O-1792-12-99ORDINANCE NO. 1742-12-99
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A SPECIFIC USE
PERMIT (SUP) FOR MOTORCYCLE SALES ON 3.67 ACRES ZONED "SC
SHOPPING CENTER DISTRICT" IN THE WILLIAM PERRIN SURVEY,
ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING
FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING
FOR A SITE PLAN AND SPECIAL CONDITIONS ATTACHED HERETO AS
EXHIBITS `B" AND "C" RESPECTIVELY, PROVIDING FOR A REPEALING
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 AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, 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 Zoning Ordinance No. 1425-5-96 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:
SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as
previously amended, be amended by granting Specific Use Permit No. 70 for motorcycle sales with special
conditions on the following -described tract of land zoned "SC Shopping Center District": 3.673 acres in the
William Perrin Survey, Abstract No.875, City of Allen, Collin County, Texas, and being further described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the Specific Use Permit for motorcycle sales is hereby approved for the indoor retail
sales of motorcycles and merchandise, without repair services and shall be developed and used only in
accordance with the Site Plan, and Special Conditions attached hereto as Exhibits "B" and "C"
respectively, made part thereof for all purposes and which is hereby approved.
SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein.
SECTION 4. That 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this
ordinance, or of the Comprehensive Zoning Ordinance, 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
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law
and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 7. That 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 S. That 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 THIN CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON TIES THE 10 DAY OF DECEMBER, 1999.
APPROVED:
Stephen Terrell, MAYOR
' APPROVED AS TO FORM: ATTEST:
G. Smith,
�I
Ordinance No. 1792-12-99 Paget
CITY SECRETARY
' LEGAL DESCRD'TION
BETHANY PLAZA SHOPPING CENTER
717 SO. GREENVILLE AVE.
ALLEN, TX 75002
BEING a tract of land, Tract 11, situated in the William Perrin Survey, Abstract No. 708,
and the Rufus Sewell Survey, Abstract No. 875, in the City of Allen, Collin County,
Texas; and being more particularly described by metes and bounds as follows:
BEGINNING at the intersection of the easterly right-of-way line of State Highway No. 5
(a 100 -foot ROW) and the northerly right-of-way line of Bethany Road (a 120 foot
ROW);
THENCE along said ROW line of State Highway No. 5, north 300 35' east, a distance of
400.00 feet to a point for an iron rod for an angle corner;
THENCE departing said ROW line and along the southerly line of a 15' alley, south 590
25' east, a distance of 400.00 east to a point for an iron stake for an angle comer;
THENCE departing said southerly line of 15' alley, south 300 35' west along the westerly
line of a 15' alley, a distance of 400.00 feet to a point for an iron rod for an angle comer
in the Northerly line of Bethany Road;
THENCE along said northerly line, north 590 25' west, a distance of 400.00 feet to the
Place of Beginning and containing 3.673 acres or 160,000 square feet of land.
EDIT A
Ordinance No. 1792-12-99
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LOCATION OF PROPOSE[
MOTORCYCLE SALES
Ordinance No. 1792-12-99
EXHIBIT B
11
SPECIAL CONDITIONS FOR A SPECIFIC USE PERMIT
FOR MOTORCYCLE SALES AND RELATED RETAIL
1. The SUP shall be limited to indoor retail sale of motorcycles and related retail
merchandise only; no repairs or installation of parts shall be permitted.
2. There shall be no outside display, storage, demonstration or testing operations of
motorcycles..
3. If a Certificate of Occupancy is not issued for this use within six (6) months of the
granting of this ordinance, then this SUP shall expire.
EXHIBIT C
Ordinance No. 1792-12-99