O-3193-11-13ORDINANCE NO. 3193-11-13
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. 136 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 1, BLOCK
1, COTTONWOOD CREEK VILLAGE SHOPPING CENTER NO. 3, CITY OF ALLEN,
TEXAS (ALSO KNOWN AS 123 N. GREENVILLE AVE., ALLEN, TEXAS)
PRESENTLY ZONED SHOPPING CENTER "SC", TO BE DEVELOPED AND USED
FOR A MINOR AUTOMOTIVE REPAIRS USE; ADOPTING A SITE PLAN,
LANDSCAPE PLAN, AND BUILDING ELEVATIONS; 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 previously amended, be further amended by granting Specific Use Permit No.
136 authorizing the property described as Lot 1, Block 1, Cottonwood Creek Village Shopping Center No. 3, an
addition to the City of Allen, Collin County, Texas (also known as 123 N. Cmenville Ave., Allen, Texas) (the
"Property"), which is presently zoned Shopping Center "SC" to be developed and 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 as a Minor
Automotive Repairs use in accordance with this Specific Use Permit No. 136 shall be subject to the following
special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown in
the Site Plan attached hereto as Exhibit "A" and incorporated herein by reference.
B. The use and development of the Property as a Minor Automotive Repairs use shall be only in
accordance with the Site Plan attached as Exhibit "A," in accordance with the Landscape Plan
attached as Exhibit "B;' and the Building Elevations set forth in Exhibit "C," attached hereto and
' incorporated herein by reference.
C. Only Midas is authorized by this Ordinance to use the Property for a Minor Automotive Repairs
use.
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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 previsions 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 6. Any person, from 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 previsions 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 TIHS THE 2e DAY OF NOVEMBER, 2012.
APPROVED AS TO FORM:
Pe& g, XM,t-' -
Peter G. Smith, QITY ATTORNEY
(kbl:11/12/13:63545)
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg ,ARMC, CITY SE RETARY
Ordinance No. 3193-11.13 Page 2
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EXHIBIT "A"
SITE PLAN
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Ordinance No. 3193-11-13 Page 3
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EXHIBIT "B"
LANDSCAPE PLAN
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Ordinance No. 3193.11-13, Page 4
EXHIBIT "C"
BUILDING ELEVATIONS
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Ordinance No. 3193.11-13 Page 5
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Ordinance No. 3193.11-13 Page 5
' EXHIBIT "C"
BUILDING ELEVATIONS (Continued)
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Ordinance No. 3193.11.13. Page 6