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Home My WebLink AboutO-2803-2-09ORDINANCE NO. 2803-2-09 ' AN ORDINANCE AMENDING THE ALLEN LAND DEVELOPMENT CODE SECTION 7.04.1 "VEHICLE PARKING", TABLE 7.04.1. "PARKING REQUIREMENTS" RELATING TO MINIMUM OFF-STREET PARIONG REQUIREMENTS FOR CHURCHES AND OTHER RELIGIOUS FACILITIES, AND SECTION 7.07 "FENCES & WALLS," SUBSECTION 4, "SCREENING WALLS OR VISUAL BARRIERS REQUIRED" WITH RESPECT TO SCREENING OF NON- RESIDENTIAL. USES ADJACENT TO EXISTING RESIDENTIAL USES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that in order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance; and, WHEREAS, one method of achieving a visually attractive environment within the City is to provide for screening walls and visual barriers between different uses; and, WHEREAS, Section 7.07, Subsection 4, Paragraph e. of the Allen land Development Code sets forth regulations requiring screening walls and visual barriers between existing residential uses and certain ' "commercial or industrial" uses; and, WHEREAS, the City Council has determined that to achieve the goal of obtaining a visually attractive environment in the community, non-residential uses that may not be considered `commercial and industrial" should also be screened from adjacent residential uses; and, WHEREAS, the Planning and Zoning Commission 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 persons interested and in the exercise of its legislative discretion, the City Council has concluded that the Allen land Development Code Zoning Regulations of the City of Allen, Texas, 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. Section 7.04.1, "Vehicle Parking", "Table 7.04.1 — Parking Requirements," of the Allen Land Development Code, is hereby amended with respect to the use designated as "Church, Temple, or Rectory," to read as follows: 1 SECTION 2. Section 7.07, "Fences & Walls", Subsection 4, "Screening Walls or Visual Barriers Required," Paragraphs 4.e.i and 4.e.ii of the Allen Land Development Code be, are hereby amended to read as follows: "Section 7.07 Fences & Walls 4. Screening Walls or Visual Barriers Required C. Screening walls or visual barriers are required adjacent to existing residential uses and shall be placed and maintained by the property owner at the following locations: ' i. Along any property line or district boundary between any single- family detached or attached or any two family use and any multi- family, mobile home park, or non-residential, use, but not across a dividing street between such uses. ii. Along any property line or district boundary between any multi -family use and any non-residential, use, but not across a dividing street between such uses." SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, 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 the Allen Land Development Code, as amended, and upon conviction shall be 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. Ordinance No. 2803-2-09, Page 2 PARKING SPACE PER M E $ $2 c m t7 PLUS/ FOR SQUARE FOOTAGE USE z t7 E GREATER THAN a ° m ° m o x LL LL m LL 1° P N CHURCH, TEMPLE OR Plus 1/300 sq. 0. indoor space RECTORY 3 des' nated for education SECTION 2. Section 7.07, "Fences & Walls", Subsection 4, "Screening Walls or Visual Barriers Required," Paragraphs 4.e.i and 4.e.ii of the Allen Land Development Code be, are hereby amended to read as follows: "Section 7.07 Fences & Walls 4. Screening Walls or Visual Barriers Required C. Screening walls or visual barriers are required adjacent to existing residential uses and shall be placed and maintained by the property owner at the following locations: ' i. Along any property line or district boundary between any single- family detached or attached or any two family use and any multi- family, mobile home park, or non-residential, use, but not across a dividing street between such uses. ii. Along any property line or district boundary between any multi -family use and any non-residential, use, but not across a dividing street between such uses." SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, 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 the Allen Land Development Code, as amended, and upon conviction shall be 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. Ordinance No. 2803-2-09, Page 2 SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in ' accordance with its 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 TIHS THE le DAY OF FEBRUARY, 2009. APPROVED: 46ge. Crr Stephen terrell, MAYOR APPROVED AS TO FORM: ATTEST: (�k-24 Peter G� CITY ATTORNEY Shelley B. Georg , CITY SECRET Ordinance No. 2803-2-09. Page 3