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O-1420-4-96ORDINANCE NO. 1420-4-96 AN ORDINANCE OF THE CITY OF ALLEN, COI1J N COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 82941-87, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT FOR A RESTAURANT/PRIVATE CLUB ON THE FOLLOWING -DESCRIBED TRACT OF LAND: SUITE 200 OF THE ALLEN HEIGHTS SHOPPING CENTER ADDITION, CURRENTLY ZONED PD -NO. 1, CITY OF ALIEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 6W SITE PLAN; PROVIDING FOR EXFMIT "0 FLOOR PLAN, 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 EFFEMIVE DATE OF SAID ORDINANCE. WHEREAS, 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 Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by approving a specific use permit with site and floor plan for a restaurant/private club for Suite 200 of the Allen Heights Shopping Center Addition of the City of Allen, Collin County, Texas, currently zoned PD -No. 1. SECTION 2: The property described as a portion of the Allen Heights Shopping Center Addition of the City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan, attached hereto as Exhibit "D" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 4: The approved floor plan, attached hereto as Exhibit "E" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 5: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 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 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 7. 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 8: 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 18TH DAY OF APRIL ,1996. WWIO 0� 0�� 54�� roe Farmer, MAYOR APPROVED AS TO FORM: ATTEST: La )CDon Crdiw=z 7CTIF-A-171 14 Mo n, SECRETARY f 41 C, Ordinance No. 1420-4-96 Page 2 p AV i ; ,� A\ �9 > 7)- u'j Oop r r— UJAI—K—IN COOLER w. lo 77-9 --------------------- - -- - --------------- --- ----- ------- I Date 15 FEBRUARY 1996 - Revisions M. 14 1"IcTIE"24 um Ordillance Nov 1420-4-96 b1hibit it E PARKING REQUIRED WR SUITE 200 (1:100) 4 7 SPACES TOTAL ^ OF SHOPPING CENTER 189 ~ TEXAS EXS ' BEVERAGE COMMISSION AN CITY O~ ALLEN RLG-I J MEASUREMENT ^_i� 5471-4 (DISTANCE FROM FRONT DOOR OF ESTABLISHMENT TO SINGLE FAMILY RESIDENTIAL DISTRICT MINIMUM 300 FEET) . I ° ° ! i | ' . ! | - r---------,-�-�- ` °° | -~� | � | ` ' / / � ' �U,' ,� ------� PLAY ���& / � | ' .. .... ................. ....... ........ .. ......... . * ..................................... .................... ........ ...... .......... 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This request is on property described and which was issued on as the Allen Heights Shopping Center Addition, Suite 200, City of Allen, Collin County, Texas; further described as being March 1 3 , 1969 located at 1201 East Main Street, Allen, Texas. Anyone wishing to speak either FOR or by City of Allen of COLLIN COUNTY, TEXAS AGAINST this request is invited to attend this public hearing and voice his or her opinion. A printed copy of said pub li n is attached hereto. For further information, contact the Department of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. /s/Judy Morrison City Secretary SUBSCRIBED AN WORN to before me this day A.D. 19 NOTARY PUBLIC in and for COLLIN COUNTY. TEXAS Publisher's fee 5 19 . 2 5 V. A. TODD MY COMMISSION EXPIRES December 5,1996 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 loss 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 #1420-4-96 of which the attached Is a true and written copy, and which was published In THE ALLEN AMERICAN on ADTil 24 & ADril 27. 1996 and which was issued on ADril 24. 199 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publics ion Is attached hereto. SUBSC�iJBED A SWORN to before me this n� _L1L' day r� Y A.D. i n NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS Publisher's fee $_5 5. 0 0 -:` MY COMMISSION EXPIRES ' December 5, 1996 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, April 18, 1996 (Title and Penalty Clause only): Ordinance No. 1420-4-96: An Or mance o t e�ity o en, ­Collin County, Texas, Amending Comprehen- sive 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: Suite 200 of the Allen Heights Shopping Center Addition, Currently Zoned PD -No. 1, City of Allen, Collin County, Texas; Providing for Exhibit "D" Site Plan; Providing for Exhibit "E" Floor Plan; Providing for a Penalty of 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 violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Compre- hensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amend- ed, 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 Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, April 18, 1996 (Title and Penalty Clause only): Ordinance No. 1420-4-96: An Or mance o t e pity o en, ollin County, Texas, Amending Comprehen- sive Zoning.Ordinance No. 829-11-87 as Previously Amended, by Approving a J Specific Use Permit for a Restaurant/ Private Club on the Following -Described `Tract of Land: Suite 200 of the Allen Heights Shopping Center Addition, Currently Zoned PD -No. 1, City of Allen, Collin County, Texas; Providing for Exhibit "D" Site Plan; Providing for Exhibit "E" Floor Plan; Providing for a Penalty of 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 violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Compre- hensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amend- ed, 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 Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary