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Home My WebLink AboutO-2465-11-05ORDINANCE NO. 2465-11-05 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP BY GRANTING SPECIFIC USE PERMIT NO. 100 TO ALLOW A FUELING STATION SUBJECT TO SPECIAL CONDITIONS FOR 10.19± ACRES ZONED "SC" SHOPPING CENTER FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; 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 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 fav hearing to all the properly 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. 100 for a fueling station subject to special conditions for 10.19± acres coned SC — Shopping Center and being further described in Exhibit "A" attached hereto. SECTION 2. The Specific Use Permit for a fueling station shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B," and which is hereby approved. SECTION 3. The Specific Use Permit for a fueling station is subject to the following 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. 2. The property shall be developed and used only in accordance with the Site Plan, Exhibit `B." SECTION 4. The property shall he 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 5. 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 6. 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 7. 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 8. 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 9. 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 22" DAY OF NOVEMBER, 2005. APPROVED: ' Stephen ArreR, MAYOR APPROVED AS TO FORM: ATTEST: —; Peter G. Smith, CITY AITORNFY Shelley B. Gedrg� TRMC, CITYORES TARY 1 Ordinance No. 2465-11-05, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' PROPERTY DESCRIPTION KROGER-LOT NORTHEAST CORNER STATE HIGHWAY 5 AND E. EXCHANGE PARKWAY COLLIN COUNTY ALLEN,TEXAS BEING A 10.190 ACRE TRACT OF LAND SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING THE REMAINING PORTION OF THAT CALLED 11.1715 ACRE TRACT OF LAND DESCRIBED IN DEED TO REGENCY REALTY GROUP, INC., RECORDED IN VOLUME 5681, PAGE 3562, DEED RECORDS OF COLLIN COUNTY, TEXAS, (DRCCT), SAID 10.190 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 3/8 -INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 62, BLOCK B OF ALLEN NORTH ADDITION, PHASE 2, AN ADDITION TO THE CITY OF ALLEN DESCRIBED BY PLAT RECORDED IN CABINET I, PAGE 708, PLAT RECORDS OF COLLIN COUNTY, TEXAS, (DRCCT) AND BEING IN THE NORTHERLY RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY, (A VARIABLE WIDTH RIGHT-OF-WAY) THENCE DUE NORTH ALONG THE WEST LINE OF SAID ALLEN NORTH ADDITION, PHASE 2, A DISTANCE OF 0.90 FEET TO A 5/8 -INCH IRON ROD WITH CAP STAMPED "BURY + PARTNERS" SET FOR THE POINT OF BEGINNING AND BEING THE NORTHEAST CORNER OF THAT CALLED ' 0.1667 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF ALLEN RECORDED IN VOLUME 5241, PAGE 3521, DRCCT; THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY, THE FOLLOWING: NORTH 89059'14" WEST, A DISTANCE OF 411.30 FEET TO A 5/8 -INCH IRON ROD FOUND FOR CORNER; NORTH 87°21'09" WEST, A DISTANCE OF 352.669 FEET TO A 5/8 -INCH IRON ROD WITH CAP STAMPED "BURY + PARTNERS" FOUND FOR THE SOUTHEAST CORNER OF THAT CALLED 0.9813 ACRE TRACT OF LAND DESCRIBED IN DEED TO BANK OF AMERICA, N.A, RECORDED IN VOLUME 5681, PAGE 3585, DRCCT; THENCE ALONG THE EASTERLY AND NORTHERLY LINE OF SAID 0.9813 ACRE TRACT OF LAND, THE FOLLOWING: NORTH 23045'00" EAST, A DISTANCE OF 87.85 FEET TO A 5/8 -INCH IRON ROD WITH CAP STAMPED "BURY + PARTNERS" FOUND FOR CORNER; DUE NORTH, A DISTANCE OF 75.32 FEET TO A 5/8 -INCH IRON ROD WITH CAP STAMPED "BURY + PARTNERS" FOUND FOR CORNER; NORTH 66015'00" WEST, A DISTANCE OF 195.58 FEET TO A 5/8 -INCH IRON ROD WITH ' CAP STAMPED "BURY + PARTNERS" FOUND FOR CORNER IN THE EASTERLY RIGHT- OF-WAY LINE OF STATE HIGHWAY NO. 5, (ALSO KNOWN AS GREENVILLE AVENUE, A VARIABLE WIDTH RIGHT-OF-WAY); Ordinance No. 2465-11-05, Page 3 THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING: ' NORTH 23°45'00" EAST, A DISTANCE OF 13.17 FEET TO A 5/8 -INCH IRON ROD FOUND FOR CORNER; NORTH 18°02'22" EAST, A DISTANCE OF 100.50 FEET TO A 1/2 -INCH IRON ROD FOUND FOR CORNER; NORTH 23°55'13" EAST, A DISTANCE OF 209.84 FEET TO A P.K. NAIL SET FOR CORNER IN THE SOUTH LINE OF ALLEN NORTH ADDITION, PHASE ONE, AN ADDITION TO THE CITY OF ALLEN DESCRIBED BY PLAT RECORDED IN CABINET L PAGE 368, PRCCT; THENCE NORTH 89049'16" EAST ALONG THE COMMON LINE OF SAID 11.1715 ACRE TRACT OF LAND AND SAID ALLEN NORTH ADDITION, PHASE ONE, A DISTANCE OF 745.53 FEET TO A 1/2 - INCH IRON ROD FOUND FOR THE MOST WESTERLY NORTHWEST CORNER OF THE AFOREMENTIONED ALLEN NORTH ADDITION, PHASE 2 AND BEING THE POINT OF CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET; THENCE SOUTHEASTERLY WITH THE COMMON LINE OF SAID 11.1715 ACRE TRACT OF LAND AND SAID ALLEN NORTH ADDITION, PHASE 2, WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 90010'44" FOR AN ARC DISTANCE OF 62.96 FEET, A CHORD BEARING OF SOUTH 45005'22" EAST AND A CHORD DISTANCE OF 56.66 FEET TO A 1/2 -INCH IRON ROD FOUND FOR THE POINT OF TANGENCY; THENCE DUE SOUTH CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 512.61 FEET ' TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 443,887 SQUARE FEET OR 10.190 ACRES OF LAND. 1 Ordinance No. 2465-11-05, Page 4 I I II I EXEMIT"W SITE PLAN /Mal LOT..1 C a Q -MINN PARKWAY OPP MW- sm Ordinance No. 2465-11-05 Page 5