O-511-5-84ORDINANCE NO. 511-5-84
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81 SO AS TO ALLOW A SPECIFIC USE PERMIT ALLOWING
GASOLINE SALES IN A RETAIL PLANNED DEVELOPMENT DISTRICT
WITHIN A 1.505 ACRE TRACT OF LAND, IN BLOCK A, GREENWOOD
VALLEY INSTALLMENT NO. 2, AS RECORDED IN THE DEED RECORDS,
CABINET C, PAGE 520, COLLIN COUNTY, TEXAS, LOCATED WITHIN
"PD" PLANNED DEVELOPMENT NO. 2; PROVIDING A SAVING CLAUSE;
PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen in the exercise of its legislative discretion have concluded that gasoline
sales in a Retail Planned Development District should be allowed only under a Specific
Use Permit within "PD" Planned Development No. 2; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen have found this request to be consistent with zoning requirements; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen are of the opinion that the allowance of gasoline sales within a Retail
Planned Development District would be appropriate within such area; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen have recommended approval of a Specific Use Permit within a designated
area of "PD" Planned Development No. 2; and,
WHEREAS, the Planning and Zoning Commission 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 afforded a 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
Ordinance No. 511-5-84 - Page 1
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that Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be
amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 of the
City of Allen, Texas, is hereby amended as follows:
That the zoning map of the City of Allen be amended so as to
allow a specific use permit allowing gasoline sales in a Retail Planned
Development District within a 1.505 acre tract of land in Block A, Greenwood
Valley Installment No. 2, as recorded in the Deed Records, Cabinet C, Page 520,
Collin County, Texas, located within "PD" Planned Development No. 2.
SECTION 2. That 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. 366-10-81 of the City of Allen, Texas, as
heretofore amended, and upon conviction shall be punished by a fine not to exceed the
sum of Two Hundred Dollars ($200.00) for each offense.
SECTION 3. That 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 delcares it would have passed the remaining portions even though it had known
the affected parts would be held unconstitutional.
SECTION 4. That in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all violations of this
Ordinance.
SECTION 5. That 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.
Ordinance No. 511-5-84 - Page 2
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS ON THE 17th DAY OF May , 1984.
APPROVED:
Donald P. Rodenbaugh, Mayor
ATTEST:
m �g-
Marty Hendrix, Cit Secretary
APPROVED AS TO FORM:
eKmt—er, Ci Attorney
Ordinance No. 511-5-84 - Page 3