O-1342-7-95ORDINANCE NO. 1342-7-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING ORDINANCE NO. 368-10-81 AND COMPREHENSIVE ZONING
ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING
A SPECIFIC USE PERMIT FOR A RESTAURANT/PRIVATE CLUB ON THE
FOLLOWING -DESCRIBED TRACT OF LAND: A PORTION OF THE EAGLE
PLAZA SHOPPING CENTER LOCATED IN THE DAVID WETSEL SURVEY,
ABSTRACT NO. 977, 600 E. MAIN STREET, SUITE A, CITY OF ALLEN,
COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" SITE PLAN;
PROVIDING FOR EXHIBIT "B" FLOOR PLAN; PROVIDING FOR A
VARIANCE; PROVIDING FOR STIPULATIONS; PROVIDING FOR A
TERMINATION OF THE USE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFEL711VE DATE OF SAID ORDINANCE.
the Planning and Zoning Commission of the City of Allen, and the governing body of the
City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen,
have given the requisite notices by publication and otherwise, and after holding due hearings and
affording 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 Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87,
as previously amended, should be changed;
NOW, I UEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87 of the
City of Allen, Texas, as previously amended, be and the same are hereby amended by approving a
specific use permit for a restaurant/private club, providing a variance to allow the outside sale of
alcoholic beverages, and providing stipulations for screening on the following tract of land: A portion
of the Eagle Plaza Shopping Center located in the David Wetsel Survey, Abstract No. 977, otherwise
known as 600 E. Main Street, Suite A, City of Allen, Collin County, Texas.
SECTION 2: The approved site plan, attached hereto as Exhibit "A" and made a part hereof for all
purposes, shall be adhered to in its entirety.
SECTION 3: The approved floor plan, attached hereto as Exhibit "B" and made a part hereof for all
purposes, shall be adhered to in its entirety.
SECTION 4: The following variance to the Comprehensive Zoning Ordinance, Section 2.06,13,2a,
which prohibits the outside sale of alcoholic beverages be enacted:
1. The outside sale of alcoholic beverages be allowed within the designated area
noted on Exhibit "C" attached hereto and made a part hereof for all purposes.
SECTION 5: This Specific Use Permit shall terminate and the shopping center uses automatically
reinstated upon vacation of the premises and abandonment of the use.
SECTION 6: The primary purpose of the patio area shall be for food consumption. Tables shall be
present on the patio at all times during business hours.
SECTION 7: All ordinances of the City of Allen in conflict with the provisions of this ordinance shall
be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances
not in conflict herewith shall remain in full force and effect.
SECTION 8: 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 Comprehensive Zoning Ordinance No.
829-11-87 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 ($2,000.00) for each offense.
SECTION 9: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 10: 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, TEXAS,
ON THE 6TH DAY OF JULY, 1995.
E
APPROVED:
GQ� /
oe Farmer, MAYOR
APPROVED AS TO FORM: ATTEST:
iC 9- &ATTORNEY CITY SECRETARY
J CM4
Ordinance No. 1342-7-95 Page 2
ORDINANCE N.O. 1342-7-95
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ORDINANCE NO. 1342-7-95
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLON
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
600'E Main
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Saturdav, June 10. 1995
and which was issued on
June 10, 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publi ion is attached hereto.
2�1 it-Lrc
SUBSCRIBED WORN to before me this
day A.D. 19 9-
U
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 13 . 5 0
V� AL TODD
�1996
= idIIP SSION l
NOTICE OF'PUBLIC HEARING
Notice is hereby given that the Allen City
Council will conduct a public hearing at
their regular meeting to be held on Thurs-
day, July 6, 1995, at 7:30 p.m. in the Coun-
cil Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, to consider
a request for a Specific Use Permit to allow
a restaurant/private club to sell alcoholic
beverages at 600 E. Main, Suite A, Allen,
Texas.
This request is on property located at the
Eagle Plaza Shopping Center Addition to
the City of Allen, Collin County, Texas.
Anyone wishing to speak either FOR or
AGAINST this request is invited to attend
this public hearing and voice his or her
opinion.
For further information, contact the Depart-
ment of Communtiy Development, City of
Allen, One Butler Circle, Allen, Texas, or by
telephoning 727-0120.
Judy Morrison
City Secretary �
r
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance X61342-7-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Juljr 12 & July 15, 1995
and which was issued on
July 12,1995
by City of !"Allen of COLLIN COUNTY, TEXAS
A printed copy of saidubli ion is attached hereto.
Z
SUBSCRIBED AND ORN to before me this
day
� A.D. 19
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 4 5 . 0 0
•'F ry V. A. TODD
MY COfAMI�'SION EXPIRES
Dei:, mber5, 1E98
CITY 011ALLEN
PUBLIC NOTICE
Votice Is hereby given that the Allen City
'ouncil adopted the following ordinance at
,heir regular meeting held on Thursday.
July 6, 1995 (Title and Penalty Clause
only):
Ordinance No. 1342-7-95; An Ordinance
of the City of Allen, Collin County, Texas,
Amending Ordlnance No. 368.10-81 and
Comprehensive Zoning Ordinance No.
829-11-87, as Previously Amended, by
Approving a Specific Use Permit for, a
Restaurant/Private Club on the Following -
Described Tract of Land: a Portion of the
Eagle Plaza Shopping Center LocateclAn
the David WetselSurvey, Abstract No.
977, 600 E. Main, Suite A, City of Allen,
Collin County, Texas; Providing for Exhibit
"A" Site Plan, Providing for Exhibit "B"
Floor Plan, Providing for a Variance; Pro-
vlding for Stipulations; and Providing for a
Penalty for Fine not to Exceed the Sum of
Two Thousand Dollars ($2,000) for Each
Offense; Providing for a Severability
Clause; and Providing for the Effective
Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the terms of this ordinance shall
be subject to the same penalty as provided
for In Comprehensive Zoning Ordinance
No. 829.11-87 of the City of Allen, as
heretofore amended, and upon conviction
shall be punished by a fine not to exceed
the sum of Two Thousand Dollars ($2,000)
for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary , City of Allen, One Butler Circle, All ;
Texas 75002-2773.
/s/
City Secretary
CITY OF ALLEN
PUBLIC NOTICE
rNotice is hereby given that the Allen City
cil adopted the following ordinance at
regular meeting held on Thursday,
6, 1995 (Title and Penalty Clause
only):
Ordinance No. 1342-7-95: An Ordinance
of the City of Allen, Collin County, Texas,
Amending Ordinance No. 368-10-81 and
Comprehensive Zoning Ordinance No.
829-11-87, as Previously Amended, by
Approving a Specific Use Permit for a
Restaurant/Private Club on the Following -
Described Tract of Land: a Portion of the
Eagle Plaza Shopping Center Located in
the David Wetsel Survey, Abstract No.
977, 600 E. Main, Suite A, City of Allen,
Collin County, Texas; Providing for Exhibit
"A" Site Plan, Providing for Exhibit "B"
Floor Plan, Providing for a Variance; Pro-
viding for Stipulations; and Providing for a
Penalty for Fine not to Exceed the Sum of
Two Thousand Dollars ($2,000) for Each
Offense; Providing for a Severability
Clause; and Providing for the Effective
Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the terms of this ordinance shall
be subject to the same penalty as provided
for in Comprehensive Zoning Ordinance
No. 829-11-87 of the City of Allen, as
heretofore amended, and upon conviction
shall be punished by a fine not to exceed
the sum of Two Thousand Dollars ($2,000)
for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary , City of Allen, One Butler Circle, Allen
Texas 75002-2773.
/s/
City Secretary