O-3099-8-12ORDINANCE NO. 3099-8-12
' 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. 128 AUTHORIZING THE PROPERTY DESCRIBED AS 1.782± ACRES
SITUATED IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325, CITY OF ALLEN,
TEXAS, PRESENTLY ZONED PLANNED DEVELOPMENT NO. 108 FOR MIXED
USE, TO BE DEVELOPED AND USED FOR A FUELING STATION; ADOPTING A
SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, CANOPY
ELEVATIONS, AND SIGN PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING A SEVERABRXFY 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, as amended, be further amended by granting Specific Use Permit No. 128
authorizing 1.782± 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 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, the Development Regulations governing District H of Planned Development No.
108, as amended, and, if developed and used as a Fueling Station in accordance with this Specific Use Permit
No. 128, shall be subject to the following special conditions:
A. The use and development of the Property as a Fueling Station shall be 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," the Canopy Elevations set forth in Exhibit "D," the Sign
Plan set forth in Exhibit "E," all being of said exhibits being attached hereto and incorporation
herein by reference.
B. 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;
provided, however, this ordinance shall not be construed as prohibiting the Property from
being used and developed for other purposes permitted within District H of Planned
Development No. 108.
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.
1
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 or corporation violating any of the provisions or terns 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 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 14" DAY OF AUGUST, 2012.
APPROVED:
„"`�
StepheilTerreff, MAYOR
APPROVED AS TO FORM: ATTEST:
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Peter G. Smith, CITY IATIrORNEY Shelley B. George, C, CITY AWRETARY
Ordinance No. 3099-5-12, Page 2
' EXMrf "A"
LEGAL DESCRIPTION
Being a 1.782 acre tract of land situated in the John Fykes Survey, Abstract No. 325 City of Allen, Collin
County, Texas, and part of a called 35.435 acre tract of land as described in deed to Bossy Boots
Holdings, Ltd. as filed in Document No. 2003-0069932 of the Deed Record Collin County, Texas and
being more particularly described as follows:
BEGINNING at a 1/2 -inch iron rod with "spiarseng" cap set (hereinafter referred to as 1/2 -inch iron rod
set) in the Northerly right-of-way line of W. Exchange Parkway (a called 127.50' right-of-way at this
point) and the southwest comer of a called 3.413 acre tract of land as described in deed to Wal-Mart
Stores Texas, LP., m recorded in Document No. 20061205001710510 of the Deed Record Collin County,
Texas and a non -tangent curve to the left;
Thence Southwesterly, along the Northerly line of W. Exchange Parkway the southerly line of said
35.435 acre tract and curve to the left, through a central angle of 08005'42", having a radius of 1055.00
feet, and a chord bearing and distance of South 6403834" West, 148.93 feet, an are distance of 149.05
feet to a 5/8 -inch iron rod found for corner at end of said curve;
Thence South 6003344" West, along the northerly line of said W. Exchange Parkway and the south line
of said 35.435 acre tract, a distance of 66.67 feet to a 1/2 -inch iron rod set for comer from which a 5/8 -
inch iron rod found bears South 57001'13" East, a distance of 144.47 feet;
' Thence North 29026'16" West, leaving the northerly line of said W. Exchange Parkway across said
35.435 acre tract, a distance of 270.00 feet to a 1/2" iron rod set for corner;
Thence North 6003344" East, across said 35.435 acre tract, a distance of 340.29 feet to a 1/2 -inch von
rod set in the westerly line of a said 3.413 acre tract and a non -tangent curve to the left;
Thence Southerly, along west line of said 3.413 acre tract and said curve to the left, through a central
angle of 16059'10", having a radius of 768.00 feet, and a chord bearing and distance of South 08050'11"
East, 226.85 feet, an arc distance of 227.68 feet to a 1/2 -inch iron rod set for corner;
Thence South 17019'46" East, along west line of said 3.413 acre tract, a distance of 44.48 feet to a 1/2 -
inch iron rod set for corner;
Thence South 26004'10" West, along west line of said 3.413 acre tract, a distance of 43.57 feet to the
Point of Beginning and containing 77,644 square feet or 1.782 acres of land.
Ordinance No. 3099-8-12, Page 3
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