O-3434-11-16ORDINANCE NO. 3434-11-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE
DEVELOPMENT REGULATIONS AND ADOPTING A CONCEPT PLAN,
LANDSCAPE PLAN, AND BUILDING ELEVATIONS FOR LOT 2, BLOCK A, WAL-
MART SUPERCENTER, LOCATED IN AND SUBJECT TO THE REGULATIONS OF
TRACT ONE OF PLANNED DEVELOPMENT NO. 54 CORRIDOR COMMERICAL
"CC"; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABH.ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the goveming body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 m the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
' COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending, as set forth in Section
2, below, the development regulations relating to the use and development described as Lot 2, Block A, Wal-
Mart Supercenter, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded
to Volume 2010, Page 127, Map Rewrds, Collin County, Texas, C`the Property") presently subject to the
development and use regulations of Tract One of Planned Development No. 54 Corridor Commercial "CC."
SECTION 2. The Property shall be developed and used in accordance with the development regulations of
Tract One of Planned Development No. 54 Corridor Commercial "CC" and the applicable provisions of the
Allen Land Development Code ("ALDC"), except to the extent modified as follows:
A. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "A," and incorporated herein by reference. Minor modifications to streets
that do not alter the general alignment shown on the Concept Plan tray be made at the time of Site Plan
approval.
B. LANDSCAPE PLAN: The Property shall be developed with the landscaping set forth in the
Landscape Plan attached hereto as Exhibit "B," and incorporated herein by reference. The location of
required trees, including street trees, may be adjusted to avoid conflicts with existing or planned utilities
and easements without the requirement of enacting an amendment to the Landscape Plan provided the
minimum number of required trees is planted and the new location is approved by City's Director of
Parks and Recreation or designee.
C. BUILDING ELEVATIONS: Buildings constructed on the Property shall be designed and developed
in general conformance with the Building Elevations attached hereto as Exhibit "C," and incorporated
herein by reference.
D. DRIVEWAY ON US 75: The existing driveway located on US 75 service road shall be removed by
the developer upon issuance of a permit by Texas Department of Transportation Permit (TXDOT)
Permit, provided TXDOT authorizes such work. The owner or developer of the Property shall make
application to remove said driveway prior to issuance of a Certificate of Occupancy for the building to
be constructed on the Property.
E. SPECIAL ZONING PROVISIONS: ALDC Section 6.06.3 "Hotels" shall apply to the use and
development of the Property, except that the exterior walls shall be 100% masonry.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 4. 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 Allen Land Development Code Zoning Regulations, as amended hereby, which shall retrain in full force
and effect.
SECTION 5. 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 effw when the offense
was committed and the former law is continued in effect for this purpose.
SECTION 6. 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 Allen land Development Code Zoning Regulations of the City
' of Allen, 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 7. 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 STH DAY OF NOVEMBER 2016.
APPROVED:
i'a :�LK
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
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Pe er . S hh, CY A ORNEY Shelley B. George, RMC, CITY
("kIW31116881031)
Ordinance No. 3434-11-16, Page 2
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EXI3IBIT "A"
Ordinance No. 3434-11-16, Page 3
EXHBIT'B"
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EXHIBIT "C"
BUILDING ELEVATIONS
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