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O-3797-1-21ORDINANCE NO. 3797-1-21 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. 178 AUTHORIZING LOT 2, BLOCK A, GREENVILLE CENTER ADDITION, PRESENTLY ZONED AS CORRIDOR COMMERCIAL “CC” ZONING DISTRICT, TO BE USED FOR A RESTAURANT (DRIVE-IN OR THROUGH) 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 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 the Zoning Map of the City of Allen, Collin County, Texas, be amended by granting Specific Use Permit No. 178 for Lot 2, Block A, Greenville Center Addition Lots 1-3, Block A, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in Volume 2009, Page 326, Map Records, Collin County, Texas (the “Property”), presently zoned Corridor Commercial “CC” Zoning District, to be used for a Restaurant (Drive-in or through) use subject to Section 2, below. 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, with respect to property located in a Corridor Commercial “CC” Zoning District, and, if developed and used for Restaurant (Drive-in or through) purposes, shall be subject to the following special conditions: A. The Property shall be developed as shown on the SUP Site Plan attached hereto as Exhibit “A” and incorporated herein by reference; and, B. Only Chick-Fil-A, Inc., or a legal entity owned or controlled by Cross Island Land Allen, LLC, is authorized by this Ordinance to use the Property for a Restaurant (Drive-in or through) use. 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 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. EXHIBIT "A" SITE PLAN Ordinance No. 3797-1-21, Page 3