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Home My WebLink AboutO-4093-7-24ORDINANCE NO. 4093-7-24 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. 191 TO ALLOW A FUELING STATION USE FOR A 22.427± ACRE TRACT OF LAND IN THE JOHN W. ROBERTS SURVEY, ABSTRACT NO. 762 AND THE H. SEABORN & ROBERT T. CLEMENTS SURVEY, ABSTRACT NO. 879, CITY OF ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED AND DEPICTED IN EXHIBIT “A,” ATTACHED HERETO, PRESENTLY ZONED PLANNED DEVELOPMENT “PD” NO. 40, CORRIDOR COMMERCIAL “CC”; AND ADOPTING A CONCEPT PLAN AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING FOR 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously adopted, 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. 191 relating to the development and use of a 22.427± acre tract of land in the John W. Roberts Survey, Abstract No. 762 and the H. Seaborn & Robert T. Clements Survey, Abstract No. 879, City of Allen, Collin County, Texas, as described and depicted in Exhibit “A,” attached hereto and incorporated herein by reference (the “Property”), which is presently zoned Planned Development No. 40 (PD-40) for Corridor Commercial, to be developed and used as a Fueling Station. SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, as heretofore amended, and the Development Regulations of Planned Development No. 40, as heretofore amended, and, if developed and used for Fueling Station purposes, shall be used and developed in accordance with the Site Plan, as set forth in Exhibit “B,” and the Building Elevations, as set forth in Exhibit “C,” all of said exhibits being attached hereto and incorporated herein by reference. 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, 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. Ordinance No. 4093-7-24, Page 3 EXHIBIT “A” LEGAL DESCRIPTION BEING a tract of land situated in the JOHN W. ROBERTS SURVEY, ABSTRACT NO. 762 and the H. SEA- BORN. CLEMENTS & ROBERT T. CLEMENTS SURVEY, ABSTRACT NO. 879, City of Allen, Collin County, Texas and being all of the same tract of land as described in deed to Allen Economic Development Corporation, recorded in County Clerk's File No. 20190412000391490, Official Public Records, Collin County, Texas (O.P.R.C.C.T.) and all of the same tract of land as described in deed to Allen Economic Devel- opment Corporation, recorded in County Clerk's File No. 20161227001749410, O.P.R.C.C.T., and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod with red plastic cap stamped "SPARR" found for corner at the Westerly end of a corner clip at the intersection of the Southerly right-of-way line of State Highway 121 (Sam Rayburn Tollway, variable width right-of-way) and the Easterly right-of-way line of Stacy Road (variable width right- of-way); THENCE North 64 deg 35 min 37 sec East, along said corner clip, a distance of 3.95 feet to a TXDOT (Texas Department of Transportation) brass monument found for corner; THENCE North 27 deg 49 min 23 sec East, continuing along said corner clip, a distance of 25.10 feet to a TXDOT brass monument found for corner, said monument being situated in said Southerly right-of-way line; THENCE along the Southerly right-of-way line of said State Highway 121, the following: North 64 deg 35 min 55 sec East, a distance of 443.18 feet to a 5/8-inch iron rod with red plastic cap stamped "SPARR" found for corner, said iron rod being the Northeast corner of said Allen Economic Development Corporation tract (CC #20190412000391490); North 64 deg 36 min 13 sec East, a distance of 131.75 feet to a concrete monument found for corner; North 74 deg 29 min 13 sec East, a distance of 142.88 feet to a TXDOT brass monument found for corner; North 59 deg 47 min 43 sec East, a distance of 421.49 feet to a 5/8-inch iron rod with yellow plastic cap stamped "PACHECO" found for corner, said iron rod being the Northeast corner of said Allen Economic Development Corporation tract (CC #20161227001749410) and the Northwest corner of Lot 1, Block A, Cottonwood Creek Baptist Church Addition, an addition to the City of Allen, Collin County, Texas, accord- ing to the plat thereof recorded in County Clerk's File No. 20210127010000250, O.P.R.C.C.T.; THENCE South 01 deg 03 min 17 sec East, departing the Southerly right-of-way line of said State Highway 121 and along the East line of said Allen Economic Development Corporation tract (CC #20161227001749410) and the West line of said Lot 1, Block A, a distance of 1,352.18 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner, said iron rod being situated in the ap- proximate centerline of County Road 149 (No record found) and the North line of a tract of land as described in deed to Cottonwood Creek Church Properties, Inc., recorded in County Clerk's File No. 20160816001068510, O.P.R.C.C.T.; THENCE South 89 deg 21 min 51 sec West, departing said common line and along the approximate centerline of said County Road 149 and the North line of said Cottonwood Creek Church Properties, Inc. tract, a distance of 605.12 feet to a 1/2-inch iron rod found for corner, said iron rod being situated in the Easterly right-of-way line of said Stacy Road; THENCE North 34 deg 43 min 42 sec West, along the Easterly right-of-way line of said Stacy Road, a distance of 37.77 feet to an "X" cut in concrete found for corner, said "X" cut being the most Southerly corner of a tract Ordinance No. 4093-7-24, Page 4 of land as described in deed to P. Bush Elkin Property Company-CR 149, LLC (Tract 2), recorded in County Clerk's File No. 20130809001126880, O.P.R.C.C.T.; THENCE North 01 deg 04 min 48 sec West, along the East line of said P. Bush Elkin Property Company- CR 149, LLC tract (Tract 2), a distance of 66.89 feet to a 5/8 -inch iron rod with red plastic cap stamped "SPARR" found for corner, said iron rod being the Northeast corner of said P. Bush Elkin Property Com- pany-CR 149, LLC tract (Tract 2); THENCE South 89 deg 21 min 28 sec West, departing the East line and along the North line of said P. Bush Elkin Property Company-CR 149, LLC tract (Tract 2), a distance of 44.83 feet to a 5/8-inch iron rod with yellow plastic cap stamped "5587" found for corner, said iron rod being situated in the Easterly right- of-way line of said Stacy Road; THENCE departing the North line of said P. Bush Elkin Property Company-CR 149, LLC tract (Tract 2) and along the Easterly right-of-way line of said Stacy Road, the following: North 34 deg 35 min 47 sec West, a distance of 167.01 feet to a 5/8-inch iron rod with red plastic cap stamped "SPARR" found for corner and the beginning of a curve to the right having a radius of 1,340.00 feet, a central angle of 04 deg 33 min 09 sec, a chord bearing of North 32 deg 24 min 38 sec West and a chord length of 106.44 feet; Along said curve to the right, an arc distance of 106.47 feet to a 1/2-inch iron rod with red plastic cap stamped "W.A.I. 5714" set for corner and the beginning of a non-tangent curve to the right having a radius of 1,340.00 feet, a central angle of 04 deg 49 min 11 sec, a chord bearing of North 26 deg 02 min 14 sec West and a chord length of 112.69 feet; Along said non-tangent curve to the right, an arc distance of 112.72 feet to a 5/8-inch iron rod with red plastic cap stamped "SPARR" found for corner; North 23 deg 37 min 38 sec West, a distance of 226.97 feet to a 5/8-inch iron rod with red plastic cap stamped "SPARR" found for corner; North 25 deg 18 min 52 sec West, a distance of 225.62 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 22.427 acres or 976,935 square feet of land, more or less. Bearings shown hereon are based upon an on-the-ground Survey performed in the field on the 22nd day of November, 2023, utilizing a G.P.S. bearing related to the City of Allen Geodetic Monuments No. 5 and No. 8, North Texas Central Zone (4202), NAD 83, grid values. EXHIBIT "A"SUP ZONING EXHIBITOrdinance No. 4093-7-24, Page 5 OUTLOT 1 2.295 AC. (99,971 S.F.) OUTLOT 1 2.295 AC. (99,971 S.F.) BUILDING AREA: 159,605 SF SITE AREA: 20.132 AC STALLS: 859 120889 VICINITY MAP NOT TO SCALE NOTE: THE FUELING STATION CAN INCLUDE A MAXIMUM OF 16 FUEL PUMPS (32)FUELING LOCATIONS) AND STILL BE IN GENERAL CONFORMANCE WITH THE SUP SITE PLAN. EXHIBIT "B" SUP SITE PLAN Ordinance No. 4093-7-24, Page 6 FIN FLR0"B.O. CANOPY 150915'-9"BCA1X4 COPING TO MATCH WAREHOUSE -COLOR: DURANAR MEDIUM BRONZE921158474311PAVEMENT, 1% MAX SLOPE - VERIFY SLOPE WITH CIVIL DWGSTYP. AT EACH COL.38MANSARD ROOFFIN FLR0"B.O. CANOPY 150915'-9"43211X4 COPING TO MATCH WAREHOUSE -COLOR:DURANAR MEDIUM BRONZE3417AT FOREGROUND13' 6"MOUNT SIGN ON CANOPY FASCIA BY CANOPY SUPPLIER, EACH SIDE OF CANOPY FOR INCOMING AND OUTGOING TRAFFICPAVEMENT, 1% MAX SLOPE - VERIFY SLOPE WITH CIVIL DWGS.MANSARD ROOFA. SEE ENLARGED SITE PLAN FOR ADDITIONAL GENERAL NOTES ANDADDITIONAL DETAIL REFERENCES.GENERAL NOTES3456781 SOIC - FUEL FACILITY SIGNAGEMEMBERS ONLY / ENTER HERE WITH COSTCO LOGO18" x 24" ALUMINUMNO SMOKING / STOP ENGINE 18" x 22" ALUMINUMIN CASE OF FIRE OR SPILL18" x 22" ALUMINUMIN CASE OF FIRE OR SPILL18" x 24" ALUMINUM, ONE SIDENO CASH ON PREMISESVINYLEMERGENCY SHUT-OFFSTOP/DO NOT ENTER24"X 24" ALUMINUMMETAL POST EACH SIDE ON ENTRANCE(S) -SEEDETAIL 5/AG-7 AT ENTRY AND EXIT COLUMNS -FLUSHMOUNT ON COLUMNS SEE SITE PLANAT CENTER COLUMNS -FLUSH MOUNT ALL SIDES OF COLUMN SEE SITE PLANMOUNT ON CONTROLLER ENCLOSURE NEXT TO EMERGENCY PHONE, VISIBLE FROM THE PUMPSMOUNT ON CONTROLLER ENCLOSURE, NEAR DOORABOVE EMERGENCY SHUT-OFF ON ENCLOSURE - SEE 4/AG-5; BELOW EMERGENCY SHUT-OFF - SEE 19/METAL POST EACH SIDE OF EXIT -SEEDETAIL 4/AG-7QTYDESCRIPTIONTYPICAL PLACEMENTFIN FLR0"B.O. CANOPY 150915'-9"FIN FLR0"B.O. CANOPY 150915'-9"BCA3090 Nowitzki Way, Suite 300Dallas, TX, 75219P 469.583.5379 COSTCO WHOLESALE CORPORATION5/24/2024 1:14:51 AMCANOPY ELEVATIONSAG-2TX-121 & Stacy Rd. Allen, Texas 75013 COSTCO WHOLESALETX-121 & Stacy Rd.Allen, Texas 75013SCALE: 3/16" = 1'-0"2NORTH ELEVATION OF FUEL CENTERSCALE: 3/16" = 1'-0"1EAST ELEVATION OF FUEL CENTERSCALE: 3/16" = 1'-0"4WEST ELEVATION OF FUEL CENTERSCALE: 3/16" = 1'-0"3SOUTH ELEVATION OF FUEL CENTERDATEDESCRIPTIONMATERIAL LEGEND CMU, PAINTED METAL PANEL, PREFINISHED MATERIAL CALCULATIONS BUILDING SIGNAGE TO BE UNDER SEPARATE SUBMITTAL. NOT APPLICABLE ENTIRE STRUCTURE IS A ROOF / CANOPY SHEET2 OF 3DRAWN BY:PM:J. THOMFORDERWDAL 04/26/24 CITY SUBMITTAL 05/24/24 CITY SUBMITTAL R1 06/19/24 CITY SUBMITTAL PRE-FINISHED METAL FASCIA PANEL, COLOR 'METALLIC CHAMPAGNE' -SUPPLIED AND INSTALLED BY CANOPYSUPPLIER UNDER SEPARATE CONTRACT8" x 8" x 16" SPLIT FACE COLUMN WRAP - SEE STRUCT DWGS - SUPPLIED AND INSTALLED BY CANOPY SUPPLIER UNDER SEPARATE CONTRACTACCESSIBLE MULTIPRODUCT DISPENSERCONCRETE-FILLED METAL FORMED GUARD AT ENDS OF ISLANDS - TOP OF GUARD AT 30" ABOVE TRAFFIC SURFACE - PAINT SIDES ONLY WITH GLOSS BLUE, REFER TO SPECIFICATIONRAISED CONCRETE ISLAND WITH METAL EDGE FORM - PAINT SIDES ONLY WITH GLOSS BLACK, REFER TO SPECIFICATIONWASTE RECEPTOR, BOLT DOWN, CENTER OF EACH ISLAND (SOIC)CANOPY FASCIA SIGN LIGHT FIXTURE (SOIC) - REFER TO DETAIL 16 / AG-3FIRE EXTINGUISHER AND CABINETS MOUNTED ON COLUMN SIDE AWAY FROM DISPENSER - FIRE EXTINGUISHER CABINET TO BE: BROOKS MODEL # MARK II, RED CABINET WITH CLEAR COVER (OR EQUAL) - FIRE EXTINGUISHER AND CABINET, BY GC VIDEO CAMERA - VERIFY LOCATION WITH OWNER CONSTRUCTION PROJECT MANAGER. GC SHALL RUN CONDUIT AND INSTALL 3" ROUND OR OCTAGONAL J-BOX FOR MOUNTING CAMERAS - SEE ELECTRICAL DRAWINGSCAULK PERIMETER OF DISPENSER BASE WITH PETROLEUM RESISTANT SEALANT - SEE T-DWGS, TYPICAL 12" x 12" ELECTRICAL ACCESS PANELS, SUPPLIED BY SPANNOT USED234567891011121KEYNOTES SIDING PROFILEMcELROY METAL MEGA RIB / METAL SALES IC721 1/2"7 1/4"4713' 6"12 3 4 5 R3 EXHIBIT "C" BUILDING ELEVATIONS Ordinance No. 4093-7-24, Page 7 EMERGENCYSPILL SIGNAGEEMERGENCYSHUT-OFF SWITCHINSULATED SAFETY GLASSNO CASH ON PREMISES17'-0"7'-5"3' - 0" WIDE DOOR3' - 0" WIDE DOORHEAT PUMP OUTDOOR UNIT400 AMP METER DISCONNECT AND DIST. PANEL EVAMP DISCONNECT SWITCHMANUAL TRANSFER SWITCHCEILING MOUNTED A/C AND HEATER UNIT ABOVE - TYP.CONCRETE CURB - TYP.3090 Nowitzki Way, Suite 300 Dallas, TX, 75219P 469.583.5379 COSTCOWHOLESALECORPORATION5/23/2024 4:12:20 PMAG-5TX-121 & Stacy Rd. Allen, Texas 75013 COSTCO WHOLESALETX-121 & Stacy Rd.Allen, Texas 75013SCALE: 1/2" = 1'-0"4SCALE: 1/2" = 1'-0"5SCALE: 1/2" = 1'-0"1SCALE: 1/2" = 1'-0"2SCALE: 1/2" = 1'-0"3DATEDESCRIPTIONNORTH SOUTH EAST WEST TOTAL FACADE S.F. 10,778 8,228 15,564 14,006 TOTAL FACACE (less doors & windows)10,527 7,588 15,239 13,200 GLASS DOORS0 53000 METAL DOORS 251 110 325 806 2,654 2,886 1,541 3,958 25%38%10%30% 7,873 4,702 13,698 9,242 75%62%90%70% MASONRY METAL PANEL MATERIAL CALCULATIONS BUILDING SIGNAGE TO BE UNDER SEPARATE SUBMITTAL.SHEET3 OF 3DRAWN BY:PM:J. THOMFORDERWDAL KIOSK PLAN, ELEVATIONS KIOSK - WEST ELEVATIONKIOSK - EAST ELEVATION KIOSK - NORTH ELEVATION KIOSK - SOUTH ELEVATION STANDARD CONTROLLER ENCLOSURE KIOSK 1 AG-5 4 AG-5 2 AG-5 5 AG-59'-0"NORTH SOUTH EAST WEST TOTAL FACADE S.F.68 68 153 153 TOTAL FACACE (less doors & windows)47 47 153 153 GLASS DOORS 0 0 00 METAL DOORS 21 21000000 0%0%0%0% 47 47 153 153 100%100%100%100% MASONRY METAL PANEL MATERIAL LEGEND CMU, PAINTED METAL PANEL, PREFINISHEDSMOOTH METAL PANEL, PREFINISHED 05/24/24 CITY SUBMITTAL R1 06/19/24 CITY SUBMITTAL R3 EXHIBIT "C" BUILDING ELEVATIONS Ordinance No. 4093-7-24, Page 8