O-3504-8-17ORDINANCE NO. 3504-8-17
' 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. 155 AUTHORIZING AN APPROXIMATELY 4,1441 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON LOT 7R, GREENWAY-ALLEN RETAIL ADDITION (AND
COMMONLY MOWN AS 503 W. MCDERMOTT DRIVE, SUITE 100), PRESENTLY ZONED
FOR SHOPPING CENTER `5C" 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 granting Specific Use Permit No. 155 authorizing an approximately 4,1441
square foot portion of the building located on Lot 7R, Greenway -Allen Retail Addition as shown on Exhibit "A"
and Exhibit "B" 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 SUP Suite Plan attached hereto as Exhibit `B" and
incorporated herein by reference.
B. Only Polar Bear -Allen, LLC, dba Title Boxing Club Allen, is authorized by this Ordinance to use the
Property for a Fitness and Health Center use.
C. This Specific Use Perini[ is limned to authorizing the use and development of the Property as a
Fitness/Health Center and not for any other use that may otherwise be within the definition of
"Fimess/Health Center" as that use is defined in the Allen Land Development Code, as amended.
D. No activity related to the business shall occur outside the lease space.
' 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 secnon 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 orthe 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, firth 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 STH DAY OF AUGUST 2017.
APPROVED:
' Stephen Te r0, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CM ATTORNEY S e ey B Georg'RM , CITY S RETARY
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Ordinance No. 3504-8-17, Page 2
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