O-3195-12-13ORDINANCE NO. 3195-12-13
' 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. 137 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 1, BLOCK
A, WAL-MART SUPERCENTER ADDITION, CITY OF ALLEN, TEXAS (ALSO
KNOWN AS 730 W. EXCHANGE PARKWAY) PRESENTLY ZONED PLANNED
DEVELOPMENT NO. 54 FOR CORRIDOR COMMERCIAL "CC," TO BE USED FOR
OUTDOOR DISPLAY AND STORAGE USES; ADOPTING AN OUTDOOR DISPLAY
AND STORAGE LOCATION MAP; 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 THIN 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 granting Specific Use Permit No.
137 authorizing the property described as Lot 1, Block A, Wal-Mart Supercenter Addition, an addition to the City
of Allen, Collin County, Texas (also known as 730 W. Exchange Parkway) (the "Property"), which is presently
zoned Planned Development No. 54 for Condor Commercial "CC," to be used for Outdoor Display and Storage
Uses.
SECTION 2. The outdoor display and storage uses authorized pursuant to Section 1, above, shall be subject
to the following special conditions:
A. The outdoor display of seasonal merchandise is limited to the areas shown on the Outdoor
Display and Storage Location Map attached as Exhibit "A."
B. Storage containers shall be located only in the areas shown on the Outdoor Display and
Storage Location map attached hereto as Exhibit "A."
C. There shall be no more than thirteen (13) storage containers on the Property at any time.
' D. Storage containers are permitted to be located on the Property for the period commencing on
September 15' of each calendar year and ending on February 1"of the immediately following
calendar year.
E. Storage containers shall only store merchandise to be sold within the Wal-Mart store.
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The color of the storage containers shall match the building, as shown in Exhibit "B."
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, phmse 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 previsions 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 previsions or terns 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 previsions 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 TRIS THE le DAY OF DECEMBER, 2013.
APPROVED AS TO FORM:
Peter G. Smith, CITY ATTORNEY
(kM11ua7/13 63813)
APPROVE
Stepheii-I'drell, MAYOR
ATTEST:
�
Shelley B. George, TIMC, CITY SECI&TARY
Ordinance No. 3195-12-13, Page 2
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EXHIBIT "A"
OUTDOOR DISPLAY AND STORAGE LOCATION MAP
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Ordinance No. 3195-12-13 Page 3
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STORAGE CONTAINER COLOR EXAMPLE
Ordinance No. 3195.12-13, Page 4