O-2879-1-10ORDINANCE NO. 2879-1-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING ORDINANCE NO. 1775-9-99 TO CORRECT
SCRIVENER'S ERROR BY AMENDING THE DEVELOPMENT REGULATIONS
ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance No. 1775-9-99 on September 16, 2009, amending the
Allen Land Development Code Zoning Regulations and Zoning Map to establish Planned Development No.
87; and,
WHEREAS, the Allen Land Development Code requires an ordinance granting planned development district
to approve development regulations for a proposed development; and,
WHEREAS, the development regulations for Planned Development No. 87, attached as Exhibit `B" to
Ordinance No. 1775-9-99, was considered by both the Planning and Zoning Commission and the City
Council and contained a list of permitted uses, but through a scrivener's error the list of permitted uses in the
development regulations did not indicate that a car wash was permitted as an accessory use to a service
center; and,
' WHEREAS, the Concept Plan attached to Ordinance No. 1775-9-99 correctly depicted that a car wash was
permitted as a part of the service station depicted therein; and,
WHEREAS, the City Council in the adoption of Ordinance No. 1775-9-99 intended to approve development
regulations as a part of the adoption of Ordinance No. 1775-9-99 which allowed a car wash as an accessory
use of service station.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Ordinance No. 1775-9-99 be and the same is hereby amended to correct a scrivener's error in
the development regulations attached as Exhibit `B" thereto by amending Subsection B (1) Permitted Uses to
read as follows:
"The use of this property shall be limited to all uses permitted in the LR District. In addition to those
permitted uses, one (1) restaurant with drive-through facilities and one (1) service station shall be permitted
with a car wash as an accessory use. "
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code. The property shall be developed and used only in accordance with the Ordinance
No. 1775-9-99 and the development regulations as amended herein.
SECTION 3. All provisions of the ordinances of the City of Allen in conflict with the provisions of this
' ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of
Allen not in conflict with the provisions of this ordinance shall remain in full force and effect; provided
however Ordinance No. 1775-9-99 shall continue in full force and effect except as heretofore amended and as
amended herein.
SECTION 4. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
' adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this
ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or
unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole.
SECTION S. This Ordinance shall take effect immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12"a DAY OF JANUARY, 2010.
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La
D:
Stephen terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Peter G Smith, CITY AYMRNEY
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Shelley ITYITY SECS/ `RET"Y
Ordinance No. 2879-1-10, Page 2