O-2975-12-10ORDINANCE NO. 2975.12.10
' 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
CHANGING THE ZONING OF A 1.306± ACRES OUT OF THE GRIZZEL KENNEDY
SURVEY, ABSTRACT NO. 499, DESCRIBED IN EXHIBIT "A;' ATTACHED
HERETO FROM "SC" SHOPPING CENTER, TO "PD" PLANNED DEVELOPMENT
NO. 106 FOR A CAR WASH; ADOPTING DEVELOPMENT REGULATIONS;
ADOPTING A CONCEPT PLAN; ADOPTING BUILDING ELEVATIONS;
ADOPTING A SIGN PLAN; PROVIDING FOR A CONFLICTS RESOLUTION
CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
' amended, should be further amended as follows.
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 amended by changing the zoning of a 1.306± acres of land out of the Grimel Kennedy Survey, Abstract
No. 499, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and
incorporated herein by reference (`the Property') from "SC" Shopping Center District, to "PD" Planned
Development No. 106.
SECTION 2. The Property shall be developed and used only in accordance with the Development Regulations
set forth below:
A. General Purpose: The purpose of this zoning district is for the use and development of the
Property as a car wash with a building for retail sales subject to the development standards
and regulations set forth in this Ordinance.
B. Base Zoning District: The Property shall be developed and used only in accordance with
"SC" Shopping Center Zoning District regulations except as otherwise provided herein.
C. Retail Uses: Retail sales shall be permitted and shall occur only during operational hours of
the car wash.
ID. Concept Plan: The Property shall be developed and used only in accordance with the
Concept Plan attached hereto as Exhibit "B," and incorporated herein by reference.
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E. Buildine Elevations: The Property shall be developed and used only in accordance with the
Building Elevations attached hereto as Exhibit "C" and incorporated herein by reference.
F. Sim Plan: Signage shall be permitted as illustrated on the Sign Plan attached hereto as
Exhibit "D" and incorporated herein by reference.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of
the Property, 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, 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, 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 Cote 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 terms of this Ordinance shall
be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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 of the
caption 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 le DAY OF DECEMBER, 2010.
APPROVED AS TO FORM:
Pe er G. Smith, CITY ATTORNEY
(LU: rvdro:"M
APPROVED:
St4oh,. Ter ell, MAYOR
ATTEST:
ShelleyB. Geo , CITY SEC ARY
Ordinance No. 2975-12-10 Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
1 BEING a 1.306 acre tract of land situated in the Grimel Kennedy Survey, Abstract No. 499, City of Allen,
Collin County, Texas, and being that same tract of land from Hedgecox Custer Road, LTD to Exxon Mobil
Corporation by Deed recorded in Volume 4742, Page 2783, Deed Records, Collin County, Texas, and being
more particularly described as follows:
BEGINNING at a 3'h inch aluminum monument with cap marked "2015" found at the north comer of a
comer clip at the intersection of the east line of Custer Road (variable width R.O.W.) and the north line of
Hedgcoxe Road (variable width R.O.W.);
THENCE North 00 degrees 22 minutes 15 seconds East along the east line of Custer Road, a distance of
195.64 feet to a 392 inch aluminum monument with cap marked "2015" found at the beginning of a curve to
the right having a central angle of 01 degrees 19 minutes 57 seconds and a radius of 1090.92 feet;
THENCE Northeasterly continuing along the east line of Custer Road and along said curve to the right
whose chord bears North 01 degrees 02 minutes 14 seconds East, an arc length of 25.37 feet to a 5/8 inch iron
rod with cap marked "DAVIS LAND SURVEYING" found for corner, same being the most westerly
southwest comer of Lot 7B, Block A of Custer-Hedgcoxe Addition No. 3, an Addition to the City of Allen,
Texas, according to the Map thereof recorded in Clerk's File No. 20081117010004000, Deed Records, Collin
County, Texas;
THENCE North 89 degrees 51 minutes 19 seconds East along the most westerly south line of said Lot 7B, a
' distance of 240.28 feet to a 1/2 inch iron rod found at an inner el corner of Lot 713;
THENCE South 00 degrees 08 minutes 41 seconds East along the most southerly west line of Lot 7B, and
passing the most southerly southwest corner of Lot 7B at a distance of 221.00 feet, and continuing for a total
distance of 236.00 feet to an "X" found in concrete for corner, same being in the north line of Hedgcoxe
Road;
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THENCE South 89 degrees 51 minutes 19 seconds West along the north line of Hedgcoxe Road, a distance
of 227.70 feet to a 392 inch aluminum monument with cap marked "2015" found at the south comer of said
corner clip at said intersection;
THENCE North 44 degrees 53 minutes 13 seconds West along said comer clip, a distance of 21.12 feet to
the PLACE OF BEGINNING and containing 56,912 square feet or 1.306 acres of land, more or less.
Ordinance No. 2975.12-10. Page 3
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EXHIBIT'S"
CONCEPT PLAN
Ordinance No. 2975.1210. Page 4
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EXHIBIT"C"
BUILDING ELEVATIONS
Ordinance No. 2975.12.10. Page 5
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EXHIBIT "C" (conA)
BUILDING ELEVATIONS
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Ordinance No. 2975-12-10, Page 6
EXHIBIT "U"
SIGN PLAN
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Ordinance No. 2975-12.10. Page 7
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EXHIBIT "D" (cont.)
SIGN PLAN
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EXHHiIT "W (cont.)
SIGN PLAN
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