O-1968-8-01ORDINANCE NO. 1968-8-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING DISTRICT MAP, AS PREVIOUSLY
AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 86 TO ALLOW A
FUELING STATION FOR PROPERTY ZONED "LR" — LOCAL RETAIL AND
BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR SPECIAL. CONDITIONS; PROVIDING FOR THE APPROVAL
OF THE SITE PLAN, LANDSCAPE PLAN, AND ELEVATIONS ATTACHED
HERETO AS EXIHIBITS "B" AND "C," AND "D," RESPECTIVELY; PROVIDING
A REPEALING CLAUSE; PROVIDING A SEVERABH,ITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant for Special Use Permit No. 86 has agreed to accept and to be bound and comply with
the requirements of the Specific Use Permit, as set forth herein; and,
WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 affording 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 that the Allen Land
Development Code Zoning Regulations and Zoning District Map of the City of Allen, as previously amended,
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning District Map of the City of
Allen, Texas, be amended by granting Specific Use Permit No. 86 for a fueling station subject to special
conditions for property zoned "LR"— Local Retail, and being further described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
SECTION 2. The Specific Use Permit for a fueling station is hereby approved subject to the following
special conditions:
A. That the property shall be developed and used only in accordance with the Site Plan,
Landscape Plan, and Elevations attached hereto as Exhibits "B," "C," and "D," respectively,
and made part hereof for all purposes, and which are hereby approved.
B. That a Building Permit or Certificate of Occupancy shall be applied for and secured within
six (6) months from the effective date of this ordinance, unless an extension is obtained as
provided for by the Allen Land Development Code.
C. No delivery trucks shall be allowed to travel south on Malone Road.
D. All fuel deliveries shall be made between the hours of 8:00 p.m. and 5:00 a.m. until such
time as E. Main Street (FM 2170) is reconstructed as a 6 -lane divided roadway.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and as amended herein.
SECTION 4. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall 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 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged or held to be void
or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
1
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 7. 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 Allen Land Development Code Zoning Regulations, as
previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
SECTION 8. 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 10 DAY OF AUGUST, 2001.
APPROVED:
Stephefi Terrell, MAYOR
APPROVED AS TO FORM: /ATTTEST�y/��
Gt/9�Shs.aO�—
Peter G. Smith. CITY ATTORNEY Jiidv Mo iso. CMC/AAE. CITY SECRETARY
Ordinance No. 1968-8-01, Page 2
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