O-3083-5-12ORDINANCE NO. 3083-5-12
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AI.I.EN, COLLIN
COUNTY, TEXAS AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE
PERMIT NO. 124 TO ALLOW A 1,260 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON LOT 1, BLOCK A OF BETHANY PLAZA ADDITION,
CITY OF ALLEN, TEXAS (ALSO KNOWN AS 717 S. GREENVILLE, SUITE #122,
ALLEN, TEXAS,) PRESENTLY ZONED PLANNED DEVELOPMENT NO. 4
SHOPPING CENTER "SC," TO BE USED FOR A FITNESS AND HEALTH CENTER;
ADOPTING A SITE PLAN; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING
FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABHITY
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 of the City of Allen, Texas, 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 fav 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 the Zoning Map of the City of
Allen, Collin County, Texas, be amended by granting Specific Use Permit No. 124 for a 1,260 square foot portion
of the building depicted on Exhibit "A," attached hereto and incorporated herein by reference, located on Lot 1,
Block A of Bethany Plaza Addition, City of Allen, Collin County, Texas (also known as 717 S. Greenville
Avenue, Suite #122, Allen, Texas) (the "Property"), which is presently zoned Planned Development No. 4
Shopping Center "SC," to be used for a fitness and health center in accordance with the Site Plan attached as
Exhibit "A."
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, 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 and shall
be developed and used only in accordance with said Site Plan.
B. Only Somovimento, LLC, d/b/a Medi Moves is authorized by this Ordinance to use the
Property for a fitness and health center.
C. This Specific Use Permit is limited to authorizing the use and development of the Property as
a fitness and health center and not for any other use that may otherwise be within the
' definition of "Fitness and Health Center" as that use is defined in the Allen Land
Development Code, as amended.
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 & 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, fm 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 TRE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8ru DAY OF MAY, 2012.
1877 111611131 13M 0110]30.A
Peter G. Smith, CITY ATTORNEY
(kb14/30/12:55200)
APPROVED:
Stephen teraell, MAYOR
ATTEST:
Shelley B. George, C, CITY SECRETARY
Ordinance No. 3083-512, Page 2
I 1
EXHIBIT "A"
PROPERTY LOCATION AND SITE PLAN
BETHANY PLAZA SHOPPING CENTER �Ep
717 S. Greenville Si,
Allen. Texas, 75002
t�
I I Datsed Praolses . Suite 100
104
105 1 106
BETHANY DRIVE
Ordinance No. 3083.5.12, Page 3
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