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Home My WebLink AboutO-3192-11-13ORDINANCE NO. 3192-11-13 ' 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. 135 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 1 AND LOT 4, MARK VI EQUIPMENT OF TEXAS INC., CITY OF ALLEN, TEXAS (ALSO KNOWN AS 811 AND 813 S. GREENVILLE AVE.), AND PRESENTLY ZONED PLANNED DEVELOPMENT NO. 4 SHOPPING CENTER "SC", TO BE USED FOR A MINOR AUTOMOTIVE REPAIRS USE; ADOPTING A DESIGNATED USES EXHIBIT, SITE IMPROVEMENT PLAN DESIGN STANDARDS; 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. 135 for Lot I and Lot 4, Mark VII Equipment of Texas Inc., City of Allen, Collin County, Texas (also known as 811 and 813 S. Greenville Ave., Allen, Texas) (the "Property"), which is presently zoned Planned Development No. 4 Shopping Center "SC," to be used for a Minor Automotive Repairs use. SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations, as heretofore amended, and, if developed and used in accordance with this Specific Use Permit No. 135, the Minor Automotive Repairs services shall consist of only the following: A. Tune up service to include replacement of spark plugs, plug wires, ignition coils and fuel induction services; B. Brake service to include replacement of brake pads, rotors, shoes and drums; C. Air conditioning service to include recovery of freon, system vacuum, freon recharge and replacement of parts vital to A/C systems such as belt driven parts, lines, schrader valves and ' expansion valves; D. Diagnostic service to include visual check and scan tool check (to read vehicular engine light trouble codes) for determination of vehicle problem; and E. Minor repair of replacement parts to include replacement of batteries, starters, alternators, radiators, heaters, shocks, struts, various belt driven parts and other similar services that fall ' under the Allen Land Development Code definition of Minor Automotive Repairs. SECTION 3. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations, as heretofore amended, and, if developed and used, in accordance with this Specific Use Permit No. 135, the various types of services and locations shall be expressly limited to the locations highlighted and labeled on the Designated Use Exhibit attached hereto as Exhibit "A." The grant of authority to use the Property for Minor Automotive Repairs as provided in this Ordinance is expressly limited to Waterfalls Carwash & Lube LLC and no other person or entity. SECTION 4. Site improvements for the Property shall be provided in accordance with the Site Improvements Plan attached hereto as Exhibit `B." Furthermore, in order to provide for the orderly Flow of circulating traffic to and through the Property and to further ensure the fire lane easement located on the Property remains unobstructed, permanent raised curb barriers shall be constructed at the locations illustrated on Exhibit 'B" attached hereto prior to commencement of use of the Property for Minor Automotive Repairs, which curb barriers shall be designed, constmcted, and marked in accordance with the following design standards: A. The curb must be six inches (6.0") in height and may be mountable; B. The curb most be reinforced with #3 deformed steel rebar longitudinal and vertically doweled into the existing concrete pavement, sufficient to secure the cast -in-place curb to the pavement; C. Where the curb abuts the existing fire lane, the vertical face of the curb shall be painted red with white lettering in conformance with city standards for fire lane delineation; and ' D. The interior area encompassed by the new barrier curb (adjacent to the automotive repair garage entrance) shall be backfilled with pavestone pavers and leveling sand in order to afford proper drainage; and E. Two (2) puking spaces shall be located and striped on the Property adjacent to the barrier curb as depicted on Exhibit `B" hereto. SECTION 5. 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 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 S. Any person, fire 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 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. Ordinance No. 3192-11-13. Page 2 1 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 20 DAY OF NOVEMBER, 2013. APPROVED AS TO FORM: (?A `.`7'yy,^� Pe'fer G. Smith, CM ATTORNEY APPROVED: Stephen Terre0, MAYOR ATTEST: Shelley B. Geroge, C, CITY SECRETARY Ordinance No. 3192-11-13 Page 3 EXHIBIT "A" DESIGNATED USES EXHIBIT Ordinance No. 3192.11-13. Page 4 EXHIBIT "B" SITE IMPROVEMENTS PLAN Ordinance No. 3192-11.13 Page 5