O-2811-3-09ORDINANCE NO. 2811-3-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE
PERMIT NO. 107 TO ALLOW A FUELING STATION ON 23191 ACRES OF LAND
ZONED PLANNED DEVELOPMENT NO. 3 SC — SHOPPING CENTER, AND
BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, ELEVATIONS AND FUELING TRUCK ROUTE ATTACHED
HERETO AS EXHIBITS 'B," "C," AND "D"RESPECTIVELY; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, 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 fav 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 Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas as previously amended,
' should be amended.
NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting Specific Use Pennit No. 107 for a fueling station for 2.319f acres
of land zoned Planned Development No. 3 SC — Shopping Center and being further described in Exhibit "A,"
attached hereto and made a part hereof for all purposes.
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and as amended herein, and subject to
the following special conditions:
1. The Specific Use Permit shall terminate six (6) months after the adoption of this ordinance
unless a certificate of occupancy has been issued for that use within that time period, or an
extension has been granted as provided in Allen Land Development Code Section.
2. The property shall be developed and used only in accordance with the Site Plan, Elevations,
and Fueling Truck Route, attached hereto as Exhibits "B," "C," and "D," respectively, which
are made a part hereof for all purposes, and which are hereby approved.
3. A three foot landscape screening is placed along the common boundary between said
property and the F.N.B. Addition, Lot 1, Block A property; in addition to the standard
landscaping requirements specified in the Allen Land Development Code.
' SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and
the same are hereby, repealed; provided, however, that all other previsions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or
of 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 force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, turn or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations of the City
of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000) for each offense.
SECTION 7. 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 2e DAY OF MARCH, 2009.
APPROVED:
' Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
6�Q
Peter G. Smith, CITY ATTORNEY Shelley B. Geo` e, TRMC, CITVACRETARY
I
Ordinance No. 2811-3-09, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' Tract 1
LEGAL DESCRIPTION
1.271 ACRES
WILLIAM PERRY SURVEY A-708
COLLIN COUNTY, TEXAS
BEING a 1.271 acre tract of land situated in the William Perry Survey, Abstract Number 708, Collin County,
Texas, and being a part of a called 4.3087 acre tract described as Tract I, in a deed to CD & A Ventures, Ltd.,
recorded in Volume 5871, Page 3104, Official Public Records, Collin County, Texas, said 1.271 acre tract
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch bent iron rod found in the North right-of-way line of Bethany Drive (a 120' public
right-of-way) for the Southwest comer of a called 8.108 acre tract described in a deed to Allen Commercial
Partnership, recorded in County Clerks File Number 96-0051225, Official Public Records, Collin County,
Texas, and the Southeast comer of said Tract 1;
THENCE North 21003'56" West, with said North right-of-way line, a distance of 320.90 feet to 5/8 inch
capped von rod (stamped "BHB INC.") set for the Southwest comer of said Tract 1;
THENCE North 30035'00" East, leaving said North right-of-way line, passing at a distance of 20.15 feet, a
1/2 inch capped iron rod found for the Southeast comer of Tract A2R, Allen Business Centre, an addition to
the City of Allen, Collin County, Texas, according to the plat thereof recorded in Cabinet Z, Slide 934, Plat
' Records, Collin County, Tcxas, and continuing a total distance of 120.38 feet to a 5/8 inch capped iron rod
(stamped "BHB INC.') set for the Northwest comer hereof, from which a capped iron rod (stamped "DC&A")
found for the Northeast comer of said Tract A2R bears, North 30035'00" East, a distance of 415.12 feet;
THENCE South 59025'00" East, over and across said Tract 1, a distance of 251.75 feet to a 5/8 inch capped
iron rod (stamped "BHB INC.") set in the East line of said Tract I and the West line of said 8.108 acre tract
for the Northeast comer hereof, from which a 1/2 inch iron rod found for the Southeast comer of a called
1.588 acre tract of land described as Tract II, in a deed to CD & A Ventures, Ltd., recorded in Volume 5871,
Page 3104, Deed Records, Collin County, Texas, said Tract II also being described as Tract KA, Allen
Business Centre, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded
in Cabinet F, Slide 724, Plat Records, Collin County, Texas, and the Southwest corner of Tract M of said
Allen Business Centre, hears North 30'35'57" East, a distance of 523.71 feet;
THENCE South 30035'57" West, continuing with said East and West lines, a distance of 319.49 feet to the
POINT OF BEGINNING and CONTAINING 1.271 acres or 55,361 sq. ft. of land, more or less.
Ordinance No. 2811-3-09, Page 3
Tract 2
' LEGAL DESCRIPTION
1.492 ACRES
WILLIAM PERRY SURVEY A-708
COLLIN COUNTY, TEXAS
BEING a 1.492 acre tract of land situated in the William Perry Survey, Abstract Number 708, Collin County,
Texas, and being a part of a called 8.108 acre tract of land described in a deed to Allen Commercial
Partnership, recorded in County Clerk's File Number 96-0051225, Official Public Records, Collin County,
Texas, said 1.492 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch bent iron rod found in the North right-of-way line of Bethany Drive (a 120' public
right-of-way) for the Southeast comer of a called 4.3087 acre tract of land described as Tract I in a deed to
CD & A Ventures, Ltd., recorded in Volume 5871, Page 3104, Deed Records, Collin County, Texas, and the
Southwest comer of said 8.108 acre tract;
THENCE North 30035'57" East, with the East line of said Tract 1 and the West line of said 8.108 acre tract, a
distance of 349.49 feet to a 5/8 inch capped iron rod (stamped "BHB INC.") set for the Northwest comer
hereof, from which a 1/2 inch von rod found in the West line of said 8.108 acre tract, for the Southeast comer
of Tract KA, Allen Business Centre II, an addition to the City of Allen, Collin County, Texas, according to
the plat thereof recorded in Cabinet F, Slide 724, Plat Records, Collin County, Texas, same being a called
1.588 acre tract of land identified as Tract 11, recorded in Volume 5871, Page 3104, Deed Records, Collin
County, Texas, the Southwest comer of Tract M of said Allen Business Centre II, the Northeast comer of said
Tract I, bears North 30°35'57" East, a distance of 493.71 feet;
' THENCE South 59°25'00" East, over and across said 8.108 acre tract, a distance of 154.51 feet to a 5/8 inch
capped iron rod (stamped "BHB INC.") set in the West line of Lot 1, Block A, First National Bank, an
addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Cabinet F, Slide
396, Plat Records, Collin County, Texas, from which a capped iron rod found (stamped "RPLS 2230") bears
North 31013'55" East, a distance of 79.95 feet;
THENCE South 30035'00" West, with said East and West lines, a distance of 215.58 feet to a 5/8 inch
capped iron rod (stamped "BHB INC.") set for an ell comer;
THENCE South 59025'00" East, a distance of 10.00 feet to an X cut in concrete found for comer; from which
a TXDOT brass monument found in the West right-of-way line of State Highway Number 5 (a.k.a. Greenville
Avenue - a variable width public right-of-way) bears South 59019'14" East, a distance of 280.06 feet;
THENCE South 30035'00" West, a distance of 245.94 feet to an X cut in concrete set in said North right-of-
way line for the beginning of a non -tangent curve to the right having a radius of 545.87 feet, a central angle of
12034'09" and a long chord which bears North 27035'10" West, 119.51 feet;
THENCE with said non -tangent curve to the right an arc distance of 119.75 feet to a 5/8 inch capped iron rod
(stamped "BHB INC.") set for the end of said curve;
THENCE North 21010'03" West, with said North right-of-way line, a distance of 79.16 feet to the POINT
OF BEGINNING and CONTAINING 1.492 acres or 65,000 sq. R. of land more or less.
1
Ordinance No. 2811-3-09, Page 4
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