O-1613-7-98ORDINANCE NO. 1613-7-98
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, AND ORDINANCE NO. 367-10-81, PLANNED
DEVELOPMENT -LOCAL RETAIL NO. 2 (PD -LR NO. 2), BY APPROVING
SPECIFIC USE PERMIT NO. 59 AND SITE PLAN FOR GASOLINE SALES ON
THE FOLLOWING DESCRIBED TRACT OF LAND: 13774 ACRES OF LAND
IN THE J. A. TAYLOR SURVEY, ABSTRACT NO. 908, CITY OF ALLEN,
COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT *0 SITE PLAN;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE; PROVIDING
FOR A SEVERABILITY 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 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 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. 367-10-81, Planned Development -Local Retail No. 2 (PD -LR
No. 2), be and the same are hereby amended by approving Specific Use Permit No. 59 and site plan for
gasoline sales on the following -described tract of land: 1.3774 acres of land in the J. A. Taylor Survey,
Abstract No. 908, City of Allen, Collin County, Texas.
SECTION 7- The property described as 1.3774 acres of land in the J. A. Taylor Survey, Abstract No.
908, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for
as approved herein.
SECTION 3: The approved site plan attached hereto as Exhibit "E" is made a part hereof for all
purposes and shall be adhered to in its entirety.
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be, and the same are hereby, repealed; provided however, that all other provisions of said ordinances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 full 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 COUNCII.OF THE CITY OF ALLEN, TEXAS,
ON TILE 16TH DAY OF JULY 1998.
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
..c 41
A. Crowder, CITY ATTORNEY J or on, CMC, CITY SECRETARY
Ordinance No. 1613-7-98 Page 2
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