O-3164-8-13ORDINANCE NO. 3164-8-13
' 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 THE REGULATIONS RELATING TO THE USE AND
DEVELOPMENT OF LOTS 1 AND 2, BLOCK A, HARLEY DAVIDSON ALLEN
ADDITION, WHICH IS PRESENTLY ZONED "PD" PLANNED DEVELOPMENT
NO. 55 FOR "M" COMMERCIAUOFFICE, FOR TEMPORARY USES AND
SPECIAL EVENTS; 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 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 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, shall be amended by amending the regulations relating to the use and development of Lots
1 and 2, Block A, Harley-Davidson Allen Addition, an addition to the City of Allen, Collin County, Texas ('the
Property") which is presently zoned "PD" Planned Development No. 55 for "GO" Commercial/Office for
Temporary Uses and Special Events, which regulations shall read as follows.
A. Generally: In accordance with Allen Land Development Code §6.04, Temporary Uses and
Special Events shall be permitted on the Property subject to the following:
1. Notwithstanding Allen Land Development Code §6.04.1.1, Temporary Uses and
Special Events held on the Property shall not be limited by number in a calendar
year.
2. 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 "A," attached to
this Ordinance and incorporated herein by reference.
3. The areas indicated on the Temporary Use and Special Event Location Map shall be
used only for the purposes as indicated on said map.
4. Temporary Use and Special Event locations may not obstruct fire lanes and/or
emergency access points.
' B. Parkins: Parking on the Property during Temporary Use and Special Events shall be subject
to the following:
I . Minimum off-street parking shall remain available at all times for uses located on the
Property in accordance with the off-street parking regulations for PD -55 or ALDC
' §7.04 relating to the Property;
2. If the estimated number of vehicles expected to be parked by those attending the
Temporary Use and/or Special Event combined with the minimum off-street parking
requirements for the Property exceeds the available number of off-street puking
spaces located on the Property, parking for the Temporary Use or Special Event may
he located on adjacent properties provided such parking is (i) authorized by written
parking agreements in a form acceptable to the Director of Community Development
signed by the owners of the Property and the adjacent property and (ii) the use of off-
street parking spaces on the adjacent property shall be limited to spaces in excess of
those needed to maintain the number of minimum off-street parking spaces on the
adjacent property; and
Ordinance No. 3164-8-13 Page 2
3. Notwithstanding Paragraph 2, above, the Director of Community Development shall
have the authority to require a written parking agreement as set forth in Paragraph 2,
above, be entered into and a copy provided to the City prior to issuance of a
Temporary Use and/or Special Event permit relating to the Property without regard to
the number of people estimated to participate or attend the Temporary Use or Special
Event if the Director determines that vehicles operated by people participating or
attending one or more prior Temporary Uses or Special Events have parked vehicles
on adjacent property during such prior Temporary Use or Special Event without the
written consent of the owner and/or other person authorized to consent to parking on
such adjacent property.
'
4. No parking shall be permitted on grass areas located on the Property.
C. Cooking Events: Any Temporary Use and/or Special Event involving outdoor cooking must
comply with all Allen Fire Code regulations relating to outdoor cooking events and obtain all
required food service permits from the Allen Health Department.
D. Sims: Temporary signs promoting the Temporary Use and/or Special Event or providing
directional assistance during the Temporary Use and/or Special Event must at all times
conform to sign regulations set forth in PD -55 and/or the ALDC to the extent such
regulations apply to the Property.
E. Fire Marshal Permit No fireworks or other pyrotechnics, erection of ]urge staging, lighting,
and/or sound equipment and/or structures, or the erection of tents shall occur prior to
obtaining a permit from the City Fire Marshal or other City office.
F. On -Site Storage of Event Equipment No staging, lighting equipment, ]urge event tents, or
similar equipment shall be stored on the Property more than forty-eight (48) hours prior to the
time scheduled for commencement for the Temporary Use or Special Event or later than or
thirty-six (36) hours after the time scheduled for the end of the Temporary Use or Special
Event as indicated on the Temporary Use/Special Event permit approved by the Director of
Community Developer for said Temporary Use/Special Event.
G. 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 Community Development in
'
accordance with Allen Land Development Code §6.04.1.2 prior to the commencement of
Temporary Uses or Special Events held on the Property.
Ordinance No. 3164-8-13 Page 2
H. Unspecified Temporary Uses and Special Events: Temporary Uses and Special Events which
are not otherwise specified on the Temporary Use and Special Event Location Map 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.
1. Conflicts with ALDC &604: To the extent of any conflicts between this Ordinance and Allen
Land Development Code ¢6.04, this Ordinance shall control; provided, however, this
Ordinance does not authorize, and shall not be construed as authorizing, any temporary
buildings 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
§6.04.2.
SECTION 2. 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, the provisions of this Ordinance shall be controlling.
SECTION 3. 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 fall force and effect.
SECTION 4. An offense conunittod 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.
' SECTIONS. 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 6. 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 27'ra DAY OF AUGUST, 2013.
APPROVED:
700
Stephen erre6, MAYOR
APPROVED AS TO FORM: ATTEST:
gr*
P r Smit ,crMATrORNEY Shelley B. George, C, CITY SECI&TARY
' ON x'1913nn4n
Ordinance No. 3164-5-13, Page 3
I
EXHIBIT "A"
TEMPORARY USE AND SPECIAL EVENT LOCATION MAP
AREA A - activities to include:
Live Music
Radio Broadcasts
Food/Merchandise Vendors
AREA B - activities to include:
Demo Truck events
Blood Drives
Food/Merchandise Vendors
Motorcycles on display
Radio Broadcasts
Registration area for Fundraisers
and Charity Motorcycle Rides
Ordinance No. 3164-8-13, Page 4
AREA C - activities to include:
Taste of Allen event
Food Competitions
Swap Meets