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O-1294-10-94ORDINANCE NO. 1294-10-94 AN ORDINANCE OF THE CITY OF ALLEN, COIJJ N COUNTY, TEXAS, AMENDING PARAGRAPH 2, -BUSINESS OR PROFESSIONAL OFFICE, STUDIO, BANK, MEDICAL OR DENTAL CLINIC," SUBSECTION a, "PARIC NG REQUIREMENTS," SECTION 3.03, "VEHICLE PARKING," OF COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED; PROVIDING FOR AN DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, under the provisions of the Constitution and the laws of the State of Texas, including V.T.C.A., Local Government Code §211 et seq., authority is conferred upon the City of Allen, Texas, to establish zoning district regulations within the City of Allen; and, WHEREAS, the Planning and Zoning Commission has held a public hearing and after careful review determined that, in order to provide the proper number of parking spaces for business or professional offices, studios, banks, and medical or dental clinics, it was necessary to amend the requirements; and, WHEREAS, the Planning and Zoning Commission desire to be fair and equitable to all office type uses and considers that any such development that is in progress prior to the adoption of this ordinance, and prior to the issuance of a Certificate of Occupancy, should be allowed to adhere to the new regulations; and, WHEREAS, the City Council held a public hearing and considered the Planning and Zoning Commission recommendation and the testimony given at the City Council hearing and decided to favorably act upon the Planning and Zoning Commission's recommendation to amend the Comprehensive Zoning Ordinance; and, WHEREAS, The City Council concurs with the recommendation of the Planning and Zoning Commission to allow such uses currently in development and prior to issuance of a Certificate of Occupancy to adhere to the new regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, paragraph 2, 'Business or professional office, studio, bank, medical or dental clinic," Subsection a, "Parking Requirements," Section 3.03, "Vehicle Parking," of Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as previously amended, be and the same hereby is amended as follows: "12. A. Business or professional office, studio, or bank - One (1) parking space for each three hundred (300) square feet of floor area. B. Medical or dental clinic - One (1) parking space for each two hundred fifty (250) square feet of floor area up to 75,000 square feet. One (1) parking space for each three hundred (300) square feet of floor area over 75,000 square feet." SECTION 2: All office type uses that are currently in development, and prior to issuance of a Certificate of Occupancy, shall be allowed to adhere to these new regulations. SECTION 3: . All ordinances of the City of Allen 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 herewith shall remain in full force and effect. SECTION 4: 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 judgment 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 known the affected parts would be held unconstitutional. SECTION 5: 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 6TH DAY OF OCPOBER,1994. t. APPROVED: Me Farmer, MAYOR r � APPROVED AS TO FORM: ATTEST: A. Don Crow—&—r, CITY ATTORNEY 4umzon,CMC, CITY SECRETARY Ordinance No. 1294-10-94 Page 2 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Park Rea. of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, September 7, 1994 and which was issued on September 7, 1994 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND S pFIN to before me this A.D. 1995" V. A. TODD f /� TJ • LSC , �eC .� MY COMMISSION EXPIRES December 5, 1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publishers fee $12.38 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thurs- day, October 6, 1994, at 7:30 p.m in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for recommendation of Planning and Zoning Commission to amend the parking requirements of Com- prehensive Zoning Ordinance No. 829-11-87 for office uses. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. /l For further information, contact the Depart- ment of Community Development, City of Allen, One Butler Circle, Texas, or by tele- phoning 727-0120. /s/ Judy Morrison City Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 1294-10-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on October 12 & October 15, 1994 and which was issued on October 12, 1994 by C i t y of A l l e h of COLLIN COUNTY, TEXAS A printed copy of said pu ion is attached hereto. ("/,2 ,_, ' SUBSCRIBED AND WORN to before me this % �{� A. D. 19 q/ 14 V. A. TOW ** MY COMMISSION EXPIRES��-s�e� December 5, 1996 OTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 24.76 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, October 6, 1994 Title only): Ordinance No 1294-10-94 An Ordinance of the City of Allen, Colliri County, Texas, I Amending Comprehensive Zoning Ordi- nance No. 829-11-87, as Previously j Amended, so as to Amend Section 3.03 Vehicle Parking, for Business or Profes- sional Office, Studio, Bank, Medical or Dental Clinic; Providing for an Effective Dat6, and Providing for Publication of the Caption. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas 75002-2773. /s/ Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, October 6, 1994 (Title only): Ordinance No 1294-10-94- An Ordinance of the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi- nance No. .829-11-87, as Previously Amended, so as to Amend Section 3 03 Vehicle Parking, for Business or Profes- sional Office, Studio, Bank, Medical or Dental Clinic; Providing for an Effective Date; and Providing for Publication of the Caption. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Texas 75002-2773. /s/ Judy Morrison City Secretary