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O-2701-2-08ORDINANCE NO. 2701-2-08 ' 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, BY GRANTING AN AMENDMENT TO "PD" PLANNED DEVELOPMENT NO. 3, ORDINANCE NO. 368-10-81, AS HERETOFORE AMENDED, TO AMEND SECTION 3, "ALLOWED USES" AND GREENBELT REQUIREMENTS IN SECTION 4, "DEVELOPMENT STANDARDS," FOR 2.0831± ACRES, KNOWN AS ALLEN BUSINESS CENTRE, TRACT L AND 2.3496± ACRES, KNOWN AS ALLEN BUSINESS CENTRE 11, TRACT L, LOCATED AT THE NORTHWEST AND SOUTHWEST CORNERS OF STATE HIGHWAY 5 AND PRESTIGE CIRCLE, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; 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 ($2,000) FOR EACH OFFENSE; AND PROVIDING 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 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, is hereby further amended by granting an amendment to "PD" Planned Development No. 3, Ordinance 368-10-81, for 2.0831± acres known as Allen Business Centre, Tract I, and 2.3496± acres known as Allen Business Centre II, Tract L, located at the northwest and southwest comers of State Highway 5 and Prestige Circle, City of Allen, Collin County, Texas, being further described in Exhibit "A," attached hereto, and made a part hereof for all purposes. SECTION 2. Ordinance 368-10-81 shall be amended as follows: a. Section 3, "Allowed Uses," subsection "o," shall be amended as follows: "Other like or similar uses which may be deemed by the City Council to be offensive by reason of smoke, dirt, odor, gas, noise, visual, or other pollution," shall be deleted and "Uses permitted in the LI — Light Industrial District," shall be added. ' b. Section 4, "Development Standards," subsection "a," shall he amended to delete the one - hundred -foot landscape requirement adjacent to Highway 5 and to add the requirement that a depth of twenty-five feet from State Highway 5 and parallel to State Highway 5 shall be reserved in greenbelt for landscaping. SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein. ' SECTION 4. 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. 1 SECTION 5. Planned Development No. 3 Ordinance No. 368-10-81 shall continue in full force and effect, except as amended herein. SECTION 6. 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 7. 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 8. 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 9. 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 12TH DAY OF FEBRUARY, 2008. MAPPRO � D: Slephe Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, C ATTORNEY Shelley B. George,%MC, CITY siMRETARY Ordinance No. 2701-2-Og, Page 2 J E}STT "A" LEGAL DESCRIPTION Allen Business Centre, Tract I, being 2.0831± acres, and Allen Business Centre 11, Tract L, being 2.3496± acres of land, located at the northwest and southwest comers of SH5 and Prestige Circle. Ordinance No. 2701-2-08, Page 3