O-2732-5-08,� : t .: v aTa7�LOfiRi�GSiF.:
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 BY GRANTING A SPECIFIC USE
PERMIT NO. 104 FOR TIRE SALES AND RELATED PARTS WITH MINOR
AUTOMOTIVE CARE SERVICES FOR PROPERTY ZONED "PD" PLANNED
DEVELOPMENT NO. 61, BEING 0.92± ACRES DESCRIBED IN EXHIBIT "A,"
ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; 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 (S2,000) FOR
EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission 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 A11en, 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 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 Map of the City of Allen,
Collin County, Texas, be amended by granting a change in inning by graining Specific Use Permit No. 104 for
Tire Sales and Related Parts with Minor Automotive Care Services, for property zoned "PD" Planned
Development No. 61, consisting of 0.92 ± acres further described in Exhibit "A," 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 Zoning Regulations of the City of Allen, Texas, subject to the following special
conditions:
I. The Specific Use permit shall be for Tire Sales and Related Parts with Minor Automotive Care
Services.
2. The property shall be developed and used only in accordance with the Site Plan and Elevations,
attached hereto as Exhibits "B" and -C," respectively, and made a part hereof for all proposes, and
which are hereby approved.
SECTION 3. 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 4. Planned Development No. 61, Ordinance No. 1507-7-97, shall continue in full force and effect,
except as amended herein.
U
SECTION & 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.
' 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 Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in etiect for this purpose.
SECTION 7. 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 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 8. 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 13TH DAY OF MAY, 200&
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter C. Smith, CIW ATTORNEY Shelley B. George, IC, CITY SEftffARy
Ordinance No. 2732-5-08, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' Description of a .918 acre tract of land situated in the John J. Miller Survey, Abstract No. 609, Collin
County, Texas, said tract being part of certain tract of land described in Special Warranty Deeds
to Michael V. McCoy, Jeff McCoy and Robert E. Roth recorded in Volume 4877, Page 1003 and
Volume 4877, Page 998 of the Deed Records of Collin County, Texas, said .918 acre tract being more
particularly described as follows:
Beginning, at a ''/cinch iron rod with "Pacheco Koch" set for comer at the intersection of the south line of
Stacy Road (FM 2786) with the west right-of-way line of Goodman Drive (a variable width rightof--way, a
55 foot wide right-of-way at this point); said point also being the northeast comer of said Roth tract;
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Thence, South 00 degrees, 10 minutes, 33 seconds East, a distance of 250 feet along said west line of
Goodman Drive,
Thence, North 89 degrees, 41 minutes, 36 seconds West, parallel to the south line of Stacy Road, a distance
of 160 feet,
Thence, North 00 degrees, 10 minutes, 33 seconds West, a distance of 250 feet, to the south line of said Stacy
Road (FM 2786),
Thence, South 89 degrees, 41 minutes, 36 seconds East, a distance of 160 feet to the Point Of Beginning,
containing 40,000 square feet or .918 acres of land, more or less.
Ordinance No. 2732-5-08, Page 3
EXHIBIT "B"
SITE PLAN
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Ordinance No. 2732-508, Page 4