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O-2988-2-11ORDINANCE NO. 2988.2-11 ' 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. 2917-06.10 ESTABLISHING "PD" PLANNED DEVELOPMENT NO. 103, BY AMENDING SECTION 2, SUBSECTION I "SIGN REGULATIONS" BY ADDING REGULATIONS RELATING TO THE LOCATION AND DESIGN OF A PYLON SIGN TO BE LOCATED ON LOT 1, BLOCK 1, ALLEN STATION BUSINESS PARK, PHASE 11; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED $2,000; 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 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 Ordinance No. 2917-06-10 establishing "PD" Planned Development No. 103 governing the use and development of Lot, Block, 1, Allen Station Business Park, Phase B, City of Allen, Texas (the "Property"), as follows: A. Section 2, Subsection I "Sign Regulations" shall be amended by adding a new Paragraph (3) to read as follows: (3) A pylon sign may be constructed at the location on the Property shown on the Pylon Sign Layout as shown on Exhibit "J" attached hereto and incorporated herein by reference and shall comply with the following additional regulations: (a) The dimensions and appearance of the pylon sign shall be substantially as shown on the Pylon Sign Design as shown on Exhibit "K;' attached hereto and incorporated herein by reference; (b) The maximum sign height shall not exceed fifty feet (50.0') above grade; (c) The overall area of the front and rear sign faces shall not exceed 735 square feet, not including the sign's support structures or the "Welcome to ' Allen, Texas" portion of the sign as shown on Exhibit 'W'; (d) The sign face generally facing U.S. Highway 75 may include an LED sign as shown on Exhibit "K" with a total area not to exceed 495 square feet; (e) The sign base shall be of a stone material matching the stone on the ' Cabela's building constructed on the Property; (f) The roof structure of the pylon sign shall be a seamless standing ridge metal roof cover colored green to match the color of the roof of the Cabela's building constructed on the Property; (g) The sign and roof supports shown on Exhibit "K" shall be Fiberglass "faux" log covers designed to substantially match similar features of the Cabela's building constructed on the Property; (h) The message refresh rate of the LED display shall not be less than eight (8) seconds per message; (i) Transition from message to message shall be instantaneous; 0) Message animation, color change or other visual effects are prohibited and; (k) Message content shall be exclusively limited to products, services or events for sale, offered or conducted on the store site upon which the sign is located. B. Ordinance No. 2917-06-10 shall be amended by adding a new Exhibit "J" tided "Pylon Sign ' Layout" and a new Exhibit "K" titled "Pylon Sign Design" as set forth in Exhibit "J" and Exhibit "K" attached hereto and incorporated herein by reference. SECTION 2. Upon the effective date of this Ordinance, the Property shall be used and developed 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. 103 as amended by this Ordinance. 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. Planned Development No. 103, Ordinance No. 2917-06-10 shall continue in full force and effect, except as amended herein. 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. Ordinance No. 2988-2.11, Page 2 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. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE a DAY FEBRUARY, 2011. 1 APPROVED: APPROVED AS TO FORM: ATTEST: C l__��� Peter G. Smith, CM ATTORNEY Shelley B. George, 6WY SECRETAR Ordinance No. 2988.2-11. Page 3 I EXHIBIT "Y PYLON SIGN LAYOUT t�q�y TSVX3�I N/�3Y��ry �/1nOAV1^ �gNUM �� • • I V N95 MIM ds i i i� ..i.. - -- zZ ' e Ordinance No. 2988.2.11 Page 4 EXHIBCT "X' fconL) PYLON SIGN LAYOUT 1fgAY1 .�y WlilEl L N018 NOIM s -'7F ii p'I Ordinance No. 2988-2-11, Page 5 1 EXHIBIT "E" PYLON SIGN DESIGN Ordinance No. 2988-2-11, Page 6 R� M [� i Ordinance No. 2988-2-11, Page 6 R� I EXHIBIT "K" (cont) PYLON SIGN DESIGN Ordinance No. 2988.2.11. Page 7 I z z uC 3; z �N