O-205-12-76CITY OF ALLEN, TEXAS, ORDINANCE NO. 2C)5
ANORDINANCE AUTHORIZING A SPECIFIC USE PERMIT IN
ACCORDANCE WITH GENERAL ZONING ORDINANCE NO. 129;
PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING
THAT THE PROPERTY LOCATED IN DAVID WETSEL SURVEY,
ABST. NO. 77 BE ISSUED A SPECIFIC USE PERMIT FOR
THE OPERATION OF SELF-SERVICE GASOLINE PUMPS';
PROVIDING FOR A PENALTY FOR A VIOLATION OF'THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, a request having been made ,to the Planning and
Zoning Commission of the City of Allen for a specific use
permit for the operation of self-service gasoline pumps in
a district zoned LR (Local Retail); and
WHEREAS, said request is in accordance with the
permissible specific uses authorized in General Zoning
Ordinance No. 129 and all notices required by said Ordinance
and by law having been in all respects complied with; and
WHEREAS, the Planning and Zoning Commission and the
City Council of the City of Allen, Texas, having considered
all operating data and expert evaluation requested by the
same and being of the opinion that said specific use will
be advantageous and beneficial to the City of Allen and its
inhabitants; and
WHEREAS, the City Council of the City of Allen, Texas,
having considered all opposition to the issuance of said
specific use permit and the vote in favor of the same being
in compliance with the laws and statute's of the State of
Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ALLEN, TEXAS:
SECTION 1: That the following described property, to -wit:
BEING a tract of land situated in the David Wetsel
Survey, Abstract No. 77, Collin County, Texas, and being a
part of a 100.100 acre tract of land conveyed to Allen Land
Company, recorded in Volume 683 at Page 784 of the Deed
Records of Collin County, Texas, and being more particularly
described as follows:
COMMENCING, at a point on the South line of Farm to
Market Road No. 2170, said point being the Northwest corner
of HILLSIDE VILLAGE NO. 1, an addition to the City of Allen;
THENCE NORTH 89 deg. 10' 30" West along the said South
line of Farm to Market Road No. 2170, a distance of 465.39 ft.;
THENCE NORTH 89 deg 25' West continuing along the said
South line of Farm to Market Road No. 2170, a distance of
826.11 ft. to the PLACE OF BEGINNING, an iron stake for corner;
THENCE SOUTH 0 deg 35' West leaving the said South line
of Farm to Market Road No. 2170, a distance of 215.00 ft. to
an iron stake for corner;
THENCE NORTH 89 deg 25' West, a distance of 100.00 ft.
to an iron stake for corner;
THENCE NORTH 0 deg 35' East, a distance of 215.00. ft.
to a point in the said South line of Farm to Market Road No.
2170, an iron stake for corner; ,
THENCE SOUTH 89 deg 25' East along the said South line
of Farm to Market Road No. 2170, a distance of 100.00 ft_. to
the PLACE OF BEGINNING; and
CONTAINING 0.4935 acres of land.
shall be issued a specific use permit, which property is
located in the City of Allen, Texas, and is presently zoned
LR (Local Retail).
SECTION 2: That said specific use permit shall authorize
the persons occupying the said property to operate self-service
gasoline Dumps in accordance with the authorized specific uses
contained in General Zoning Ordinance No. 129.
SECTION 3: That said specific use permit shall be and
is hereby issued to permit the operation of self-service gasoline
pumps
SECTION 4: That said specific use permit shall remain
in force and effect only so long as all requirements of the
State of Texas and City of Allen regarding the operation thereof
shall be complied with.
SECTION 5: That it shall be unlawful for any person,
firm or corporation to make use of said premises in some
manner other than as authorized by this Ordinance, and it
shall be unlawful for any person, firm or corporation to
conduct any operation or business other than that of self-
service gasoline pumps.
SECTION 6: Any person, firm or corporation who violates
any provision of this Ordinance shall be deemed guilty of a
misdemeanor, and upon conviction therefor, shall be fined
any sum not exceeding $200.00, and each and every day that
such violation continues shall be considered a separate
offense; provided, however, that such penal provision shall
not preclude a suit to enjoin such violation.
SECTION 7: That should any part or portion of this
Ordinance, or of the use created herein affecting the
aforementioned property, be declared unconstitutional or
invalid by a Court of competent jurisdiction, it is expressly
provided that any and all remaining portions and those provided
for within this Ordinance shall remain in full force and
effect.
SECTION 8: The caption of this Ordinance shall be
published one time in a weekly newspaper published in the
City of Allen, Texas, and shall be effective immediately
upon its passage and such publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, on this A13e day of--.,�+�-,-�✓ ,
1976.
Frank Dugger, Mtto
City of Allen
CORRECTLY RECORDED:
ity Secretary