O-3228-5-14ORDINANCE NO. 3228-5-14
' 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 GRANTING SPECIFIC USE
PERMIT NO. 139 AUTHORIZING LOT 5, BLOCK A, WAL-MART SUPERCENTER
CITY OF ALLEN, COLLIN COUNTY TEXAS, AND PRESENTLY ZONED
PLANNED DEVELOPMENT NO. 108 FOR MIXED USE TO BE DEVELOPED AND
USED FOR A RESTAURANT (DRIVE-IN OR THROUGH); ADOPTING A SITE
PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATTONS; 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 amended, be further amended by granting Specific Use Permit No. 139
authorizing Lot 5, Block A, Wal-Mart Supercenter, City of Allen, Collin County, Texas, which is presently
zoned Planned Development No. 108 for Mixed Use, to be developed and used for a Restaurant (Drive -In or
Through).
SECTTON 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code, the Development Regulations governing District If of Planned Development No.
108, as amended. Furthermore, if developed and used as a Restaurant (Drive -In or Through) in accordance
with this Specific Use Permit No. 139, the Property shall be used and developed in accordance with the Site
Plan set forth in Exhibit "A,' the Landscape Plan set forth in Exhibit "B," and the Building Elevations set
forth in Exhibit "C," all of said exhibits being attached hereto and incorporated herein by reference.
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 previsions 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 remain
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 effect 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 27 To DAY OF MAY, 2014.
APPROVED:
Stephen errell, ITAYOR
APPROVED AS TO FORM: ATTEST:
Peter-G. Smith, CITYATTORNEY Shelley B. George, RMC, CITY SECRETARY
(01 5/15/14:66205)
Ordinance No. 3228-5-14 Page 2
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Ordinance No. 3228-514, Page 3
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Ordinance No. 3228-5-14 Page 4
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ALLEN EXCHANGE
Ordinance No. 3225-5-14 Page 5
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