O-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
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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