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O-1972-8-01ORDINANCE NO. 1972-8-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 18456-00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR TRACT "C" OF PLANNED DEVELOPMENT NO. 44, ORDINANCE NO. 782-3-87, LOTS 23 TO 66, BLOCK B, OF ABBEY HH.L PARK ADDITION, 123 ACRES OF LAND OUT OF THE WILLIAM SNIDER SURVEY, ABSTRACT NO. 821 FROM "PD 44ME-18" PLANNED DEVELOPMENT NO. 44 MULTI -FAMILY RESIDENTIAL DISTRICT USES TO "PD 44-R6" PLANNED DEVELOPMENT NO. 44 R6 SINGLE FAMILY RESIDENTIAL. DISTRICT, 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. 18456-00 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. 18456-00, and Zoning Map of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning for Tmct C of Planned Development No. 44, Ordinance No. 782-3-87, Lots 23 to 66, Block B of Abbey Hill Park Addition, 123 acres of land out of the William Snider Survey, Abstract No. 821 from Planned Development No. 44 for Multi -Family Residential District to "PD 44-R6" Planned Development No. 44 for R-6 Single Family Residential District Uses, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That Tract C of Planned Development No. 44 as heretofore amended shall be subject to the following conditions: Base Zoning District. Tract C shall be developed and used only in accordance with the R-6 Single Family Residential Zoning District Regulations. 2. That Tract C 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 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. SECTION 5. That Planned Development No. 44, Ordinance No. 782-3-87, shall continue in full force and effect except as amended herein. SECTION & Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, as amended hereby, he 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 terns 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 after its passage and publication in accordance withthe provisions of the Charter of the City of Allen, and itis accordingly so ordained. ' DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 10 DAY OF AUGUST, 2001. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, Ordinance No. 1972-8-01, Page 2 r1.6✓7IrZ401- CMCIAAE, CITY SECRETARY EXHIBIT "A" Lots 23 to 66, Block B, of Abbey HBI Park Addition 12± acres out of the William Snider Survey, Abstract 821 Volume M, Page 334, Deed Records of Collin County, Texas EXHIBIT "B" Ordinance No. 1972-8-01, Page 3