O-615-6-85ORDINANCE NO. 615-6-85
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81 OF THE CITY OF ALLEN AS HERETOFORE AMENDED SO AS
TO ATTACH A SPECIFIC USE PERMIT FOR THE ACCESSORY USE OF
"GASOLINE SALES" THEREFORE RESTRICTING THE 3.217 ACRE
TRACT IN THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, COLLIN
COUNTY, TEXAS; PRESENTLY DELINEATED ON THE OFFICIAL
ZONING MAP AS PD -SC NO. 4; PROVIDING FOR A PENALTY;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION OF THE CAPTION.
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 notice by publication and otherwise; and,
WHEREAS, the Planning and Zoning Commission and the governing body of the
City of Allen, have held 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,
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 the
Comprehensive Zoning Ordinance No. 366-10-81 should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance No. 366-10-81 of
the City of Allen, Texas, is heretofore amended and the same is hereby amended by
amending the Zoning Map of the City of Allen to give the following described tract of
land the following zoning classification, to -wit:
Ordinance No. 615-6-85 - Page 1
That the area be and the same is hereby approved for zoning purposes, a specific
use permit for the accessory use of "gasoline sales". Area to be officially
delineated on the Official Zoning Map as "S" PD -SC No. 4, and further described
as a 3.217 acre tract in the Rufus Sewell Survey, Abstract No. 875, Collin
County, Texas, and further described as being located at the Northeast corner of
Bethany Road and State Highway No. 5, in the Bethany Corner shopping center.
SECTION 2. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance be, and the same are hereby, repealed; provided, however,
all other provisions of said ordinances not in conflict herewith shall remain in full force
and effect.
SECTION 3. That the above-described tract of land shall be used in the
manner and for the purposes provided for by the Comprehensive Zoning Ordinance No.
366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the
granting of this zoning classification.
SECTION 4. 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 the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as
heretofore amended, and upon conviction shall be punished by a fine not to exceed the
sum of one thousand dollars ($1,000.00) for each offense.
SECTION 5. That it appears the above-described property requires site plan
approval in order to permit its proper development and, in order to protect the public
interest, comfort, and general welfare of the City of Allen, creates an urgency and an
emergency for the preservation of the public health, safety, and welfare, and requires
that this ordinance shall take effect immediately from and after its passage and the
publication of the caption of said ordinance as the law in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 2 () t h DAY OF June , 1985.
Ordinance No. 615-6-85 - Page 2
E
APPROVED AS TO FORM:
A. Don r r, City Attorney
APPROVED:
ATTEST:
M . Aa/xkkKx-�-�,
Marty Hendrix, Ci Secretary
Ordinance No. 615-6-85 - Page 3
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard,, -Jr.
BEFORE ME, the undersigned authority, on this day personally appeared , 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
Public Notice - Ordinance #614-6-86 & 615-6-85
hick the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on.
June 24 &_.277 1985
and which was issued on 6/24/85 , by City o f a l i e n
of Collin County, Texas. A printed copy of said publication is attached hereto. n
SUBSCRIBED AND SWORN to before me this 9th day of July , A.D. 19 , 85 ,
Notary Pub1b in and for Collin County, Texas
Publisher's Fee B 96.00 _
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby gived
that the following or.
dinances were adopted
by the Allen City Council
In their regular 9esslon
held on Thursday, June
20, 1985 '(Titles and
Penalty Clauses only.)
Ordinance No.
614.6.85: An Ordinance
of the City of Allen, Col.
lin' County; Texas, _An• „
nexing the Hereinafter- _
Described ;Territory to
the City of Allen, Texas,
Approximately 583.39
Acres Located In the
;,Following Tracts: Tract
No. 1 Consisting of a 1.5
,No.
Tract; a .67 Acre ;
Tract, a 1.A8 Acre Tract,,
..Tract,
1.455 Acre Tract, and 61
964 Acre Tract Located
lin• the 'Lewis Wetsel
Survey,Abstract No. 978: 1
Tract o, 2 Consisting of
1.493 Acre Tract
Located In (he William
Perrin Survey Abstract
No 708: Tract No. 3 Con-;
sitting of a 6.00 Acre
Tract, a 6 00 Acre tract; _
and a 11.1783 Acre Tract•,
Located my the _Mc9ain•,
Jamison t Suiveyr:,
Abstract No. '491;. Tract,
No. 4 Consistlrig', of ,a.'
75.64 Acre Trsct,� a 72:32,,
Acre Tract,- a 43.8 Acre
Tract, a 69.6 Acre Tract, i'i
"17,513 Acre Tract,
3Lo6ated in the Henry
Wetsel Survey. Abstract
,No. 1026. and a 2.19 Acre
Tract Located in the F C.
Wilmeth ' Survey.
Abstract Nb. 999: Tract',
No. 5°Consi6ting of a 1
Adrb: Tract, a .50 ,Acre
'Vacs a and -a 2.07 Acre.
Tract ' LOdated in the
James T•. ` Roberts''
Survey. Abstract No 777:
Tract No. 6 Consisting of
s 34.781 'Acre Tract
Located Iii the Jonathan '
Phillip§ Surbey. Abstractil
No 719: Tract No. 7 Con -
slitting of a 61.07 Acre .
rTra�t:t Known as
'Ridoeview Memorial
(Park Located in the
George Phillips Survey.
(Abstract Nb, 701: Tract
No. 8 Consisting 'of a
(' 1.357 Acre Tract: a 10 00
Acre'l Tract. I a ; 10 Acre
Tract. a 10 Acre Tract. a
'15 2286 'Acre Tract; a
-4.145 Acre Tract, a 6.123
Acre Tract, a 1.920 •Acre
Tract, and a 6.3924'Acre
>Tract Located -, In - the
George W. Ford Survey
'Abstract, No. 328: Tract
No. 9 Consisting of a
''1.059 Acre Tract and a
2.118 Acre Tract Located
In the Peter , Fisher
Survey, Abstract No, 324;
Trabt.No. 10 Consisting
f of a 18.875 Acre Tract
Known as High Point
Estates Located In the
William Snyder Survey,
Abstract No. 821: Tract
No.• 11 Consisting of a
71,110 Acre Tract Known
as Buckingham Polo
Estates Located In the J.
T. Roberts Survey,,
Abstract No. 777: and
Tract No. 12 Consisting
of a 3.65 Acre Tract
Located in the Henry
Wetsel Survey; Abstract
F No. 1026; Collin County,
Texas, and Extending
the Boundary Limits of
the City So As to Incude
Said Hereinafter -
Described Property
Within the City Limits
and Granting to All In-
habitants and Owners of
Said Property All of the
Rights and Privileges of
Other Citizens and Bin-
ding All Inhabitants By
All the Ordlnandes, Acts,
Resolutions and Regula-
tions of gild City; Pro-
viding a Severability;
Clause; and Providing for I
the • Effective Date of.
Said Ordinance.._ 1
Ofdifishao " NO: 1
615.6.85: An Ordinance ',
.of the Clty of Alleri; Col-
lin County, Texes, Amen-
dlnd Comprehensive
Zoning 041nihbi) No.
366.10.81 of the City of
:Allen as Heretofore
uAmended so as to Attach
is Specific Use Permit for
I he Accessory Use of
,"Gasoline _SAles",�
(herefore Restricting
the 3.217 Acre ''Tract In
the Rufus Sewell Survey,
Abstract No. 875, Collin
County, Texas; Presently,0
Delineated on"the Of-
ficial Zoning Map as PD- ,
SC No. 4; Providing for a'
Penalty; Providing for an
Effective Date; and,Pro-
viding for Publicatidn of
the Caption, . ; .-p
That any person jflrm,1
or corporaton violating
any of the provlslons'oni
terms of this ordinance
shall be subject to the:
same penalty as provid-
ed for In the Compreheh-
sive Zoning Ordinance
No. 366.10.81 of the City
of Allen, 'as 'heretofore '
amended, and upon con-
viction shall be punished,
by a fine not to exdeed'
the sum of one thousand:
dollars (51,000.00),�•yfoe,
each offense.
f ,"Copies • of '= the
se• 'or,,]
-dinances may be'read or
purbhased in,tne:bffit;a,
Of -`.the City .Sdcretary,�
AIIen `Municipal- Annex„
10ne Butler Circle; Allen,+i
Texas:', '
' �$ Marty Hendrix
City Secretary
(Published; In :the Allen
American on Monday,
June 24, 1985 and Thurs. 1
day, June 27, 1985.) i
• 1
1
Charles F. Barnard,, -Jr.
BEFORE ME, the undersigned authority, on this day personally appeared , 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
Public Notice - Ordinance #614-6-86 & 615-6-85
hick the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on.
June 24 &_.277 1985
and which was issued on 6/24/85 , by City o f a l i e n
of Collin County, Texas. A printed copy of said publication is attached hereto. n
SUBSCRIBED AND SWORN to before me this 9th day of July , A.D. 19 , 85 ,
Notary Pub1b in and for Collin County, Texas
Publisher's Fee B 96.00 _
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby gived
that the following or.
dinances were adopted
by the Allen City Council
In their regular 9esslon
held on Thursday, June
20, 1985 '(Titles and
Penalty Clauses only.)
Ordinance No.
614.6.85: An Ordinance
of the City of Allen, Col.
lin' County; Texas, _An• „
nexing the Hereinafter- _
Described ;Territory to
the City of Allen, Texas,
Approximately 583.39
Acres Located In the
;,Following Tracts: Tract
No. 1 Consisting of a 1.5
,No.
Tract; a .67 Acre ;
Tract, a 1.A8 Acre Tract,,
..Tract,
1.455 Acre Tract, and 61
964 Acre Tract Located
lin• the 'Lewis Wetsel
Survey,Abstract No. 978: 1
Tract o, 2 Consisting of
1.493 Acre Tract
Located In (he William
Perrin Survey Abstract
No 708: Tract No. 3 Con-;
sitting of a 6.00 Acre
Tract, a 6 00 Acre tract; _
and a 11.1783 Acre Tract•,
Located my the _Mc9ain•,
Jamison t Suiveyr:,
Abstract No. '491;. Tract,
No. 4 Consistlrig', of ,a.'
75.64 Acre Trsct,� a 72:32,,
Acre Tract,- a 43.8 Acre
Tract, a 69.6 Acre Tract, i'i
"17,513 Acre Tract,
3Lo6ated in the Henry
Wetsel Survey. Abstract
,No. 1026. and a 2.19 Acre
Tract Located in the F C.
Wilmeth ' Survey.
Abstract Nb. 999: Tract',
No. 5°Consi6ting of a 1
Adrb: Tract, a .50 ,Acre
'Vacs a and -a 2.07 Acre.
Tract ' LOdated in the
James T•. ` Roberts''
Survey. Abstract No 777:
Tract No. 6 Consisting of
s 34.781 'Acre Tract
Located Iii the Jonathan '
Phillip§ Surbey. Abstractil
No 719: Tract No. 7 Con -
slitting of a 61.07 Acre .
rTra�t:t Known as
'Ridoeview Memorial
(Park Located in the
George Phillips Survey.
(Abstract Nb, 701: Tract
No. 8 Consisting 'of a
(' 1.357 Acre Tract: a 10 00
Acre'l Tract. I a ; 10 Acre
Tract. a 10 Acre Tract. a
'15 2286 'Acre Tract; a
-4.145 Acre Tract, a 6.123
Acre Tract, a 1.920 •Acre
Tract, and a 6.3924'Acre
>Tract Located -, In - the
George W. Ford Survey
'Abstract, No. 328: Tract
No. 9 Consisting of a
''1.059 Acre Tract and a
2.118 Acre Tract Located
In the Peter , Fisher
Survey, Abstract No, 324;
Trabt.No. 10 Consisting
f of a 18.875 Acre Tract
Known as High Point
Estates Located In the
William Snyder Survey,
Abstract No. 821: Tract
No.• 11 Consisting of a
71,110 Acre Tract Known
as Buckingham Polo
Estates Located In the J.
T. Roberts Survey,,
Abstract No. 777: and
Tract No. 12 Consisting
of a 3.65 Acre Tract
Located in the Henry
Wetsel Survey; Abstract
F No. 1026; Collin County,
Texas, and Extending
the Boundary Limits of
the City So As to Incude
Said Hereinafter -
Described Property
Within the City Limits
and Granting to All In-
habitants and Owners of
Said Property All of the
Rights and Privileges of
Other Citizens and Bin-
ding All Inhabitants By
All the Ordlnandes, Acts,
Resolutions and Regula-
tions of gild City; Pro-
viding a Severability;
Clause; and Providing for I
the • Effective Date of.
Said Ordinance.._ 1
Ofdifishao " NO: 1
615.6.85: An Ordinance ',
.of the Clty of Alleri; Col-
lin County, Texes, Amen-
dlnd Comprehensive
Zoning 041nihbi) No.
366.10.81 of the City of
:Allen as Heretofore
uAmended so as to Attach
is Specific Use Permit for
I he Accessory Use of
,"Gasoline _SAles",�
(herefore Restricting
the 3.217 Acre ''Tract In
the Rufus Sewell Survey,
Abstract No. 875, Collin
County, Texas; Presently,0
Delineated on"the Of-
ficial Zoning Map as PD- ,
SC No. 4; Providing for a'
Penalty; Providing for an
Effective Date; and,Pro-
viding for Publicatidn of
the Caption, . ; .-p
That any person jflrm,1
or corporaton violating
any of the provlslons'oni
terms of this ordinance
shall be subject to the:
same penalty as provid-
ed for In the Compreheh-
sive Zoning Ordinance
No. 366.10.81 of the City
of Allen, 'as 'heretofore '
amended, and upon con-
viction shall be punished,
by a fine not to exdeed'
the sum of one thousand:
dollars (51,000.00),�•yfoe,
each offense.
f ,"Copies • of '= the
se• 'or,,]
-dinances may be'read or
purbhased in,tne:bffit;a,
Of -`.the City .Sdcretary,�
AIIen `Municipal- Annex„
10ne Butler Circle; Allen,+i
Texas:', '
' �$ Marty Hendrix
City Secretary
(Published; In :the Allen
American on Monday,
June 24, 1985 and Thurs. 1
day, June 27, 1985.) i
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared , 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
Notice of Public Hearing - Bethany Corner Joint Venture
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
June 3, 1985
and which was issued on 6/3/85 , by City of Allen
of Collin County, Texas. A printed copy of said publication is ttac d hereto.
SUBSCRIBED AND SWORN to before me this 9th J u 1 y 85
N
Publisher's Fee $ 18.0 0
A3
CITY OF ALLEN
NOTICE OF
--PUBLIC HEARING
-Notice Is hereby given
that the Allen City Coun-
cil�will conduct 4 public
hearing--at'their regular
meeting to be held on
Thursday, June 20, 1985,
in the Council Chamber
of the Allen Municipal
Annex, , One Butler Cir-
cle,` Allen, Texas, to con-
sider a } request for a
specific use permit to
allow `gasolirie sales a -s
an accessdryluse-for the
Bethany Corner Shopp-
ing Center and to amend
the site plan in Planned
Development -"— Shd`pp
ling Center 'Nb. -4 as•re-
quested.by Bethany Cor-
nerdolnt Venture. -
This iequest is for a
specific use permit to
allow gasoline sales as
arl"Acessoey,`use fog, a.
convenience•store to be
-located in the Bethany
Corner Shopping Center
and to amend the approv-
ed site plan,for the addi-
tion of pumps and a
canopy: This is a,3.217
acre tractsof land out of
the Rufus Sewell Survey,
Abstract No. , 875,
located at tl a intersk-
tion of tthe easterly line
of State Highway 5 and
the southerly line of
Bethany Road, which is
currently zoned Planned
Development — Shopp-
ing Center No. 4.
Anyone wishing to
speak either FOR or
AGAINST this request is
invited to attend this
=public hearing and voice
their'opiniori.
If. further information
is heeded, call the Allen
Municipal Aiinex.
Departments of Com
munity 06velopment, at
727:9171 ;,or 424-7518
(metro). ,.��,,,.�•.. .
City Secretary
(Published In the Aller
American on Monday
June 3. 1985.) ,�
day of , A.D. 19 .
Notary Publi in and for Collin County, Texas