O-2182-6-03ORDINANCE NO. 2182-6-03
' 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
GRANTING SPECIFIC USE PERMIT NO. 79 TO ALLOW A FUELING STATION
SUBJECT TO SPECIAL CONDITIONS FOR PROPERTY ZONED SC — SHOPPING
CENTER AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PIAN ATTACHED
HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING
A SEVERABE ITY 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 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 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,
Texas, as previously amended, be amended by granting Specific Use Permit No. 79 for a fueling station subject
to special conditions for property zoned SC — Shopping Center and being further described in Exhibit "A"
attached hereto.
SECTION 2. The Specific Use Permit for a fueling station is subject to the following conditions:
1. The Specific Use Permit shall terminate unless a certificate of occupancy has been issued
within six (6) months after the adoption of this ordinance.
2. The property shall, except as provided in subsection 4 below, be developed and used only in
accordance with the Site Plan attached as Exhibit `B", and which is hereby approved, the
Landscape Plan attached as Exhibit "C," and the Building Elevations attached as Exhibit
"D."
3. The exterior fagade of the structure, including the convenience store and the car wash shall
be of brick construction in conformance with the building elevations shown in Exhibit "D."
4. The sign located on the corner of Stacy Road and State Highway 5 (Greenville Avenue) shall
be a monument sign conforming to the requirements of the Sign Ordinance. A pole sign is
not permitted.
SECTION 3. 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.
SECTION 4. 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 5. 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.
E
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code , as amended, in effect when the offense was continued
and the former law is continued in effect for this purpose.
SECTION 7. 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 the Allen Land Development Code, as previously amended,
and upon conviction shall he punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for
each offense.
SECTION & This ordinance shall take effect immediately from and after its passage and publication in
accordance wrth 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 THIN 2e DAY OF JUNE, 2003.
I\ 9 9 tHt]L 8 111
"f�
Stephen YerrelL MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. SndlqVCITY ATTORNEY Shelley B. George, Itg%1C, CITY SEMETARY
Ordinance No. 2182-6-03, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' BEING a 1.822 acre tract of land situated in the L. WETSEL SURVEY, ABSTRACT No. 1026 and the
ROBERTS SURVEY, ABSTRACT No. 777 Allen, Collin County, Texas and being a part of a tract of land
conveyed to North Allen Investments, Ltd. as recorded in Volume 98-00848 94 and a part of a Quit Claim
Deed as recorded in Volume 98-0095985, Deed Records, Collin County, Texas, and being all that certain
called 1.8223 acre tract as conveyed to EXXON MOBIL CORPORATION as recorded in Volume 4711,
Page 2835, Deed Records, Collin County, and being more particularly described by metes and bounds as
follows:
BEGINNING at a 5/8 inch iron rod found for the North point of a comer clip at the intersection of the West
line of State Highway No. 5 (Greenville Avenue) (100 foot right of way) and the South line of a Right of
Way Easement, recorded in Volume 1705, Page 562, for F.M. 2786 (Stacey Road) (120 foot right of way);
THENCE South 29 degrees 30 minutes 30 seconds East, along said comer clip, a distance of 49.96 feet to a
5/8 inch iron rod found in the West line of said SH 5 (Greenville Avenue);
THENCE South 30 degrees 41 minutes 00 seconds West, along the West line of SH 5 (Greenville Avenue) a
distance of 316.23 feet to a 5/8 inch iron rod found for a comer;
THENCE North 66 degrees 11 minutes 07 seconds West, a distance of 201.62 feet to a 5/8 inch iron rod
found for a comer;
THENCE North 00 degrees 38 minutes 00 seconds East, a distance of 237.64 feet to a 5/8 inch iron rod found
' for a comer in the South line of said F.M. 2786 (Stacey Road) Right of Way Easement;
THENCE South 89 degrees 22 minutes 00 seconds East, along the South line of said F.M. 2786 (Stacey
Road) Right of Way Easement, a distance of 318.73 feet to the POINT OF BEGINNING and containing
1.822 acres (79,386 square feet) of land.
Ordinance No. 2182.6-03. Page 3
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