O-937-9-89ORDINANCE NO. 937-9-89
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
829-11-87 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO
AS TO ATTACH A SPECIFIC USE PERMIT FOR GASOLINE SALES AND
AN AUTO LAUNDRY AS INCIDENTAL USES TO A CONVENIENCE
STORE WITH SITE PLAN APPROVAL, THEREFORE RESTRICTING A
.7346 ACRE PORTION OF THE NORTHWEST CORNER OF A 21.2469
ACRE TRACT OF LAND LOCATED IN ABSTRACT NO. 977, DAVID
WETSEL SURVEY, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
FURTHER DESCRIBED AS THE SOUTHEAST CORNER OF F.M. 2170
AND S.H. 5; SUBJECT TO THE STIPULATIONS ATTACHED HEREIN
AND EXHIBIT "A" SITE PLAN AND EXHIBIT "B" CONCEPT PLAN;
PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS "SC"
SHOPPING CENTER; PROVIDING FOR EXHIBIT SITE PLAN APPROVAL;
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 notices 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
Comprehensive Zoning Ordinance No. 829-11-87 should be amended because the
requested use is compatible to adjacent properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87 of the
City of Allen, Texas, as heretofore amended, be 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. 937-9-89 - Page 1
That the area be and the same is hereby approved for zoning purposes, -a
specific use permit and site plan approval for gasoline sales and an auto
laundry as incidental uses to a convenience store, therefore restricting a
.7346 acre portion of the northwest corner of a 21.2469 acre tract of land
located in Abstract No. 977, David Wetsel Survey, in the City of Allen,
Collin County, Texas, further described as the southeast corner of F.M.
2170 and S.H. 5, to the uses indicated.
SECTION 2: That the requirements of the Site Plan as approved herein
should be adhered to in its entirety prior to the issuance of a Certificate of Occupancy.
SECTION 3: That the Specific Use Permit will not be activated until the
final right-of-way dedication for this property and the adjacent tract as defined in the
attached Concept Plan described in Exhibit 'B" has been accepted by the City to
include the right-of-way dedication necessary for improvements to the intersection of
S.H. 5 and F.M. 2170.
SECTION 4: That the Concept Plan described in Exhibit "B" attached hereto
is to be considered when the remaining portion of this tract develops but in no way shall
be considered final with the adoption of this ordinance.
SECTION 5: That placement and spacing of median cuts will be determined
by the City of Allen based upon recommencation and acceptance by the State Highway
Department when the respective highways are reconstructed.
SECTION 6: 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,
that all other provisions of said ordinances not in conflict herewith shall remain in full
force and effect.
SECTION 7: That the above-described tract of land shall be used in the
manner and for the purposes provided for in the Schedule of Uses of Comprehensive
Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended, and as
amended herein by the approval of the attachment of Exhibit "A" Site Plan.
SECTION 8: 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. 829-11-87 of the City of Allen, as
Ordinance No. 937-9-89 - Page 2
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 9: That it appears the above-described property requires that it be
given the above zoning classification 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, TERAS, ON THE 7TH DAY OF SEPTEMBER, 1989.
APPROVED:
45;�p ZW4��e�
Xe Farm , Mayor
ATTEST:
4Jy Mo son, City Secretary
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 937-9-89 - Page 3
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SHEET I
OF I
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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 A 119 - ? 3 , 19 fi 9 , by The City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND
Publisher's fee $ JW• 8 0
A*'; V.A. TODD
!• My COMMISSION Ex121ACR �
;r• a;� Dmwmbw 5, Igntary
, A.D. 19 0
blic in and for Collin County, Texas
CITY OF ALLEN
NOTICE OF'PUBLIC HEARING_
'Notice'is hereby given that the Allen City
Council will conduct a -public hearing at
[their regular, meeting to'be held on Thurs-
day, September 7,1989; at 7:30 p.m. in the
Council Chambers of the Allen Municipal
`Annex, One Butler Circle, Allen„ Texas, to
Consider a request for a Specific Use Per-
mit for'gasoline sales and an auto laundry
as incidental uses to a convenience store
with Site Plan Approval. = - ` " ` ' � '
This request is on property out of the David
'Wetsel Survey,.Abstract•No, .977, in the
ICity of Allen, Collin County,. Texas. ' ,t,
Anyone wishing to speak either FOR,or
AGAINST this request is invited to attend
-this public heating and voice their bpinion.
For further information, contact the Depart-
,ment'of Community Developrrient, City bf
,Allen, One Butler Circle, Allen, Texas, or by
'telephoning 727 -0120 or 424-7518
(metro).
(Judy Morrison, City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
' THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JUDY EDQUIST, who having been by
me duly sworn, on oath deposes and says:
That she 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
(7ydi nance #937-9-89
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
Sept. 13, 1989 & Sept. 17, 1989
and which was issued on Sept . 13, 1989 , by City of Allen
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND
V.A. TODD
MY COMMISSION EXPIRI
39.60
�' '•Demmbw 5, 1992
Publisher's fee $
.............
:
CITY OF ALLEN , ■
PUBLIC NOTICE
1 Notice is hereby given that the Allen City
Council adopted the following ordinance all
their regular meeting held on Tlidrsda)k
1 September 7, 1989 (Title. and Penalty
Clause only):
ORDINANCE NO. 937-9-89: An Ordi3
nance of the City of Allen, Collin Count
Texas, Amending Comprehensive Zoning
Ordinance No. 829-11-87 of the City ql
Allen, as Heretofore Amended, So as at'
tach a Specific Use Permit for Gasolind
lSales and an'Auto Laundry as Incidental
(Uses to.a Convenience Store with Sit4
Plan. Approval, Therefore Restricting �a
.7346 Acre Portion of the Northwest Cort
Iner of a 21'2469 Acre Tract of Land Lo+
,cated in Abstract.No..977, David Wetsej
Survey, in the City of Allen, Collin County
lTexas, Further Described as the South -m
east Corner of F.M. 2170 and S.H. 5; Subfi
ject to the Stipulations Attached Hereig
and -Exhibit "A",Site^Plan and-Exhibit`1311
Concept Plan; Presently Delineated on thpil
Official Zoning Map as-"SC"_Shoppingl
Center; Providing for Exhibit Site Plan A0-6,
proval; Providing for a Penalty; Providing,,
for an Effective Date; and Providing ,far,
Publication of the Caption. I I
That any person, firm or corporation violat 4
ling any of the provisions or terms of this
ordinance shall be subject to the same!
penalty as provided for in Comprehenslvel
Zoning Ordinance No. 829-11-87 of thel
`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.
IA Copy of this ordinance may be read or+
purchased in the office of the City Secrets
I ary, City of Allen, One Butler Circle, Allen",
Texas 75002.
s/Judy Morrison
Judy Morrison, CITY SECRETARY
Public in and for Collin County, Texas
I - CITY OF ALLEN
PUBLIC -NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at�
their.. regular meeting held on Thursday,
September 7, 1989 (Title and Penalty]
Clause only): - II
ORDINANCE NO. 937-9-89: An Ordi-
nance of the City of Allen, Collin County,
Texas, Amending Comprehensive Zoning'
°
Ordinance No. 829-11-87 of the City of
Allen, as Heretofore Amended, So as at-'
,tach a Specific Use Permit for Gasoline'
Sales and an Auto Laundry as Incidental
Uses to a Convenience Store with Site
-Plan Approval, Therefore Restricting a
7346 Acre Portion of the Northwest Coi-
lrien of, a, 21.2469 Acre Tract of Land Lo-
cated iri Abstract No. 977, David Wetsel
`Survey, in the City of Allen, Collin County,
Texas,- Further Described • as the South
east Corner of F:M. 2170 and S.H.'5; Sub-
ject to.the Stipulations Attached Herein
anis Exhibit "A° Site Plan and Exhibit "B"
I Concept Plan; Presently Delineated on the
Official Zoning Map as "SC" Shopping
Center; Providing for Exhibit Site Plan Ap-
proval; Providing, for a Penalty; Providing;
for an Effective Date; and Providing for
Publication of, the Caption', I
[That any person, firm or corporation violat-
ing any of'the'provisions or terms of this
lordinance shall be subject to the same
i penalty as provided for in Comprehensive
Zoriing,Ordinance;No!829=11-87 of the'
1 City of'Allen, as heretofore amended, Rand
upon conviction shall be pdnished by a fine
tnot to exceed the sum'of One Thousand)
Dollars ($1,000.00) for each offense..
t'A Copy of this ordinance may be read or
,purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle; Alleri,.
Texas 75002.I : ` a t (, 1
s/Judy Morrison ' t I ,� �1 1
udy Morrison;lCITY; SECRETARY, , r