O-3131-1-13ORDINANCE NO. 3131-1-13
' 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. 131 AUTHORIZING OS36± ACRES SITUATED IN THE JOHN FYKE
SURVEY, ABSTRACT NO. 325, CITY OF ALLEN, TEXAS, DESCRIBED IN EXHIBIT
"A," HERETO, AND PRESENTLY ZONED PLANNED DEVELOPMENT NO.108 FOR
MIXED USE TO BE DEVELOPED AND USED FOR A RESTAURANT WITH A
DRIVE THROUGH; ADOPTING A SITE PLAN, LANDSCAPE PLAN, BUILDING
ELEVATIONS, AND SIGN PLAN; 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 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 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, as amended, be further amended by granting Specific Use Permit No. 131
authorizing 0.536± acres of land situated in John Fyke Survey, Abstract No. 325, City of Allen, Collin County,
Texas, and described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), which
is presently zoned Planned Development No. 108 for Mixed Use, to be developed and used for a Restaurant with
a Drive Through.
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 District H of Planned Development No.
108, as amended, and, if developed and used as a Restaurant with a Drive Through in accordance with this
Specific Use Permit No. 131, shall be used and developed in accordance with the Site Plan set forth in Exhibit
'B," the Landscape Plan set forth in Exhibit "C," the Building Elevations set forth in Exhibit "D," and the
Sign Plan set forth in Exhibit "E;' 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.
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.
I
SECTION & Any person, firm or corporation violating any of the provisions or terms of this ordmance 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 front 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 8"r DAY OF JANUARY, 2013.
APPROVED:
Stephen'Terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Peter G. Smith, CM ATTORNEY v 64 Sh ey B. George, TRMC, CITY SECRETARY
(kbl:12/M12:58725) D
Ordinance No. 3131-1-13, Page 2
EXHHIIT "A"
LEGAL DESCRIPTION
' DESCRIPTION, of a 23,333 square foot (0.536 acre) tract of land situated in the John Fyke Survey, Abstract No. 325,
Collin County, Texas; said tract being part of that certain tract of land described in Special Warranty Deed to Twin
Creeks Business Park, Inc. recorded in Instrument No. 20120731OW930950 of the Official Public Records of Collin
County, Texas; said 23,333 square foot tract being more particularly described m follows:
COMMENCING, at a 1/2 -inch iron rod found at an angle point in the northwest right-of-way line of Exchange Parkway
(a variable width right-of-way); said point being the easternmost southeast corner of said Twin Creeks tract and a
southwest comer of Lot 1, Block A, Wal -Man Supercenter, an addition to the City of Allen, Texas according to the plat
recorded in Cabinet 2010, Slide 127 of the Plat Records of Collin County, Texas;
THENCE, departing the said northwest line of Exchange Parkway and along the east line of said Twin Creeks tinct and a
west line of said Lot 1, the following two (2) calls:
North 17 degrees, 29 minutes, 17 seconds West, a distance of 44.48 feet to a point at the beginning of a tangent
curve to the right;
In a northerly direction, along said curve to the right, having a central angle of 16 degrees, 59 minutes, 14
seconds, a radius of 768.00 feet, a chord bearing and distance of North 08 degrees, 59 minutes, 40 seconds
West, 226.86 feet, an we distance of 227.70 feel to a 1/2 -inch iron rod with "PACHECO KOCH" cap set at the
POINT OF BEGINNING;
THENCE, departing the said east line of the Twin Creeks tract and the said west line of Lot 1, and into and across the
said Twin Creeks tract, the following five (5) calls:
' South 60 degrees, 23 minutes, 54 seconds West, a distance of 125.63 feet to a 12 -inch iron rod with
"PACHECO KOCH" cap set for corner;
North 29 degrees, 35 minutes, 56 seconds West, a distance of 56.03 feel to a 12 -inch iron rod with "PACHECO
KOCH" cap set for comer;
North 03 degrees, 16 minutes, 21 seconds East, a distance of 157.55 feet to a 1/2 -inch iron rod with
"PACHECO KOCH" cap set for corner; said point being the beginning of a non -tangent curve to the right;
In an easterly direction, along said curve in the right, having a central angle of 06 degrees, 19 minutes, 50
seconds, a radius of 1025.00 feel, a chord bearing and distance of South 85 degrees, 31 minutes, 18 seconds
East, 113.20 feet, an arc distance of 113.25 feet to a 12 -inch iron rod with "PACHECO KOCH" cap set at the
end of said curve;
South 82 degrees, 21 minutes, 23 seconds East, a distance of 25.50 feet to a 12 -inch iron rod with "PACHECO
KOCH" cap set for corner in the said east line of the Twin Creeks tract and the said west line of Lot 1; said
point being in a non -tangent curve to the left;
THENCE, in a southerly direction, along the said east line of the Twin Creeks tract, the said west line of tut 1 and said
curve to the left, having a central angle of 09 degrees, 52 minutes, 08 seconds, a radius of 768.00 feet, a chord bearing
and distance of South 04 degrees, 26 minutes, 00 seconds West, 132.12 feet, an are distance of 132.28 feet to the POINT
OF BEGINNING;
CONTAINING, 23,333 square feet or 0.536 acres of land, more or less.
Ordinance No. 3131-1-13, Page 3
1
EXHIBIT `B"
SITE PLAN
Ordinance No. 3131-1-13, Page 4
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EXHmrr"C"
LANDSCAPEPLAN
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Ordinance No. 3131-1-13, Page 5
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EXHIBIT"D"
BUILDING ELEVATIONS
Ordinance No. 3131-1-13, Page 6
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Ordinance No. 3131-1-13, Page 6
EXHIBIT "E"
SIGN PLAN
WEST EIEVATKN!
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Ordinance No. 3131-1-13, Page 7
EXHIBIT `F"
SIGN PLAN (continued)
NORTH ELEVATION
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Ordinance No. 3131.1.13, Page 8
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EXHIBIT "E."
SIGN PLAN (continued)
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Ordinance No. 3131-1-13, Page 9
EXIIBIT "E"
SIGN PIAN (continued)
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Ordinance No. 3131-1-13 Page 10