O-3144-3-13ORDINANCE NO. 3144-3-13
' 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 "PD" PLANNED DEVELOPMENT NO. 99 (PD -99), BY AMENDING
EXHIBIT "C" "DEVELOPMENT STANDARDS" BY ADDING A NEW SECTION C
TITLED "TEMPORARY USES/SPECIAL. EVENTS" RELATING TO THE
REGULATION AND LOCATION OF CERTAIN TEMPORARY USES AND
SPECIAL EVENTS WITHIN PD -99 AND ADDING A NEW EXHIBIT "G" TITLED
"TEMPORARY USE AND SPECIAL EVENT LOCATION MAP"; PROVIDING A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED $2000.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in compliance
with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fain 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 the Allen Land Development Code Zoning
Regulations and Zoning Map of the City of Allen, 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 "PD" Planned Development No. 99 as created by Ordinance No.
2486-2-06 and amended by Ordinance Nos. 2874-11-09 and 2921-6-10, by amending Exhibit "C" "Development
Standards" by adding a new Section C titled "Temporary Uses/Special Events" to read as follows.
C. Temporary Uses/Special Events
Generally: In accordance with Allen Land Development Code §6.04, Temporary
Uses and Special Events as described in this Section C shall be permitted on the
Property subject to the following:
a. Notwithstanding Allen Land Development Code §6.04, Temporary Uses
and Special Events held on the Property shall not be limited by number
or duration in a calendar year.
b. Temporary Uses and Special Events must be held in the locations shown
on the Temporary Use and Special Event Location Map set forth in
Exhibit "G," attached hereto and incorporated herein by reference.
C. Temporary Use and Special Event locations may not obstruct fire
lanes/emergency access points.
' d. Village Green Drive is the only street permitted to be closed with the
approval and issuance of a Temporary Use/Special Event permit.
2. Permit Required: An application for a Temporary Use and/or Special Event
occurring on the Property must be submitted to and approved by the Director of
Ordinance No. 3144-3-13, Page 2
Community Development in accordance with Allen Land Development Code
'
§6.04 prior to the commencement of the following Temporary Uses or Special
Events:
a.
Holiday Kick Off Celebration (i.e. Light the Night)
b.
Charitable Runs/Walks (i.e. Trek or Treat SK)
C.
Fine Ars Festival
d.
Earthfest
C.
Food Truck Event
f.
Kick off Concert Event featuring a known Guest Artist
g.
Parades
h.
Wine or Beer Walks
L
Pumpkin Village/Christmas Tree Sales
j.
Holiday Village to include Santa House
k.
Creative Festivals (Dance/music/art performances)
I.
Theater Performances (i.e. Shakespeare in the Park)
M.
Cooking Contests (i.e. Chili Cook -offs, Barbecue, etc.)
n.
Car/Boat/RV Show
o.
Community Sponsorship Events that occur outdoors
3. No Permit Required: An application for a Temporary Use and/or Special Event
occurring on the Property shall not be required in accordance with Allen Land
Development Code §6.04 for the following Temporary Uses or Special Events:
a.
Concerts by the Creek
b.
Movie Night
C.
Fashion Night Out
d.
Ladies Night Out
e.
Harley Nights
'
f.
Lucky Duck Kids Club
g.
Morning Maniacs Car Club
Ordinance No. 3144-3-13, Page 2
h. Tenant Sidewalk Sale Event
' i. Radio Remotes/Broadcasts
j. Lectures
k. Weddings
1. Miscellaneous events conducted by non-profit/civic organization (i.e. Allen
Lion's Club Duck Race, Friends of the Allen Public Library Endowment Event,
Holiday Caroling or Singing performances by local ISD Choirs, Girl/Boy Swat
Bridge or Crossover Events).
4. Unspecified Temporary Uses and Special Events: Temporary Uses and Special Events which
are not otherwise specified in Paragraphs 2 or 3, above, may be approved by the Director of
Community Development following submission of an application containing such
information as may be required by the Director of Community Development.
5. Appeal of Denied Application: The decision of the Director of Community Development to
deny a permit for a Temporary Use pursuant to this Section C may be appealed to the City
Council.
6. Conflicts with ALDC 46.04: To the extent of any conflicts between this Section C and Allen
Land Development Code §6.04, this Section C shall control; provided, however, this Section
C does not authorize, and shall not be construed as authorizing, any temporary use on the
' Property described in Allen Land Development Code §6.04.2, which temporary uses may be
authorized only in accordance with Allen Land Development Code §6.04.
SECTION 2. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen,
Collin County, Texas, be amended by amending "PD" Planned Development No. 99 as created by Ordinance No.
2486-2-06 and amended by Ordinance Nos. 2874-11-09 and 2921-6-10, by adding a new Exhibit "G" tided
"Temporary Use and Special Event Location Map" as set forth in Exhibit "G", attached hereto and incorporated
herein by reference.
SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted
ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of
the property within "PD" Planned Development No.99, the provisions of this Ordinance shall be controlling.
SECTION 4. Planned Development No. 99, Ordinance No. 2486-2-06, as amended by Ordinance Nos. 2874-
11-09 and 2921-6-10 shall continue in full force and effect, except as amended herein.
SECTION & 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 Zoning Regulations, 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 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.
Ordinance No. 3144-3-13, Page 3
SECTION S. 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 CUY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12" DAY OF MARCH, 2013.
APPROVED AS TO FORM:
Peter G. Smith, CM ATTORNEY
(W3/W135v )
I
APPR VED:
lqw-W�4mz
Stephen Terrell, MAYOR
ATTEST:
Shelley .George, C, CITY SECRETARY
Ordinance No. 3144-3-13, Page 4
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I
EXHIBIT "I
TEMPORARY USE AND SPECIAL EVENT LOCATION MAP
Ordinance No. 31443.13 Page 5