Loading...
O-2882-1-10ORDINANCE NO. 2882-1-10 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE BY AMENDING ARTICLE IV, "ZONING REGULATIONS," SECTION 4.08.11 "SC" SHOPPING CENTER DISTRICT," SECTION 4.08.16 "LP' AND "111" INDUSTRIAL DISTRICTS, 4.20.2 "SCHEDULE OF PRINCIPAL USES," AND SECTION 4.20.3 "SCHEDULE OF ACCESSORY USES" BY AMENDING THE PURPOSE STATEMENTS FOR CERTAIN ZONING DISTRICTS AND THE SCHEDULES SETTING FORTH THE PRINCIPAL AND ACCESSORY USES ALLOWED, PROHIBITED, OR ALLOWED UPON GRANT OF A SPECIFIC USE PERMIT IN VARIOUS ZONING DISTRICTS AS THEY RELATE TO ASSEMBLY USES AND VARIOUS OTHER USES; BY AMENDING ARTICLE VI "SPECIAL ZONING PROVISIONS," SECTION 6.01.5 "SPECIFIC PERMITTED USES," TO MAKE CERTAIN TECHNICAL AMENDMENTS; AND BY AMENDING APPENDIX A, "DEFINITIONS" BY ADDING, DELETING, AND AMENDING CERTAIN DEFINITIONS; 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 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. The Allen Land Development Code, Article IV "Zoning Regulations" shall be amended as follows: A. Section 4.08.11 "SC" Shopping Center District shall be amended to read in its entirety as follows: Section 4.08.11 "SC" Shopping center district. Purpose. This district provides for medium intensity concentrations of shopping, dining and entertainment -related commercial activity that me compatible with and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.20.3). IB. Section 4.08.16 "LI" and "HI" Industrial Districts, Paragraph 1, "Purposes" shall be amended to read in its entirety as follows: 1. Purposes. These districts are intended to establish major employment centers, provide locations for business parks and accommodate distribution, processing, and ' manufacturing, and are distinguished by the intensity of use and appropriate for permitted uses identified in the Schedules of Principal Uses (Section 4.20.2) and the Schedule of Accessory Uses (Section 4.20.3). 1 C. Section 4.20.2 "Schedule of Principal Uses" shall be amended to read in its entirety as follow Section 4.20.2 "Schedule of Principal Uses" Ordinance No. 2882-1-10, Page 2 ■ ■■■■■■■■■■■■■■■■■EBBEEBE■ ■■■■■■■■■■■■■ :.■■■©©©©©■■■■ ■■■■■■■■■■■■■ o■■■■■■o■■■■ ■■■■■■■■■■■■■•' ■■■■■■■■■■©■ ■■■■■■■■■■■■■• ■BBBBBB■■eBB . Ordinance No. 2882-1-10, Page 2 I I 1111111111111MIIIIIIIIIIII ........■�■■■• 000000000000 .............• .......moo©. 'iiiiiiim©©©©i• mii�miiiimmi FMRICS OR NEEDLEMRK S.01 ■■mmmmmmmm.mm mmmnmmmmmnom ..m.mnmm.m.■m mmmo0000mmm m.mmmmmmmmmmm mmm00000momo n.mmmmmmmmmmm mmmmmnnnmmmo m.mm■.■mmnmmm•" mmm00000mnmm MMMMMMMMMMMMMFOCD mmmmmunommmm n..mn.m.m.mm.... mmmm0000000n ■mmmm.mm.mmmm ........moon n.mmmmmmmmmmm 0mommo00o©00 .■mmmmmmmmmmm mmmmmmmomomo MEMMMMMMMMMMM m.m.m.m.m.mmm mm.00000.mm. 11 �Immmmmmnmmnum Ordinance No. 2882-1-10, Page 3 I D. Section 4.20.3 "Schedule of Accessory Uses" shall be amended to read in its entirety as follow: Section 4.20.3 "Schedule of Accessory Uses" Ordinance No. 2882-1-10, Page 4 -MM-iafi•fLi-fi -1----------- MMMMMMMMMM MMM MMMMMMMMMMMM D. Section 4.20.3 "Schedule of Accessory Uses" shall be amended to read in its entirety as follow: Section 4.20.3 "Schedule of Accessory Uses" Ordinance No. 2882-1-10, Page 4 I 1 ■■ ■ ■■■■■■■■■■■MI■ ..MINI©©©.MIMIMIMI ■■■■■■■■■■■■■: ■■■■e■■eeee■ ■■■■■■■■■■■■■:•• ■eeeeeeeee■■ NEEM■■■■■■■MI■ - MININIMINININI©MINIMI■ ....■......... ............ ....MINI©©©©©NI©• • - NIMIMIMIMIMIMINININIMI© ■■■■■■■■■■■■■ Nee■..■■.■©© MEMEMEMMUMMMM MEMEMEMEMEMME ■■■■■■■■■■■■■ ■ee■■■■ee■■■ MOMMEMMEMEMME MEMMMMMMMMMMM ■■.■■■......■ = NIMIMIMIMIMIMIMIMI■MINI SWM OR TENNIS CLUB !nnnnnmmmnmmn .■.■■■......■ - .........MINIMI SECTION 2. The Allen Land Development Code, Article VI `Special Zoning Provisions," Section 6.01.5 "Specific Permitted Uses," paragraph 1 by deleting the phrase "and the following." 1 SECTION 3. The Allen Land Development Code, Appendix A, "Definitions" shall be amended as follows: Ordinance No. 2882-1-10, Page 5 A. The definitions of "School, Business and Trade," and "School, Public or Denominational" are hereby deleted. ' B. Definitions for the words or phrases "Gymnastics/Dance Studio," "Fitness/Health Center," "Museum/Art Gallery," "Park -and -Ride Facility," "School, Private or Parochial," and "School, Public" are hereby added and shall read in their entirety as follows: Gymnartics/Dance Studio means a private commercial facility used as a place for instructional classes in gymnastics, dance, martial arts or similar uses. Fitness/Health Center means a private commercial facility operated to promote physical health and fitness. Activities may include exercise, training, and education pertaining to health and fitness. Uses or combinations of uses or facilities would typically include, but are not limited to weight lifting and exercise equipment, fitness training, swimming pools, game courts and running orjogging tracks. Museum/Art Gallery means a building serving as a repository for a collection of natural, scientific, artistic, or literary objects of interest, and designed to be used for viewing, with or without an admission charge, and which may include as an accessory use the sale of goods. Park -and -Ride Facility means a public bus and/or rail transportation facility providing scheduled local and/or regional passenger transportation that is constructed with an associated parking lot designed for passengers to park their motor vehicles prior to embarking on a bus and/or train that stops at said facility. School, Private or Parochial means a school operated by a private or religious agency or ' corporation providing elementary and/or secondary education, but not including a Private or Parochial School operated on the campus of a College, University, or Trade School. School, Public means a school operated by an independent school district established in accordance with Chapter 11 of the Texas Education Code, but not including a Public School operated on the campus of a College, University, or Trade School. C. The definition of the phrase "College or University" shall be changed to "College, University or Trade School" and shall be amended to read in its entirety as follows: College, University or Trade School means a non-profit or for-profit institution established for educational purposes offering courses of study beyond the secondary education level, including trade schools and commercial schools offering training or instruction in a trade, art, or occupation; provided, however, a Public, Private, or Parochial School that provides students enrolled at the school an opportunity to enroll in and take post -secondary courses or obtain concurrent credit for post -secondary course work on the school's campus is not a College, University, or Trade School. SECTION 4. 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. SECTIONS. 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. Ordinance No. 2882-1-10, Page 6 I 1 1 SECTION 6. 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 7. 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. SECTION 8. 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 THIS THE 12Tu DAY OF JANUARY, 2010. APPROVED AS TO FORM: w� Peter G. Smith, CITY TTORNEY APPRO r Stephen T ell, MAYOR ATTEST: Shelley B. George, SECRETA Ordinance No. 2882-1-10, Page 7