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O-3855-9-21 ORDINANCE NO.3855-9-21 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 ORDINANCE NO. 1747-7-99 ADOPTING DEVELOPMENT REGULATIONS FOR A PORTION OF TRACT 1 OF PLANNED DEVELOPMENT PD NO. 54 WITH A BASE ZONING OF CORRIDOR COMMERCIAL "CC," RELATING TO THE DEVELOPMENT AND USE OF LOT 1, BLOCK, WAL-MART SUPERCENTER ADDITION; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY - 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 governing 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 in 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 follows Ordinance No.1747-7-99 adopting regulations of Planned Development"PD"No."54 Corridor Commercial"CC"relating to the development and use of property described as Lot 1, Block A, Wal-Mart Supercenter Addition, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2010, Page 127, Plat Records, Collin County, Texas (being a portion of"Tract 1" in Planned Development No. 54 established by Ordinance No. 1172-5-93): A. Section 2 of Ordinance No. 1747-7-99 is amended to read as follows: SECTION 2. The Property (as described in Exhibit "M" attached hereto) shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended ("ALDC") and the Development Regulations attached hereto as Exhibit "N" attached hereto and incorporated herein by reference, and in general conformance with the Concept Plan,Landscape Plan, and Elevations,attached hereto as Exhibits"0,""P,"and"Q,"respectively,and incorporated herein by reference." B. Exhibit"Q"to Ordinance No. 1747-7-99 is amended to read as set forth in Attachment 1 attached hereto and incorporated herein by reference. SECTION 2. 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 described in Exhibit"M"to Ordinance No. 1747-7-99 and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 3. 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 remain in full force and effect. SECTION 4. 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 5. 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 6. 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 14TH DAY OF SEPTEMBER 2021. APPRO D: --- Kenn th M.Fulk,MAYOR APPROVED AS TO FORM: ATTEST: Peter G.Smith,(CITY ATTORNEY She ey B.George, RMC,CITY SE RETARY (kbl:8-11-2021:124100) Ordinance No.3855-9-21,Page 2 ATTACHMENT 1 EXHIBIT"0" BUILDING ELEVATIONS H I 1; n • I! f I:11ig,illvi_ p5..t-�<ji�i: E i�°s�a:!III'li 4 4 4 4 4 4 4 P 444 aI �I I I I I I I I I m -J®I®1®l• . n M !lIII n.:� �m r R^ ..m 9 0 MATERIAL TABLE ®WEST ELEVATION .T 00 & Asa m """ ,.o., ow.a. [..1 , ®NORTH ELEVATION MATERIAL TABLE 4 n. I —rz ®EAST ELEVATION MATERIAL TABLE • `ram i m� a ...mom...mom li ■ i ..m ...,'� ow '" -- - pc,,,, rreu i r4— \r.---�:� 9 R H n t i u`k_ . f..tlil!I� Al I, z! ' O"a:. 11 a n Y .�...m �LAM......�II 1gro.m1I V—.n..n..0 Lnw.wnm I nw m L�..0 Lm'...0 ��nwwwm Lnw �nw `no. \---m EXTERIOR SOUTH ELEVATION MATERIAL TABLE nwwon J ELEVATIONS I O e 1-1 lI venom...,m A2 Ordinance No. 3857-9-21 ,Page 3