O-3420-9-16ORDINANCE NO. 3420-9-16
' 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. 145 AUTHORIZING THE PROPERTY DESCRIBED AS LOTS 1 AND 2,
BLOCK A, HARLEY-DAVIDSON ALLEN ADDITION, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, PRESENTLY ZONED PLANNED DEVELOPMENT NO. 55 (PD 55)
FOR COMMERCIAIJOFFICE "C1W TO BE 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 Zoning Map of the City of Allen,
Collin County, Texas, be amended by graining Specific Use Permit No. 148 authorizing the property described as
Lots I and 2, Block A, Harley-Davidson Addition, City of Allen, Collin County, Texas (the "Property"), which is
presently zoned Planned Development No. 55 for CommerciaVOffice "C/O" (PD 55) to be used for a Minor
Automotive Repair 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 PD 55, and, if developed and used
as a Minor Automotive Repairs use in accordance with this Specific Use Permit No. 148 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 Halle Properties LLC, dba Discount Tire Company of Texas, Inc., is authonzed by this
Ordinance to use the Property for a Minor Automotive Repairs use.
I
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 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 Zoning Regulations, as amended hereby, be adjudged or held to he 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, fum or corporation violating any of the provisions or terns of this Ordinance shall be
subject to the same penalty as provided for tu 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 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 137" DAY OF SEPTEMBER 2016.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
(kbl:n9/16-786431
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
��� ;
Shelley B. Gehq., TRMC, ClINY SECRETARY
Ordinance No. 3420-9-16, Page 2
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