O-1358-9-95ORDINANCE NO. 1358-9-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS
PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT AND
SITE PLAN FOR AN OIL AND LUBE FACIIITY ON THE FOLLOWING -
DESCRIBED TRACT OF LAND: LOT 1A, BLOCK 8, WHISENANT
ADDITION, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY,
TEXAS; PROVIDING FOR EXHIBIT' "A" SITE PLAN, PROVIDING FOR
STIPULATIONS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE
DATE OF SAID ORDINANCE.
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 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 Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should
be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously
amended, be amended by approving a specific use permit and site plan for an oil and lube facility and
providing for stipulations on the following -described tract of land: Lot 1A, Block 8, Abstract No. 708,
Whisenant Addition, City of Allen, Collin County, Texas. -
SECTION 2: The property described as Lot 1A, Block 8, Abstract No. 708 of the Whisenant
Addition, an Addition to the City of Allen, Collin County, Texas, shall be used in the manner and for
the purposes provided for as approved herein.
SECTION 3: The approved site plan attached hereto as Exhibit "A" is made a part hereof for all
purposes and shall be adhered to in its entirety.
SECTION 4: A six-foot masonry screening wall along the north boundary matching the building will
be constructed.
SECTION 5: The dumpster will be constructed with brick veneer to match the building
SECTION 6: The City Staff and the petitioner will strive to save as many trees as possible, and any
not saved will be placed at a location that the City Staff designates with equal caliper on -an inch per
inch basis, a minimum of three inches per tree.
SECTION 7: All signage will be in conformance with Sign Ordinance No. 1198-9-93.
SECTION 8: A curb along the west side of the property will be designed and constructed to maximize
tree conservation.
SECTION 9: The exterior of the building will be constructed of brick veneer, and the City Staff will
determine that the appearance is compatible with adjacent properties.
SECTION 10: The lights on the building will not interfere with neighboring properties.
SECTION 11: The location of the inlet on Anna Drive will be coordinated with City Staff.
SECTION 12: The landscaping will be automatically irrigated.
SECTION 13: Notes regarding revision of the inlet on McDermott Drive will be removed and
typographical errors will be corrected.
SECTION 14: 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 15: 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 Comprehensive Zoning Ordinance No.
829-11-87 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 ($2,000.00) for each offense.
SECTION 16: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 17: 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, TEXAS,
ON THE 7TH DAY OF SEPTEMBER, 1995.
APPROVED AS TO FORM:
A. Don CrowVer, CITY ATTORNEY
APPROVED:
f
J Farmer, MAYOR
ATTEST:
Ordinance No. 1358-9-95 Page 2
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Abstract 708
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Wednesday, August 23, 1995
and which was issued on
Auaust 23.1995
by C i t y O f A 11 e n of COLLIN COUNTY, TEXAS
A printed copy of said public tion is attached hereto.
gA;7::
SUBSCR ED AND SWORN to before me this
day, A.D. 19
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 14 . 6 3
V. A. TODD
•;��*= hTe COMMISSION E(PIF:ES
Dacember 5, 1996
CITY OF ALLEN
NOTICE OF PUBLIC HEARING.
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, September 7,1995, at 7:30 p.m. in the
Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, to consider
a request for a Specific Use Permit with site
plan approval to allow an oil and lube facil-
ity in the Central Business District.
This request is on property described as
Lot 1 A, Block 8, Whisenant Addition, lo-
cated in Abstract No. 708, City of Allen, -
Collin County, Texas; further described as
being located at the northwest corner of
McDermott Drive and Anna Drive.
Anyone wishing to speak FOR or
AGAINST this request is invited to attend
this public hearing and voice his or her
opinion.
For further information, contact the Depart-
ment of Community Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120.
/s/ Judy Morisson
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1358-9-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
September 13 & September 16, 1995
and which was issued on
September 13, 1995
by C i t y O f A 11 e n of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED4DS N tobefore me this
daA.D. 19_9,
�a1;J_XkW,_
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee x 4 0. 5 0
V. A. TODD
'y = MY COMMISSION EXPIRES
;�F o ; December 5, 19995
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
September 7, 1995 (Tite and Penalty
Clause):
Ordinance No. 1358-9-95: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 872-11-87, as Previously
Amended, Approving a Specific Use Per-
mit and Site Plan for an Oil and Lube Facil-
ity on the Following -Described Tract of
Land: Lot 1 A, Block 8, Whisenant Addition,
Abstract 708, City of Allen, Collin County;
Providing for Exhibit "A" Site plan; Provid-
ing for Stipulations; and Providing for a
Penalty Fine Not to exceed the Sum of Two
Thousand Dollars ($2,000) for Each Of-
fense; Providing for a Severability Clause;
and Providing for the Effective Date of Said
Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
Penalty as p ovided for in the Comprehen-
sive Zoninc Ordinance No. 829-11-87 of
the City of %,Ilen, as heretofore amepded,
and upo onviction shall be punished by a
fine no' 'o exceed the sum of Two Thou-
sand CAlars ($2,000) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75013.
/s/ Judy Morrison
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
September 7, 1995 (rite and Penalty
Clause):
Ordinance No. 1358-9-95: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Comprehensive Zoning Ordi-
nance No. 872-11-87, as Previously
Amended, Approving a Specific Use Per-
mit and Site Plan for an Oil and Lube Facil-
ity on the Following -Described Tract of
Land: Lot 1 A, Block 8, Whisenant Addition,
Abstract 708, City of Allen, Collin County;
Providing for Exhibit "A" Site plan; Provid-
ing for Stipulations; and Providing for a
Penalty Fine Not to exceed the Sum of Two
Thousand Dollars ($2,000) for Each' Of-
fense; Providing for a Severability Clause; i
and Providing for the Effective Date of Said
Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in the Comprehen-
sive Zoning Ordinance No. 829-11-87 of
the City of Allen, as heretofore amended,
and upon conviction shall be punished by a
fine not to exceed the sum of Two Thou-
sand Dollars ($2,000) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75013.
/s/ Judy Morrison
City Secretary