O-3458-2-17ORDINANCE NO. 3458-2-17
' 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. 151 AUTHORIZING 0.999± ACRES SITUATED IN THE WITSAUL
FISHER SURVEY, ABSTRACT NO. 323, PRESENTLY ZONED PLANNED
DEVELOPMENT NO. 42 FOR SHOPPING CENTER "SC" TO BE DEVELOPED AND
USED FOR A FUELING STATION; ADOPTING DEVELOPMENT REGULATIONS, A
SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; PROVIDING FOR
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 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. 151 authorizing 0.999± acres situated in
the Witsaul Fisher Survey, Abstract No. 323, City of Allen, Collin County, Texas, and more particularly described
in Exhibit "A," attached hereto and incorporated herein by reference (the "Property'), which is presently zoned
Planned Development No. 42 for Shopping Center "SC"to be developed and used for a Fueling Station subject to
the provisions of this Ordinance.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code, the Development Regulations governing Planned Development No. 42, as amended,
and, if developed and used as a Fueling Station in accordance with this Specific Use Permit No. 151, shall be
subject to the following special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown in the
legal description attached hereto as Exhibit "A" and as shown in the Site Plan attached hereto as Exhibit
"B," and incorporated herein by reference.
B. The use and development of the Property as a Fueling Station shall be only in accordance with the Site
Plan attached as Exhibit "B," the Landscape Plan set forth in Exhibit "C," and the Building Elevations
set forth in Exhibit "D," attached hereto and incorporation herein by reference.
C. This Specific Use Permit is limited to authorizing the use and development of the Property as a Fueling
Station and not for any other use that may otherwise be within the definition of "Fueling Station" as
' that use is defined in the Allen Land Development Code, as amended.
D. Notwithstanding anything to the contrary in this Ordinance, the Property may be developed and used
for fueling station purposes so long as (a) such use is developed and continually operated (except for
temporary closures not exceeding 270 days due to force majeure events, casualty, restoration,
alterations or remodeling of the Property) in association with the development and operation of a
grocery store use on the adjacent property identified as "Lot 1" on the Landscape Plan ("Grocery Store
' Lot'), and (b) unless otherwise approved by a resolution approved by the City Council, the fueling
station is owned or leased by (i) the same person or entity that operates the Grocery Store on the Grocery
Store Lot or (ii) an affiliate of the person or entity operating the Grocery Store on the Grocery Store
Lot. Use of the Property for a fueling station without the foregoing conditions (a) and (b) described
above being satisfied (except as allowed for temporary closures) shall constitute a prohibited use. For
purposes of this paragraph, an "affiliate of the person or entity that operates the Grocery Store on the
Grocery Store Lot' shall mean any entity that owns or controls, is owned or controlled by or is under
common ownership or control with, such operator, or any entity the ownership of which is substantially
the same as such operator. For purposes of this Paragraph D, "control' (and any form thereof, such as
"controlling" or "controlled") means, for any person or entity, the possession, directly or indirectly, of
the power to direct or cause the direction of the management or policies of such person or entity. The
specific use permit granted by this Ordinance shall terminate and the use of the Property for fueling
station purposes shall cease if either of the foregoing conditions (i) or (ii) described above fail to be
satisfied for a period of ninety (90) consecutive days.
E. All fuel system vent stacks must be hidden from view from a public street.
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.
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 & Any person, firm incorporation 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
Aller, 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 28TH DAY OF FEBRUARY 2017.
APPROy ED:
Stephen Terrell, MAYOR
APPROVED AS TO �F�ORM: ATTEST:
f �..t.(�„ 0 f'YYLa7�
Peter G. Sunk1h, CITY ATTORNEY cwivmrrr 828s2t Shelley B. George, C, CITY SECRETARY
Ordinance No. 3458-2-17, Page 2
EXEMIT "A"
LEGAL DESCRIPTION
STATE OF TEXAS
COUNTY OF COLLIN
BEING a tract of land situated in the WITSAUL FISHER SURVEY, ABSTRACT NO.
323, City of Allen, Collin County, Texas and being a portion of a tract of land as
described in deed to 2170/Malone Joint Venture, recorded in Volume 2885, Page 708,
Deed Records, Collin County, Texas (D.R.C.C.T ) and being more particularly described
as follows:
COMMENCING at a 112 inch iron rod with red plastic cap stamped "W.A.l." found for
comer, said iron rod being the most southerly southeast comer of Auburn Springs,
Phase Two Addition, an addition to the City of Allen, Collin County, Texas according to
the plat thereof recorded in Cabinet O, Page 127, Plat Records, Collin County, Texas
(P.R.C.0 T.) and in the north right-of-way line of Main Street (F.M. Highway 2170,
variable width right -0f -way),
THENCE North 89 deg 42 min 18 we East, departing the Southeast corner of said
Auburn Springs and along the Northerly right-of-way line of said Main Street, a distance
of 388.40 feet to the POINT OF BEGINNING;
South 00 deg 19 min 30 we East, a distance of 204.05 feet to a 1/2 -inch iron rod
with red plastic cap stamped "W.AJ." set for corner, said iron rod being on the
proposed Northerly right-of-way line of mid Main Street;
THENCE South 89 deg 42 min 36 we West, along the proposed Northerly right-of-way
line of said Main Street, a distance of 20 20 feet to a 1/2 -inch iron rod with red plastic
cap stamped "W.A.I " set for comer;
THENCE South 87 deg 48 min 43 we West, along the proposed Northerly rightof-way
line of said Main Street, a distance of 150.08 to a 1/2 -inch iron rod with red plastic cap
stamped "W.A I" set for corner in the existing Northerly right-of-way line of said Main
Street,
Ordinance No. 3458-2-17, Page 3
THENCE departing the Northerly right-of-way line of said Main Street and over and
across mid 2170/Malone Joint Venture tract the following courses and distances;
'
North 00 deg 20 min 57 sec West, a distance of 208.90 feet to a 1/2 -inch iron rod
with red plastic stamped "W.A.I' Set for corner;
North 89 deg 40 min 30 we East, a distance of 210.63 feet to a 1/2 -inch iron rod
with red plastic cap stamped "W.A.I." set for corner;
South 00 deg 19 min 30 we East, a distance of 204.05 feet to a 1/2 -inch iron rod
with red plastic cap stamped "W.AJ." set for corner, said iron rod being on the
proposed Northerly right-of-way line of mid Main Street;
THENCE South 89 deg 42 min 36 we West, along the proposed Northerly right-of-way
line of said Main Street, a distance of 20 20 feet to a 1/2 -inch iron rod with red plastic
cap stamped "W.A.I " set for comer;
THENCE South 87 deg 48 min 43 we West, along the proposed Northerly rightof-way
line of said Main Street, a distance of 150.08 to a 1/2 -inch iron rod with red plastic cap
stamped "W.A I" set for corner in the existing Northerly right-of-way line of said Main
Street,
Ordinance No. 3458-2-17, Page 3
Bearings shown hereon are based upon an on -the -ground Survey performed in the field
on the 28th day of March, 2016, utilizing a G.P.S. measurement (NAD 83) from the City
of Allen Geodetic Monuments No. 7 and No. 2.
Ordinance No. 3458-2-17, Page 4
EXIMIT "A"
LEGAL DESCRIPTION cont.
'
THENCE South 89 deg 42 min 18 sec West, along the Northerly right-of-way line of said
Main Street, a distance of 40 34 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 0 999 acres of 43,530 square feet of
land, more or less.
Bearings shown hereon are based upon an on -the -ground Survey performed in the field
on the 28th day of March, 2016, utilizing a G.P.S. measurement (NAD 83) from the City
of Allen Geodetic Monuments No. 7 and No. 2.
Ordinance No. 3458-2-17, Page 4
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