O-3167-9-13ORDINANCE NO. 3167-9-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING ORDINANCE NO.
370-10-81 ESTABLISHING PLANNED DEVELOPMENT NO. 5 FOR SHOPPING
CENTER "SC" USES ("PD NO. 511) BY ADOPTING A SITE PLAN FOR THE USE
AND DEVELOPMENT OF PROPERTY LOCATED WITHIN PD NO.5 DESCRIBED
AS LOT 2, BLOCK A, HI-LO/O'REH.LY ADDITION, CITY OF ALLEN, COLLIN
COUNTY, TEXAS; PROVIDING A CONFLICTS RESOLUTION CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABII.ITY 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 hearings and afforded a full
and fair hearing to all property owners, generally, and to all persons interested and situated in the affected area,
and in the vicinity thereof; and,
WHEREAS, in accordance with Section 2 of City of Allen Ordinance No. 370-10-81, at its regular meeting held
on September 3, 2013, the Planning and Zoning Commission has approved the Site Plan attached hereto as
' Exhibit "A" and forwarded it to the City Council for consideration; and,
WHEREAS, the governing body of the City of Allen, in the exercise of its legislative discretion, has concluded
that Ordinance No. 370-10-81, which established Planned Development No. 5 for Shopping Center `5C" use
(`RD No. 5'), should be amended by adopting a Site Plan for the development and use of property located within
PD No. 5 described as Lot 2, Block A, Hi-Lo/O'Reilly Addition, City of Allen, Collin County, Texas, (`the
Property").
NOW, THEREFORE, BE FF ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. City of Allen Ordinance No. 370-10-81 is hereby amended by adding the Site Plan attached
hereto as Exhibit "A," and incorporated herein by reference, relating to the use and development of the Property.
SECTION 2. The Property shall be used and developed in accordance with the development and use
regulations of PD No. 5 and the Site Plan attached hereto as Exhibit "A."
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, the provisions of this Ordinance shall be controlling. With respect to any site plan
for the use and development of the Property approved prior to the effective date of this Ordinance, such prior site
plan shall be deemed to be amended and replaced by the Site Plan attached hereto as Exhibit "A," but only to the
extent that the previously adopted site plan affects the Property, it being the intent that any site plan or portion of
site plan previously approved with respect to the use and development of any property located within PD No. 5
other than the Property shall remain in full force and affect.
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 S. 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 lora DAY OF SEPTEMBER, 2013.
APPR VED:
Stephen Terrell, MAYOR
APPROVED AS TO ATTEST:
'
Peter G. Smith, CITY ATTORNEY Sh B. Georg , ZC, CIT] SE TARY
(W W9/0:62051)
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