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O-4015-8-23ORDINANCE NO. 4015-8-23 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 AMENDING AND RESTATING THE DEVELOPMENT REGULATIONS OF SPECIFIC USE PERMIT NO. 155 FOR A FITNESS AND HEALTH CENTER USE SET FORTH IN ORDINANCE NO. 3504-8-17 RELATING TO THE USE AND DEVELOPMENT OF 4,144± SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 7R, GREENWAY-ALLEN RETAIL ADDITION, PRESENTLY ZONED SHOPPING CENTER “SC”; 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 adopted, 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 and is hereby further amended by amending and restating as follows the development regulations of Specific Use Permit No. 155 for a Fitness and Health Center as set forth in Sections 1 and 2 of Ordinance No. 3504-8-17, inclusive of Exhibits “A” and “B” attached thereto and made a part of said ordinance: “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 a 4,144± square foot portion of a building located on Lot 7R, Greenway-Allen Retail Addition, an Addition to the City of Allen, Collin County, Texas, according to the Plat recorded in Volume 2016, Page 157, Plat Records, Collin County, Texas, (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 applicable to property located within a Shopping Center “SC” zoning district, as heretofore amended, and, if used for Fitness and Health Center purposes, such use shall be limited to the area of the Property shown in the SUP Site Plan attached hereto as Exhibit “A” and incorporated herein by reference. 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.This Specific Use Permit is limited 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 Title Boxing 4,144 S.F. Parking Calculations Restaurant 1800 (Firehouse) 3729 (Fit Factory) 5529/100 = 55 spaces required Salon 4205/200 = 21 spaces required Titleboxing 4144/200 = 21 spaces required Total required parking = 97 spaces Total provided = 128 spaces EXHIBIT "A" SUP SITE PLAN Ordinance No. 4015-8-23, Page 3 EXHIBIT "B"SUP SUITE PLANOrdinance No. 4015-8-23, Page 4