O-3184-10-13ORDINANCE NO. 3184-10-13
' 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 THE ZONING
REGULATIONS FOR LOT 2, BLOCK 1, MOLSEN ADDITION, WHICH IS
PRESENTLY ZONED AS PLANNED DEVELOPMENT NO. 8 (PD -8), TO BE
DEVELOPED AND USED AS A RESTAURANT WITH A DRIVE THROUGH
UNDER CERTAIN CONDITIONS; ADOPTING A CONCEPT PLAN,
DEVELOPMENT REGULATIONS, AND BUILDING ELEVATIONS; PROVIDING
FOR 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, 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 previously amended, be further amended by amending the regulations relating
to the use and development of Lot 2, Block 1 of Molsen Addition, City of Allen, Collin County, Texas ("the
Property") which is presently zoned Planned Development No. 8 (PD -8) for General Business (GB) in
accordance with Section 2 of this Ordinance.
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code and PD -8, as amended; provided, however, in addition to such other uses
permitted within PD -8, the Property may be developed and used as a restaurant with drive through, if, and
only if, the Property is developed in general conformance with the Concept Plan, Landscape Plan, and
Building Elevations attached hereto as Exhibits "A, "B," and "CI' respectively, 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.
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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 THE 22"nDAY OF OCTOBER, 2013.
APPROVED AS TO FORM:
Peter G. Smith, CITT ATTORNEY
W.IMI13628511
APPROVED:
Sleplifla Terrell, MAYOR
ATTEST:
Shelley B. George, C, CITY
Ordinance No. 3184.10.13, Page 2
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Ordinance No. 3184-10-13, Page 3
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