O-3150-5-13ORDINANCE NO. 3150-5-13
' 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. 134 TO ALLOW A
1,375 SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 1, EAST MAIN
PLACE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 803 E. MAIN STREET, SUITE C,
ALLEN, TEXAS), PRESENTLY ZONED PLANNED DEVELOPMENT NO. 5 SHOPPING
CENTER "SC," TO BE USED FOR A FITNESS AND HEALTH CENTER USE; 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, be amended by granting Specific Use Permit No. 134 for a 1,375 square foot portion
of the building depicted on Exhibit "A," attached hereto and incorporated herein by reference, located on Lot 1,
East Main Place, City of Allen, Collin County, Texas (also known as 803 E. Main Street, Suite C, Allen, Texas)
(the `Property"), which is presently zoned Planned Development No. 5 Shopping Center `5C" 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. Furthermore,
the Specific Use Permit granted hereby is expressly limited to Retrain Fitness dha Retrain Fitness and to the
area of the Property highlighted and labeled "Lease Space" on Exhibit "A" hereto.
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 commvtted 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, fum 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 14m DAY OF MAY, 2013.
APPROVED: Stephen rreRx.,
APPROVED AS TO1 FORM: ATTEST:
r D.. PA a G. St ith. UITY A RNEY Sh ey B. Geo 4C, CITY 9JDCRETARY
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Ordinance No. 3150-5-13 Page 2
EXHIBIT "A"
AERIAL PHOTO OF PROPERTY
Ordinance No. 3150.5.13, Page 3