HomeMy WebLinkAboutO-3277-1-15ORDINANCE NO. 3277-1-15
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE
PERMIT NO. 142 TO ALLOW A 9,610 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON LOT 1, BLOCK 1, BETHANY CORNER ADDITION,
CITY OF ALLEN, TEXAS (ALSO KNOWN AS 801 S. GREENVILLE AVE., SUITES
101, 108, AND 115) PRESENTLY ZONED PLANNED DEVELOPMENT NO. 4 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 of the City of Allen, Texas 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 granting Specific Use Permit No. 142 for a 9,610 square foot portion of
the building depicted on Exhibit "A," attached hereto and incorporated herein by reference, located on Lot 1,
Block 1, Bethany Comer Addition, City of Allen, Collin County, Texas (also known as 801 S. Greenville
Ave., Suite 101, 108 and 115 ) (the `Property"), which is presently zoned Planned Development No. 4 for
Shopping Center "SC," to be used for a Fitness and Health Center use.
SECTION 2. The Properly 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, subject to the
following special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown
as shaded and shown on Exhibits "A" hereto.
B. Only DMKG Enterprises LLC, dba CrossFit FX TX, is authorized by this Ordinance to use
the Property for a Fitness and Health Center use.
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.
' SECTION 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
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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 6. 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 27ra DAY OF JANUARY 2015.
APPROVED AS TO FORM:
Peter G Smith, CAY ATTORNEY
(01 1/12/15 69777)
APPROVED:
imam
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, TRW, CITY SECRtTARY
Ordinance No. 3277-1-15, Page 2
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EXIMIT "A"
PROPERTY LOCATIONS
Bethany Corners
801 S. Greenville
Avenue Allen, TX 75002
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Ordinance No. 3277-1-15, Page 3