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O-3160-6-13ORDINANCE NO. 3160.6-13 ' 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 AMENDING ORDINANCE NO. 3141.2.13 GRANTING SPECIFIC USE PERMIT NO. 133 TO EXPAND THE PORTION OF THE BUILDING LOCATED ON LOT 1, BLOCK A OF ALLEN HEIGHTS SHOPPING CENTER, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 1201 E. MAIN STREET, ALLEN, TEXAS,) WHICH MAY BE USED FOR A GYMNASTIC AND SPORTS TRAINING FACILITY USE TO INCLUDE BOTH SUITE #220 AND SUITE #230; 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 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 the Zoning Map of the City of Allen, Collin County, Texas, shall be amended by amending Ordinance No. 3141-2-13, which originally authorized Specific Use Permit No. 133, as follows: A. Amend Section 1 of Ordinance No. 3141-2-13 by: (1) Amending the phrase "1,870 square foot portion" to read"3,970 square foot portion." (2) Amending the address "1201 E. Main Street, Suite #220, Alen, Texas" to read "1201 E. Main Street, Suite Nos. 220 and 230, Allen, Texas." B. Amend and replace Exhibit "A" of Ordinance No. 3141-2-13 in its entirety with Exhibit "A" attached to this Ordinance and incorporated herein by reference. SECTION 2. The Property, as defined in Ordinance No. 3141-2-13 and as amended by this Ordinance, shall be subject to the development and use regulations of Specific Use Permit No. 133 as originally granted by Ordinance No. 3141-2-13, it being the express intent of the City Council to merely expand the area of the Property encompassed within Specific Use Permit No. 133 without further amendment to Section 2 of Ordinance No. 3141-2-13. ' 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. SECTION 5. An offense contrutted 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 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 TIS CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON TITS 25"t DAY OF JUNE, 2013. APPROVED: ' Steph n Temil, MAYOR APPROVED AS TO FORM: <ATTEST: Peter G. Smith, CITY ATTORNEY SS re�ey B. Geo C, CITY SE TARY WV11113g 81) Ordinance No. 3160-6-13, Page 2 EXHIBIT "A" PROPERTY LOCATION MAP ^:NMQSiit�l IQM � w u (i 1 .fds— R (, 1 a, nh 9u� t Q S n,iy ne.,q LLJ , w H %L ..�. .....': t• V' U i = Z Z 1.L a E J O J2 Q (n Ordinance No. 3160-6-13, Page 3