O-3028-9-11ORDINANCE NO. 3028-9-11
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
AND ZONING MAP BY AMENDING ORDINANCE NO. 2465-11-05 GRANTING A
SPECIFIC USE PERMIT FOR A FUELING STATION (SPECIFIC USE PERMIT
NO. 100) FOR LOT 1, BLOCK A, KROGER EXCHANGE ADDITION;
AMENDING THE SITE PLAN; ADOPTING A LANDSCAPE PLAN; ADOPTING
CANOPY ELEVATIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, 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 Zoning Map of the City of
Allen, Collin County, Texas, be amended by amending Ordinance No. 2465-11-05 granting a Specific Use
Permit for Fueling Station (Specific Use Permit No. 100) for Lot 1, Block A, Kroger Exchange Addition
("the Property") as follows:
A. The Site Plan adopted as Exhibit 'B" pursuant to Specific Use Permit No. 100 is hereby
amended in its entirety as set forth in Attachment "A," attached hereto and incorporated
herein by reference, and the Property shall be developed in accordance with said amended
Site Plan.
B. Specific Use Permit No. 100 is hereby amended by adding a new Exhibit "C" titled
"Landscape Plan" to be as depicted in Attachment `B," attached hereto and incorporated
herein by reference.
C. Specific Use Permit No. 100 is hereby amended by adding a new Exhibit "D" titled "Canopy
Elevations" to be as depicted in Attachment "C," attached hereto and incorporated herein by
reference.
D. Section 3 of Ordinance No. 2465-11-05 shall be amended by adding new Subsections 3 and 4
to read as follows:
I3. Landscaping shall be installed on the Property in accordance with the
Landscaping Plan set forth in Exhibit "C," attached hereto.
4. The fuel pump island canopies shall be designed and constructed in
accordance with the Canopy Elevations set forth in Exhibit "D," attached
' hereto.
SECTION 2. 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, if developed and used for the
purpose of a fueling station, such use and development shall be in accordance with Specific Use Permit No.
100 as granted pursuant to Ordinance No. 2465-11-05 and as amended herein.
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 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 13Ta DAY OF SEPTEMBER, 2011.
APPROVED:
Stepp Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith,0TY ATTORNEY
1
Shelley B. George, SECRETARY
Ordinance No. 3028-9-11, Page 2
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Ordinance No. 302&9.11. Page 6
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Ordinance No. 302&9.11. Page 6