The URL can be used to link to this page

Home My WebLink AboutO-2975-12-10ORDINANCE NO. 2975.12.10 ' 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 CHANGING THE ZONING OF A 1.306± ACRES OUT OF THE GRIZZEL KENNEDY SURVEY, ABSTRACT NO. 499, DESCRIBED IN EXHIBIT "A;' ATTACHED HERETO FROM "SC" SHOPPING CENTER, TO "PD" PLANNED DEVELOPMENT NO. 106 FOR A CAR WASH; ADOPTING DEVELOPMENT REGULATIONS; ADOPTING A CONCEPT PLAN; ADOPTING BUILDING ELEVATIONS; ADOPTING A SIGN PLAN; PROVIDING FOR A CONFLICTS RESOLUTION 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 in the vicinity thereof, and in the exercise of its legislative discretion, the City Council has concluded that the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously ' amended, should be further amended as follows. 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, Texas, as amended by changing the zoning of a 1.306± acres of land out of the Grimel Kennedy Survey, Abstract No. 499, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and incorporated herein by reference (`the Property') from "SC" Shopping Center District, to "PD" Planned Development No. 106. SECTION 2. The Property shall be developed and used only in accordance with the Development Regulations set forth below: A. General Purpose: The purpose of this zoning district is for the use and development of the Property as a car wash with a building for retail sales subject to the development standards and regulations set forth in this Ordinance. B. Base Zoning District: The Property shall be developed and used only in accordance with "SC" Shopping Center Zoning District regulations except as otherwise provided herein. C. Retail Uses: Retail sales shall be permitted and shall occur only during operational hours of the car wash. ID. Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit "B," and incorporated herein by reference. I 1 E. Buildine Elevations: The Property shall be developed and used only in accordance with the Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference. F. Sim Plan: Signage shall be permitted as illustrated on the Sign Plan attached hereto as Exhibit "D" and incorporated herein by reference. SECTION 3. 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 4. Should any word, sentence, paragraph, subdivision, clause, phrase 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 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Cote Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION & 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 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 of the caption 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 le DAY OF DECEMBER, 2010. APPROVED AS TO FORM: Pe er G. Smith, CITY ATTORNEY (LU: rvdro:"M APPROVED: St4oh,. Ter ell, MAYOR ATTEST: ShelleyB. Geo , CITY SEC ARY Ordinance No. 2975-12-10 Page 2 EXHIBIT "A" LEGAL DESCRIPTION 1 BEING a 1.306 acre tract of land situated in the Grimel Kennedy Survey, Abstract No. 499, City of Allen, Collin County, Texas, and being that same tract of land from Hedgecox Custer Road, LTD to Exxon Mobil Corporation by Deed recorded in Volume 4742, Page 2783, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 3'h inch aluminum monument with cap marked "2015" found at the north comer of a comer clip at the intersection of the east line of Custer Road (variable width R.O.W.) and the north line of Hedgcoxe Road (variable width R.O.W.); THENCE North 00 degrees 22 minutes 15 seconds East along the east line of Custer Road, a distance of 195.64 feet to a 392 inch aluminum monument with cap marked "2015" found at the beginning of a curve to the right having a central angle of 01 degrees 19 minutes 57 seconds and a radius of 1090.92 feet; THENCE Northeasterly continuing along the east line of Custer Road and along said curve to the right whose chord bears North 01 degrees 02 minutes 14 seconds East, an arc length of 25.37 feet to a 5/8 inch iron rod with cap marked "DAVIS LAND SURVEYING" found for corner, same being the most westerly southwest comer of Lot 7B, Block A of Custer-Hedgcoxe Addition No. 3, an Addition to the City of Allen, Texas, according to the Map thereof recorded in Clerk's File No. 20081117010004000, Deed Records, Collin County, Texas; THENCE North 89 degrees 51 minutes 19 seconds East along the most westerly south line of said Lot 7B, a ' distance of 240.28 feet to a 1/2 inch iron rod found at an inner el corner of Lot 713; THENCE South 00 degrees 08 minutes 41 seconds East along the most southerly west line of Lot 7B, and passing the most southerly southwest corner of Lot 7B at a distance of 221.00 feet, and continuing for a total distance of 236.00 feet to an "X" found in concrete for corner, same being in the north line of Hedgcoxe Road; I THENCE South 89 degrees 51 minutes 19 seconds West along the north line of Hedgcoxe Road, a distance of 227.70 feet to a 392 inch aluminum monument with cap marked "2015" found at the south comer of said corner clip at said intersection; THENCE North 44 degrees 53 minutes 13 seconds West along said comer clip, a distance of 21.12 feet to the PLACE OF BEGINNING and containing 56,912 square feet or 1.306 acres of land, more or less. Ordinance No. 2975.12-10. Page 3 1 EXHIBIT'S" CONCEPT PLAN Ordinance No. 2975.1210. Page 4 I 1 I EXHIBIT"C" BUILDING ELEVATIONS Ordinance No. 2975.12.10. Page 5 1 1 1 EXHIBIT "C" (conA) BUILDING ELEVATIONS 0 C� 1 1 I Ordinance No. 2975-12-10, Page 6 EXHIBIT "U" SIGN PLAN Mill b1 10m6 R t� w. Ordinance No. 2975-12.10. Page 7 I 1 I EXHIBIT "D" (cont.) SIGN PLAN IFI - E -- Ordinance No. 2975.12.10. Page 8 I EXHHiIT "W (cont.) SIGN PLAN owldp m w.ls is 5T T�0 � � J f 9 , 6tI�liil�3 owldp m w.ls is 5T Ordinance No. 2975.12-10, Page 9 T�0 J 4b ry�LL V _q Ordinance No. 2975.12-10, Page 9