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O-1895-12-00ORDINANCE NO. 189512-00 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 FROM "CBD" CENTRAL BUSINESS DISTRICT TO "SC" SHOPPING CENTER ON 40t ACRES OF LAND LOCATED IN THE GREENWAY ALLEN RETAIL ADDITION, PERRIN ADDITION, CENTURY RETAIL ADDITION, PETE FORD MEDICAL ADDITION, ALLEN LOTS ADDITION, BURGER RING ADDITION, EXXON MC DERMOTT ADDITION, ALLEN 727 CENTRAL OFFICE BUILDING ADDITION, FOURJAY ADDITION, AND THE WHISENANT ADDITION, BLOCK 9, LOTS 2B, 2E, 2C, 3C, AND THE WHISENANT ADDITION, BLOCK 8, LOTS 4F, 4C, 4A, 4B, 3B, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABH= CLAUSE; PROVIDING A SAVINGS 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, 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, have concluded that the 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 TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION I. 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 changing the zoning on 40t acres of land located in the Greenway Allen Retail Addition, Perrin Addition, Century Retail Addition, Pete Ford Medical Addition, Allen Lots Addition, Burger King Addition, Exxon McDermott Addition, Allen 727 Central Office Building Addition, Fourjay Addition, and the Whisenant Addition, Block 9, Lots 2B, 2E, 2C, 3C, and the Whisenant Addition, Block 8, Lots 4F, 4C, 4A, 413, 3B, City of Allen, Collm County, Texas, further described in Exhibit "A" attached hereto, from "CBD" Central Business District to "SC" Shopping Center. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code, 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 force 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 former 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, 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 7. This ordinance shall take effect immediately from and after 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, COLLIN COUNTY, TEXAS, ON THIS THE 7TH DAY OF DECEMBER, 2000. APPROVED: Stephen Terrell, MAYOR ' APPROVED.4S TO FORM: ATTEST: Peter G. Smith, CFI'Y ATTORNEY Ady M4&lson, CMC/AAE, CITY SECRETARY Ordinance No. 1895-12-00 ,Page2 • 0 ORDINANCE NO. 1895-12-00 EXFIIBIT "A" The following constitutes the legal description of the boundaries of the property described in the attached ordinance for the proposed zoning change from CBD to Shopping Center. Beginning at the northeast comer of Central Expressway South and Main St.; thence east 701.18 ft. along the centerline of Main St. to the intersection of Bonham Dr.; thence south 1797.37 ft. along the centerline of Bonham Dr. proceeding across McDermott Dr. and along the centerline of Century Pkwy. to a point; thence west along a line 1207.09 ft. to a point.; thence north along a line 1837.03 ft. to the point of beginning and containing 40± acres of land. ALL V LOTS g CFX YRY RETPIL C EHi ORY Ei.VI 1207.09 T N COMPLEX