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O-2874-11-09ORDINANCE NO. 2874-11-09 ' 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 ORDINANCE NO. 2486-2-06 CREATING "PD" PLANNED DEVELOPMENT NO. 99 RELATING TO THE USE AND DEVELOPMENT OF WAITERS CREEK, BEING A 63.24± ACRE TRACT OF LAND IN THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, THE MICHAEL SEE SURVEY, ABSTRACT NO. 542, AND THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, BY AMENDING EXHIBIT "C," "DEVELOPMENT REGULATIONS," SECTION 12, "SIGNAGE," BY ADDING REGULATIONS RELATING TO THE SIZE, DESIGN, NUMBER, AND LOCATION OF GARAGE TENANT FIN SIGNS; AN LED PYLON SIGN, AND PARKING AREA BANNERS; AND ADDING A NEW EXHIBIT "F" INCLUDING SCHEDULES, DRAWINGS, AND SITE PLANS RELATING TO SAID SIGNS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABH.ITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED $2000.00; 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 fav 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 Exhibit "C," "Development Regulations," Section 12, "Signage," of Ordinance No. 2486-2-06 creating "PD" Planned Development No. 99 by adding the following to said Section 12: Gamae Tenant Fin Sims: LED Pvlon Sim, and Parkin¢ Area Banners a. Notwithstanding anything to the contrary herein, Garage Tenant Fin Signs, an LED Pylon Sign, and Parking Area Banners, may be installed on the Property provided such signs substantially conform to the size, design, number and locations set forth in Exhibit "F", attached hereto and incorporated herein by reference. b. The Director of Planning and Development shall have the authority, in the Director's sole discretion, to authorize the installation of a greater number of Parking Lot ■ Banners than indicated in Exhibit "F" of this Ordinance upon review and approval of a site plan showing the numbers and locations of such additional Parking Lot Banners. In authorizing an increase in the number of Parking Lot Banners above the number originally approved, the Director may also require the removal or relocation of previously installed Parking Lot Banners as part of an overall revised plan for the location of said banners. ' C. Except to the extent of any differences allowed by these Development Regulations, the design, installation and location of the LED Pylon Sign identified in Exhibit "F" shall comply with the applicable provisions of the Allen Land Development Code regarding the regulation of signs. In no case shall the issuance of a permit for the construction and/or installation of the LED Pylon Sign be authorized until the application for such permit has been approved by the City Council. SECTION 2. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Collin County, Texas, be amended by amending Ordinance No. 2486-2-06 creating "PD" Planned Development No. 99 by adding a new Exhibit "F" — "Schedule, Designs, and Location Plans for Garage Tenant Fin Signs, LED Pylon Sign, and Parking Area Banners" which shall conform to Attachment 1, attached hereto and incorporated herein by reference. SECTION 3. Upon the effective date of this Ordinance, the Property shall be used and development only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, as amended, and "PD" Planned Development No. 99, Ordinance No. 2486-2-06, as amended by this ordinance. SECTION 4 All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. ' SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, 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, as amended hereby, which shall remain in full force and effect. SECTION 6. 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 7. 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 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 8. This ordinance shall take effect immediately from and after its passage and publication of the caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. Ordinance No. 2874-11-09, Page 2 1 n DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2e DAY OF NOVEMBER, 2009. aff-0 'stephellrerren, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, city ATTORNEY S e ley B. Geo CITY SECRETARY Ordinance No. 2874-11-09, Page 3 Exhibit F Schedule, Designs, and Location Plans for Garage Tenant Fin Signs, LED Pylon Sign, and Parking Area Banners I Ordinance No. 2874-11-09, Page 4 S : m MAX. HEIGHT --- a — MAX. MOTH !£.. MAX.'WYARFA ' (sq—I.. Rx NL1 8 MAI. SUKMRS U�dn 4q M,J MAX. QUANTITY {}'r' COMMENTS W L S r49 ` ILti [lit Ordinance No. 2874-11-09, Page 4 Ordinance No. 2874-I1-09, Page 5 I & I __m» mom- Page 6 [ol oto I Ordinance No. 2874-11-09, Page 7 I 0 1 Ordinance No. 2874-11-09, Page 8 I I I ( ordinance No. m-09, Page 9 ro I Ordinance No. 2874-11-09, Page 10 I 1 Ordinance No. 2874-11-09, Page I I I 1 SpyA esss BORDERSI 9 ordinance No. 2874-11-09, Page 12 I 1 I 10 I10 Ordinance No. 2874-11-09, Page 13 I 1 0 Ordinance No. 2874-11-09, Page 14