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O-2759-8-08ORDINANCE NO. 2759-8-08 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 2636-6-07 TO CORRECT SCRIVENER'S ERROR BY ATTACHING THE CONCEPT PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2636--07 on June 26, 2007, amending the Allen Land Development Code Zoning Regulations and Zoning Map by amending Planned Development No. 58, Ordinance No. 1409-3-96, as theretofore amended, to increase the maximum height for a hotel to be located on approximately 4.6 acres of land designated as Lot 5, Cornerstone/Allen Addition, City of Allen, Collin County, Texas; and, WHEREAS, the Allen Land Development Code requires an ordinance granting planned development district to approve a concept plan for a proposed development; and, WHEREAS, the applicant for the requested zoning amendment submitted a concept plan to the Planning and Zoning Commission and to the City Council for approval in connection with the approval of Ordinance No. 2636--07; and, WHEREAS, the aforesaid concept plan was considered by both the Planning and Zoning Commission and the City Council but through a scrivener's error was not attached to and made a part of Ordinance No. 2636- 6-07; and, ' WHEREAS, the City Council in the adoption of Ordinance No. 2636--07 intended to approve a Concept Plan as a part of the adoption of Ordinance No. 2636-6-07. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Ordinance No. 2636-6-07 be and the same is hereby amended to correct a scrivener's error to attach a Concept Plan by amending Section 2 of said Ordinance to read as follows: "The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code. The property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit "B," and which is hereby approved." SECTION 2. All provisions of the ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect; provided however Ordinance No. 2636--07 shall continue in full force and effect except as heretofore amended and as amended herein. SECTION 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. ' SECTION 4. This Ordinance shall take effect immediately from and after its passage. F DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 12TH DAY OF AUGUST, 2008.. APPROVED: z4c--) n -L -)p Stephen' erre0, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Shelley BB ce rg,r rrY SECRET Ordinance No. 2759-8-08, Page 2 91 Received &30107 ptU e /E I t I, ljlt�llll�� • . rj tlii , '.1 ", ILL 6 fill ijga'i; i� 1m1] i'g°ii Y I R f I NON-RESIDENTIAL sem= ! CONCEPT PLAN._