O-3849-8-21 ORDINANCE NO.3849-8-21
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. 181 AUTHORIZING AN APPROXIMATELY 2,353f SQUARE FOOT
PORTION OF A BUILDING LOCATED ON LOT 1A, BLOCK A, EAGLE PLAZA
SHOPPING CENTER, PRESENTLY ZONED 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 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, the City Council has concluded that the Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be further amended as follows.
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. 181 authorizing an approximately 2,353±
square foot portion of a building located on Lot 1A,Block A,Eagle Landing Shopping Center,an addition to the
City of Allen,Collin County,Texas,according to the.Plat recorded in Volume F,Page 349,Plat Records,Collin
County, Texas, as shown on Exhibit"A"attached hereto and incorporated herein by reference("the Property"),
which is presently zoned 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, with respect to property located in a
Shopping Center (SC) Zoning District, and, if developed and used for a Fitness and Health Center, shall be
subject to the following special conditions:
A. The Property shall be developed as shown on the SUP Site Plan attached hereto as Exhibit "A" and
incorporated herein by reference; and
B. Only Vibe Yoga,or a legal entity owned or controlled by Erudio, Inc. 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 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 24TH DAY OF AUGUST 2021.
APPROVED:
9c/
Kenneth M.Fulk,MAYOR
APPROVED AS TO FORM:: ATTEST:
Peter G. Smith, ITY ATTORNEY Shelley B.George, RMC,CITY SE TARY
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Ordinance No.3849-8-21,Page 2
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Ordinance No.3849-8-21;Page 3