O-2741-5-08ORDINANCE NO. 2741-5-09
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. 105 FOR MINOR AUTOMOTIVE CARE
SERVICES FOR PROPERTY ZONED "SC" SHOPPING CENTER, BEING 0.946±
ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND THE
JAMES T. ROBERTS SURVEY, ABSTRACT NO. 777 AND FURTHER DESCRIBED
IN EXHIBIT "A"; 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 (52,000) 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 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 Zoning
Regulations and Zoning Map of the City of Allen, as previously amended, should he 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 Specific Use Permit No. 105 for Minor Automotive Care
Services, for property zoned "SC" Shopping Center, consisting of 0.946 ± acres in the Henry Wetsel Survey,
Abstract No. 1026, and the James T. Roberts Survey, Abstract No. 777, 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. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, subject to the following special conditions:
1. The Specific Use Permit shall be for Minor Automotive Care Services.
2. The property shall be developed and used only in accordance with the Site Plan, attached hereto as
Exhibit "B," and made a part hereof for all purposes and which is 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. 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 & Any person, finn 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 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 27TH DAY OF MAY, 2008.
V ti4LS13
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CIT41 ATTORNEY Shelley B. GeorJORMC, CITY SECRETARY
Ordinance No. 2741-508, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
t 0.ACRES
Part off Lo Lot 2, Block A,
Allen Center North Addition
Henry W etsel Survey Abstract 1026, James T. Roberts Survey Abstract 777
City of Allen, Collin County, Texas
BEING all that certain lot, tract or parcel of land situated in the Henry Wetsel Survey, Abstract No. 1026,
and in the lames T. Roberts Survey, Abstract No. 777 a part of a called 148.82 acre tract of land described in
a deed to Hassie Hunt, Incorporated, recorded in Volume 966, Page 462, Deed Records, Collin County,
Texas, and being more particularly described as follows;
COMMENCING at a 1/2 inch iron rod found for comer at the northeasterly comer of said tract;
THENCE N 89 deg . 43 min. 15 sec. W a distance of 45.07 feet to a5/8 inch iron rod set for comer at the
northeasterly comer of the subject tract, same being the POINT OF BEGINNING of the subject tract;
THENCE S 00 deg. 17 min. 45 sec. W a distance of 275.81 feet to a 5/8 inch iron rod set for comer at the
southeasterly comer of the subject tract;
THENCE N 89 deg. 41 min. 32 sec. W a distance of 149.47 feet to a 5/8 inch iron rod set for comer at the
southwesterly comer of the subject tract;
THENCE N 00 deg. 19 min. 31 sec. E a distance of 275.77 feet to a 5/8 inch iron rod set for comer at the
northwesterly comer of the subject tract;
' THENCE S 89 deg. 42 min. 30 sec. E a distance of 149.33 feet to the POINT OF BEGINNING, and
containing a computed area of 0.946 acres (41,204 SQ. FT.) of land, more or less.
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Ordinance No. 2741-5-08, Page 3
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EXHIBIT "B^
SITE PLAN
Ordinance No. 2741-5AB. Page 4