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HomeMy WebLinkAboutO-420-11-82ORDINANCE NO. 420-11-82 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN AS HERETOFORE AMENDED SO AS TO ATTACH A SPECIFIC USE PERMIT FOR THE ACCESSORY USE OF "GASOLINE SALES" THEREFORE RESTRICTING THE NORTHERN TWO (2) ACRES OUT OF A 8.545 ACRE TRACT IN THE PETER WETZEL SURVEY, ABSTRACT NO. 990, AND BEING THE SAME 8.54 ACRE TRACT OF LAND DESCRIBED AS TRACT 3 IN A DER) FROM METROTEX PROPERTIES, INC., A TEXAS CORPORATION, AS RECORDED IN VOLUME 1051, PAGE 208, OF THE COLLIN COUNTY DEED RECORDS, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PD -SC NO. 6; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that the Comprehensive Zoning Ordinance No. 366-10-81 should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, Texas, as heretofore amended and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following described tract of Ordinance No. 420-11-82 - Page 1 land the following zoning classification, to -wit: That the area be and the same is hereby approved for zoning purposes, a specific use permit for the accessory use of "gasoline sales". Area to be officially delineated on the Official Zoning Map as "S" PD -SC No. 6, and further described as the northern two (2) acres out of a 8.545 acre tract in the Peter Wetzel Survey, Abstract No. 990, and being the same 8.54 acre tract of land described as Tract 3 in a deed from Metrotex Properties, Inc., a Texas corporation, as recorded in Volume 1051, Page 208, of the Collin County Deed Records, and further described as the northern two (2) acres of a 8.545 acre tract located at the southeast corner of Pebblebrook Drive and Highway 5, Allen, Texas. SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. SECTION 3. That the above-described tract of land shall be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the granting of this zoning classification. SECTION 4. 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 the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of $200.00 for each offense. SECTION 5. That it appears the above-described property requires that it be given the above zoning classification in order to permit its proper development and, in order to protect the public interest, comfort, and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 18th DAY OF November , 1982. Ordinance No. 420-11-82 - Page 2 APPROVED AS TO FORM: w er, City Attorney APPROVED: M. .Pierson, ayor ATTEST: (X� W'-� " awikx�/' Marty Hendrix, City tecretary Ordinance No. 420-11-82 - Page 3