O-3093-7-12ORDINANCE NO. 3093-7-12
' 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. 126 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 5, ALLEN
TOWN CENTER, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 300 N.
GREENVILLE AVENUE, ALLEN, TEXAS), PRESENTLY ZONED SHOPPING
CENTER "SC," TO BE DEVELOPED AND USED FOR A FITNESSMEALTH
CENTER; ADOPTING A SITE PLAN AND BUILDING ELEVATIONS; PROVIDING
FOR 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 he
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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by granting Specific Use Permit No.
126 authorizing the property described as Lot 5, Allen Town Center, an addition to the City of Allen, Collin
County, Texas (also known as 300 N. Greenville Avenue, Allen, Texas) (the "Property"), which is presently
zoned Shopping Center `5C" to be developed and used for a Fimess/Health Center.
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, if developed and used as a
Fitness/Health Center in accordance with this Specific Use Permit No. 126, 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 Site Plan attached hereto as Exhibit "A" and incorporated herein by reference.
B. The use and development of the Property as a Fitness/Health Center shall be only in accordance
with the Site Plan attached as Exhibit "A," and the Building Elevations set forth in Exhibit "B,"
attached hereto and incorporation herein by reference.
C. Only Polar Bear LLC is authorized by this Ordinance to use the Property for a FitnessfHealth
Center.
' D. 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 of
"Fitness/Health Center" as that use is defined in the Allen Land Development Code, as amended.
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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.
SECTION7. 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 THE 24m DAY OF JULY, 2012.
APPROVED AS TO FORM:
-Peter ;0 oroey
APPROVED:
S p Terrell, Mayor
ATTEST:
Shelley MCMC, C1��
Ordinance No. 3093-7-12 Page 2
EX [Irr "A"
SITE PLAN
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EXIBIT "B"
BUILDING ELEVATIONS
Ordinance No. 3093-7-12, Page 4