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O-3050-11-11ORDINANCE NO. 3050-11-11 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT REGULATIONS FOR A PORTION OF PLANNED DEVELOPMENT PD NO. 78 FOR SHOPPING CENTER USES TO ALLOW THE LOCATION AND USE OF OUTDOOR KIOSKS; ON LOT 1R, BLOCK 1, ALLEN PREMIUM OUTLETS, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 820 W. STACY ROAD, ALLEN, TEXAS); PROVIDING FOR A KIOSK LOCATION PLAN; PROVIDING FOR KIOSK ELEVATIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, 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 amending the development regulations relating to a portion of Planned Development No. 78 (PD -78) for Shopping Center "SC"; said property being Lot IF, Block 1, Allen Premium Outlets, City of Allen, Texas (also known as 820 W. Stacy Road, Allen, Texas)Cthe Property"), said amendments to be as follows: A. A maximum of two (2) outdoor kiosks for the sale of retail goods and a maximum of two (2) outdoor kiosks for the sale of food may be located on the Property, the specific use and locations of said kiosks to be in compliance with the Kiosk Location Plan attached hereto as Exhibit "A" and which is hereby approved. B. The outdoor kiosks authorized by Section I.A., above, shall be constructed and designed in accordance with the Kiosk Elevations attached hereto as Exhibit `B" and incorporated herein by reference. SECTION 2. Except as amended by Section 1, above, the Property shall continue to be used only in the manner and for the purposes provided for in the Allen land Development Code Zoning Regulations and PD - 78, as previously amended. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, 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 more 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 & Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the more 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 state law, 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 22ND DAY OF NOVEMBER, 2011. APPROVED: ' Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smit , CITY ATTORNEY SheShe ley�TRMC, CIW SECRETARY Ordinance No. 3050-11-11, Page 2 1 n EXIMIT"A" KIOSK LOCATION PLAN Ordinance No. 3050-11-11, Page 3 II II EXHIBIT"A" KIOSK LOCATION PLAN coot. Ordinance No. 3050-11-I1, Page 4 ?w d0 z z o a g ''■ ., z w 1 � p Y W Y 0 m Ordinance No. 3050-11-I1, Page 4 ?w d0 I EXHIBIT "A" KIOSK LOCATION PLAN cont. Ordinance No. 3050-I1-11, Page 5 1 1 EXHIBIT "B" Ordiaaace No. 3050.11-11, Page 6 L CI EXHIBIT "B' KIOSK ELEVATIONS cont Ordinance No. 3050-11-11, Page 7 It U C Xm W 9