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Home My WebLink AboutO-3115-10-12ORDINANCE NO. 3115-10-12 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 A CHANGE IN ZONING FOR 1.31;k ACRES IN THE GRIZZLE KENNEDY SURVEY, ABSTRACT NO.499, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A" HERETO, FROM PLANNED DEVELOPMENT "PD" NO. 106 FOR SHOPPING CENTER "SC" WITH A CAR WASH USE TO PLANNED DEVELOPMENT "PD" NO. 106 FOR SHOPPING CENTER "SC" WITH A FUELING STATION USE; ADOPTING A CONCEPT PLAN; ADOPTING A CONCEPTUAL LANDSCAPE PLAN; ADOPTING BUILDING ELEVATIONS; ADOPTING CANOPY ELEVATIONS; ADOPTING DEVELOPMENT REGULATIONS; PROVIDING FOR A CONFLICTS RESOLUTION 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 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, 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 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, Collin County, Texas, as previously amended, be further amended by granting a change in zoning for 1.31± acres in the Grizzle Kennedy Survey, Abstract No. 499, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and incorporated herein by reference ("the Property") from Planned Development "PD" No. 106 for Shopping Center "SC" with a car wash use to Planned Development No. 106 for Shopping Center "SC" with a fueling station use. SECTION 2. The Property shall be used and developed in accordance with the Shopping Center `5C" Zoning District regulations as set forth in the Allen Land Development Code, as amended, except as follows: A. Permitted Uses: In addition to the uses permitted within a Shopping Center "SC" Zoning District, the Property may be developed and used as a fueling station. B. Concept Plan: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "B." C. Conceptual Landscape Plan: The Property shall be developed in general conformance with the Conceptual Landscape Plan attached hereto as Exhibit "C." D. Building Elevations: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit "D." 1 E. Canopy Elevations: The Property shall be developed in general conformance with the Canopy Elevations attached hereto as Exhibit "E." SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. 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, he 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. SECTIONS. 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 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 9'" DAY OF OCTOBER, 2012. APPROVED AS TO FORM: Per G. Smith, ClITY ATTORNEY IFb MW[2: /"9) APPROVED: Stephen Terrell, MAYOR ATTEST: ShelleyB. G rg TRMC, CITY SECRETARY Ordinance No. 3115-10-12, Page 2 C Ordinance No. 3115-10-12, Page 3 EXHIBIT "A" LEGAL DESCRIPTION Being a 1.31 -ave tract of land situated in the Grizzle Kennedy Survey, Abstract No. 499, in the City of Alen, Coln County, Texas, being that same tract of Land conveyed to CUSTER HEDGCOXE, LLC by deed recorded in Instrument No. 20100902000929180 of the Deed Records of Colin County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 112 inch iron rod found for comer in the East right-of-way line of Custer Road (100' public right-of-way), said point being the Southwest corner of Lot 7B, Block A of Custer-Hedgcoxe Addition No. 3, an addition to the Cly of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2008, Page 634 of the Map Records of Collin County, Texas, same being the Northwest comer of herein described tract Thence North 89 Degrees 54 Minutes 38 Seconds East, along the South line of said Lot 7B, a distance of 239.91 feet to an "X" found in concrete for cornier, said point being en ell comer of said Lot 7B, same being the Northeast comer of herein described tract: Thence South 00 Degrees 08 Minutes 41 Seconds East, along the West lime of said Lot 7B, a distance of 236.20 feet to an "X" found in concrete for carrier in the North right-of-way line of Hedgcoxe Road (variable width public rig it -of -way), said point being the most southerly Southwest corner of said Lot 7B, same being the Southeast comer of herein described had, Thence South 89 Degrees 57 Minutes 43 Seconds West, along the North right-of-way line of said Hedgcoxe Road, a distance of 227.71 feet to a monument found for corner at the intersection of the North right-of-way line of said Hedgcoxe Road and the East right-of-way line of said Custer Road, said point being the Southwest comer of herein described tract; ' Thence North 44 Degrees 51 Minutes 06 Seconds West, along the Northeast right-af-way line of said Custer Road, a distance of 21.00 feet to a monument found for comer-, Thence North 00 Degrees 27 Minutes 20 Seconds East continuing along the East right-of- way line of said Custer Road, a distance of 195.72 feet to a monument found for caner, being the beginning of a curve to the right,- ightThence, Thence,in a northerly direction, continuing along the East right-cf-way line of said Custer Road and along said curve to the right through a central angle of 1"19'57', a radius of 1090.92 feet a chord bearing and distance of North 1101'05" East, 25.37 feet and an arc length of 25.37 feet to the POINT OF BEGINNING and containing 56,878 square feet or 1.31 acres of land. C Ordinance No. 3115-10-12, Page 3 1 1 EXHIBIT "B" CONCEPTPGAN f Ordinance No. 3115-10.12, Page 4 - ' —pi I.aa..... e f Ordinance No. 3115-10.12, Page 4 I 1 EXHIBIT "C" CONCEPTUAL LANDSCAPE PLAN r Ordinance No. 3115-10.12, Page 5 I I I EXHIBIT BUILDING ELEVATIONS Ordinance 6 I EXHIBIT "E" CANOPY ELEVATIONS Ll h7,1;1 ft Ordinance No. 3115-10-12, Page 7