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Home My WebLink AboutO-2931-7-10ORDINANCE NO. 2931-7-10 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. Ill TO ALLOW A FUELING STATION ON A 4.0984: ACRE TRACT OF LAND PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 73 FOR "SC" SHOPPING CENTER, GENERALLY LOCATED SOUTH OF CABELA DRIVE AND EAST OF US75; PROVIDING SPECIAL. CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN; 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 EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas 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, be amended by granting Specific Use Permit No. 111 for a Fueling Station for a 4.098-E acre tract of land presently zoned "PD" Planned Development No. 73 for "SC" Shopping Center and being further described in Exhibit "A," attached hereto and made a part hereof for all purposes ("the Property'). SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations, as heretofore amended, and as amended herein, subject to the following special conditions: A. The Specific Use Permit and this Ordinance shall terminate six (6) months after the adoption of this ordinance unless a certificate of occupancy has been issued for that use within that time period, or an extension has been granted as provided in Allen Land Development Code Section 6.01. B. The Property shall be developed and used only in accordance with the Site Plan, attached hereto as Exhibit "B," which is made a part hereof for all purposes, and which is hereby approved. 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 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. 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 previsions or terns 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 13m DAY OF JULY, 2010. KWj:i8Y/31111 Stephen rferrell, Mayor ' APPROVED AS TO FORM: ATTEST: / C %aig Peter G. Smith, City Attorney Shelley B. George, T " C, City Secre 1 Ordinance No. 2931-7-10, Page 2 EXMrr "A" LEGAL DESCRIPTION ' BEING a 4.098 acre tract of land, and part of a tract of land situated in the F. Wilmeth Survey, Abstract No. 999, and the L. Pegues Survey, Abstract No. 702, as conveyed to The Village at Allen, L.P., recorded under CCF No. 20070018000075960, of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 -inch iron rod found in the East right-of-way line of U.S. Highway 75 (variable width right-of-way), said iron also being the northwest comer of the remainder of a tract of land conveyed to Brookside Partners, LTD., recorded in CCF# 97-0109660 of the Deed Records of Collin County, Texas; THENCE along said right-of-way line of U.S. Highway 75 and along said North line of the Brookside Partners tract, South 53056'59" East, a distance of 30.05 feet to a 5/8 -inch "BDD" capped iron rod set for the POINT OF BEGINNING; THENCE departing said North line of the Brookside Partners tract and along the aforesaid East right-of- way line of U.S. Highway 75, North 32059'39" East, a distance of 239.61 feet to a 5/8 -inch `BDD" capped 'non rod set for comer; THENCE North 28055'21" East, a distance of 103.98 feet to a 5/8 -inch "BDD" capped iron rod set for comer; THENCE North 35032057" East, a distance of 302.16 feet to a 5/8 -inch "BDD" capped iron rod set for ' the most southeasterly comer of a comer clip at the intersection of said East right-of-way line of U.S. Highway 75 and the South line of Village Drive (variable width right-of-way); THENCE continuing along said corner clip, North 81034'56" East, a distance of 59.50 feet to a 5/8 -inch "BDD" capped iron rod set for comer in the South line of said Village Drive, same being the beginning of a non -tangent curve to the left, having radius of 495.00 feet; THENCE continuing along said South line of Village Drive and said non -tangent curve to the left, through an angle of 11044'28", an arc length of 101.44 feet, and having a chord bearing and distance of South 62°13'31" East, 101.26 feet to a 5/8 -inch "BDD" capped iron rod set in the West line of the Dallas Area Rapid Transit track recorded in Volume 5443, Page 5352, of the Deed Records of Collin County, Texas, said iron also being the beginning of a non -tangent curve to the left, having a radius of 2914.79 feet; THENCE departing said South line of Village Drive and along said West line of the D.A.R.T. tract and said non -tangent curve to the left, through an angle of 07038'50", and an are length of 389.03 feet, and having a chord bearing and distance of South 17019'43" West, 388.74 feet to a 5/8 -inch iron rod found for comer; THENCE South 11057'57" West, 364.39 feet to a 5/8 -inch iron rod found in the aforementioned North line of said Brookside Partners tract; THENCE departing said West line of the D.A.R.T. tract and along said North line of said Brookside Partners, North 53°56'59" West, a distance of 387.62 feet to the POINT OF BEGINNING and containing 178,520 square feet or 4.098 acres of land, more or less. Ordinance No. 2931-7-10, Page 3 1 1 F—",=IT "B" SITE PLAN Ordinance No. 2931-7-10, Page 4