O-226-9-77CITY OF ALLEN, TEXAS, ORDI]
AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN
ACCORDANCE WITH SECTION OF ORDINANCE NO. 129 ;
PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE
PROPERTY DESCRIBED AS 1.0157 ACRES IN THE PETER WETSEL
SURVEY, ABSTRACT NO. 990, ALLEN, COLLIN COUNTY, TEXAS, BE
ISSUED A SPECIAL EXCEPTION PERMIT FOR THE OPERATION OF
A DRIVE-IN RESTAURANT; 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 drive-in restaurant
in a general businessLzone; and
WHEREAS, said request is in accordance with the permissible
special exceptions authorized in Section C of Ordinance 1�9
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 GB (general
business) to -wit:
SITUATED in the City of Allen, Collin County, Texas, out of
the Peter Wetsel Survey, Abstract No. 990 and being a part of an
8.38 acre tract conveyed by S.A.M.V., a Texas Limited
Partnership, to Metrotex Properties, Inc. as recorded in Volume
1022, Page 47 of the Collin County Deed Records, and being more
particularly described as follows:
COMMENCING at an iron rod in the easterly R.O.W. line of
State Highway No. 5, said rod being the northwest corner of the
Allen Independent School District as recorded in Volume 553,
Page 307 and Volume 567, Page 138 of the Collin County Deed
Records;
THENCE S 89 deg 25' E, 510.00 feet to a point;
THENCE S O1 deg 00' W, 961.48 feet to a point;
THENCE N 89 deg 53' E, 400.07 feet to an iron found in
place at the PLACE OF BEGINNING; samd being the northwest corner
of the said 8.38 acre tract of land;
THENCE N 89 deg 53' E, 125.00 feet along the north line of
the said 8.38 acre tract to a point for corner therein;
THENCE S 0 deg 59' 48" W, 354.74 feet to a point for corner
in the south line of the said 8.38 acre tract and in the north
R.O.W. line of F. M. No. 2170;
THENCE N 89 deg 25' W, 125.00 feet along the north line of
the said F. M. No. 2170 and the south line of the said 8.38
acres to the southwest corner thereof;
THENCE N O1 deg 00' E, 353.21 feet along the west line of
the said 8.38 acres to the PLACE OF BEGINNING; and,
CONTAINING 1.0157 acres of land.
SECTION 2:
That said special exception permit shall
authorize the persons occupying the said property to conduct
the operation of a drive-in restaurant in accordance with the
authorized special exceptions contained in Section C of
Zoning Ordinance
SECTION 3:
129
That said special exception permit shall be and
is hereby issued to permit the operation of a drive-in
restaurant.
SECTION 4: 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 drive-in restaurant.
SECTION 5: 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 6: 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 q: 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 1st day of September
1977.
Frank Dugger
City of Allen, Texas
CORRECTLY RECORDED:
ait'z� aa�-71
ty Secretary