The URL can be used to link to this page

Home My WebLink AboutO-2897-3-10ORDINANCE NO. 2897,3-10 ' AN ORDINANCE OF THE CITY COUNCIL OF THIN CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 109 TO ALLOW A FUELING STATION ON A 1.728± ACRE TRACT OF LAND PRESENTLY ZONED PD NO. 92 SC — "SHOPPING CENTER" GENERALLY LOCATED AT THE NORTHWEST CORNER OF STACY ROAD AND CHELSEA BOULEVARD; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF A SITE PLAN, ELEVATIONS AND FUELING TRUCK ROUTE; PROVIDING A REPEALING 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, m 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. 109 for a fueling station for a 1.728± acre tract of land presently zoned PD No. 92 SC — "Shopping Center" generally located at the northwest corner of Stacy Road and Chelsea Boulevard Cthe Property') and being further described in Exhibit "A," attached hereto and made a part hereof for all purposes. 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: The Specific Use Permit 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. 2. The Property shall be developed and used only in accordance with the Site Plan, Elevations, and Fueling Truck Route, attached hereto as Exhibits "B," "C," and "D," respectively, which are made a part hereof for all purposes, and which are hereby approved. 3. Fuel trucks making deliveries to the Property shall approach and enter the Property by traveling West on Stacy Road from US Highway 75 and entering the Property from a driveway on Stacy Road. ' When departing the Property, fuel delivery tacks shall exit the Property only from a driveway located on Chelsea Boulevard, then tum South onto Chelsea Boulevard, and then turn East onto Stacy I 1 Road traveling toward US Highway 75. Except as set forth in the prior sentence and in Exhibit "D," hereto, fuel delivery trucks traveling to and from the Property shall at no time travel on Stacy Road, Watters Road, or Chelsea Boulevard. SECTION 3. 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 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. 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 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, fam 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 9TH DAY OF MARCH, 2010. APPROVED AS TO FORM: (.do- a Wr> A Peter G. Smith, CM ATTORNEY (42730) APPROVED: 04004, IY Stepheff Terrell, MAYOR ATTEST: Shelley B. George, CWV SECRETAR Ordinance No. 2897-3-10, Page 2 BEING part of a called 20.502 acre parcel of land located in the Francis Dosser Survey, Abstract No. 280, in the City of Allen, Collin County Texas, as described by deed to Stacy & Chelesa, L.P., as recorded in County Clerk's File No. 20080421000471710, Official Public Records Collin County Texas, (OPRCCT), and being more particularly described by metes and bounds as follows (bearings determined by GPS observation referenced to the City of Allen control monuments): COMMENCING at a point for the southwest comer of said 20.502 acres, same being the southeast comer of Starcreek, Phase Three, an Addition to the City of Allen as recorded in County Clerk's File No. 20080619010002270, Official Public Records Collin County Texas, said point being on the northerly right of way for Stacy Road (variable width right of way); THENCE North 88052'08" East, with the north right of way of Stacy Road, a distance of 419.51 feet to a point; THENCE North 85002'50" East, continuing along said north right of way line, a distance of 48.65 feet to ' the POINT OF BEGINNING; THENCE North 01 007'52" West, a distance of 274.13 feet to a point for comer; THENCE North 88052'08" East, a distance of 286.97 feet to a point for comer on the proposed westerly right of way for Chelsea Boulevard (proposed variable width right of way); THENCE southerly with said proposed right of way as follows: South 03021'10" West, at 2.38 feet a 5/8 -inch von rod with yellow plastic cap marked "SAM INC", in all a distance of 67.55 feet to a 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod); South 00027'29" East, a distance of 174.90 feet to a 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod); South 44004'04" West, a distance of 35.65 feet to 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod) on the aforesaid northerly right of way for Stacy Road; THENCE westerly with said right of way as follows: South 88052'08" West, a distance of 152.06 feet to 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod); ' South 85002'50" West, a distance of 102.51 feet to the POINT OF BEGINNING and containing 1.728 acres. Ordinance No. 2897-3-10, Page 3 UUMIT "A" ' LEGAL DESCRIPTION Metes and Bounds Description 1.728 Acres Francis Dosser Survey, Abstract No. 280 City of Allen, Collin County Texas BEING part of a called 20.502 acre parcel of land located in the Francis Dosser Survey, Abstract No. 280, in the City of Allen, Collin County Texas, as described by deed to Stacy & Chelesa, L.P., as recorded in County Clerk's File No. 20080421000471710, Official Public Records Collin County Texas, (OPRCCT), and being more particularly described by metes and bounds as follows (bearings determined by GPS observation referenced to the City of Allen control monuments): COMMENCING at a point for the southwest comer of said 20.502 acres, same being the southeast comer of Starcreek, Phase Three, an Addition to the City of Allen as recorded in County Clerk's File No. 20080619010002270, Official Public Records Collin County Texas, said point being on the northerly right of way for Stacy Road (variable width right of way); THENCE North 88052'08" East, with the north right of way of Stacy Road, a distance of 419.51 feet to a point; THENCE North 85002'50" East, continuing along said north right of way line, a distance of 48.65 feet to ' the POINT OF BEGINNING; THENCE North 01 007'52" West, a distance of 274.13 feet to a point for comer; THENCE North 88052'08" East, a distance of 286.97 feet to a point for comer on the proposed westerly right of way for Chelsea Boulevard (proposed variable width right of way); THENCE southerly with said proposed right of way as follows: South 03021'10" West, at 2.38 feet a 5/8 -inch von rod with yellow plastic cap marked "SAM INC", in all a distance of 67.55 feet to a 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod); South 00027'29" East, a distance of 174.90 feet to a 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod); South 44004'04" West, a distance of 35.65 feet to 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod) on the aforesaid northerly right of way for Stacy Road; THENCE westerly with said right of way as follows: South 88052'08" West, a distance of 152.06 feet to 5/8 -inch iron rod with yellow plastic cap marked "SAM INC" (set iron rod); ' South 85002'50" West, a distance of 102.51 feet to the POINT OF BEGINNING and containing 1.728 acres. Ordinance No. 2897-3-10, Page 3 EXIIIBTT'B" SITE PLAN S {I I i M 3 Y I� F RT IY I �. i ilill Ordinance No. 2897-3-10, Page 4 C EXIIBIT "C" ELEVATIONS i Ordinance No. 2897-3-10, Page 5 Ordinance No. 2897-3-10, Page 6 fig£' 1 > p g Ordinance No. 2897-3-10, Page 6 fig£' I 1 EXHIBIT "D" FUELING TRUCK ROUTE �uuuuuuuuu' uu � r- ---_ ------ Pill IIIII11, C-] -�I I Y i1• I _ _ I TI p IIL � , Rorai If �uuuuuuuuu' uu � r- ---_ ------ Pill C-] -�I I Y i1• I _ _ I TI p IIL � Ordinance No. 2897-3-10, Page 7 Pill Ordinance No. 2897-3-10, Page 7