O-245-6-78CITY OF ALLEN, TEXAS, ORDINANCE NO. 245
AN ORDINANCE AUTHORIZING A SPECIAL EXCEPTION PERMIT IN
ACCORDANCE WITH SECTION _i OF ORDINANCE NO. 1PR ;
PROVIDING FOR THE ISSUANCE OF THE SAME; PROVIDING THAT THE
PROPERTY DESCRIBED AS 1.020 ACRES IN THE PETER WETSEL SURVEY,
ABSTRACT NO. 990, ALLEN, TEXAS, BE ISSUED A SPECIAL EXCEPTION
PERMIT FOR THE OPERATION OF A CAR WASH; 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 car wash in a district
zoned GB -PD (General Business -Planned Development); and
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 GB -PD (General
Business -Planned Development) to -wit:
0
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 Partner-
ship 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 tract as recorded in Volume 553,
Page 307 and Volume 567, Page 138 of the Collin County Deed Records;
THENCE S 89 deg 25' E, 510.0 feet to a point;
THENCE S O1 deg 00' W, 961.48 feet to a point;
THENCE NORTH 89 deg 53' E, 525.07 feet to an iron rod for
the place of beginning;
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' 36" W, 356.27 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. Hwy. No. 2170;
THENCE N 89 deg 25' W, 125.00 feet along the north line of
the said F. M. Hwy. No. 2170 and the south line of the said 8.38
acres to a point for corner therein;
THENCE N 0 deg 59' 48" E, 354.74 feet to the PLACE OF BEGINNING
and CONTAINING 1.020 acres of land.
SECTION 2: That said special exception permit shall
authorize the persons occupying the said property to conduct a
car wash in accordance with the authorized special exceptions
contained in Section 11 of Zoning Ordinance 1�9
SECTION 3: That said special exception permit shall be and
is hereby issued to permit the operation of a car wash.
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 car wash.
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 7: 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 CO IL OF THE CITY OF
ALLEN, TEXAS, on this theday of ,
1978.
Ma o
City of Allen, Texas
CORRECTLY RECORDED:
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on , by A A,ate,
of Collin County, Texas. A 41inted copy of said publication is attached hereto.
J
SUBSCRIBED AND SWORN to before me this day of
co - j
Notary Public in and
Publisher's Fee $ ��9
Jam_ ,nA.D. 19-2s—
Collin County, Texas
GC�GC�/1/ L^�;�YZG�JL,; lv,
CITY OF ALLEN, TEXAS
ORD A�i C, NO. 24.5
-, AN ' ORDIN.ANCE AUTHOR -"j
IZING A SPECIAL EXCEP-
TION PERMIT IN ACCORD-,
A1ICE WITH SECTION 1'1 OF
ORDINANCE NO.' 129; - PRO-
VIDING FOR THE :ISSUANCE
'OF THE SAME; PROVIDING
THAT THE ,PROPERTY DE-
SCRIBED AS 1.020 "ACRES' IN
THE PETER WETSEL SUR-
VEY. ABSTRACT -NO. 990, AL-
LEN, TEXAS; BE ISSUED A
SPECIAL EXCEPTION PER-
MIT FOR THE OPERATION
OF A CAR WASH; PROVIDING
I, FOR A PENALTY FOR A ,VIO-
' LATION OF THIS ORDI-
NANCE; PROVIDING FOR AN
EFFECTIVE DATE OF -THIS
ORDINANCE; AND PROVID-
ING FOR THE PUBLICATION
OF THE CAPTION HEREOF.
SECTION 7: The caption of this
Ordinance shall be published bne
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 13Y ,
THE CITY. COUNCIL OF THE
CITY OF ALLE&, TEXAS,' on
.this the',lst day of,June, 1978. ;
s-M.B. Pierson, Mayor
City of Allen, Texas
CORRECTLY RECORDED:
-s-Juanelle Cooksey,
City Secref-•ary