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O-3538-11-17ORDINANCE NO. 3538-11-17 ' 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. 159 AUTHORIZING AN APPROXIMATELY 5,300±SQUARE FOOT PORTION OF THE BUILDING LOCATED ON LOT 2, BLOCK A, GREENWOOD VALLEY COMMERCIAL ADDITION (AND COMMONLY KNOWN AS 1210 EAST MAIN STREET), PRESENTLY ZONED FOR SHOPPING CENTER "SC" TO BE USED FOR A GYMANSTICS AND SPORTS TRAINING FACILITY 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 heating 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 Pemri[ No. 159 authorizing an approximately 5,300± square foot portion of the building located on Lot 2, Block A, Greenwood Valley Commercial Addition as shown on Exhibit "A," attached hereto and incorporated herein by reference, which is presently zoned for Shopping Center "SC" to be used far a Gymnastics and Sports Training Facility 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 IronFit, LLC, dba CrossFit Ammo, is authorized by this Ordinance to use the Property for a Gymnastics and Sports Training Facility use. C. 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 section of this ordinance, or of the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged or held to be void or 1 1 unconstitutional, the same shall not affect the validity of the retraining portions of said ordinance or the Allen Land Development Code Zoning Regulations, as amended hereby, which shall retrain 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, fmn or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Allen Iand 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 28- DAY OF NOVEMBER 2017. APPROVED AS TO FORM: (:;.GC 44-442 Peter G. Snit , City Attorney (W) I VIWITOM5) APPROVED: (jlc a Stephen Ter 11, MAYOR ATTEST: She ey . Geor TRMC, City creta Ordinance No. 3538-11-17, Page 2 EXEIIBIT °`A" SUP SITE PLAN ' SVXUNH-nV'LUSU SL@CIH KTIIV V MVA IM IIIIIII jjj 11 � AU'ROV-3TV.L KIHDIHHN31W I �, � ill CI aAIM QHnWH NH Ordinance No. 3538-11-17, Page 3 D