O-3551-2-18ORDINANCE NO. 3551.2-18
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING SPECIFIC USE PERMIT NO. 160 AUTHORIZING AN
APPROXIMATELY 2,000± SQUARE FOOT PORTION OF THE BUILDING LOCATED
ON LOT 1A, COTTONWOOD CREEK VILLAGE SHOPPING CENTER (COMMONLY
KNOWN AS 107 N. GREENVILLE AVENUE, SUITE B), PRESENTLY ZONED FOR
SHOPPING CENTER "SC" TO BE USED FOR A FITNESS AND HEALTH CENTER
USE; PROVIDING A CONFLICTS RESOLUTION CLAUSE; PROVIDING A
SEVERABILITY 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 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 the property owners generally and to all persons interested and situated in the affected area, and in the vicinity
thereof, and in the exercise of its legislative discretion, have concluded that Allen land Development Code Zoning
Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be amended.
' 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 Zoning Regulations and Zoning Map of the City of Allen,
Collin County, Texas, be amended by graining Specific Use Permit No. 160 authorizing an approximately 2,000±
square foot portion of the building located on Lot IA, Cottonwood Creek Village Shopping Center, an addition
to the City of Allen, Texas as recorded in Cabinet D. Page 105, Map Records, Collin County, Texas, and
commonly known as 107 N. Greenville Avenue, Suite B, as shown on Exhibit "A," attached hereto and
incorporated herein by reference, which is presently zoned for Shopping Center "SC" to be used for a Fitness and
Health Center use.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and as amended herein, and, if developed
and used for Fitness and Health Center purposes, shall be subject to the following special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown in the
SUP Site Plan attached hereto as Exhibit "A" and incorporated herein by reference.
B. Only Dina Scott dba Dmmba Fitness, or a legal entity owned or controlled by Dina Scott, is authorized
by this Ordinance to use the Property for a Fitness and Health Center use.
C. Except for parking by customers and employees, no activity related to the business shall occur on the
exterior of the Property.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this ordinance, the provisions of this ordinance shall be controlling.
SECT [ON 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or
of the Allen Land Development Code Zoning Regulations, 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 Zoning Regulations, as amended hereby, which shall remain in full force and effect.
SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the
provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION & 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 Allen Land Development Code Zoning Regulations of the City of
Allen, 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 7. 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, COLLIN
COUNTY, TEXAS, ON THIS 13°1 DAY OF FEBRUARY 2018,
APPROVED:
Stephen Terrell, MAYO
' APPROVED AS TO FORM: ATTEST:
12"40;(b
Peter G. Smith, CITY ATTORNEY
(WA117/18:951Q)
VSWI&B. Geo TRMC, CI SECRETARY
Ordinance No. 3551.2.18, Page 2
EXHIBIT"A"
SUP SITE PLAN
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Drumba Fitness SUP Site Plan
Ordinance No. 3551.2.18, Page 3