O-1833-5-00ORDINANCE NO. 1633-5-00
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
AMENDING SPECIFIC USE PERMIT NO. 54 TO ALLOW A FUELING STATION
SUBJECT TO SPECIAL CONDITIONS FOR PROPERTY ZONED PLANNED
DEVELOPMENT NO. 4 AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT
"B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FIVE
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 of the City of Allen, Texas, 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 fav 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, Texas, as previously
' amended, should be amended.
NOW, THEREFORE, BE IT 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, as previously amended, be amended by amending Specific Use Permit No. 54 for a fueling
station subject to special conditions for property zoned Planned Development District No. 4 and being further
described in Exhibit "A" attached hereto.
SECTION 2. That the Specific Use Permit for a fueling station shall be subject to the Site Plan attached
hereto as Exhibit "B" and which is hereby approved.
SECTION 3. That the Specific Use Permit for a service station to the following conditions:
1. The Specific Use Permit shall terminate six (6) months after the adoption of this ordinance
unless a certificate of occupancy has been issued for that use within that time period.
2. The property shall be developed and used only in accordance with the Site Plan, Exhibit
`B "
SECTION 4. 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 5. 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 6. 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 be 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 7. That 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 S. 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.
SECTION 9. 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 19m DAY OF MAY, 2000.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Ai
Peter G. Smith, CITY ATTORNEY Ju# Morigan, CMC/AAE, CITY SECRETARY
OrdinanceNo. 1833-5-00 Paget
LEGAL DESCRIPTION
ITUATED in Collin County, Texas, and being part of Lot 2 of Mr. Quik Addition No. 2, an
ddition to the City of Allen, according to the Plat thereof recorded in Volume C, Page
13, of the Map and Plat Records of Collin County, Texas, being more particularly
described by metes and bounds to -wit:
BEGINNING at an iron pin being the most Southerly corner of Lot 2;
THENCE North 57 deg. 31 min. 14 sec. West with the Southwest line of said Lot 99.78 feet
to an iron pin found;
THENCE North 32 deg. 22 min. 27 sec. East 43.66 feet to an iron pin found;
THENCE North 57 deg. 28 min. 42 sec. West with the South line of Lot 2, 295.28 feet to an
iron pin set;
THENCE North 32 deg. 00 min. 45 sec. East with the new right-of-way line of State Hwy. 5 a
distance of 100.28 feet to an iron pin found;
THENCE South 57 deg. 27 min. East with the Northeast line of said Lot 2, 396.26 feet to an
iron pin found;
THENCE South 32 deg. 36 min. West 143.67 feet to the PLACE OF BEGINNING, containing 44,001
square feet.
NOTE: The Company does not represent that the above acreage or square footage
calculations are correct.
' EXHIBIT A
Ordinance No. 1833-5-00
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