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Home My WebLink AboutO-3095-7-12ORDINANCE NO. 3095-7-12 ' 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. 127 AUTHORIZING THE PROPERTY DESCRIBED AS 0.972± ACRES SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, TEXAS, AND DESCRIBED IN EXHIBIT "A" PRESENTLY ZONED FOR SHOPPING CENTER "SC," TO BE DEVELOPED AND USED FOR A MAJOR AUTOMOTIVE REPAIR USE; ADOPTING A SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, AND BUSINESS MODEL SUMMARY; 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, as amended, be further amended by granting Specific Use Permit No. 127 authorizing 0.972 acres situated in the Henry Weisel Survey, Abstract No. 1026, City of Allen, Collin County, Texas, described in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"), which is presently zoned Shopping Center "SC," to be developed and used for a Major Automotive Repair 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 as a Major Automotive Repair in accordance with this Specific Use Permit No. 127, shall be subject to the following special conditions: A. The use and development of the Property as a major automotive repair use shall be only in accordance with the Site Plan attached as Exhibit "B," the Landscape Plan set forth in Exhibit "C," the Building Elevations set forth in Exhibit "D," and the Business Model Summary set forth in Exhibit `B," attached hereto and incorporation herein by reference; provided, however, notwithstanding the provisions of the Business Model Summary regarding operational hours and days, the business shall be permitted to operate on Saturdays for the first 180 days during which the business is open to the public and accepting customers after issuance of a certificate of ' occupancy by the City. B. Only Christian Brothers Automotive Corporation or a person or entity that is an affiliated franchisee of Christian Brothers Automotive Corporation is authorized by this Ordinance to use the Property for a Major Automotive Repair use. I 1 C. This Specific Use Permit is limited to authorizing the use and development of the Property as a Major Automotive Repair use and not for any other use that may otherwise be within the definition of "Major Automotive Repair" as that use is defined in the Allen Land Development Code, as amended. 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. 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 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 24ru DAY OF JULY, 2012. APPROVED AS TO FORM: Peter G. Smith, Attorney (kbl 7/1V12 WN) APPROVE Stephedgerrell, Mayor ATTEST: au:LL��?� Shelley B. George, TRMC, City 84retary Ordinance No. 3095-7-12, Page 2 EXIIIBTT "A" LEGAL DESCRIPTION BEING a 0.972 acre tract of lad situated in the Himm Walsel.Surv". Abstract No. 1025 in the City of Allen, Collin County, Texas and being a portion Tract B to Piedmont Stacy Partners, L.P. according to the deed recorded in cca20070515000652220 of the Official Public Records of Collin County Texas and being more particularly described as follows: BEGINNING at an iron rod with cap found for the southwest corner of Lot 1, Block A of Exxon Addition according to the plat recorded in Cabinet P. Page 833 of the Plat Records of Collin County Texas and being the north line of said Tract B; THENCE SOUTH 66'11'07" EAST a distance of 191.77 feet to a sn inch iron rod set in the west line of a 10' dedication to the City of Allen for west line State Highway 5 (Greenville Avenue) and Ming in a non -tangent curve to the left having a radius of 5,060.00 feet and a chord bearing of South 28'43'40' West; THENCE along the west line of said State Highway 5 (Greenville Avenue) with said non -tangent curve to the left through a central angle of 01'S7'S4" for an arc length of 173.54 feet to a sn inch iron rod set for corner; THENCE departing said west line, NORTH 62'15'15" WEST a distance of 58.18 feet to a sa inch iron rd set for corner, LTHENCE NORTH 66'30'51' WEST a distance of 207.79 feet to a sa Inch iron rod set for corner; I THENCE NORTH 89'22'00" WEST a distance of 44.88 feet to a sA inch Iron rod set for comer, THENCE NORTH 00'38'00" EAST a distance of 54.00 feet to a sa inch iron rod set for corner, THENCE SOUTH 89'22'00" EAST a distance of 129.74 feet to a we Inch Iron rod set for corner, THENCE NORTH 44'05'47" EAST a distance of 92.81 feet to the POINT OF BEGINNING; CONTAINING 0.972 acres or 42,356 square feet of land more or less all according to that survey prepared by AJ. Bedford Group, Inc. Ordinance No. 3095-7-12, Page 3 I , EXHIBIT "B" SITE PLAN II i1c 41 . ; � i 0 s; =--- Ordiaaace No. 30957-12 Page 4 1 1 EXHBIT "C" LANDSCAPEPLAN I ,�. ii �.. r 9" i , ,I,I i,,.... J� Ordinance No. 3095-7-12, Page 5 0 I 1 1 EXMIT "W' BUILDING ELEVATIONS Ordinance No. 3095-7-12 Page 6 ' EXHIBIT "E" BUSINESS MODEL SUMMARY r Christian Brothers A U T 0 from: Chrktian Brothers Automotive Corpontlon 15995N Barkers land"ng, 0145 Houston, TM 17079 To: City of Allen RE: Letter of lmem- Christian Brothers AutomotWe It is our hope that following your review of our Intent we will be granted permission to conlin ue the development process. Ihank you for your time and conYden ion. Architecture: All plans, specifications, and uses will be in compliance with local rode, ordinances and are In keeping ' with the neighboring developments or higher In standard. Variances will be addressed on uu by case basis with City Staff and Reviewing Agencies. The artist's rendering below is an exact representation of our standard prototype. [l Nice difference. 6995 N BARKERS LANL N SJSTON, TX 77079 a 18+.090.6900 . Ordinance No. 3095-7-12, Page 7 ' EXIDBIT "E" BUSINESS MODEL SUMMARY (Continued) 1 40 Zbz� %: Christian Brothers This finished store Is 100% representative of our standard prototype. Hours of 6peradon and Standard procedures Unlike most other Ilyht automotive service facilities, Christian Brothers keep a more conservative schedule. We open at lam ani dose no later than 7 pm, Monday though Friday. All vehicles left overnight are atoned within our secure baso for cmtamer peace of mind and asurance paramctora. We do not do lire work or body repair These two actio es are major noise and storage generatorsand are not a component or our scope mwurk. Add lllonally, work deslgrlatecl as Heavy Vehick Services are net a major component of our scope of work, comprising es than Z% of all work performed. Typically this level of service is only offered "d a vehicle Is brought to us M an unsafe Or otherwise terminal condition. In the majority of cases. the euuemer will be referred to a specialist auto repair facility. Nice difference. I'5995 N BARKERS LANOINU HJ $UfTas i '. � CUSTON. Ta 77074 • 281 870 BON CHRISTiANnROTHiP5AUTO CON Ordinance No. 3095-7-12. Page 8 EXHIBIT "E" BUSINESS MODEL SUMMARY (Continued) `lJ Christian Brothers The business m manned by 3 toe employees antl the owner J franchisee. The Ory of Allen cola find that are operate our stores to the hlghest poultole standards. Ow shop (loon arc cleaned with • 2amboni style mMlne and no poautoms ore ever mlruaad Into the enwmnmam. All autamotive fluids are contained in federal and state compliant EPA containment vessels. Working lmenor Photos P.=n Nice di wezm. Ordinance No. 30957-12 Page 9 N BARKERS LANDING RD . SUITE 145. HOUSTON. TX 77029 • 251 070 8900 I15995 CHRISTIANSROTU F R5 AUTO COM Ordinance No. 30957-12 Page 9 EXHIBIT AE" BUSINESS MODEL SUMMARY (Continued) Christian Brothers 7� Svm.N.ry Based on architecture alone, ware essentially a smal cottage with a nine car garage. Our footprint is very non -Intrusive: and Rowell with any neighboring residential- We trulybene re our development brings a unique eaperienca to the automotive repalr arena. Since our lobby and reception more closely resemble Something you would find in a doctors office, the maintenance and conditioning process becomes leu threatening to people of all walks of life. It Is our hope that The City of Allen and its dozens will truly appreciate our presence and will find us to In a valued member of the community. Thank you, Jonathan Wakefield [BAC Director, New Store Development Nice differenoe. 15995 N BARKERS LANDING RD SUITE NOU3TON t% 77079 1 261 676.6969. O NR15 TIAN BROTME RSAUTO COM Ordinance No. 3095-7-12, Page 10