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O-3735-3-20 ORDINANCE NO.3735-3-20 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 THE REGULATIONS RELATING TO THE BUILDING ELEVATIONS OF STRUCTURES TO BE CONSTRUCTED ON LOT 5, BLOCK A, KIDS R KIDS ADDITION, BEING A PORTION OF "TRACT 5" IN "PD" PLANNED DEVELOPMENT NO.53 AS PREVIOUSLY ADOPTED IN ORDINANCE NO.3672-5- 19; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENAL:ITY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission of the City of Allen 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 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 the Allen Land Development Code 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 and Zoning Map of the City of Allen,Texas,be amended by amending as set forth in Section 2, below, the Development Regulations relating to the use and development of Lot 5, Block A, Kids R Kids Addition, an addition to the City of Allen, Texas, according to the plat recorded in Book 2019,Page 845,Plat Records,Collin County,Texas("the Property")(being a lot out of the replat of Lot 1 R, Block A, Kids R Kids Addition, an addition to the City of Allen, Texas according to the plat recorded in Book 2013, Page 77, Plat Records, Collin County,Texas),being a portion of"Tract 5" in "PD"Planned Development No. 53 established by Ordinance No. 1171-5-93 (the"PD 53 Regulations"). SECTION 2. The Property (as identified in Section 1 of this Ordinance) shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code, as amended("ALDC"), and Tract 5 of the PD 53 Regulations, as amended by Ordinance No. 3672-5-19; provided, however, notwithstanding the contents of Exhibit "B" "Elevations" as attached to Ordinance No. 3675-5-19 to the contrary, the structures constructed on the Property shall be developed in general conformance with the Building Elevations attached hereto as Attachment 1 "Lot 5 Elevations"and incorporated herein by reference. 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 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 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($2,000)for each offense. SECTION 7. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen,and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,ON THIS THE 10"DAY OF MARCH 2020. APPROVED: Gary . Caplin r, MAYOR PRO TEM APPROVED AS TO FORM: ATTEST: C�• O F�.fLib Peter G.Smith, TY ATTORNEY %11R-.Shelley B.George,TRMC,CITY SECRETARY (kb1:2/12/2020:113797) Ordinance No. 3735-3-20, Page 2 ATTACHMENT 1 LOT 5 BUILDING ELEVATIONS EL05L St/X31'N3llV'3AI Q VWIV H1210N£LZL +_ ^ f.r F `f M'"" JeA�f1�•S�MQJ 3Sf OH IOOHOS HSIN1/dS g i• t} nl. ri• rrwmww,� ?JO4103f'OLIdM3NV IS `-2':>1 ti A` is Q 610Z'1.A1flf NOIJ3A1211SN00 OW ONN1WN3d'M IA321 A2101V111 3212101®f1SS1. T,; ;Y Y ai 1S (�r+ j1� I 9: !i � as i '! I. _ •• fF. 9 as I it Sa S I i ,\ , I r - as eys :t A" a yea 84� 38a ¢ \\ illf • i iii ram- htIA AMP " s i i i if I� EE _ ,ie■ i= a I9 as 1- I I—=,A4III 2r ; Ye 3 . a .;, 4 411 jaim ' mem f e VIII 4:11: 1 \\ ii 1 IN il it. 'lit . VI \ ill," I . f h. r ~_I L �1I■ 1 F �1®4r ii$ c1 y j 1 a 6 R , 1.11 +� I' I itIII,ME $ iit, 11 1 e « I it 11 INNS+. a am 1 'I . ' i * Mr o + � va t [G G I 1 ' Ill •all IBMit i® wia I I li i• g�� a 1 ' • I 1 " 9 a ~ 611! Y $ _ls i_ I , ,:.,. i„,, al > Milt F I 4 d I'.I 9i tom:�' w � I' N I1 1 �11 5' a ! r4 an m!8 1 Ordinance No. 3735-3-20, Page 3