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O-2553-9-06ORDINANCE NO. 2553-09-06 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING AND CORRECTING ORDINANCE NO. 2459-11-05, PASSED AND APPROVED BY THE CITY COUNCIL ON THE NOVEMBER 8, 2005, WHICH CONTAINED A SCRIVENER'S ERROR IN ARTICLE VII, "ZONING DEVELOPMENT STANDARDS,^ SECTION 7.04.1 "PARKING REQUIREMENTS FOR ALL MULTI -FAMILY DEVELOPMENTS," WHICH INCORRECTLY STATED THAT THE MULTI -FAMILY GARAGES MUST BE "ENCLOSED" INSTEAD OF "ATTACHED"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2459-11-05, passed and approved by the City Council on November 8, 2005, contained a scrivener's error in amending Article VII, "Zoning Development Standards," Section 7.04.1 "Parking Requirements for All Multi -Family Developments," which incorrectly stated the garages were to be "enclosed" instead of "attached"; and, WHEREAS, said Ordinance No. 2459-11-05 should be amended to correct said error. ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Article VII "Zoning Development Standards," Section 7.04.1 of the Allen Land Development Code, as amended by Ordinance No. 2459-I1-05 is hereby amended in part as follows: "ARTICLE VII. ZONING DEVELOPMENT STANDARDS M PARKING SPACE PER a z 0 m S $ e PLUSI FOR E o m y -' m y SQUARE USE z e O y o c m o FOOTAGE d e : om c GREATER THAN Ti iz a LL � 0 c m 2 spaces for each dwelling unit must be in an attached garage; in addition, 0.25 spaces for each dwelling unit must be constructed as visitor parking and 21 evenly dispersed 02 throughout the DWELLING MULTI-FAMILY(APARTMENT) 5 Project. M I I SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 3. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code, 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. 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 Zoning Regulations, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of two thousand dollars ($2,000) for each offense. SECTION 6. This Ordinance shall take effect immediately from and after its passage and publication of the caption 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, COLLIN COUNTY, TEXAS, ON THIS THE 12TH DAY OF SEPTEMBER, 2006. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY APPROVED: Ste a Terrell, MAYOR ATTEST: Shelley B. Georlo, TRMC, CI SECRETARY Ordinance No. 2553-09-06, Page 2