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O-1400-2-96ORDINANCE NO. 1400-2-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 1237-4-94, SUBDIVISION ORDINANCE, AS PREVIOUSLY AMENDED, BY PROVIDING AN EXCEPTION TO PARAGRAPH 604.2 OF SECTION 604, ALLEYS, ARTICLE 600, GENERAL DESIGN STANDARDS AND REQUIREMENTS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN CTIVE DATE. VVIINREAS, the City Council of the City of Allen has reviewed the requirements for front -entry garages contained in Section 604 of Subdivision Ordinance No. 1237-4-94; and, WHEREAS, the City Council of the City of Allen has determined that there is a need to expand the requirements for front -entry garages to allow greater flexibility and creativity in the design of attached garages on lots where alleys are not provided; and, WHEREAS, the City Council of the City of Allen has determined that there is a need to amend Subdivision Ordinance No. 1237-4-94, as previously amended, in order to establish specific guidelines for attached garages where alleys are not provided. 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, City of Allen Subdivision Ordinance No. 1237-4-94, as previously amended, be, and is hereby amended as indicated by Article 600, Section 604, paragraph 604.2 of the Subdivision Ordinance as set forth in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2: All ordinances of the City of Allen, including existing Planned Developments, in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 1 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 Subdivision Ordinance No. 1237-4-94, as previously amended, and upon conviction shall be punished' by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. 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. SECTIONS: 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 ALIEN, TEXAS, ON THE 1ST DAY OF FEgg]p,Ry , 1996. J6e Farmer, MAYOR ATTEST: fi";Mo-�ornl! CMCI CITY SECRETARY Ordinance No. 1400-2-96 Page 2 EXHIBIT 'A' ARTICLE 600: GENERAL DESIGN STANDARDS AND REQUIREMENTS Section 604: Alleva 604.2 Alleys should be encouraged in residential subdivisions. If alleys are not incorporated into the design of the subdivisions, front -entry drives will be required with side or rear -entry garage access, notwithstanding the following exception, and shall provide sufficient space for the parking of four vehicles. However, detached front -entry garages are allowed when placed at the rear of a lot having a minimum depth of 120'. Exception: Garage door(s) may face the street if set back behind the midpoint of the lot. If closer than midpoint of the lot, garage door(s) shall not be allowed to face the street unless that door is located behind a porte-cochUe and the only accessible route from the front of the lot to the garage is through the porte-cochUe. Where a porte-cochUe is constructed, said porte-cochUe shall be allowed to be closed with a gate or door which opens to a courtyard rather than a structure. This design is allowed with or without the incorporation of alleys. Ordinance No. 1400-2-96 Page 3 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 #1400-2-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on February 7 & Febraury 10, 1996 and which was issued on February 7, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publi, /on is attached hereto. V GL.G SUB CRIBED AND SWORN to before me this day, A.D. 19_?%__ f a NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $_46 . 76 V. A. TODD � NIY COMMIaSEOfJ O(PIRES December 5, 1Q56 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, February 1, 1996 (Title and Penalty Clause only): Ordinance No. 1400-2-96: An Or finance o t e --City o�AT ei n Oollin County, Texas, Amending Ordinance No. 1237-4-94, Subdivision Ordinance, as Previously Amended, by Providing an Exception to Paragraph 604.2 of Section 604, Alleys, Article 600, General Design Standards and Requirements; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000); Providing for a Severability Clause; and Providing for an Effective Date. That 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 Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as hereto- fore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /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, February 1, 1996 (Title and Penalty Clause only): Ordinance No. 140�0-2- 66: An i Or mand ce ofthe pity of Allen, -Collin County, Texas, Amending Ordinance No. 1237-4-94, Subdivision Ordinance, as Previously Amended, by Providing an Exception to Paragraph 604.2 of Section 604, Alleys, Article 600, General Design Standards and Requirements; Providing for a Penalty of Fine not to Exceed the Sum of Two Thousand Dollars ($2,000); Providing for a Sevetability Clause; and Providing for an Effective Date. That 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 Comprehensive Zoning Ordinance No. i 829-11-87 of the City of Allen, as hereto- i fore amended, and upon conviction shall, be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000)1 for each offense. I A copy of this ordinance may be read, i or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary 11