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O-3346-1-16ORDINANCE NO. 3346.1-16 ' 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. 146 AUTHORIZING LOT 6, BLOCK A, GREENVILLE CENTER ADDITION, CITY OF ALLEN, COLLIN COUNTY TEXAS, PRESENTLY ZONED "CC" CORRIDOR COMMERCIAL TO BE DEVELOPED AND USED FOR A RESTAURANT (DRIVE-IN OR THROUGH); ADOPTING A SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FIVE 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, 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 the Zoning Map of the City of Allen, Collin County, Texas, as amended, be further amended by granting Specific Use Permit No. 146 authorizing Lot 6, Block A, Greenville Center Addition, City of Allen, Collin County, Texas, which is presently zoned "CC" Corridor Commercial, to be developed and used for a Restaurant (Drive -In or Tbrough). SECTION 2. If the Property is developed and used as a Restaurant (Drive -In or Through) in accordance with this Specific Use Permit No. 146, the Property shall be used and developed in accordance with the Site Plan set forth in Exhibit "A," the Landscape Plan set forth in Exhibit `B," and the Building Elevations set forth in Exhibit "C," all of said exhibits being attached hereto and incorporated herein by reference. 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. 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 tennis of this ordinance shall he subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations of the City I of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12"r DAY OF JANUARY 2016. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY obi 12 159410) APPROVED: AAQM-�� Stepht16 Terrell, MAYOR ATTEST: Shelley B. Geo TRMC, 9�S CRETAY Ordinance No. 3346-1-16 Page 2 1 II II EXI BIT "A" SITE PLAN �6hh d is FOW �5gdd''p u , 3232 i� ia;71a�'! .I �• ! � a�hlii � sis.aa'pp,aid�'s,p i I 3 EXI BIT "A" SITE PLAN �6hh d is FOW �5gdd''p u , 3232 i� ia;71a�'! .I �• ! � a�hlii � sis.aa'pp,aid�'s,p Ordinance No. 3346-1-16, Page 3 al I a 3 s .X x,� a a i Ordinance No. 3346-1-16, Page 3 II II EXHIBIT `B" LANDSCAPE PLAN 1 ! !i1 3 iidR eA i tilt Y § y ;? €p, 9kg F[ 1 �' f 11ryaa [ it ll$R a Y9 ��� tE } WI i IA If�1a� ! I I�i If i ;11 till t! 1 tit ti 1 i 1� i, t ii 1 ` 1 1 R ii 1•'f 4 t 1 i lIj � l 1` 1100*7)l..aINN LE■ AHBSs�%1ltei�i�i��ffli�l wg i �� k�liig 1, R'k1 S 9 I kR41= Ordinance No. 3346.1.16, Page 4 I 1 EXHIBIT "C" BUILDING ELEVATIONS Ordinance No. 3346-1-16, Page 5 I 1 EXHIBIT "C" BUILDING ELEVATIONS (con[.) Ordinance No. 3346-1-16. Page 6