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Home My WebLink AboutO-2197-7-03ORDINANCE NO. 2197-7-03 ' 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 GRANTING A CHANGE IN ZONING FOR TRACT 1 OF PLANNED DEVELOPMENT NO. 68, ORDINANCE NO. 16157-98, AS AMENDED, TO ADD SERVICE STATION/CONVENIENCE STORE AS A PERMITTED USE AND AUTOMOBILE CAR WASH AS AN ACCESSORY USE OR IN LIEU OF SUCH USES TO ALLOW A BANK OR ANOTHER TYPE OF FINANCIAL. INSTITUTION AND A SPECIALTY COFFEE SHOP BUSINESS SERVING MAINLY COFFEE/ESPRESSO DRINKS WITH DRIVE-THROUGH AND WALK-UP SERVICE AS A PERMITTED USE FOR 1.1932± ACRES OUT OF THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708; BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REVISED CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR A REPEALING 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 ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, 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 m the vicinity thereof, and in the exercise of its legislative discretion, the City Council has 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 IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code, Zoning Regulations, and Zoning Map of the City of Allen, Texas, as previously amended be amended by granting a change in zoning for Tract 1 of Planned Development No. 68, Ordinance No. 1615-7-98, as heretofore amended, to allow the following alternative uses:(a) service station/convenience store as a permitted use and an automobile car wash as an accessory use to such use; or (b) in lieu of uses in (a) to allow a bank or another type of financial institution and a specialty coffee shop business serving mainly coffee/espresso drinks with drive-through and walk-up service as permitted uses, but not both (a) and (b), for 1.1932± acres of land out of the William Perrin Survey, Abstract No. 708 and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. Ordinance No. 1615-7-98 amending the development conditions for Tract 1 of Planned Development No. 68 as heretofore amended shall be subject to the following conditions: "VI. General Requirements of the Planned Unit Development G. All restaurants shall be full service/sit/down type, except as otherwise provided. Restaurants are not allowed to utilize drive -thin or walk-up windows, except as otherwise provided. "W 1. Parcel Specific Requirements. ' A. Parcel One 1. Uses allowed within this Parcel shall be limited to: (a) service station/cor venience store, with the use of an automobile car wash as an accessory to the main use; or (b) a bank or another type of financial institution and a specialty coffee shop business serving mainly coffee/espresso drinks with drive-through and walk-up service, but the uses in both (a) and (b)P SECTION 3. The property shall be used only in the manner as described on the Revised Concept Plan for Parcel 1, attached hereto and made a part hereof as Exhibit "B, and which is hereby approved. SECTION 4. 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 5. All ordinances of the City of Allen in conflict wrth the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not m conflict herewith shall remain in full force and effect. SECTION 6. Planned Development No. 68, Ordinance No. 1615-7-98, as amended by Ordinance Nos. 1728-5-99, and 1946-5-01, shall continue in full force and effect, except as amended herein. SECTION 7. Should any word, sentence, paragraph, subdivision, clause, pbrase or section of this ordinance, or ' of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 8. 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 fomrer law is continued in effect for this purpose. SECTION 9. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Allen Land Development Code 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. 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. Ordinance No. 2197-7-03. Page 2 1 DULY PASSED AND APPROVED BY TBE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22"o DAY OF JULY, 2003. APPROVED AS TO FORM: K��r G. Smith, ATTORNEYG. Smith, ATTORNEY APPROVED: Stephe�MAYOR ATTEST: Shelley B. George, Tkmc, CITY SECRETARY Ordinance No. 2197-7-03 Page 3 EXMIT "A" ' LEGAL DESCRIPTION 1.193 ACRES BEING a tract of land out of the WILLIAM PERRIN SURVEY, Abstract No. 708, in the City of Allen, Collin County, Texas, being all of Lot 1, Block 1 of Allen Tech Center Addition, an addition to the City of Allen according to the plat thereof recorded in Cabinet M, Page 588 of the Map Records of Collin County, Texas and being more particularly described as follows: BEGINNING at an "X" set in concrete in the east right-of-way line of U.S. Highway No. 75 (variable width ROW) for the southwest comer of Lot 4A, Block 1 of Allen Tech Center Addition, an addition to the City of Allen according to the plat thereof recorded in Cabinet L, Page 921 of the Map Records of Collin County, Texas; THENCE with the south line of said Lot 4A, South 81 °33'26" East, a distance of 196.81 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" (hereinafter called 5/8' iron rod set) from which an "X" in concrete found for the northwest corner Lot 2, Block 1 of Allen Tech Center Addition, an addition to the City of Allen according to the plat thereof recorded in Cabinet I, Page 376 of the Map Records of Collin County, Texas bears North 02150'25" West, 20.62 feet; THENCE with the west line of said Lot 2, South 02150'25" East, a distance of 220.73 feet to a 5/8" iron rod set in the north right-of-way line of Bethany Drive (110' ROW at this point) from which a pk nail found for the southwest comer of said Lot 2 bears South 02150'25": East, 11.00 feet, said iron rod beginning the beginning of a non -tangent curve to the right, having a central angle of 02°22'33", a radius of 662.22 feet and a chord bearing and distance of South 87'16'09" West, 27.46 feet; THENCE with said north right-of-way line, the following courses and distances to wit: Southeasterly, with said curve, an arc distance of 27.46 feet to a 5/8" iron rod set for comer; South 88025'30" West, a distance of 184.36 feet to a 5/8" iron rod set for comer; North 38°46'17" West, a distance of 46.65 feet to a 5/8" iron rod set in the east right-of-way line of said U.S. Highway No. 75 from which a 3/8" iron rod found bears South 21-35'54" West, 0.35 feet; THENCE with said east right-of-way, the following courses and distances to wit: North 14°01'57" East, a distance of 29.78 feet to a 5/8" iron rod set for comer; North 08123'28" East, a distance of 192.53 feet to the POINT OF BEGINNING and containing 1.193 acres of land. Bearing system based on the monuments found in the west line of Lot 2, Block 1 of Allen Tech Center Addition, an addition to the City of Allen according to the plat thereof recorded in Cabinet I, Page 376 of the Map Records of Collin County, Texas. Ordinance No. 2197-7-03, Page 4 11 I EJIMIT `B" Revised Concept Plan for Parcel 1 Ordinance No. 2197-7-03, Page 5 Ub`ry'RAL �w.� - I i I , � I 1 F IUD ®i . F� 11' i�l IF i l i GSOYM PLAN ANX rrca CiN DR NX OF UB H AND _O � ��_ DIIIQIDRIne 604E PLAN •rfaANr aoeD ACLIN, rvxm __ ee= non= Ordinance No. 2197-7-03, Page 5