O-3653-4-19 ORDINANCE NO.3653-4-19
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. 166 AUTHORIZING AN APPROXIMATELY 5,970±SQUARE FOOT
PORTION OF THE BUILDING LOCATED ON LOT 1, BLOCK A, BETHANY
CORNER ADDITION(COMMONLY KNOWN AS 801 S.GREENVILLE AVENUE,
SUITE 108), PRESENTLY ZONED FOR PLANNED DEVELOPMENT NO. 4
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,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. 166 authorizing an approximately 5,970±
square foot portion of the building located on Lot 1, Block A, Bethany Corner Addition, an addition to the City
of Allen,Texas as recorded in Cabinet F,Page 171,Map Records,Collin County,Texas,and commonly known
as 801 S. Greenville Avenue, Suite 108, as shown on Exhibit "A" attached hereto and incorporated herein by
reference("the Property"),which is presently zoned for Planned Development No.4 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 incorporated herein by reference.
B. Only Matsuda Enterprise LLC dba My Jym, or a legal entity owned or controlled by Jerome Davis, is
authorized by this Ordinance to use the Property for a Fitness and Health Center use.
C. Except for parking by customers and employees, no activity related to the business shall occur on the
exterior of the Property.
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($2,000)for each offense.
SECTION 7. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen,and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS 9TH DAY OF APRIL 2019.
APPROVED:
Step a errell,MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G.Smith,CIIW ATTORNEY Shelley B.Geo RMC,CI ECREIRY
(kb1:3/26/19:106962)
Ordinance No.3653-4-19,Page 2
EXHIBIT"A"
SUP SITE PLAN
Bethany Cosner Plaza-801 S Greenville Ave Allen,TX 75002
Bethany Dr.
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100 101 102 103 104 10$ 10r. la 101 08
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Suite Sqft Parking Rq Suite Sqft Parking Rq
100 Retail(Pride Food) 2456 13 108 Fitness(My iym) 1970 30
101A Empty 1440 0 113 Empty 4180 0
10113 Retail(Tamils.Han) 1200 6 115 Retail((ryo Boost) 2063 11
102 Retail(Phone Tailor) 845 5 116 Restaurant(Moya Chines)930 10
103 Retail(Caviar liosp) 804 ., 117 Retail(Des:Bazaar) 2000 10
104 Empty 1545 0 118 RtSt31111311t al Grinde) 1457 15
105 Empty 1186 0 119 Empty 1920 0
106 Retail(Elegant)lath) 1000 5 120 Rated(Classic Massage)2082 11
107 Retail(Tobacco Ilut) 1008 .6 121 Restaurant(Pizza Hut) 1710 18
Total Parking Space 187 Total Spaces Required 145
SUP SITE PL'iN
Matsuda Enterprise LLC-Nfy Jvm
801 S Greenville Ave
Allen.TX 75002
Lot 1.Block 1 of the Bethany Corner Addition
C try of Allen Collin County Texas
Owner Greenville Bethany C oruer LLC -I.;.0,:::C ritual Expy Si.325 Dallas,TX 75231
Applicant Jerome Davis-f 12 Ridgemont Dr Allen,TX 75002-469-62457U
I
Ordinance No.3653-4-19,Page 3