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O-2702-2-08ORDINANCE NO. 2702-2-08 ' 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 AMENDING -PD- PLANNED DEVELOPMENT NO. 54, ORDINANCE NO. 2101-10- 02, TO ALLOW A PRIVATE PRESCHOOL LAND USE IN TRACT 5 ON 2.150t 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 THE APPROVAL OF A CONCEPT PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABLLITY 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 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 fain 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 further amended as follows: 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 Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning by amending Planned Development No 54, Ordinance No. 2101-10-02, as heretofore amended, to allow a Private Preschool land use for Tract 5 on 2.150 acres of land in the W.J. Jackson Survey, Abstract No. 484, City of Allen, Collin County, and being Rather 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 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. Planned Development No. 54, 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 8. Any person, fine 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, Ordinance 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. I 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 12TH DAY OF FEBRUARY, 2008. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: g� q Peter G. Smith, Cfff ATTORNEY S ey B. Geo TRMC, CITY SECRETARY Ordinance No. 2702-2-08, Page 2 EXHIBIT "A" LEGAL DESCRIPTION ' PART OF LOT 2-114 BLOCK E CITY OF ALLEN, COLLIN COUNTY, TEXAS Being a tract of land situated in the W. J. Jackson Survey, Abstract Number 484 City of Allen, Collin County, Texas, and being part of Lot 2-R in Block E, Bray Central One Addition, an addition to the City of Allen as recorded in Cabinet Q, Slide 474, Plat Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a point for comer at the intersection of the southeasterly line of Raintree Circle (80' right-of-way) and the southwesterly line of Junction Drive (variable width right-of-way) said point being the beginning of a curve to the left; THENCE in a southeasterly direction along the southwesterly line of said Junction Drive and said curve to the left whose chord bears South I1° 50' 08" East a distance of 505.06 feet, having a radius of 6040.06 feet, a central angle of 04" 47' 32", and an we length of 505.20 feet to a point for comer and the POINT OF BEGINNING for the herein described tract; THENCE in a southwesterly direction continuing along said curve to the left and along the southwesterly line of said Junction Drive whose chord bears South 150 40' 50" East a distance of 305.45 feet, having a radius of 6040.06 feet, a central angle of 020 53' 52", and an arc length of 305.48 feet to a point for comer; THENCE South 720 52' 16" West departing the southwesterly line of said Junction Drive a distance of ' 304.84 feet to a point for comer, THENCE North 130 52'48" West a distance of 322.60 feet to a point for comer; 1 THENCE North 760 07' 29" East a distance of 294.75 to the POINT OF BEGINNING and containing 93,692 square feet or 2.1500 acres, more or less. 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