O-2465-11-05ORDINANCE NO. 2465-11-05
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP BY GRANTING SPECIFIC USE PERMIT NO. 100 TO ALLOW A
FUELING STATION SUBJECT TO SPECIAL CONDITIONS FOR 10.19± ACRES
ZONED "SC" SHOPPING CENTER FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN
ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING 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 fav
hearing to all the properly 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 Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting Specific Use Permit No. 100 for a fueling station subject to
special conditions for 10.19± acres coned SC — Shopping Center and being further described in Exhibit "A"
attached hereto.
SECTION 2. The Specific Use Permit for a fueling station shall be developed and used only in accordance
with the Site Plan attached hereto as Exhibit "B," and which is hereby approved.
SECTION 3. The Specific Use Permit for a fueling station is subject to the following conditions:
The Specific Use Permit shall terminate six (6) months after the adoption of this ordinance
unless a certificate of occupancy has been issued for that use within that time period, or an
extension has been granted as provided in Allen Land Development Code Section.
2. The property shall be developed and used only in accordance with the Site Plan, Exhibit `B."
SECTION 4. The property shall he used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations of the City of Allen, as heretofore amended, and as amended
herein.
' SECTION 5. 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 6. 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 7. 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 8. 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 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 9. 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 22" DAY OF NOVEMBER, 2005.
APPROVED:
' Stephen ArreR, MAYOR
APPROVED AS TO FORM: ATTEST:
—;
Peter G. Smith, CITY AITORNFY Shelley B. Gedrg� TRMC, CITYORES TARY
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Ordinance No. 2465-11-05, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' PROPERTY DESCRIPTION
KROGER-LOT
NORTHEAST CORNER STATE HIGHWAY 5 AND E. EXCHANGE PARKWAY
COLLIN COUNTY
ALLEN,TEXAS
BEING A 10.190 ACRE TRACT OF LAND SITUATED IN THE HENRY WETSEL SURVEY,
ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BEING THE REMAINING
PORTION OF THAT CALLED 11.1715 ACRE TRACT OF LAND DESCRIBED IN DEED TO REGENCY
REALTY GROUP, INC., RECORDED IN VOLUME 5681, PAGE 3562, DEED RECORDS OF COLLIN
COUNTY, TEXAS, (DRCCT), SAID 10.190 ACRE TRACT OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A 3/8 -INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 62,
BLOCK B OF ALLEN NORTH ADDITION, PHASE 2, AN ADDITION TO THE CITY OF ALLEN
DESCRIBED BY PLAT RECORDED IN CABINET I, PAGE 708, PLAT RECORDS OF COLLIN
COUNTY, TEXAS, (DRCCT) AND BEING IN THE NORTHERLY RIGHT-OF-WAY LINE OF
EXCHANGE PARKWAY, (A VARIABLE WIDTH RIGHT-OF-WAY)
THENCE DUE NORTH ALONG THE WEST LINE OF SAID ALLEN NORTH ADDITION, PHASE 2, A
DISTANCE OF 0.90 FEET TO A 5/8 -INCH IRON ROD WITH CAP STAMPED "BURY + PARTNERS"
SET FOR THE POINT OF BEGINNING AND BEING THE NORTHEAST CORNER OF THAT CALLED
' 0.1667 ACRE TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF ALLEN RECORDED IN
VOLUME 5241, PAGE 3521, DRCCT;
THENCE ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY, THE
FOLLOWING:
NORTH 89059'14" WEST, A DISTANCE OF 411.30 FEET TO A 5/8 -INCH IRON ROD FOUND
FOR CORNER;
NORTH 87°21'09" WEST, A DISTANCE OF 352.669 FEET TO A 5/8 -INCH IRON ROD WITH
CAP STAMPED "BURY + PARTNERS" FOUND FOR THE SOUTHEAST CORNER OF THAT
CALLED 0.9813 ACRE TRACT OF LAND DESCRIBED IN DEED TO BANK OF AMERICA,
N.A, RECORDED IN VOLUME 5681, PAGE 3585, DRCCT;
THENCE ALONG THE EASTERLY AND NORTHERLY LINE OF SAID 0.9813 ACRE TRACT OF
LAND, THE FOLLOWING:
NORTH 23045'00" EAST, A DISTANCE OF 87.85 FEET TO A 5/8 -INCH IRON ROD WITH CAP
STAMPED "BURY + PARTNERS" FOUND FOR CORNER;
DUE NORTH, A DISTANCE OF 75.32 FEET TO A 5/8 -INCH IRON ROD WITH CAP STAMPED
"BURY + PARTNERS" FOUND FOR CORNER;
NORTH 66015'00" WEST, A DISTANCE OF 195.58 FEET TO A 5/8 -INCH IRON ROD WITH
' CAP STAMPED "BURY + PARTNERS" FOUND FOR CORNER IN THE EASTERLY RIGHT-
OF-WAY LINE OF STATE HIGHWAY NO. 5, (ALSO KNOWN AS GREENVILLE AVENUE, A
VARIABLE WIDTH RIGHT-OF-WAY);
Ordinance No. 2465-11-05, Page 3
THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING:
' NORTH 23°45'00" EAST, A DISTANCE OF 13.17 FEET TO A 5/8 -INCH IRON ROD FOUND
FOR CORNER;
NORTH 18°02'22" EAST, A DISTANCE OF 100.50 FEET TO A 1/2 -INCH IRON ROD FOUND
FOR CORNER;
NORTH 23°55'13" EAST, A DISTANCE OF 209.84 FEET TO A P.K. NAIL SET FOR CORNER
IN THE SOUTH LINE OF ALLEN NORTH ADDITION, PHASE ONE, AN ADDITION TO THE
CITY OF ALLEN DESCRIBED BY PLAT RECORDED IN CABINET L PAGE 368, PRCCT;
THENCE NORTH 89049'16" EAST ALONG THE COMMON LINE OF SAID 11.1715 ACRE TRACT OF
LAND AND SAID ALLEN NORTH ADDITION, PHASE ONE, A DISTANCE OF 745.53 FEET TO A 1/2 -
INCH IRON ROD FOUND FOR THE MOST WESTERLY NORTHWEST CORNER OF THE
AFOREMENTIONED ALLEN NORTH ADDITION, PHASE 2 AND BEING THE POINT OF
CURVATURE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET;
THENCE SOUTHEASTERLY WITH THE COMMON LINE OF SAID 11.1715 ACRE TRACT OF LAND
AND SAID ALLEN NORTH ADDITION, PHASE 2, WITH SAID CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 90010'44" FOR AN ARC DISTANCE OF 62.96 FEET, A CHORD BEARING OF
SOUTH 45005'22" EAST AND A CHORD DISTANCE OF 56.66 FEET TO A 1/2 -INCH IRON ROD
FOUND FOR THE POINT OF TANGENCY;
THENCE DUE SOUTH CONTINUING ALONG SAID COMMON LINE, A DISTANCE OF 512.61 FEET
' TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 443,887 SQUARE FEET OR 10.190 ACRES OF LAND.
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Ordinance No. 2465-11-05, Page 4
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