O-3048-11-11ORDINANCE NO. 3048-11-11
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. 121 TO ALLOW A 3,923 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON LOT 1, BLOCK 1, BETHANY PARK PLACE, CITY OF
ALLEN, TEXAS (ALSO KNOWN AS 1208 E. BETHANY DRIVE, SUITE #10, ALLEN,
TEXAS), PRESENTLY ZONED FLOOD PLAIN — SHOPPING CENTER "FP -SC" 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 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. 121 for the 3,923 square foot
portion of the building depicted on Exhibit "A", attached hereto and incorporated herein by reference, located on
Lot 1, Block 1, Bethany Park Place, City of Allen, Collin County, Texas, according to the plat thereof recorded at
Cabinet K, Page 299, Plat Records, Collin County, Texas (also known as 1208 E. Bethany Drive, Suite #10,
Allen, Texas) (the "Property"), which is presently zoned Flood Plain Shopping Center "FP -SC" to be used for a
martial arts studio in accordance with the Site Plan attached as Exhibit "A", by Taekwondo USA Family
Center/Karate for Kids.
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
he developed and used only in accordance with said Site Plan.
B. Only Taekwondo USA Family/Karate for Kids is authorized by this Ordinance to use the
' Property for a 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 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 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 & Any person, firm or corporation violating any of the provisions or terns 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 THE 22"o DAY OF NOVEMBER, 2011.
' APPROVED:
Stephen Terrell, MAYOR
1
APPROVED AS TO FORM: ATTEST:
Peter G. Smith( CITY ATTORNEY Shelley B. George, KC, CITY Sl�CRETcARY
Ordinance No. 3048-11-11 Page 2
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Ordinance No. 3045-11-11, Page 3