O-3425-9-16ORDINANCE NO. 3425-9-16
' 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. 149 AUTHORIZING A 0.5601± ACRE PORTION OF LOT 7A-1, BLOCK
A, VILLAGE AT ALLEN, PRESENTLY ZONED PLANNED DEVELOPMENT NO. 73
(PD 73) FOR SHOPPING CENTER "SC" TO BE USED FOR A BEER AND WINE
PACKAGE SALES USE; 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 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 Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting Specific Use Permit No. 149 for Beer and Wine Package Sales Use
on the 0.5601+ acre portion of Lot 7A-1, Block A, Village at Allen, City of Allen, Collin County, Texas depicted
in Exhibit "A," attached hereto and incorporated herein by reference (the "Property"), which is presently zoned
Planned Development No. 73 for Shopping Center "SC" (PD 73).
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and PD 55, and, if developed and used
as a Beer and Wine Package Sales use in accordance with this Specific Use Permit No. 149, shall be subject to
the following special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown
in the Site Plan attached hereto as Exhibit "A," and incorporated herein by reference.
B. The use and development of the Property as a Beer and Wine Package Sales Use shall be only
in accordance with the Site Plan attached hereto as Exhibit "A," the Landscape Plan attached
hereto as Exhibit "B," and the Building Elevations attached hereto Exhibit "C," all being
incorporated herein by reference.
C. Only Fine Wines & Spirits of North Texas, LLC, dba Total Wine and More, is authorized by
this Ordinance to use the Property for a Beer and Wine Package Sales use.
' 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 orthe 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 m 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 27rn DAY OF SEPTEMBER 2016.
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APPROVED AS TO FORM:
Pet6r C C. Snu h, CIW ATTORNEY
aml 911@16:792")
APPROVED:
4�?
Stephen Terrell, MAYOR
ATTEST:
She ey B. , TRMC, CITY SECRETARY
Ordinance No. 3425-9-16, Page 2
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EXHIBIT "A"
SUP SITE PLAN
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Ordinance No. 34259-16, Page 3
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EXHIDIT`B"
SUP LANDSCAPE PLAN
Ordinance No. 3425-9-16, Page 4
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