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Home My WebLink AboutO-1722-5-99ORDINANCE NO. 1722-5-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 26, TRACT 4, BY GRANTING A SPECIFIC USE PERMIT (SUP) FOR SERVICE STATION ON 1.2343 ACRES IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, CITY OF ALLEN, COLLIN COUNTY, AND BEING FARTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A SITE PLAN AND EXTERIOR ELEVATIONS ATTACHED HERETO AS EXHIBIT "B" AND EXHIBIT "C", RESPECTIVELY; PROVIDING FOR CONDITIONS ATTACHED HERETO AS EXHIBIT "D", PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVII)ING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by amending Planned Development No. 26, Tract 4, by granting a Specific Use Perni t for service station on the following -described tract of land: 1.2343 acres in the Michael See Survey, Abstract No.543, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a pan hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exterior elevation, and special conditions attached hereto as Exhibits "B", "C", and "D", which are made pan thereof for all purposes. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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 provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law ' and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That any person, fur or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 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 ($2,1100) for each offense. SECTION 8. That 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 TILS THE 6TH DAY OF MAY, 1999. :717[1/ t Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY juify monWon, CMC, CITY SECRETARY Ordim mee No. 1722-5-99 ' I LEGAL DESCRIPTION BEING a tract of land situated in the City of Allen, Collin County, Texas out of the Michael See Survey, Abstract No. 543 and being part of a 14.8778 acre described tract of land conveyed to Randall's Properties, Inc. according to the deed filed for record in Collin County Clerk's File Numbers 98-0132096 and 98-0132097, Deed Records, Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the south right-of-way line of McDermott Drive (Variable R.O.W.), the most northerly northwest comer of said 14.8778 acre tract; THENCE, along said south right-of-way line, South 89 degrees, 40 minutes, 38 seconds East, a distance of 207.47 feet to a point; THENCE, departing said south right-of-way line, South 00 degrees, 19 minutes, 22 seconds West, a distance of 234.50 feet to a point; THENCE, North 89 degrees, 40 minutes, 38 seconds West, a distance of 239.63 feet to a point in the east right-of-way line of Alma Drive (Variable R.O.W.); THENCE, along said east right -of --way line, North 13 degrees, 58 minutes, 00 seconds East, a distance of 36.49 feet to a point, the beginning of a non -tangent curve to the left with a tangent bearing of North 03 degrees, 16 minutes, 54 seconds East; THENCE, continuing along said east right-of-way line, along said curve to the left through a central angle of 02 degrees, 54 minutes, 22 seconds, a radius of 1380.03 feet, an are length of 70.00 feet, a chord bearing of North Ol degrees, 49 minutes, 43 seconds East, a chord distance of 69.99 feet to a point, the end of said curve; THENCE, continuing along said east rigbi-of-way line, North 00 degrees, 22 minutes, 31 seconds East, a distance of 107.50 feet to a point; THENCE, North 45 degrees, 22 minutes, 30 seconds East, a distance of 30.54 feet to the Point of Beginning and containing 53,764 square feet, or 12343 acres of land, more or less. EXHIBIT A ' Ordinance No. 1722-5-99 _ �� Int �� • y �R j{ • •i, . �� 4� �!S !i� �� vi=a ¢�= dsrd 1 A _-J— i �A - _�.__:_ — sir ' EXHIBIT D CONDITIONS FOR S.U.P FOR SERVICE STATION AT THE SOUTHEAST CORNER OF ALMA DRIVE AND McDERMOTT DRIVE A. Site Plan and Elevations: The property shall be developed and used only in accordance with the site plan and elevations attached to and made part of the ordinance. B. Building Height: No building or other structure or improvement shall exceed a height of two stories and shall not exceed 24 feet in height. C. Building Construction: The front and sides of all buildings erected or placed on this tract shall be constructed only of brick and/or glass. The rear wall of the buildings may be constructed of aggregate tilt wall in addition to or in lieu of any of the foregoing materials. Additional architectural enhancements will be included in the building elevations to break up the large expanse of brick. D. Fence: Prior to issuance of a Building Permit of any improvements on this tract, an eight -foot masonry wall shall be constructed along the full length of the eastern and southern boundary lines of Tract 4 of PD 26. E. Building Orientation: No building shall be constructed on this tract with the rear of such building facing McDermott Drive. F. Lighting: Lighting shall be limited to down light only. All lighting shall be hooded and fully shielded. G. Structural Design: The external design of the building shall be in conformity and harmony with neighboring structures and sites, in Tract 4 of PD 26, if any. H. Screening: All air conditioning units and mechanical equipment and dumpsters shall be screened from view of adjacent properties and public rights-of-way. 1 Ordinance No. 172t-5-99