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Home My WebLink AboutO-1774-9-99ORDINANCE NO. 1774.9-9 AN ORDINANCE OF TETE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 56, TRACT 3, BY GRANTING SPECIFIC USE PERMIT WITH SPECIAL CONDITIONS FOR SERVICE STATION ON 1.3172 ACRES IN THE JOHN HUFFMAN SURVEY, ABSTRACT NO. 416, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS, AND SITE PLAN, LANDSCAPE PLAN AND BUILDING ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C" AND "D" RESPECTIVELY PROVIDED HOWEVER, THAT BUILDING ELEVATIONS BE SUBMITTED TO THE PLANNING DIRECTOR PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, AND AT LEAST 75% OF THE EXTERIOR OF THE BUILDING SHALL BE CONSTRUCTED OF BRICK OR STONE; PROVIDING A REPEALING CLAUSE; 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 otberwise, 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, be amended by amending Planned Development No. 56, Tract 3, by Granting Specific Use Permit No. 68 with special conditions for a Service Station on 1.3172 acres in the John Huffman Survey, Abstract No. 416, City Of Allen, Collin County, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Landscape Plan and Building Elevations, attached hereto as Exhibits "B", "C" and "D" respectively, are hereby approved, and made part thereof for all purposes, provided however, the Specific Use Permit no. 68 for a service station sha0 be subject to the following special conditions: that building elevations be submitted to the Planning Director prior to the issuance of a building permit, and at least 75% of the exterior of the ' building shall be constructed of brick or stone. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. That 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. 1425-5-96 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. SECTIONS. That 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 THE 16- DAY OF SEPTEMBER, 1999. APPROVED: Stephen 'Terrell, _M�AYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Judy Mo n, CMC, CITY SECRETARY Ordinance No 1774-9-99 Paget LEGAL DESCRIPTION ' BEING a tract of land out of the John Huffman Survey, Abstract No. 416 and known as Lot 4, Block A of the preliminary plat of the Custer/McDermott Addition, an addition to the City of Allen, Collin County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron rod found for corner at the northern corner clip of the South Right -of -Way line of McDermott Drive (a variable width Right -of -Way) and the East Right -of -Way line of Custer Road (a 90' Right -of -Way); THENCE South 89 degrees, 52 minutes, 05 seconds East along said Right -of -Way line of McDermott Drive, a distance of 229.54 feet to a '�" iron rod set for corner; THENCE South 00 degrees, 07 minutes, 55 seconds West leaving said Right -of -Way line of McDermott Drive, a distance of 134.73 feet to a '&i" iron rod set for corner; THENCE South 39 degrees, 44 minutes, 40 seconds West, a distance of 166.83 feet to a '�" iron rod set for corner; ' THENCE South 89 degrees, 19 minutes, 26 seconds West, a distance of 140.98 feet to a 12" iron rod set for corner on the east Right -of -Way line of Custer Road; THENCE North 05 degrees, 03 minutes, 47 seconds East along said Right -of -Way line, a distance of 59.77 feet to a '�" iron rod set for corner; THENCE North 00 degrees, 40 minutes, 34 seconds West continuing along said Right -of -Way line, a distance of 189.39 feet to a v�" iron rod set for corner on the southern corner clip of said intersection of the South Right -o£ -Way line of McDermott Drive and the East Right -of -Way line of Custer Road; THENCE North 43 degrees, 20 minutes, 19 seconds East along said corner clip, a distance of 22.39 feet to the POINT OF BEGINNING and containing 57,378 square feet or 1.3172 acres of land more or less. 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