O-651-10-85ORDINANCE NO. 651-10-85
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81, OF THE CITY OF ALLEN AS PREVIOUSLY AMENDED, BY
AMENDING "PD" PLANNED DEVELOPMENT NO. 1, BY AMENDING THE
LAND USE PLAN ON TRACT 6 SO AS TO CHANGE THE RESTRICTION
OF "LR" LOCAL RETAIL USES TO "SC" SHOPPING CENTER USES: SAID
TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY
3.7803 ACRES OF LAND SITUATED IN THE PETER FISHER SURVEY,
ABSTRACT NO. 324, BLOCK 12, CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AND DULY PLATTED AS ALLEN HEIGHTS SHOPPING CENTER
ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
$1,000.00 FOR EACH OFFENSE, PROVIDING FOR A SEVERABILITY
CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE.
WHEREAS, the Planning and Zoning Commission of the City of Allen 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended,
should be amended;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE
CITY OF ALLEN, TEXAS:
SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 as
previously amended, be and the same is hereby amended by amending the Land Use
Plan on Tract 6 of "PD" Planned Development No. 1 on a 3.7803 acre tract of land
situated in the Peter Fisher Survey, Abstract No. 324, Block 12, and duly platted at the
Allen Heights Shopping Center Addition to the City of Allen, Collin County, Texas; by
Ordinance No. 651-10-85 Page 1
removing the existing required uses of "LR" Local Retail, and requiring uses allowed
under "SC" Shopping Center.
SECTION 2. That all ordinances of the City of Allen in conflict with the
provisions of this ordinance shall be, and the same are hereby, repealed; provided,
however, all other provisions of said ordinances not in conflict herewith shall remain in
full force and effect.
SECTION 3. That the property shall be used in the manner and for the
purposes provided under Section 3.01 (M) "SC" Shopping Center District regulations of
the City of Allen Comprehensive Zoning Ordinance No. 366-10-81.
SECTION 4. That 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 Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, and upon
conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars
($1,000.00) for each offense.
SECTION 5. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance
are severable and if any phrase, clause or section of this ordinance shall be declared
unconstitutional or invalid by any judgment or decree of a court of competent
jurisdiction, such unconstitutionality or invalidity shall not affect any remaining phrase,
clause, sentence, paragraph, or section of this ordinance, and the City Council hereby
declares that it would have passed the remaining portions even though it had known the
affected parts would be held unconstitutional.
SECTION 6. That 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, TEXAS, ON THE 17th DAY OF October
Ordinance No. 651-10-85 page 2
1985.
APPROVED:
per. mm• ' ••- •: • a
ATTEST:
ma&' -"Lk�
Marty Hendrix, C' Secretary
AP OVE FORM:
A. Don rowder, City Attorney
Ordinance No. 651-10-85 Page 3