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O-1920-2-01ORDINANCE NO. 1920-2-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, TO GRANT A CHANGE IN ZONING FOR A PORTION OF TRACT 3B OF PLANNED DEVELOPMENT DISTRICT NO. 58 ON 5.6 ACRES OF LAND LOCATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 702, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM "ME" - MULTI -FAMILY TO "LI" - LIGHT INDUSTRIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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 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 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 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 and Zoning Map of the City of Allen, Texas, as previously amended be amended, by changing the caning for a portion of Tract 3B of Planned Development 58, Ordinance No. 1625-8-98, from "MF" - Multi -family to "Lr' - Light Industrial for a 5.6 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. 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 3. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided however, that all other provisions of said ordinances not in conflict herewith shall remain in full foroe and effect. SECTION 4. 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 5. 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 forrnef law is continued in effect for this purpose. ' SECTION 6. 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 of the City of Allen, as previously amended, and upon conviction shall he 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 7. 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 ordamed. 1 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 1sr DAY OF FEBRUARY, 2001. APPROVED: "Id� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATORNEY judoKmorrian, CMGAAE, CITY SECRETARY Ordinance No. 1920-2-01, Page 2 1 Exhibit "A" TRACT 3B-1 (Western portion of Tract 3B) Being a tract of land situated in the Henry Weisel Survey, Abstract No. 1026 Collin County, Texas and being more particularly described as follows: BEGINNING at the intersection of the northerly right-of-way line of Exchange Parkway and Tributary No. 2G5; THENCE along the northerly right-of-way line of Exchange Parkway along a non -tangent curve to the left through a central angle of 00°54'51" and an are length of 31.86 feet to the point of tangency; THENCE South 66°31'46" West a distance of 80.09 feet to the beginning of a non -tangent curve to the left having a radius of 1972.36 feet and having a chord bearing of South 75056'34" West and a chord length of 526.69 feet; THENCE along said curve 106.96 feet to a point to be used as the POINT OF BEGINNING; ' THENCE along said curve 151 04 feet to a point for comer; THENCE North 14012'38" West a distance of 1119.35 feet to a point for a comer; Ordinance No. 1920-2-01, Page 3 THENCE North 75056'34" East a distance of 260.69 feet to a point for a corner; ' THENCE along the centerline of proposed road as follows: South 11 025'35" East a distance of 590.85 feet to a point; South 09001'36" East a distance of 65.10 feet to a point; South 02°51'35" East a distance of 74.38 feet to a point; South 02005'45" East a distance of 144.62 feet to a point; South 03°36'01" East a distance of 78.80 feet to a point; South 07056'33" East a distance of 78.80 feet to a point; South 10°06'50" East a distance of 99.60 feet to the POINT OF BEGINNING Containing 5.6 acres more or less. Ordinance No. 1920-2-01, Page 4