HomeMy WebLinkAboutO-3101-8-12ORDINANCE NO. 310141-12
' 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. 129 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 3,
BLOCK A, WAITERS VILLAGE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS
909 W. STACY ROAD, ALLEN, TEXAS) PRESENTLY ZONED PLANNED
DEVELOPMENT NO. 86 FOR SHOPPING CENTER "SC" USE, TO BE
DEVELOPED AND USED FOR A FITNESS AND HEALTH CENTER; ADOPTING A
SITE PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; PROVIDING
FOR 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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by granting Specific Use Permit No.
129 authorizing the property described as Lot 3, Block A, Watters Village, an addition to the City of Allen,
Collin County, Texas (also known as 909 W. Stacy Road, Allen, Texas) (the "Property"), which is presently
zoned Planned Development No. 86 for Shopping Center `5C" use to be developed and used for a Fitness and
Health Center.
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, if developed and used as a Fitness
and Health Center in accordance with this Specific Use Permit No. 129, 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 Site Plan attached hereto as Exhibit "A" and incorporated herein by reference.
B. The use and development of the Property as a Fitness and Health Center shall be only in
accordance with the Site Plan attached as Exhibit "A," in accordance with the Landscape Plan
attached as Exhibit "B," and the Building Elevations set forth in Exhibit "C," attached hereto
and incorporated herein by reference.
' C. Only Emler Properties, Inc. is authorized by this Ordinance to use the Property for a Fitness
and Health Center.
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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
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 THE 28TH DAY OF AUGUST, 2012.
APPROVED AS TO FORM:
Peter G. Smit ATTORNEY
(kb] W17/12 56929)
APPROVED:
Stephen errell, MAYOR
ATTEST:
Shelley B. George, TRMC, CITY kPLWMARY
Ordinance No. 3101-8-12, Page 2
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EXHIBIT`A"
SITE PLAN
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Ordinance No. 3101-8-12, Page 3
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Ordinance No. 3101-8-12, Page 3
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EXHIBIT `B"
LANDSCAPEPLAN
Ordinance No. 3101-5-12, Page 4
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EXHIBIT"C"
BUILDING ELEVATIONS
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Ordinance No. 3101-5-12, Page 5
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EXMBIT `C"
BUILDING ELEVATIONS (Continued)
Ordinance No. 3101$12, Page 6