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O-2686-12-07ORDINANCE NO. 2686-12-07 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. 103 FOR TIRE SALES AND RELATED PARTS WITH MINOR AUTOMOTIVE CARE SERVICES FOR PROPERTY ZONED "SC" SHOPPING CENTER DISTRICT, BEING 1.17541 ACRES DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING FOR SPECW. CONDITIONS; 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 Developmem Code and Zoning Map of the City of Allen, as previously amended, should be fu: =he. ;.mend. 1. 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. 103 for Tire Sales and Related Parts with Minor Automotive Can; Services, for property described as 1.1754± acres further described in Exhibit "A," attached hereto and made a part hereof for all purposes. SECTION 2. The properly 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, subject to the following special condition: The Specific Use Permit shall be for Tire Sales and Related Parts with Minor Automotive Care Services. The property shall be developed and used only in accordance with the Concept Plan, attached hereto as Exhibit "B," and made part hereof for all purposes. 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Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict herewith shall remain in full force and effect.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. I 1 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, 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 terns of this Ordinance shall be subject to the same penalty as provided for in the Allen Land Development Code, 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 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 TILS THE 11TH DAY OF DECEMBER, 2007. APPROVED AS TO FORM: Peter G. Smith, CITY kTTORNEY APPROVED: Stephen Terrell, MAYOR ATIEST Shelley B. Georg C, CITY 99CRETARY Ordinance No. 2686-12-07, Page 2 E7IITEIIT "A" LEGAL DESCRIPTION ' DESCRIPTION, of a 1.1754 acre tract of land situated in the Michael Lee Survey, Abstract No. 543, City of Allen, Collin County, Texas; said tract being part of that certain tract of land described in Special Warranty Deed With Vendors Lien to Allen Watters, L.P. recorded in County Clerk's File No. 97-0075425 of the Deed Records of Collin County, Texas; said 1.1754 acre tract being more particularly described as follows: BEGINNING, at a "+" cut in concrete found for corner in the west right-of-way line of Watters Road (a variable width right-of-way); said point also being the southeast comer of Lot 1R, Block A, Allen Watters, L.P. Addition, an addition to the City of Allen, Texas according to the plat recorded in Cabinet N, Page 568 of the Plat Records of Collin County, Texas; THENCE, South 01 degrees, 38 minutes, 17 seconds East, along the said west line of Watters Road, a distance of 191.24 feet to a 5/8 -inch iron rod with "Pogue Eng & Dev" cap set for corner; THENCE, Due West, departing the said west line of Watters Road, a distance of 275.70 feet to a 5/8 -inch iron rod with "Pogue Eng & Dev' rap set for comer, THENCE, Due North, a distance of 173.38 feet to a "+" cut in concrete set for comer in the south line of Lot 1, Block 1, Allen Carwash Addition, an addition to the City of Allen, Texas according to the plat recorded in Cabinet P, Page 189 of the said Plat Records; THENCE, Due East, along the sai• aourh line of Lot 1, 91ock 1, a distance of 55.02 feet to a "+• cut in concrete found for corner; said point also being the southeast comer of said Lot 1, Block 1; THENCE, Due North, departing the said south line of Lot 1, Block 1 and along the east line of said Lot 1, Block 1, a distance of 17.78 feet to a "+" cut in concrete set for corner, said point also being the southwest comer of said Lot 1 R, Block A; THENCE, Due East, departing the said east line of Lot 1, Block 1 and along the south line of said Lot 1R, Block A, a distance of 215.21 feet to the POINT OF BEGINNING; CONTAINING, 51,201 square feet or 1.1754 acres of land, more or less. Ordinance No. 2686-12-07, Page 3 II II EXBTBrf `B" CONCEPTPLAN Ordinance No. 2686-12-07, Page 4