O-208-2-77i
CITY OF ALLEN, TEXAS, ORDINANCE NO.ofUc?
AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN
ACCORDANCE WITH SECTION 11 -GI GENERAL INDUSTRIAL DISTRICT OF
ORDINANCE NO. 129; PROVIDING FOR THE ISSUANCE OF THE SAME;
PROVIDING THAT THE PROPERTY DESCRIBED AS 2.48 ACRES IN
THE PETER FISHER SURVEY, ABSTRACT NO. 324, COLLIN COUNTY,
TEXAS, BE ISSUED A SPECIAL EXCEPTION PERMIT FOR THE
OPERATION OF A CONCRETE BATCHING PLANT; 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, Texas, for a special
exception permit for the operation of a concrete batching plant;
WHEREAS, said request is in accordance with the permissible
special exceptions authorized in Section 11 of Ordinance 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 special exception will be
advantageous and beneficial to the City of Allen, Texas, and its
inhabitants; and,
WHEREAS, the City Council of the City of Allen, Texas,
having considered all opposition to the issuance of said
special exception permit and the vote in favor of the same being
in compliance with the laws and statutes of the State of Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That the following described property shall be
issued a special exception permit, which property is located in
the City of Allen, Texas, and is presently zoned GI (General
Industrial District), to -wit:
SITUATED in Collin County, Texas, out of the Peter Fisher
Survey, Abstract No. 324 and being a resurvey of part of the
82.37 acre tract of land conveyed to M. Whisenant by Pete Lynge,
et ux by deed dated January 3, 1929, and recorded in Volume 274,
Page 247 of the Collin County Deed Records and being described
more particularly by metes and bounds as follows:
BEGINNING at an iron rod for a corner in the Southwest
corner of said tract also being the Northwest corner of a 2.00
acre tract of land owned by Gary E. Hefner;
THENCE NORTH 0 deg 07' 56" East, 303.67 ft. to an iron rod
for a corner;
THENCE SOUTH 89 deg 47' 28" East, 350.95 ft. to an iron rod
for a corner;
THENCE SOUTH 0 deg 12' 18" West, 307.71 ft. to an iron rod
for a corner;
THENCE WEST 89 deg 47' 28" North, 204.15 ft. to an iron rod
for a corner;
THENCE NORTH 0 deg 17' 10" West, 9.19 ft. to an iron rod
for a corner;
THENCE WEST 88 deg 11' 50" South, 146.80 ft. to the PLACE
OF BEGINNING; and
CONTAINING 2.48 acres of land, more or less.
SECTION 2: That said special exception permit shall
authorize the persons occupying the said property to conduct
a concrete batching plant in accordance with the authorized
special exceptions contained in Section 11 of Zoning Ordinance
129.
SECTION 3: That said special exception permit shall be and
is hereby issued to permit the operation of a concrete batching
plant.
SECTION 4: That said special exception permit shall remain
in force and effect for two (2) years from date of this Ordinance
and must be renewed every two (2) years.
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 a concrete batching plant.
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 the day of ,
1977.
Mayor
City of Allen, Texas
CORRECTLY RECORDED:
�P,ity Secretary