HomeMy WebLinkAboutO-2248-12-03ORDINANCE NO. 2248-12-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING SPECIFIC USE PERMIT NO. 95 FOR A RESTAURANT WITH
PRIVATE CLUB FOR PROPERTY ZONED CENTRAL BUSINESS DISTRICT —
OFFICE/RETAIL, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR SPECIAL. CONDITIONS; PROVIDING FOR APPROVING OF
THE FLOOR PLAN AND SITE PLAN ATTACHED HERETO AS EXHIBITS "B" AND
"C" RESPECTIVELY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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 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 the Allen Land
Development Code and Zoning Map of the City of Allen, 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 Zoning Map of the City of Allen,
Texas, be amended by granting Specific Use Permit No. 95 for a restaurant with private club subject to special
conditions for property zoned Central Business District — Office/Retail District described in Exhibit "A"
attached hereto and made a part hereof for all purposes.
SECTION 2. The Specific Use Permit for restaurant with private club is hereby approved subject to the
following special conditions:
A. That the property shall be developed and used only in accordance with the Floor Plan and
Site Plan attached hereto as Exhibits "B" and "C" respectively, and made part thereof for all
purposes, and which are hereby approved.
B. This Specific Use Permit automatically terminates in the event the owner, occupant or
operator of the restaurant and private club fails to obtain and maintain all applicable licenses
and permits from the State of Texas governing the sale of alcoholic beverages on the
property.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code, as heretofore amended, and as amended herein.
' SECTION 4. 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 5. 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 6. 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 7. 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 the Allen Land Development Code, 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 8. This ordinance shall take effect immediately from and after its passage and publication of the
caption 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 9r" DAY OF DECEMBER, 2003.
APPROVED:
' Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CI ATTORNEY Shelley B. Georg C, CITY SEC TARY
Ordinance No. 2248-12-03 Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
Being Lots 5, 6, 7, 8, 9, and 10, Block 9, City of Allen, Texas, according to the Plat thereof recorded in
Volume 6, Page 152, Map Records, COLLIN County, Texas, located at 103 W. Bonham Drive.
Ordinance No. 2248-12-03, Page 3
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Exhibit "B" — Floor Plan
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Ordinance No. 2248-12-03, Page 4
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EXHIBIT "C" - Site Plan
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Ordinance No. 2248-12-03, Page 5