O-2981-1-11ORDINANCE NO. 2981-1-11
' 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. 116 TO ALLOW A 27, 600 SQUARE FOOT PORTION OF THE
BUILDING LOCATED ON A 5.409 ± ACRE TRACT OF LAND DESCRIBED AS LOT
2R BLOCK 3 OF THE REPLAT OF LOT 1. BLOCK 3, MILLENNIUM BUSINESS
PARK, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 505 CENTURY PARKWAY,
SUITE #150, ALLEN, TEXAS), PRESENTLY ZONED LI — "LIGHT INDUSTRIAL",
(TO BE USED FOR AMUSEMENT, COMMERCIAL (INDOOR) USE BY ALLEN
BASEBALL HOLDINGS, LLC; PROVIDING FOR SPECIAL CONDITIONS;
ADOPTING A SITE PLAN; ADOPTING A FLOOR 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. 116 for the 27,600 square foot
portion of the building depicted on Exhibit "A", attached hereto and incorporated herein by reference, located on
a 5.409± acre tract of land described as Lot 2R, Block 3, of the Replat of Lot 1, Block 3, Millennium Business
Park, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded at Cabinet I,
Page 231, Plat Records, Collin County, Texas"(also known as 505 Century Parkway, Suite #150, Allen, Texas)
(the "Property'7, which is presently zoned LI — "Light Industrial", to be used for amusement, commercial
(indoor) use by Allen Baseball Holdings, ILC.
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 and this Ordinance shall terminate six (6) months after the adoption of
this Ordinance unless a certificate of occupancy has been issued by that date for use of the
Property as an amusement, commercial (indoor) use, or an extension has been granted as provided
' in Allen Land Development Code Section 6.01.
B. 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 the Floor Plan attached hereto as Exhibit "B" and
incorporated herein by reference and shall be developed and used only in accordance with said
Site Plan and Floor Plan.
' C. Outdoor activities associated with the amusement, commercial (indoor) use authorized by this
Ordinance are prohibited; however, nothing in this Ordinance shall be construed as prohibiting
users or occupants of the Property from using parking areas located on the exterior of the
Property for the parking of motor vehicles while on Property.
D. Only Allen Baseball Holdings, LLC, a Texas limited liability company, is authorized by this
Ordinance to use the Property for amusement, commercial (indoor) uses pursuant to this
Ordinance.
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.
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 11ra DAY OF JANUARY, 2011.
APPROVED:
.ZP�W�W
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
I / �
' CI
G. Smit TY ATTORNEY Shelley B. Gseorge, C, CITY SECRETARY
Ordinance No. 2981.1.11, Page 2
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