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O-2742-5-08ORDINANCE NO. 2742-5-08 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 "PD" PLANNED DEVELOPMENT NO. 53, ORDINANCE NO. 1171-5- 93 TO ALLOW OFFICE USE IN TRACT 2 ON 2.828± ACRES IN THE MARY STANDIFER SURVEY, ABSTRACT NO. 812, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN AND A LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B" AND "C," RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (82,000) 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 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 and Zoning Map of the City of Allen, as previously amended, should be further amended as follows: ' 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, Texas, as previously amended, be amended by granting a change in zoning by amending Planned Development No 53, Ordinance No. 2587-1-07, as heretofore amended, to allow an Office land use for Tract 2 on 2.828 ± acres of land in the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, and being further described in Exhibit "A," attached hereto and made a pan hereof for all purposes. SECTION 2. The property shall be developed and used in accordance with the Concept Plan, and the Landscape Plan, attached hereto as Exhibits "B," and "C," respectively, which are hereby approved and made a pan hereof for all purposes. SECTION 3. A fence shall be erected along the eastern boundary of the property from to the northernmost point of the parking lot to the southernmost parking space in the parking lot, or to the southernmost point of Building Two, whichever is more southerly. SECTION 4. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations, as heretofore amended, and as amended herein. SECTION 5. 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 6. Planned Development No. 53, Ordinance No. 1171-5-93 shall continue in full force and effect, except as amended herein. ' SECTION 7. 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 8. 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 9. 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 No. 1845-6-00 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 10. 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 27TH DAY OF MAY, 2008. APPROVED: 'Stephen APPROVED AS TO FORM: ATTEST: 1 �� ��� Peter G. Smith, CI ATTORNEY Shelley B. Geo ITY SECRET Y Ordinance No. 2742-5-08, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' Situated in Collin County, Texas, and being LOT 1, BLOCK A, of THE READING RANCH ADDITION, an Addition to the City of Allen, Texas, according to the Map thereof recorded in Volume 2007, Page 438, of the Map Records of Collin County, Texas. Ordinance No. 2742-5.08, Page 3