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O-1977-8-01ORDINANCE NO. 197741-01 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845-6.00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING ORDINANCE NO. 459-9-83, BY GRANTING A CHANGE IN ZONING FOR TRACT 9 OF PLANNED DEVELOPMENT NO. 13 ZONING FROM "PD 13 TH" PLANNED DEVELOPMENT NO. 13 FOR TOWNHOMES TO "PD 13-R-6" PLANNED DEVELOPMENT NO. 13-R-6 FOR SINGLE FAMILY RESIDENTIAL DISTRICT USE FOR 21.6034± ACRES OUT OF THE G. W. FORD SURVEY, ABSTRACT NO. 328, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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 of the City of Allen, Texas, and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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, the City Council has concluded that Allen Land Development Code Ordinance No. 1845-6-00 and Zoning Map of the City of Allen, Texas, 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, Ordinance No. 1845-6-00, and Zoning Map of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning for Tract 9 of Planned Development 13 from "PD 13 TH" Planned Development No. 13 for Townhomes to "PD 13-R-6" Planned Development No. 13-R-6 for Single Family Residential District Uses, R-6 Uses for 21.6034± acres of land out of the G.W. Ford Survey, Abstract No. 328 and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. Tract 9 of Planned Development No. 13 as heretofore amended shall be subject to the following conditions: Base Zoning District. Tract 9 shall be developed and used only in accordance with the R-6 Single Family Residential Zoning District Regulations. 2. That Tract 9 shall be developed and used on in accordance with the detailed site plan attached hereto as Exhibit "B" and made a part hereof, and which is hereby approved. SECTION 3. The property shall he 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 m full force and effect. E 1 SECTION 5. That Ordinance No. 459-9-83, Planned Development No. 13 as amended by Ordinance No. 689- 4-86 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 remaimng 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, £inn or corporation violating any of the provisions or tens of this ordinance shall be subject to the same penalty as provided for in Allen land Development Code 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and atter 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, COLUN COUNTY, TEXAS, ON TffiS THE 16TH DAY OF AUGUST. 2001. APPROVED: �/� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Ordinance No. 19774-01, Page 2 EXHIBIT "A" ' Cottonwood Bend North 2 21.6034± acres out of the G.W. Ford Survey, Abstract 328 Volume G, Page 24, Deed Records of Coign County, Texas LI EXHIBIT "B" Ordinance No. 1977-8-01, Page 3