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O-3123-11-12ORDINANCE NO. 3123-11-12 ' 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 GRANTING SPECIFIC USE PERMIT NO. 130 FOR AN ASSISTED LIVING FACILITY FOR LOT 1, BLOCK 1, ALLEN ASSISTED LIVING ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, PRESENTLY ZONED "PD" PLANNED DEVELOPMENT NO. 3 FOR "ME -12" MULTI -FAMILY; ADOPTING A SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY 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 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 THIN 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, Texas, as amended, are further amended by granting Specific Use Permit No. 130 for an Assisted Living Facility for Lot 1, Block 1, Allen Assisted Living Addition, City of Allen, Collin County, Texas, (`the Property") which is presently zoned "PD" Planned Development No. 3, for "MF -12" Multi -Family. SECTION 2. In addition to the use and development regulations for Planned Development No. 3 applicable to the Property, the use and development of the Property for an Assisted Living Facility as authorized by Section 1, hereof, shall be 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 as Exhibit "C," said exhibits being incorporated herein and made a part hereof for all purposes and which are hereby approved. SECTION 3. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, 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, 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. 1 I 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, 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 the Allen Land Development Code, 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 27ra DAY OF NOVEMBER, 2012. APPROVED AS TO FORM: Peter G. Smith, MY ATTORNEY (kbl: l l/ 14/12:58228) APPR VED: Stephen Terre0, MAYOR ATTEST: Shelley B. George, RMC`�CITY RCRETARY Ordinance No. 3123-11-12, Page 2 1 I EXHIBIT"A" SITE PLAN O'b 0 °g eR9 a- a� gall illi ! !! 5'siRh g,lj; a 9a i�! i a e °�'uaii°, seg�glla�!!I as °p�,u6 `hi .j �sgii;a I IJa i a -gi 11 la lei• � � i at • a ;: iilll�ai� a !I s ' ii hR "di'' illp lis �'• s�'�,� i !i. i °; .s �1la atitiii li:,�.IoiEi `pti,� aiilg I �°aasta,�t� �, Il��oe®,.t0•¢®160>! IJllikiliiioialfisiillililllie!Yi� i ( ....... ss sail s c tam snnuna s na 4 ,iix�nr miw"3>�v p , l� ai o �} h lie Ordinance No. 3123-11-12, Page 3 r1� � 11� •lG 16C�..► A � • Y � � i a Y �_ �4_i.►Y 11. T� e e� QS !A®LJL4 lAal�_ �I�_ - v EXHIBIT "B" LANDSCAPE PLAN (Continued) 1 Id Ordinance No. 3123-11-12, Page 5 �Fllpl IME N m ir-WIN 11 OR Eli Li