O-3047-11-11ORDINANCE NO. 3047-11-11
' 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. 120 TO ALLOW A 2,380 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON LOT 3, BLOCK A, MCDERMOTT TOWNE CROSSING,
CITY OF ALLEN, TEXAS (ALSO KNOWN AS 1314 W. MCDERMOTT DRIVE,
SUITE #130, ALLEN, TEXAS), PRESENTLY ZONED PLANNED DEVELOPMENT PD
NO. 52 FOR SHOPPING CENTER "SC" USES TO BE USED FOR A MARTIAL ARTS
STUDIO; PROVIDING FOR SPECIAL CONDITIONS; ADOPTING A SITE PLAN;
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 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. 120 for the 2,380 square foot
portion of the building depicted on Exhibit "A", attached hereto and incorporated herein by reference, located on
Lot 3, Block A, McDermott Towne Crossing, City of Allen, Collin County, Texas, according to the plat thereof
recorded at Cabinet K, Page 207, Plat Records, Collin County, Texas (also known as 1314 W. McDermott Drive,
Suite #130, Allen, Texas) (the "Property"), which is presently zoned Planned Development PD No. 52 for
Shopping Center "SC" to be used for a martial arts studio in accordance with the Site Plan attached as Exhibit
"A" by Siam Star Macy Thai and Mixed Martial Arts.
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 shall be developed and used only in
accordance with said Site Plan.
B. Only Siam Star Many Thai and Mixed Martial Arts is authorized by this Ordinance to use the
' Property for a martial arts and mixed martial arts studio pursuant to this Ordinance.
C. This Specific Use Permit is limited to authorizing the use and development of the Property as
a martial arts and mixed martial arts studio and not for any other use that may otherwise be
within the definition of "Gymnastics/Dance Studio" 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 [his 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 conunitted and the former law is continued in effect for this purpose.
SECTION 6. Any person, fimi 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
t COUNTY, TEXAS, ON THIS THE 22ND DAY OF NOVEMBER, 2011.
APPROVED:
Stephen erre0, MAYOR
APPROVED AS TO FORM: ATTEST:
P�. Smith, VM ATTORNEY Shelley B. George, 4C, CITY SECRET
Ordinance No. 3047-11-11, Page 2
I
1
EXHIBIT "A"
PROPERTY LOCATION AND SITE PLAN
Ordinance No. 3047-11-11, Page 3