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' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP BY AMENDING SPECIFIC USE
PERMIT NO. 45, ORDINANCE NO. 1411,3-%, AS HERETOFORE AMENDED, FOR
.529t ACRES OF LAND SITUATED IN THE ALLEN HEIGHTS SHOPPING
CENTER, BLOCK A, LOT 2, AND BEING FURTHER DESCRIBED IN EXHIBIT
"A," TO ALLOW FOR AN EXPANSION OF THE EXISTING FUEL STATION AND
CONVENIENCE STORE TO ALLOW A RESTAURANT, NON DRIV -THROUGH
ONLY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR 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, the City Council has concluded that the Allen
Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously
' amended, should be further amended as follows:
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, Texas, as amended, is hereby amended by amending Specific Use Permit No. 45, Ordinance No. 1411-
3-96, to allow for an expansion of the existing fuel station and convenience store to allow a restaurant, non
drive-through only, for the property described in Exhibit "A."
SECTION 2. The property shall be developed and used only in the manner and for the purposes provided
for in the Allen Land Development Code of the City of Allen, Texas, subject to the following special
conditions:
1. The Specific Use Permit shall be for a restaurant without a drive-through, including the uses previously
permitted under Ordinance No. 1411-3-96, as amended.
2. The property shall be used and developed in accordance with the Site Plan and building elevations
attached hereto as Exhibit "A," and made part hereof for all purposes and which is hereby approved.
SECTION 3. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and
the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict
herewith shall remain in full force and effect.
' SECTION 4. Ordinance No. 1411-3-96, as heretofore amended, shall continue in full force and effect, except as
amended herein.
SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or
of the Allen Land Development Code, 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, as amended hereby, which shall remain in full force and effect
SECTION 6. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and
the former law is continued in effect for this purpose.
SECTION 7. Any person, firm or corporation violating any of the provisions or terns of this Ordinance shall
be subject to the same penalty as provided for in the Allen Land Development Code of the City of Allen, as
amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000) for each offense, and each and every day such violation shall continue shall be deemed to constitute a
separate offense.
SECTION S. 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 11TH DAY OF SEPTEMBER, 2007.
APPROVED:
' Stephen terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
1
Peter G. Smith, ATTORNEY S e ey B. Georg C, CITY WRETARY
Ordinance No. 2656-9-07, Page 2
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EXHIBIT "A"
APPROVED SITE PLAN & BUILDING ELEVATIONS
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