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O-3577-5-18ORDINANCE NO. 3577.5-18 ' 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. 162 AUTHORIZING AN APPROXIMATELY 1,7861 SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 1, PETE FORD MEDICAL ADDITION, PRESENTLY ZONED FOR PLANNED DEVELOPMENT "PD" NO. 136 SHOPPING CENTER "SC" TO BE USED FOR A DAYCARE USE; PROVIDING 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 of the City of Allen, Texas 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. 162 authorizing an approximately 1,786± square foot portion of a building located on Lot 1, Pete Ford Medical Addition, an Addition to the City of Allen, Collin County, Texas, according to the Plat recorded in Cabinet D, Page 29, Plat Records, Collin County, Texas, as shown on Exhibit "A," attached hereto and incorporated herein by reference ('the Property"), which is presently zoned for Planned Development "PD" No. 136 Shopping Center "SC" to be used for a Daycare use. 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 the use and development regulations of Planned Development `PD" No. 136 as amended, and, if developed and used for Daycare purposes, 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 SUP Site Plan attached hereto as Exhibit "A," and incorporated herein by reference. B. Only Lin Chen and Binglin He dba STEAM Learning Club, or a legal entity owned or controlled by Lin Chen and Binglin He, are authorized by this'Ordinance to use the Property for a Daycare 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 or the Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect. C� SECTIONS. 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 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,DN THIS 22ND DAY OF MAY,, 2018. APPROVED: i ej� Z—=Z Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley R. George, TAAW, CITY SECRETARY obi 91N18991891 Ordinance No. 3577-5.18, Page 2 I 1 II EXHIBIT "A" SOP SITE PLAN STEAMAf er School Learning Specific Use Permit SUP Site Plan M.M stint -- 1 .306 a 1 i i _.a .ant �•� � 1 .., Ordinance No. 3577-5-18, Page 3