; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OFTHE CITY OFALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Collin County, Texas, as amended, be, and the same are hereby, amended by amending and increasing the area of Planned Development No. 76, Ordinance No. 1649-10-98, as heretofore amended, by granting a change in zoning from Planned Development No. 76 for R5 Single Family Residential to Planned Development No. 76 for RS Single Family Residential uses with amended development regulations on Tract "A" (Bethany Heights) on 68.29± acres in the Michael See Survey, Abstract No. 543, the T.G. Kennedy Survey, Abstract No. 500, and the David H. Nis Survey, Abstract No. 668, City of Allen, Collin County, Texas, from AO Agriculture Open Space to Planned Development No. 76 for Office and Retail uses on Tract "B" (Angel Field Wellness Center) on 19.84± acres of land in the T.G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas, and from AO Agriculture Open Space to Planned Development No. 76 for TH Townhome residential use on Tract "C" (Angel Field Estates East) on 11.96± acres of land in the T.G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. ' SECTION 2. The property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit `B" and which is hereby approved, and in accordance with the Development Regulations attached hereto as Exhibit "C." SECTION3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION4. Should any word, sentence, paragraph,subdivision,clause, phrase or section of this ordinance, orof the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, as amended hereby, which shall remain in full tome and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Allen Land Development Code Zoning Regulations, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum oftwo thousand dollars ($2,000) for each offense. SECTION?. 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 13ru DAY OF JULY, 2004. APPROVED: z4- e-- e��x Stephen TemB, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, C ATTORNEY Shelley B. Geo TRMC, C ECRETARY Ordinance No. 2300-6-04 Page 2 EXHIBIT "A" METES AND BOUNDS DESCRIPTION TRACT A BETHANY HEIGHTS BEING a tract of land situated in the Michael See Survey, Abstract No. 543, the T.G. Kennedy Survey, AbstractNo. 500, and the David H. Nix Survey, Abstract No. 668, and being located in the City of Allen, Collin County, Texas, and being a part ofthat tract of land described as 98.266 Acre Tract in deed to Emerson Faun Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as follows: COMMENCING at the southwest comer of that tract of land described as Right -of -Way Bethany Drive in Deed to the City of Allen, Texas as recorded in Volume 3918, Page 1167, D.R.C.C.T; THENCE North 00 degrees 19 minutes 51 seconds West, along the west line of said City of Allen tract, a distance of 37.00 feet to the POINT OF BEGINNING; THENCE South 89 degrees 40 minutes 09 seconds West, departing said west line, a distance of 500.00 feet to the point ofcurvature of a circularcurve to the left having a radius of 500.00 feet, whose chord bears South 77 degrees 37 minutes 04 seconds West, a distance of 208.79 feet; THENCE Westerly, along said curve to the left, through a central angle of 24 degrees 06 minutes 09 seconds for an arc distance of 210.33 feet to the end of said curve; TT -INCE South 01 degree 41 minutes 29 seconds West, a distance of 175.22 feet to a pointloroomer 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 67 degrees 14 minutes 13 seconds West, along said southerly rightof--way line, a distance of 52.15 feet to the point of curvature of a circular curve to the right having a radius of 1133.50 feet, whose chord bears South 87 degrees 06 minutes 36 seconds West, a distance of 770.64 feet; THENCE Westerly, continuing along said southerly right-of-way line and along said curve to the right, through a central angle of 39 degrees 44 minutes 46 seconds for an arc distance of 786.31 feet to the point of tangency; THENCE North 73 degrees 01 minute 01 second West, continuing along said southerly right-of-way line, a distance of 103.00 feet to the point of curvature of a circular curve to the left having a radius of 1016.50 feet, whose chord bears North 83 degrees 22 minutes 08 seconds West, a distance of 365.31 feet; Ti -INCE Westerly, continuing along said southerly right-of-way line and along said curve to the left, through a central angle of20 degrees 42 minutes 13 seconds loran arc distance of367.31 feettothe point ofreversecurvature of a circular curve to the right having a radius of 2015.50 feet, whose chord bears North 80 degrees 55 minutes 55 seconds West, a distance of 892.27 feet; THENCE Westerly, continuing along said southerly right-of-way line and along said curve to the right, through a central angle of 25 degrees 34 minutes 37 seconds for an arc distance of 899.72 feet to the end of said curve; ' THENCE North OS degrees 13 minutes 08 seconds West, departing said southerly right-of-way line and across said Bethany Drive right-of-way, a distance of 173.33 feet to the point of intersection of the northerly right-of-way line of said Bethany Drive with the west line of that tract of land described in Notice of Restriction as recorded in Volume 5355, Page 1756, D.R.C.C.T; Ordinance No. 2300-6-04, Page 3 THENCE North 62 degrees 16 minutes 52 seconds East, along said west line, a distance of 308.65 feet to a point for corner, ' THENCE North 44 degrees 42 minutes 57 seconds East, along said west line, a distance of 517.31 feet to a point for the intersection of said west line with the south line of Watters Crossing ll, an addition to the City of Allen as recorded in Cabinet 1, Page 277 of the Plat Records of Collin County, Texas (P.R.C.C.T.); THENCE South 89 degrees 19 minutes 08 seconds East, departing said west line and along said south line, a distance of 124.00 feet to a point for comer, THENCE South 88 degrees 28 minutes 36 seconds East, continuing along said south line, a distance of 145.40 feet to a point for comer; THENCE South 89 degrees 08 minutes 20 seconds East, continuing along said south line, a distance of350.21 feet to a point for corner; THENCE South 88 degrees 55 minutes 21 seconds East, continuing along said south line, a distance of373.09 feet to a point for the southeast comer of said Watters Crossing 11 Addition; THENCE North 00 degrees 03 minutes 01 second East, departing said south line and along the most southerly east line of said Watters Crossing H Addition, a distance of 339.52 feet to a point for comer, THENCE North 00 degrees 09 minutes 23 seconds West, continuing along said east line, a distance of 235.27 feet to the most westerly southwest comer of Allen Elementary School No. 7, an addition to said City of Allen as recorded in Cabinet J, Page 264, P.R.C.C.T., said point also being on the south right-of-way line of Newport Drive (60 feet wide); ' THENCE South 89 degrees 57 minutes 35 seconds East, departing said east line and along the south line of said Allen Elementary School No. 7 Addition and said south right-of-way line, a distance of 2.69 feet to the point of curvature of a circular curve to the right having a radius of220.00 feet, whose chord bears South 77 degrees 52 minutes 20 seconds East, a distance of 92.52 feet; THENCE Southeasterly, continuing along said south line and said south right-of-way line and along said curve to the right, through a central angle of 24 degrees 16 minutes 38 seconds for an arc distance of 93.22 feet to the point of tangency; THENCE South 65 degrees 44 minutes 01 second East, continuing along said south line and said south right-of-way line, a distance of 115.49 feet to the point of curvature of a circular curve to the left having a radius of 1280.00 feet, whose chord bears South 78 degrees 14 minutes 19 seconds East, a distance of 554.30 feet; THENCE Southeasterly, continuing along said south line and said south right -of --way line and along said curve to the left, through a central angle of 25 degrees 00 minutes 36 seconds for an arc distance of 558.73 feet to the point of tangency; THENCENorth 89 degrees 15 minutes 23 seconds East, continuing along said south line and said south right-of-way line, a distance of 56.11 feet to a point for the southeast corner of said Allen Elementary School No. 7 Addition, said point also being the intersection of said south rightof-way, line with the east right-of-way line of Seeport Drive (50 feet wide); THENCE North 00 degrees 44 minutes 37 seconds West, departing said south line and said south right-of-way line and along the east line of said Allen Elementary School No. 7 Addition and said east right-of-way line, a distance of 810.00 feet to a point for the northeast comer of said Allen Elementary School No. 7 Addition; Ordinance No. 2300-6-04, Page 4 THENCE North 88 degrees 49 minutes 53 seconds East, departing said east line and said east right-of-way line and along the westerly south line of Walters Crossing 1, an addition to said City of Allen, Texas as recorded in Cabinet H, ' Page 709, P.R.C.C.T, a distance of 219.59 feet to a point for comer; THENCENorth 88 degrees 27 minutes 45 seconds East, continuing along said south line, a distance of225.79 feet to a point for comer, I THENCE South 01 degree 05 minutes 57 seconds East, departing said westerly south line and along the southerly west line of said Watters Crossing 1 Addition, a distance of 298.21 feet to a point for comer, THENCE South 00 degrees 59 minutes 14 seconds East, continuing along said west line, a distance of 344.13 feetm a point for corner; THENCE South 01 degree 02 minutes 38 seconds East, continuing along said west line, a distance of229.97 feet to a point for corner; THENCE South 00 degrees 38 minutes 54 seconds East, continuing along said west line, a distance of 450.30 feetto a point for comer; THENCE South 00 degrees 19 minutes 51 seconds East, continuing along said west line, at a distance of 462.89 feet passing the common most southerly southwest comer of the aforementioned Walters Crossing I Addition and northwest comer of the aforementioned City of Allen Right -of -Way tract, and continuing along the west line of said City of Allen tract for a total distance of490.89 feet to the POINT OF BEGINNING AND CONTAINING 2,974,632 square feet or 6829 acres of land, more or less. Ordinance No. 2300-6-04, Page 5 EXHIBIT "A" METES AND BOUNDS DESCRIPTION ' TRACT B ANGEL FIELD WELLNESS CENTER BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being parts of those tracts of land described as Angel Field West and Angel Field East in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (D.R.C.C.T.): COMMENCING at the southwest corner ofthat tract of land described as Right -of -Way Bethany Drive in Deed to the City of Allen, Texas as recorded in Volume 3918, Page 1167, D.R.C.C.T.; THENCE South 71 degrees 26 minutes 26 seconds East, a distance of 84.23 feet to the POINT OF BEGINNING, said point being 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., said point also being on a circular curve to the right having a radius of 3152.01 feet, whose chord bears North 88 degrees 01 minute 03 seconds East, a distance of 38.20 feet; THENCE Easterly, along said southerly right-of-way line and said curve to the right, through a central angle of 00 degrees 41 minutes 40 seconds for an arc distance of 38.20 feet to the point of tangency; ' THENCE North 88 degrees 21 minutes 53 seconds East, continuing along said southerly right-of-way line, a distance of 301.05 feet to the point of curvature of a circular curve to the right having a radius of 2466.49 feet, whose chord bears North 89 degrees 48 minutes 32 seconds East, a distance of 124.31 feet; THENCE Easterly, continuing along said southerly right-of-way line and along said curve to the right, through a central angle of 02 degrees 53 minutes 17 seconds for an am distance of 124.33 feet to the point of tangency; THENCE South 88 degrees 44 minutes 50 seconds East, continuing along said southerly right-of-way line, a distance of 154.28 feet to a point for comer; THENCE South 66 degrees 09 minutes 20 seconds East, continuing along said southerly right-of-way line, a distance of 149.58 feet to a point for comer; THENCE South 88 degrees 45 minutes 46 seconds East, continuing along said southerly right-of-way line, a distance of 73.58 feet to a point for corner in Watters Branch, also known as Little Rowlett Creek, said point also being on the east line of the aforementioned Angel Field East; THENCE Southerly, departing said southerly right-of-way line and following the meanders of said Watters Branch and along said east line, the following calls: South 33 degrees 59 minutes 13 seconds East, a distance of 86.10 feet; South 00 degrees 51 minutes 12 seconds East, a distance of 92.75 feet; South 32 degrees 30 minutes 52 seconds East, a distance of 75.76 feet; ' South 55 degrees 07 minutes 42 seconds East, a distance of 89.26 feet; South 14 degrees 04 minutes 38 seconds East, a distance of 170.25 feet; South 39 degrees 45 minutes 32 seconds West, a distance of 97.75 feet; South 17 degrees 50 minutes 06 seconds East, a distance of 87.75 feet; South 37 degrees 11 minutes 26 seconds East, a distance of 74.57 feet; South 20 degrees 16 minutes 18 seconds East, a distance of 98.35 feet; Ordinance No. 2300804, Page 6 South 57 degrees 36 minutes 18 seconds West, a distance of 59.10 feet; South 00 degrees 15 minutes 24 seconds East, a distance of 76.57 feet; ' South 41 degrees 03 minutes 02 seconds East, a distance of 119.12 feet; South 31 degrees 34 minutes 38 seconds East, a distance of 221.83 feet; South 01 degree 55 minutes 19 seconds East, a distance of 105.98 feet; THENCENorth 88 degrees 18 minutes 25 seconds West, departing the aforementioned Watters Branch and east line of Angel Field East and along the south line of said Angel Field East, a distance of 152.15 feet to a point for comer; THENCE Northerly, departing south line of said Angel Field Ent with the following calls: North 01 degrees 54 minutes 28 seconds West, a distance of 36.58 feet; North 07 degrees 25 minutes 35 seconds West, a distance of 47.45 feet; North 02 degrees 18 minutes 18 seconds East, a distance of 43.48 feet; North 00 degrees 03 minutes 39 seconds East, a distance of 69.70 feet; North 29 degrees 43 minutes 10 seconds West, a distance of 119.59 feet; North 82 degrees 44 minutes 16 seconds West, a distance of 192.60 feet; South 66 degrees 15 minutes 26 seconds West, a distance of 52.46 feet; South 26 degrees 51 minutes 27 seconds West, a distance of 48.40 feet; South 00 degrees 00 minutes 00 seconds West a distance of 89.78 feet to the point of curvature of a circular curve to the left having a radius of 1833.97 whose chord bears North 88 degrees 26 minutes 18 seconds West, a distance of 247.87 feet; THENCE Westerly, along said curve to the left, through a central angle of 07 degrees 44 minutes 59 seconds for an arc distance of 248.06 feet to the end of said curve; THENCE Northerly with the following calls: North 02 degrees 20 minutes 28 seconds West, a distance of 112.43 feet; North 06 degrees 16 minutes 58 seconds West, a distance of 62.08 feet; North 05 degrees 27 minutes 29 seconds West, a distance of 75.91 feet; North 15 degrees 40 minutes 46 seconds West, a distance of 31.28 feet; North 44 degrees 20 minutes 48 seconds West, a distance of 24.08 feet; North 89 degrees 53 minutes 09 seconds West, a distance of 83.27 feet; North 00 degrees 00 minutes 00 seconds East, a distance of 66.29 feet; North 04 degrees 00 minutes 00 seconds East, a distance of 18.98 feet; North 84 degrees 45 minutes 24 seconds West, a distance of 140.61 feet; North 04 degrees 27 minutes 06 seconds West, a distance of 189.81 feet; North 85 degrees 58 minutes 09 seconds West, a distance of 274.11 feet to the point of curvature of a circular curve to the left having a radius of 1040.75 whose chord bears North 15 degrees 19 minutes 50 seconds East a distance of 169.55 feet; THENCE Northerly, along said curve to the left, through a central angle of 09 degrees 20 minutes 40 seconds for an arc distance of 169.74 feet to the point of compound curvature of a non -tangent curve to the left having a radius of 312.00 feet, whose chord bears North 07 degrees 00 minutes 43 seconds East, a distance of 51.64 feet; THENCE Northerly, along said curve to the left, through a central angle of 09 degrees 29 minutes 37 seconds for ' an arc distance of 51.70 feet to the end of said curve; THENCE North 00 degrees 13 minutes 04 seconds East, a distance of 280.02 feet to a point for corner; THENCENorth 45 degrees 57 minutes 32 seconds West, a distance of 34.63 feet to the POINT OF BEGINNING AND CONTAINING 864,139 square feet or 19.84 acres of land, more or less. Ordinance No. 2300-6-04, Page 7 EXHIBIT "A" METES AND BOUNDS DESCRIPTION ' TRACF C ANGEL FIELDS ESTATES EAST BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being parts ofthose tracts of land described as Angel Field West and Angel Field East in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (D.R.C.C.T.): COMMENCING at the southwest comer ofthat tract of land described as Right -of -Way Bethany Drive in Deed to the City of Allen, Texas as recorded in Volume 3918, Page 1167, D.R.C.C.T.; THENCE South 02 degrees 56 minutes 41 seconds East, a distance of 1290.63 feet to the POINT OF BEGINNING, said point being on the southerly line of said Angel Field West; THENCE North 02 degrees 20 minutes 30 seconds East, departing said south line, a distance of 301.43 feet to the point of curvature of a circular curve to the right having a radius of 1095.00 feet, whose chord bears North I 1 degrees 18 minutes 22 seconds East, a distance of 341.25 feet; THENCE Northerly, along said curve to the right, through a central angle of 17 degrees 55 minutes 44 seconds for an are distance of 342.65 feet to the point of tangency; THENCE North 20 degrees 16 minutes 14 seconds East, departing said south line, a distance of 112.68 feet to the point of curvature of a non -tangent curve to the left having a radius of 1040.75 feet, whose chord bears North 20 degrees 03 minutes 09 seconds East, a distance of 1.80 feet; THENCE Northerly, along said curve to the left, through a central angle of 00 degrees 05 minutes 58 seconds for an aro distance of 1.80 feet to a point for corner; THENCE Southeasterly the following calls: South 85 degrees 58 minutes 09 seconds East a distance of 274.11 feet South 04 degrees 27 minutes 06 seconds East a distance of 189.81 feet; South 84 degrees 45 minutes 24 seconds East a distance of 140.61 feet; South 04 degrees 00 minutes 00 seconds West a distance of 18.98 feet; South 00 degrees 00 minutes 00 seconds West a distance of 66.29 feet; North 89 degrees 53 minutes 09 seconds East a distance of 83.27 feet; South 44 degrees 20 minutes 48 seconds East a distance of 24.08 feet; South 15 degrees 40 minutes 46 seconds East a distance of 31.28 feet; South 05 degrees 27 minutes 29 seconds East a distance of 75.91 feet; South 06 degrees 16 minutes 58 seconds East a distance of 62.08 feet; South 02 degrees 20 minutes 28 seconds East a distance of 112.43 feet to the point of curvature of a circular curve to the right having a radius of 1833.97 whose chord bears South 88 degrees 26 minutes 18 seconds East a distance of 247.87 feet; ' THENCE Easterly, along said curve to the left, through a central angle of 07 degrees 44 minutes 59 seconds for an arc distance of 248.06 feet to the end of said curve; THENCE Southerly with the following calls: North 00 degrees 00 minutes 00 seconds East a distance of 89.78 feet; Ordinance No. 2300-6-04, Page 8 North 26 degrees 51 minutes 27 seconds East a distance of 48.40 feet; ' North 66 degrees 15 minutes 26 seconds East a distance of 52.46 feet; South 82 degrees 44 minutes 16 seconds East a distance of 192.60 feet; South 29 degrees 43 minutes 10 seconds East a distance of 119.59 feet; South 00 degrees 03 minutes 39 seconds West a distance of 69.70 feet; South 02 degrees 18 minutes 18 seconds West a distance of 43.48 feet; South 07 degrees 25 minutes 35 seconds East a distance of 47.45 feet; South 01 degrees 54 minutes 28 seconds East a distance of 36.58 feet; THENCE North 88 degrees 18 minutes 25 seconds West, along the south line of said Angel Field East, a distance of 1185.43 feet to the common southwest corner of said Angel Field East and southeast comer of the aforementioned Angel Field West; THENCE North 88 degrees 17 minutes 09 seconds West, departing the south line of said Angel Field East and along the south line of said Angel Field West, a distance of 34.00 feet to the POINT OF BEGINNING AND CONTAINING 521,089 square feet or 11.96 acres of land, more or less. Ordinance No. 2300-6-04 Page9 w a z 0 V F �i ['q H w Ordinance No. 2300-6-04. Page 11 EXHIBIT "C" ' DEVELOPMENT REGULATIONS TRACTS A. B & C A detailed Site Plan shall be submitted for review and approval by the Planning and Zoning Commission and the City Council prior to the submission and approval of a preliminary plat for any portion of the property (the "Site Plan'. Tract A —Bethany Heiehts 1. BASE ZONING DISTRICT: Tract A shall be developed and used only in accordance with the R5 Single - Family Residential zoning district regulations of the zoning regulations of the Allen Land Development Code, except as otherwise provided herein. 2. PERMITTED USES: The only uses permitted on Tract A(Bethany Heights) are those uses permitted in the R5 Single -Family Residential zoning district except as otherwise provided herein. 3. CONCEPT PLAN: Tract A shall be developed in general conformance with the Concept Plan. Minor modifications to streetsthat do not alterthe general alignment shown on the Concept Plan may be made at the time of Site Plan approval. The Concept Plan shall satisfy the requirement for a General Development Plan. 4. DENSITY: The maximum number of units shall be 240. 5. LOT AREA: The minimum lot area shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. ' 6. LOT WIDTH: The minimum lot width shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 7. LOT DEPTH: The minimum lot depth shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 8. YARD DEPTH: The minimum yard depth shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 9. YARD WIDTH: The minimum yard width shall he in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 10. MAXIMUM BUILDING HEIGHT: 2.5 Stories not to exceed 35 feet in height. 11. MAXIMUM LOT COVERAGE: 75 percent 12. EXTERIOR BUILDING MATERIALS: The minimum exterior building materials shall be in accordance with the Allen Land Development Code unless otherwise set forth in the approved Site Plan. 13. OPEN SPACE AND MINIMUM PARKLAND: Open Space, as set forth on the Concept Plan, shall satisfy the Open Space and Parkland dedications for the Property provided the City and the property owner(s) enter into an agreement prior to the submission of a site plan for any portion of the property governing, the dedication and maintenance of open space, flood plain and park land, otherwise the property shall be subject to the Allen Land Development Code requirements for open space, dedication offlood plain and park land, or payment of fees in lieu of park land dedication. Ordinance No. 2300-6-04. Page 11 14.STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan, 15.ALLEYS: Alleys shall only be required in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. Tract B—Aneel Field Wellness Center BASE ZONING DISTRICT: Tract B shall be used and developed only in accordance with LR Local Retail District Regulations of the zoning regulations of the Allen Land development Code, except as otherwise provided herein 2. PERMITTED USES: The only uses permitted on Tract B(Angel Field Wellness Center) are those uses listed below: • Bakery or Confectionery • Banks and financial institutions (accessory uses) • Book, card or novelty shops • Clinic, medical • Concrete Batch Plant (temporary) • Construction office (temporary) • Convenience store (accessory use) • Day care facility • Drug store or pharmacy (accessory uses) • Fitness and Health center • Florist Gymnastics/athletics Laundry/dry cleaning, pick-up only Office use • Park or playground (public) • Real estate sales office (temp) • Restaurant (no drive-in or through) • Retail store (accessory use) • Swim or tennis club 3. CONCEPT PLAN: Tract B shall be developed in general conformance with the Concept Plan. Minor modifrcationsto streets that do not alter the general alignment shown on the Concept Plan may be made at the time of approval of Site Plan approval. The Concept Plan satisfies the City's requirement for a General Development Plan. 4. LOTAREA: The minimum lot area shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 5. LOT WIDTH: The minimum lot width shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 6. LOT DEPTH: The minimum lot depth shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. ' 7. YARD DEPTH: The minimum yard depth shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. S. YARD WIDTH: The minimum yard width shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. Ordinance No. 2300-6.04, Page 12 9. MAXIMUM BUILDING HEIGHT: 3 stories not to exceed 35 feet, unless otherwise set forth on the approved Site Plan. ' 10. MAXIMUM FLOOR AREA RATIO: 1.0:1 11. MAXIMUM LOT COVERAGE: 75 percent 12. EXTERIOR BUILDING MATERIALS: The minimum exterior building materials shall be in accordance with the base zoning district unless otherwise set forth on the approved Site Plan. 13. OPEN SPACE AND MINIMUM PARKLAND: Open Space, as set forth on the Concept Plan, shall satisfy the Open Space and Parkland dedications for the Property provided the City and the property owner(s) enter into an agreement prior to the submission of a site plan for any portion of the property governing, the dedication and maintenance of open space, flood plain and park land, otherwise the property shall be subject to the Allen Land Development Code requirements for open space, dedication of flood plain and park land, or payment of fees in lieu of park land dedication. 14. STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with the base zoning district unless otherwise set forth in the approved Site Plan. 15. ALLEYS: Alleys shall be required in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. Tract C— Angel Field Townhomes Tract I. BASE ZONING DISTRICT: Tract C shall be used and developed in accordance with TH Townhome Residential Zoning District Regulations of the zoning regulations of the Allen Land Development Code, except as otherwise provided herein. 2. PERMITTED USES: The only uses permitted on Tract C are those uses permitted in TH Townhome Residential Zoning District, except as otherwise set forth herein. 3. CONCEPT PLAN: Tract C shall be used and developed in general conformance with the Concept Plan. Minor modifications to streets that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan approval. The Concept Plan shall satisfy the requirement for a General Development Plan. 4. DENSITY: The number of townhomes shall be limited to 10.8 units per acre 5. LOT AREA: The minimum lot area shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. 6. LOT WIDTH: The minimum lot width shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. 7. LOT DEPTH: The minimum lot depth shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. 8. YARD DEPTH: The minimum yard depth shall be in accordance with the Allen Land Development Code ' set forth on the approved Site Plan. 9. YARD WIDTH: The minimum yard width shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. Ordinance No. 2300-6-04, Page 13 10. MAXIMUM BUILDING HEIGHT: 2.5 stories not to exceed 35 feet in height. ' 11. MAXIMUM LAT COVERAGE: 75 percent 12. MINIMUM BUILDING MATERIALS: The minimum building materials shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. I 13. OPEN SPACE AND MINIMUM PARKLAND: Open Space, as set forth on the Concept Plan, shall satisfy the Open Space and Parkland dedications for the Property provided the City and the property owner(s) enter into an agreement prior to the submission of a site plan for any portion of the property governing, the dedication and maintenance of open space, flood plain and park land, otherwise the property shall be subject to the Allen Land Development Code requirements for open space, dedication of flood plain and park land, or payment of fees in lieu of park land dedication. 14. STREET DESIGN STANDARDS: The minimum street design standards shall be in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. 15. ALLEYS: Alleys shall only be required in accordance with the Allen Land Development Code unless otherwise set forth on the approved Site Plan. Ordinance No. 2300-604, Page 14 `-- OR z �� �1 q@ .. Y.mirH o »'ems k€ sa'o9E__u-'[ so�e'iE—�oViY]. i-�oTi F 5_ i1 S. J I 4r,ia� ra /1�--� ; -,ate :s,a � � � � � � ;; �y•�j�_�� Y RIP G} 441 pe A I 11 e " 52,4 Ogg 64 n HIM wl 8 \ XAli 07 I.�1.h52 IV Oda dd / s , / § � \ �§ / §|5F \ §|\§|K||§/§ §�§| \ |E §§§§KK��i;K■§ §| \ �§ / §|5F \ / §|5F §�§| \ |E §| n...e.