O-1729-5-99ORDINANCE NO. 1729-5-99
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY APPROVING
SPECIFIC USE PERMIT NO. 65 FOR A SERVICE STATION FOR A .573 ACRE
TRACT OF LAND ZONED "CBD" CENTRAL. BUSINESS DISTRICT LOCATED
IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN,
COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO; PROVIDING FOR A SITE PLAN, LANDSCAPE PLAN,
AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS "B","C",
AND "D", RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 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 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, as previously amended, be amended by approving Specific Use Permit No. 65 for a service
station for the following described tract of land zoned "CBD" Central Business District: .573 acres in the
William Perrin Survey, Abstract No. 705, City of Allen, Collin County, Texas, 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, and
made a part hereof for all purposes, and which are hereby approved.
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 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 retrain in full force and effect.
SECTION 6. 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 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.
SECTION 8. 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 20TH DAY OF MAY, 1999.
APPROVED:
e4o—lf—Q71
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. SmithJACITY ATTORNEY Aidy Mo n, CMC, CITY SECRETARY
Ordinance No. 1729-5-99
Being a 0.573 acre tract
of land
situated in
the
William Perrin Survey, Abstract No.
708, and being a part of
Lot 4,
Block 8 of
the
Whisenant Addition, an addition to the
City of Allen, Texas, and
being a all of the
tract described in a deed to Humber Oil
4 Refining Company, as recorded
in Volume
708,
Page 116, Deed Records, Collin
County, Texas;
110
THENCE
North IQ degrees
43 minutes 5B seconds West
BEGINNING at a 6Od nail found on the south line of Belmont Road (30 foot right of
way), and being on the east line of U.S. Highway No. 75 (variable width right of
way); THENCE South 59 degrees 47 minutes 32 seconds East (Deed South 5e degrees
52 minutes East), along the south line of said Belmont Road, a distance of 138.16
feet (Deed 138.20') to a 1/2 inch iron rod Found for corner, said iron being the
northwest corner of a tract conveyed to Everd A. Terrell as recorded In Volume 1355,
Page 346, of said Deed Records; ',;_„
THENCE South 00 degrees 03 minutes 00 seconds East, along the west line of said
Everd A. Terrell tract, a distance of 202.37 feet (Deed 202.50 feet) to a 1/2 inch
iron rod found for corner, said iron being on the north line of McDermott Drive (110
foot right of way) and being the southwest corner of a tract conveyed to Don E.
Brozeal as recorded in Volume 1283, Page 541, of said Deed Records;
THENCE North 89 degrees 52 minutes 00 seconds West, along the north line of said
McDermott Drive, a distance 50.00 feet to a 1/2 inch iron rod set for corner;
THENCE North 02 degrees 06 minutes 51 seconds West (Deed North 02 degrees 17
minutes West), along the east line of aforesaid U.S. Highway No. 75, a distance of
92.25 feet (Deed 01.40 feet) to the POINT OF BEGINNING and containing 0.573 acres
or 24, 959 scq,ore feet of land, more or less.
SURVEY CERTIFICATE
CERTIES TO: AMERICAN TITLE COMPANY,: CN. 99 BC 521081-U
The undersigned further CERTIFIES that this survey ism "ALTA/ACSM Land Tile
Survey" and (for Texas property Only) has been prepared in accordance with the
requirements for a Category IA of the Texas Surveyors Association Manual for Proctic
for Land 5urveyigg in Texas.
Registered ,,Professlonal Land Surveyor
RegistraU6n No. 5100
�i
EXHIBIT A
Ordinance No. 1729-5-99 Page 3
THENCE
North 75 degrees
24 minutes 00 second West,
along
the east line of
aforesaid
U.S. Highway No.
75, a distance of 51.50 feet
to a
1/2 inch iron rod set for
corner;
110
THENCE
North IQ degrees
43 minutes 5B seconds West
(Deed
North 19 degrees 32
minutes
West), along the
cost line of aforesaid U.S. Highway
No. 75, a distance of
103.70 feet (Deed 104.20
feet) to a found right of way
mark
for corner;
THENCE North 02 degrees 06 minutes 51 seconds West (Deed North 02 degrees 17
minutes West), along the east line of aforesaid U.S. Highway No. 75, a distance of
92.25 feet (Deed 01.40 feet) to the POINT OF BEGINNING and containing 0.573 acres
or 24, 959 scq,ore feet of land, more or less.
SURVEY CERTIFICATE
CERTIES TO: AMERICAN TITLE COMPANY,: CN. 99 BC 521081-U
The undersigned further CERTIFIES that this survey ism "ALTA/ACSM Land Tile
Survey" and (for Texas property Only) has been prepared in accordance with the
requirements for a Category IA of the Texas Surveyors Association Manual for Proctic
for Land 5urveyigg in Texas.
Registered ,,Professlonal Land Surveyor
RegistraU6n No. 5100
�i
EXHIBIT A
Ordinance No. 1729-5-99 Page 3
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