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O-3633-12-18 ORDINANCE NO. 3632-12-18 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, AS PREVIOUSLY AMENDED, BY AMENDING THE REGULATIONS RELATING TO THE USE AND DEVELOPMENT OF 0.781± ACRES LOCATED IN THE JOHN FYKE SURVEY, ABSTRACT NO. 325 PRESENTLY ZONED AS PLANNED DEVELOPMENT “PD” NO. 108 MIXED USE “MIX” AND ADOPTING A CONCEPT PLAN AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION 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, be further amended by amending as set forth in Section 2 of this Ordinance the regulations relating the use and development of 0.781± acres located in the John Fyke Survey, Abstract No. 325 described in “Exhibit A,” attached hereto and incorporated herein by reference (“the Property”) presently zoned as Planned Development “PD” No. 108 Mixed-Use “MIX.” SECTION 2. The Property shall be developed and used only in accordance with the applicable provisions of the Allen Land Development Code, as amended (“ALDC”) and the use and development regulations for District H of Planned Development “PD” No. 108 as set forth in Ordinance No. 3044-10-11, as amended, and in Ordinance No. 3094-7-12, as amended (collectively “the PD 108 Ordinance”), except to the extent modified by the Development Regulations set forth below: A. PERMITTED USE: In addition to the uses set forth in Table 1: Schedule of Principal Uses in Exhibit “B” of the PD-108 Ordinance, the Property may be used and developed with a Restaurant (Drive-in or Through). B. CONCEPT PLAN: If the Property is developed and used for Restaurant (Drive-in or Through) purposes, the Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit “B” and incorporated herein by reference (the “Concept Plan”). Minor modifications to streets that do not alter the general alignment shown on the Concept Plan may be made at the time of plat approval. If the Property is to be developed and used for any purpose other than Restaurant (Drive-in or Through), such use shall be developed in accordance with the Concept Plan set forth in Exhibit “B” of Ordinance No. 3094-7-12. C. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in general conformance with the height, materials, and architectural style set forth in the Building Elevations attached hereto as Exhibit "C;'and incorporated herein by reference("the Elevations"). 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,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& 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 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 of the caption 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 DECEMBER 2018. APPROVED: Stephen errell,Mayor APPROVED AS TO FORM: ATTEST: (] , Peter G.Smith,City(Attorney ey B. Georg , 'ity Secretary (k61:11/29/18:104645) Ordinance No. 3633-12-18,Page 2 Ordinance No. 3633-12-18, Page 3 EXHIBIT “A” DESCRIPTION OF PROPERTY Ordinance No. 3633-12-18, Page 4 EXHIBIT “B” CONCEPT PLAN Ordinance No. 3633-12-18, Page 5 EXHIBIT “C” BUILDING ELEVATIONS