Loading...
O-1912-1-01ORDINANCE NO. 1912-1-01 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY AMENDING SPECIFIC USE PERMIT NO. 10 TO ALLOW FOR MINOR AUTOMOTIVE REPAIR ON PROPERTY ZONED PLANNED DEVELOPMENT NO. 3, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B'; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 applicant for Special Use Permit No. 10 has agreed to accept and to be bound by and comply with the requirements of the Specific Use Permit, as set forth herein; and, WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, 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 the Allen Land Development Code Zoning Regulations and Zoning District Map of the City of Allen, 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 District Map, of the City of Allen, Texas, be amended by amending Specific Use Permit No. 10 to allow for minor auto repair subject to special conditions on property zoned Planned Development No. 3 and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. Specific Use Permit No. 10 is hereby amended to allow only minor automotive repair uses subject to the following special conditions: A. That a fire lane be constructed along the northern perimeter of the property to the west property line prior to the issuance of a Certificate of Occupancy. B. That a Certificate of Occupancy shall be applied for and secured within six (6) months from the effective date of this ordinance, unless an extension is obtained as provided for by the Allen Land Development Code. C. The properly 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 property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, as heretofore amended, and as amended herein and the property. SECTION 4. 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 5. 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 Ordinance, as amended hereby, which shall remain in full fome and effect. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the fomrer law is continued in effect for tlus purpose. SECTION 7. Any person, firm or corporation vwlating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Allen Land Development Code, 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 8. This ordinance shall take effect immediately from and after its passage and publication m accordance with the provisions of the Charter of the City of Allen, and it is accordingly so mdamed. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ONTHIS THE 4th DAY OF January ,2001. APPROVED: /' J Step eh n Terrell, MAYOR APPROVED AS TO FORM: ATTEST: G. Smith, CJtV ATTORNEY JOY Mof.#ison, CMC/AAE, CITY SECRETARY Ordinance No. 1 91 2-1 - 01 , Page 2 I F EXHIBIT "A" LEGAL DESCRIPTION Bethany Center Two Addition -Valvoline The property is a .5083 t acre tract of land situated in the William Perrin Survey, Abstract No. 708, Lot 1 of Bethany Center Two, an addition to the City of Allen, Collin County, Texas; further described as being located at the northwest comer of S.H. 5 and Bethany Drive. Ordinance No. 1912-1-01 P1�V� __aaZpaOe6ue4O BO lueM BMPNEAji [ a § e W2 Oz gg YY W 'c A !al+ 2 s ll I F@1:3 aat..t g 91, U11 x a m e m F