O-2908-4-10ORDINANCE NO. 2908-4-10
' 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. 110 TO ALLOW A PORTION OF A I.Of ACRE TRACT OF LAND
PRESENTLY ZONED SC — "SHOPPING CENTER," GENERALLY LOCATED AT 602
E. MAIN STREET, SUITE #E, ALLEN, TEXAS, TO BE USED AS A DANCE STUDIO;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF
A SITE PLAN; PROVIDING FOR A CONFLICT 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 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 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 grunting Specific Use Permit No. 110 for part of a I.Of acre tract of
land presently wood SC — "Shopping Center" generally located at 602 E. Main Street, Suite #E C the Property")
to be used as a dance studio and being further described in Exhibit "A," attached hereto and made a part hereof
for all purposes.
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:
1. 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 a dance studio, or an extension has been granted as provided in Allen Land
Development Code Section 6.01.
2. The Property shall be developed and used only in accordance with the Site Plan, attached hereto
as Exhibit "B" which is made a part hereof for all purposes, and which is hereby approved.
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 27"m DAY OFAPRD., 2010.
APPROVED:
04=3c (—W
Stephen Arrell, MAYOR
' APPROVED AS TO FORM: ATTEST: ^
Peter G. Smith, CITYOLTTORNEY Shelley BG*RMC, CITY S Y
Ordinance No. 2908-04-10, Page 2
EXFDBTT "A"
' LEGAL DESCRIPTION
Eagle Plaza Shopping Center
Allen, TX
I Q X9yal a 0:6110-11 I IGN I
BEING A TRACT OF LAND IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977 AND BEING
PART OF 18.5065 ACRE TRACT OF LAND AS RECORDED IN VOLUMN 1016 PAGE 843 OF THE
COLLIN COUNTY DEED RECORDS AND BEING MORE PARTICULAR DESCRIBED AS
FOLLOWS.
BEGINNING AT THE SOUTHERNLY SOUTHWEST CORNER OF FM 2170 AND JUPITER ROAD,
SAID CORNER BEARS SOUTH 86 DEGREES 50 MINUTES 30 SECONDS EAST, 30 FEET AND
NORTH 46 DEGREES 29 MINUTES EAST, 14.43 FEET FROM THE NORTHWEST CORNER OF AN
18.5065 ACRE TRACT OF LAND AS RECORDED IN VOLUMN 1016 PAGE 843 D.R.C.C.I.
THENCE NORTH 46 DEGREES 29 MINUTES EAST 43.58 FEET TO A 3/8" IRON ROD FOR
CORNER.
THENCE SOUTH 89 DEGREES 25 MINUTES EAST 365.54 FEET TO A 3/8" IRON ROD FOR
CORNER.
' THENCE SOUTH 0 DEGREES 35 MINUTES WEST 197.11 FEET TO A 3/8" IRON ROD FOR
CORNER.
1
THENCE NORTH 89 DEGREES 25 MINUTES WEST 54.2 FEET TO A 3/8" IRON ROD FOR CORNER
THENCE SOUTH 0 DEGREES 35 MINUTES 86.81 FEET TO A 3/8" IRON ROD FOR CORNER-
THENCE
ORNER
THENCE NORTH 89 DEGREES 25 MINUTES WEST 353.72 FEET TO A 3/8" IRON ROD FOR
CORNER.
THENCE NORTH 3 DEGREES 0 MINUTES 16 SECONDS EAST 253.84 FEET TO A 3/8" IRON ROD
FOR CORNER AND TO THE PLACE OF BEGINNING AND CONTAINING 2.5 ACRES OF LAND.
(LOT 1)
Ordinance No. 2908-04-10, Page 3
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EXHIDTT "B"
SUE PLAN
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Ordinance No. 2908-04-10, Page 4