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O-1486-4-97ORDINANCE NO. 1486-4-97 ' AN ORDINANCE OF THE CITY OF ALLIIN, COVIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED SO AS TO CHANGE THE ZONING FROM AGRICULTURE OPEN SPACE (AO) TO PLANNED DEVELOPMENT NO. 60 (PD NO. 60) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 5.2291 ACRES OF LAND LOCATED IN THE GEORGE W. FORD SURVEY, ABSTRACT NO. 32A CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHI1T "A" LAND USE PLAN, AREA AND USE REGULATIONS, AND LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. 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 Cityof Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording 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 Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be changed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by changing the Zoning Map of the City of Allen from Agricultural Open Space (AO) to Planned Development No. 60 (PD No. 60) on 5.2281 acres of land located in the George W. Ford Survey, Abstract No. 328, City of Allen, Texas. SECTION 2: The land use plan, area and use regulations, and legal description attached hereto as Exhibit "A" are made a part hereof for all purposes and shall be adhered to in their entirety. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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: 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 Comprehensive Zoning Ordinance No. 1425-5-96 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 ($2,000.00) for each offense. SECTION 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judent or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any ' other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had ]mown the affected parts would be held unconstitutional. LJI 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, TEXAS, ON THE 31n DAY OF APRLL 11997. APPROVED AS TO FORM: I A. Don TTORNEY APPROVED: W E 00 ME *. im ATTEST- JATTEST- JudY Mo n, CMC, CITY SECRETARY Ordinance No. 1486-4-97 Page 2 I I � & �