O-3659-4-19 ORDINANCE NO.3659-4-19
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 GRANTING SPECIFIC USE
PERMIT NO. 167 AUTHORIZING AN APPROXIMATELY 4,775± SQUARE FOOT
PORTION OF A BUILDING LOCATED ON LOT 1, BLOCK A, STARCREEK
VILLAGE, PRESENTLY ZONED FOR PLANNED DEVELOPMENT "PD" NO. 92
CORRIDOR COMMERCIAL "CC" TO BE USED FOR A SMOKING
ESTABLISHMENT USE; PROVIDING A CONFLICTS RESOLUTION CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Commission of the City of Allen,Texas 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, have concluded that Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 granting Specific Use Permit No. 167 authorizing an approximately 4,775±
square foot portion of a building located on Lot 1,Block A, Starcreek Village, an Addition to the City of Allen,
Collin County,Texas, according to the Plat recorded in Volume 2018,Page 258,Plat Records,Collin County,
Texas, as shown on Exhibit"A"attached hereto and incorporated herein by reference("the Property"), which is
presently zoned for Planned Development "PD" No. 92 Corridor Commercial "CC" to be used for a Smoking
Establishment use.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations,as heretofore amended,and the use and development regulations
of Planned Development "PD" No. 92 as amended, and, if developed and used for Smoking Establishment
purposes, shall be subject to the following special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown in the
SUP Site Plan attached hereto as Exhibit"A"and incorporated herein by reference.
B. Only Warrior Princess Enterprises LLC dba Cigar Palace and Bar,or a legal entity owned or controlled
by Warrior Princess Enterprises LLC, are authorized by this Ordinance to use the Property for a
Smoking Establishment use.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this ordinance and other
111 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 Zoning Regulations,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 Zoning Regulations,as amended hereby,which shall remain in full force and effect.
SECTION 5. 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 of the City of
Allen, 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 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 23'd DAY OF APRIL 2019.
APP OVED:
Stephen errell,MAYOR
APPROVED AS TO FORM ATTEST:
-40
Peter G.Smith,C ATTORNEY She ey B.Geo ,T ,CITY SECRETARY
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Ordinance No.3659-4-19,Page 2
Ordinance No.3659-4-19,Page 3
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Ordinance No.3659-4-19,Page 5