O-2979-12-10ORDINANCE NO. 2976-12-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING SPECIFIC USE PERMIT NO. 115 FOR AUTOMOTIVE REPAIRS,
MINOR FOR PROPERTY ZONED "SC" SHOPPING CENTER, BEING 0.7446±
ACRES IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, CITY OF ALLEN,
COLLIN COUNTY, TEXAS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
ADOPTING A SITE PLAN; ADOPTING BUILDING ELEVATIONS; PROVIDING A
CONFLICTS RESOLUTION CLAUSE; 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 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 and Zoning 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 and Zoning Map of the City of Allen, Texas, be amended
by granting Specific Use Permit No. 115 for Automotive Repairs, Minor for property described as 0.7446± acres
in the Michael See Survey, Abstract No. 543, City of Allen, Collin County, Texas further described in Exhibit
"A," ("the Property") attached hereto and made a part hereof for all purposes.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code of the City of Allen, Texas, and, if developed and used for Automotive Repairs,
Minor, as authorized pursuant to Section 1, above, shall be subject to the following special conditions:
1. The Property shall be developed and used only in accordance with the Site Plan, attached
hereto as Exhibit "B;' and made part hereof for all purposes.
2. The Property shall be developed and used only in accordance with the Building Elevations,
attached hereto as Exhibit "C;' and made part hereof for all purposes.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of
the Property, 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, 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, as amended hereby, which shall remain in full force and effect.
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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, firm or corporation violating any of the provisions or terms of this Ordinance shall
he subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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 of the
caption 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 14"r DAY OF DECEMBER, 2010.
APPROVED AS TO FORM:
("�)a
Pe er G. Smith, CM ATTORNEY
(MI: tv4tlO:"793)
APPROVED:
Stephen TeGell, MAYOR
ATTEST:
She hey B. Geo CITY SECRETARY
Ordinance No. 2976.12.10, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING all that certain lot, tract or parcel of land situated in the Michael Lee Survey, Abstract Number 543, City of
Allen, Collin County, Texas, and being a part of that certain tract of land described in deed to Allen Watters, L.P.%
recorded under Instrument Number 20071112001532300 of the Real Property Records of Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with a cap stamped "Pogue Eng. Dev."found at the southeast comer of Lot 4,
Block A, Allen Watters, L.P. Addition, an addition to the City of Allen, Collin County, Texas, according to the
plat thereof recorded in Volume 2008, Page 580 of the Plat Records of Collin County, Texas, and being at the
most easterly northeast comer of said Allen Watters, L.P. tract, said point being in the west line of Walters
Road, a public roadway;
THENCE South Ol degree 38 minutes 17 seconds East, with the west line of said Watters Road, a distance of
46.36 feet to a V2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY" set for comer
thereof;
THENCE South 00 degrees 00 minutes 00 seconds West, continuing with the west line of said Watters Road,
a distance of 70.86 feet to a V2 inch iron rod with a yellow cap stamped "ARTHUR SURVEYING COMPANY"
set for comer thereof;
THENCE over, across and through said Allen Watters, L.P. tract the following two (2) calls:
North 90 degrees 00 minutes 00 seconds West, a distance of 277.03 feet to a Ve inch iron rod with a yellow cap
stamped 'ARTHUR SURVEYING COMPANY" set for comer;
' North 00 degrees 00 minutes 00 seconds East, a distance of 117.20 feet to a 5/8 inch iron rod with a cap
stamped "Pogue Eng. Dev."found at the southwest corner of said Lot 4, Block A;
THENCE South 90 degrees 00 minutes 00 seconds Bast, with the south line of said Lot 4, Block A, a distance of
275.70 feet to the POINT OF BEGINNING, and containing 0.7446 acres of land, more or less.
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Ordinance No. 2976-12-10, Page 3
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EXHIBIT "B"
CONCEPTPLAN
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Ordinance No. 2976.12.10, Page 4
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Ordinance No. 2976.12.10, Page 4
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BUILDING ELEVATIONS
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