O-1636-9-98ORDINANCE NO. 1636-9-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, AND ORDINANCE NO. 507-5-84, PLANNED
DEVELOPMENT NO. 22 (PD NO. 22), BY APPROVING SPECIFIC USE
PERMIT NO. 60 FOR A SERVICE STATION ON THE FOLLOWING -
DESCRIBED TRACT OF LAND: 0.918 ACRES (40,000 SQUARE FEET)
LOCATED IN TRACT 2 OF EXHIBIT "G" OF PLANNED DEVELOPMENT
NO. 22 IN THE R. C. WHISENANT SURVEY, ABSTRACT NO. 1012, CITY OF
ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "M" SITE
PLAN, EXHIBIT "N' CONCEPT ELEVATIONS AND EXHIBIT "O" LEGAL
DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; PROVIDING FOR A SEVERABE ITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE 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 Stats 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. 1425-5-96, as previously amended, should
be revised.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as
previously amended, and Ordinance No. 507-5-84, Planned Development No. 22 (PD No. 22), be and
the same are hereby amended by approving Specific Use Permit No. 60 for a service station to include
the attachments of gasoline sales on the following -described tract of land: 0.918 acres of land (40,000
square feet) located in Tract 2 of Exhibit "G" of Planned Development No. 22 in the R. C. Whisenant
Survey, Abstract No. 1012, City of Allen, Collin County, Texas.
SECTION 2: The approved Site Plan attached hereto as Exhibit "M" and Concept Elevations
attached hereto as Exhibit 'N" are each made a part hereof for all purposes and shall be adhered to in
their entirety.
SECTION 3: The Legal Description attached hereto as Exhibit "O" is made a part hereof for all
purposes and shall be used in the manner and for the purposes provided for as approved herein.
SECTION 4: 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 frill force and effect.
SECTION 5: 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 ($2,000.00) for each offense.
SECTION 6: 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 7: 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 COUNCELOF THE CITY OF ALLEN, TEXAS,
ONTHE 17thDAYOF SEPTEMBER ,1998,
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Ordinance No. 1636-9-98 Paget
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ORDINANCE NO. 1636-9-98. EXHIBIT
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OPDINANCE NO. 1636-9-9E
EXHIBIT N
LEGAL DESCRIPTION
Being a tract of land situated in the R.C. Whiscnarn Survey Abstract No. 1012, in the City of Allen,
Collin County, Texas and part of a 22.40 acre tract as described in Clerks File No. 92-0043521 of
the Deed Records of Collin County, Texas, and being more particularly described as follows'
BEGINNING at a'/z inch von rod found at the intersection of the South line of Bethany Road (120'
R..O. W ) and the West line of Allen Heights Road (120 feet R.O.W J;
THENCE South 00°30'00" West with the west line of Allen Heights Road a distance of 212.94 feet
to a 1,1 inch iron rod set,
THENCE South 89°21'34" West departing said west line for a distance of 185.76 feet to a'/z inch
iron rod set;
THENCE North 00038'26" West, for a distance of 212.90 feet to a V. inch iron rod set in the south
line of said Bethany Road;
THENCE North 89`21'34" East, with the south line of Bethany Road, for a distance of 190.00 feet
to the POINT OF BEGINNING and containing 40,000.00 square feet of land.
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ORDINANCE 1110. 1636-9-98
EXHIBIT 0