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O-2694-1-08ORDINANCE NO. 2694-1-08 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY ALLOWING A DAY CARE LAND USE IN TRACT 6 OF "PD" PLANNED DEVELOPMENT NO. 54, BY AMENDING SECTION IV OF ORDINANCE NO. 1172- 5-93, AS AMENDED, FOR 2.790 ACRES IN THE W.J. JACKSON SURVEY, ABSTRACT NO. 484, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; PROVIDING FOR A CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 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, 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 ww situated in the atfected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land Development Code No. 1845-6-00 and Zoning Map of the City of Allen, as previously amended, should be ' amended. NOW, THEREFORE, BE IT ORDAINED BY THIN CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, shall be further amended by granting a Day Care land use for Tract 6 of `PD" Planned Development No. 54, Ordinance No. 1172-5-93, as amended by Ordinance No. 2101-10-02, for 2.790 acres in the W.J. Jackson Survey, Abstract No. 484, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used in accordance with the Concept Plan attached hereto as Exhibit `B," which is hereby approved and made a part hereof for all purposes. SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance 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. Planned Development No. 54, Ordinance No. 1172-5-93, as amended by Ordinance No. 2101- 10-02, 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 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 S. Any person, into 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 No. 1845-6-00 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. SECTION 9. This Ordinance shall take effect immediately from and after its passage and publication of the caption 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 22ND DAY OF JANUARY, 2005. APPROVED: tephen Terrell, MAYOR ' APPROVED AS TO FORM: ATTEST: Peter G. Smith, CIYY ATTORNEY Shelley B. George, C, CITY S TARY Ordinance No. 2694-148, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' 2.ACRES Part of Lots 2R-2, Block G, Bray Central One W.J. Jackson Survey, Abstract No. 484 Survey, City of Allen, Collin County, Texas BEING A TRACT OF LAND IN THE W.J. JACKSON SURVEY, ABSTRACT NO. 484, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF LOT 2R-2, BLOCK G, BRAY CENTRAL ONE, AN ADDITION TO THE CITY OF ALLEN, AS RECORDED IN VOLUME 2007, PAGE 450, DEED RECORDS OF COLLIN COUNTY, TEXAS (D.R.C.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE EAST RIGHT-OF-WAY LINE OF WATTERS ROAD (A 110 FOOT RIGHT-OF-WAY), BEING IN THE WEST LINE OF SAID LOT 2R-2, AND FROM WHICH THE NORTHWEST CORNER OF LOT 3R, BLOCK G, BRAY CENTRAL ONE, AN ADDITION TO THE CITY OF ALLEN, AS RECORDED IN CABINET G, SLIDE 121, MAP RECORDS OF COLLIN COUNTY, TEXAS (M.R.C.C.T.), AND BEING IN THE SOUTH RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY (A VARIABLE WIDTH RIGHT-OF-WAY) BEARS N 00°05'18" E, 287.50 FEET; THENCE S 8905442" E LEAVING THE EAST RIGHT-OF-WAY LINE OF SAID WATTERS ROAD AND THE WEST LINE OF SAID LOT 2R-2, A DISTANCE OF 379.50 FEET TO A POINT; ' THENCE S 00°05'18" W, 324.84 FEET TO A POINT IN THE NORTH RIGHT-OF-WAY LINE OF THE FUTURE MEDICAL DRIVE (A VARIABLE WIDTH RIGHT-OF-WAY); 1 THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID FUTURE MEDICAL DRIVE AS FOLLOWS: N 89°54'42" W, 239.50 FEET TO A POINT; N 75°52'32" W, 51.54 FEET TO A POINT; N 89°54'42" W, 65.00 FEET TO A POINT; N 44°54'42" W, 35.36 FEET TO A POINT IN THE EAST RIGHT-OF-WAY LINE OF SAID WAITERS ROAD AND THE WEST LINE OF SAID LOT 2R-2; THENCE N 00005'18" E ALONG THE EAST RIGHT-OF-WAY LINE OF SAID WAITERS ROAD AND THE WEST LINE OF SAID LOT 2R-2, A DISTANCE OF 287.34 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.790 ACRES (121,527 SQUARE FEET) OF LAND. Ordinance No. 2694-1-08, Page 3 I � L EXHIBIT "B" CONCEPTPLAN __e No. 2694-1-08, 4 I I I \\ 2\ 2 pz1�w \u\ Ordinance No. m4-1« Page 5 �- \ #� \� | � � � . Ordinance No. m4-1« Page 5