R-2154-4-03RESOLUTION NO. 2154-4-03(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, FINDING THAT A BIRTHING CENTER, A HOSPICE, AND A
CONGREGATE RESIDENCE ARE NEW AND/OR UNLISTED USES;
ESTABLISHING A DEFINITION FOR BIRTHING CENTER; AND DECLARING
THE APPROPRIATE ZONING DISTRICTS FOR SUCH USES; DIRECTING THAT
TABLE 4.20.3 SCHEDULE OF PRINCIPAL USES AND TABLE 4.20.4 SCHEDULE
OF PRINCIPAL USES IN CENTRAL, BUSINESS DISTRICT AND APPENDIX "A"
BE AMENDED ACCORDINGLY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen has been requested to interpret whether a "Birthing
Center," a "Hospice," and a "Congregate Residence" are new and unlisted uses within the definitions and
Schedule of Uses of the Allen Land Development Code; and
WHEREAS, Section 4.02.7 of the Allen Land Development Code of the City of Allen delineates the
appropriate procedure regarding new and unlisted uses; and
WHEREAS, the Planning and Zoning Commission in following those procedures, finds that a "Hospice,"
and a "Congregate Residence" are unlisted uses and that "Birthing Center" is a new and unlisted use and
recommends that the City Council approve the a definition for "Birthing Center" and certain zoning
classifications for such uses.
' WHEREAS, the City Council desires to approve the recommendation of the Planning and Zoning
Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
1
SECTION 1. The City Council hereby approves the findings and recommendation of the Planning and
Zoning Commission that the term "Birthing Center' is undefined and an unlisted use; and should be defined
as set forth below and directs the Planning and Zoning Commission to call public hearings for the purpose of
amending the Allen Land Development Code to add such definition:
"A facility or place where a woman is scheduled to give birth following a normal, uncomplicated
(low-risk) pregnancy. This term does not include a hospital, ambulatory surgical center, a nursing
home, or the residence of the woman giving birth. Source: Birth Center Licensing Division, Texas
Department of Health."
SECTION 2. The City Council approves the recommendation and findings of the Planning and Zoning
Commission that Hospice and Congregate Residence uses shall be allowed by right or by Specific Use Permit
as shown below, indicated by an X if by right and an S if by Specific Use Permit and directs the Planning and
Zoning Commission to call public hearings to amend Table 4.20.3. of the Allen Land Development Code.
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SECTION 3. The City Council approves the recommendation and findings of the Planning and Zoning
Commission that a Birthing Center should be allowed by right as indicated by an X within the Central
' Business District as shown below; and directs the Planning and Zoning Commission to call public hearings to
amend Table 4.20.4. of the Allen Land Development Code.
SECTION 4. This resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8TH DAY OF APRIL, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg% TRMC, CITY M&RETARY
Resolution No. 21544-03(R). Page 2
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SECTION 4. This resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8TH DAY OF APRIL, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Georg% TRMC, CITY M&RETARY
Resolution No. 21544-03(R). Page 2