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Home My WebLink AboutO-3005-4-11ORDINANCE NO. 3005-4-11 ' 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. 118 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL. CONDITIONS FOR 13603± ACRES ZONED SHOPPING CENTER — "SC" DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS AND FUELING TRUCK ROUTE; PROVIDING 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 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 Zoning Map of the City of Allen, Collin County, Texas, be amended by granting Specific Use Permit No. 118 for a fueling station subject to special conditions for 1.3603± acres zoned Shopping Center — SC described in Exhibit "A" attached hereto and incorporated herein by reference (`the Property"). SECTION 2. If the Property is developed for use as a fueling station pursuant to this Ordinance, the Property shall be developed and used only in accordance with the Site Plan, Landscape Plan, and Elevations attached hereto as Exhibits "B," "C," and "D," respectively, and incorporated herein by reference, which are hereby approved. SECTION 3. If the Property is developed for use as a fueling station pursuant to this Ordinance, fuel delivery trucks desiring to enter and leave the Property shall do so in accordance with the Fueling Track Route attached hereto as Exhibit "E" and incorporated herein by reference. SECTION 4. No Certificate of Occupancy shall he issued for use of the Property as a fueling station unless and until construction of the eight foot (8.0') tall masonry screening wall shown on the Site Plan (Exhibit "B", hereto) has been determined by the City's Building Official and Director of Planning and Development to be substantially complete. SECTION 5. The Property shall be used only in the manner and for the purposes provided for in the Allen ' Land Development Code Zoning Regulations of the City of Allen, as heretofore amended, and as amended herein. SECTION 6. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and ' development of the Property, the provisions of this Ordinance shall be controlling. SECTION 7. 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. 1 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 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 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 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 state law, 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 12th DAY OF APRIL, 2011. APPROVED: n Stephen errell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CrIV ATTORNEY Shelley B. Geo C, CITY S TARY Ordinance No. 3005-4-11, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' BEING a tract of land situated in the James T. Roberts Survey, Abstract No. 777 in the City of Allen, Collin County, Texas, and being part of a 148.614 acre tract of land described in deed to Hassie Hunt, Incorporated, recorded in Volume 966, Page 462, of the Deed Records of Collin County, Texas as affected by the Affidavit Regarding Certificate of Merger between Hassie Hunt, Incorporated and Hassie Hunt Exploration Company recorded in Volume 5541, Page 3492, being part of the 15.918 acre tract described in deed to Haroldson L. Hunt, Jr., Trust Estate recorded in Document No. 20090622000773300 of the Official Public Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron rod set with a plastic cap stamped "KHA" in the south right-of-way line of Stacy Road (variable width ROW) for the northeast comer of Amended Plat Allen Center North Addition, Lot 1, Block A, an addition to the City of Allen according to the plat thereof recorded in Cabinet 2009, Page 389 of the Map Records of Collin County, Texas; THENCE with said south right-of-way line, the following courses and distances to wit South 89043'15" East, a distance of 51.00 feet to an X in concrete set for corner; North 8602754" East, a distance of 150.33 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" from which a 5/8" von rod found bears South 56° 12' East, 0.4 feet. South 89043115" East, a distance of 22.55 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" for the northwest comer of Lot 3 of Allen Center North Addition, an addition to the City of Allen according to the plat thereof recorded in Cabinet 2008, Page 549 of the Map Records of Collin ' County, Texas, from which a 5/8" iron rod found bears South 71°29' East, 0.6 feet THENCE with the west line of said Lot 3, South 00018'46" West, a distance of 275.77 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" from which a 5/8" iron rod found bears North 82°48' East, 0.3 feet, said iron rod being the southwest corner of said Lot 3; THENCE leaving the west line of said Lot 3, the following courses and distances to wit: North 89042'18" West, a distance of 143.61 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" for comer, North 59039133" West, a distance of 121.42 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" in the east line of said Lot 1; THENCE with the east lines of said Lot 1, the following courses and distances to wit: North 30020'27" East, a distance of 50.53 feet to a 5/8" iron rod set with a plastic cap stamped "KHA" for comer; North 00016'45" East, a distance of 161.17 feet to the POINT OF BEGINNING and containing 59,256 square feet or 1.3603 acres of land. Bearing system based on the plat of Amended Plat Allen Center North Addition, Lot 1, Block A, an addition to the City of Allen according to the plat thereof recorded in Cabinet 2009, Page 389 of the Map Records of Collin County, Texas. Ordinance No. 3005-4-11, Page 3 I 1 1 EXIIIBIT "B" SITE PLAN MMAIRYM IbY �ri1 assn al lr7 dlb' NOl NY"1J 3L6 e Hd:4Ml' "JM 'tlSfl lO AHdiNW ,IZ JJII !ilI�I�I�Illlititl�jlll �; 1°I i3 j Ij!rl Ijt rel S 1 !!° ! i ! 11 LI S li INI:i 1: !j!! y'! ' 1 i t 1 1 illi ty a jNji11 ! 1,11,I11IyIIIJil q1 I � l ulgli lljj:;, gu°lFI111:1i11 IllIn6L111:r 11d, !Ipl tli�j°l!3 � t7 lllhilhjl�6m„LJ °II�I�� lj 09kl l8i ��!ilin�� ° ° a °r Ordinance No. 3005-4-11, Page 4 !E!j Irvi®iii 1 1 l�sj:;�'��i1. �J Ordinance No. 3005-4-11, Page 4 I 1 EXIMI T "C" LANDSCAPEPLAN U-0 I a 1I: iX11j 40 41z'i ii 7. i ki as lliuilnii +44y9sy, tN�iy1 ] LIpapH :!IbA Elio, 111 Ordinance No. 3005-4-11, Page 5 g r 0C E Ordinance No. 3005-4-11, Page 5 g r Ordinance No. 3005-4-11, Page 5 I 1 I _J J EXEIBIT "D" ELEVATIONS Ordinance No. 3005.4-11. Page 6 II Ii EXM]rr "E" FUELING TRUCK ROUTE bPlWp 13 X�v 1 ./� /� M.ad.wi0 to Md MYrd-Ml x'XW! .iKPn: +R •g;y 'S 5.'. _U0 ANdytbl Ox 1)�'F3 �)111�� '1� ��.�GII I�IIIO'�YNII! r B,° � 4 IM1.. l ! Y °• II (' Y § F kFia3i fill 3 i�r� r(bTr��iii hla r!r I 'rYa Ye 11:. r — 1 � ,p Y� 1 AA � •: I I i .I 9: Ordinance No. 3005-4-11, Page 7