HomeMy WebLinkAboutO-2149-3-03ORDINANCE NO. 2149-3-03
' 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. 94 FOR A RESTAURANT WITH
PRIVATE CLUB FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 54,
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 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, 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 and Zoning Map of the City of Allen, Texas, be amended
by amending Planned Development No. 54, by granting Specific Use Permit No. 94 for a Restaurant with
Private Club subject to special conditions for property 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 Site Plan and
Floor Plan attached hereto as Exhibits "C" and "B" 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 an 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.
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SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional,
the same shall not affect the validity of the remaining portions of smd ordinance or the Allen Land Development
Code, 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, as amended, in effect when the offense was committed and
the former law is continued in effect for tins 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 form 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 in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordamed.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25m DAY OF MARCH, 2003.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smi CITY ATTORNEY She ey B. George, C, CITY S TARY
Ordinance No. 2149-3-03, Page 2
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EXHIBIT "A"
LEGAL DESCRIPTION
Being a 1.2623 acre tract of land described as Lot 2, Block A of Lowes — Allen Addition Lots 1 and 2, Block
A, an Addition to the City of Allen, COLLIN County, Texas, according to the Final Plat thereof recorded in
Volume M, Page 36, Map Records, COLLIN County, Texas, and located at the northeast comer of Benton
Drive and W. McDermott Drive.
Ordinance No. 2149-3-03, Page 3
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Exhibit "B" — Floor Plan
Ordinance No. 2149-3-03, Page 4
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EXHIBIT "C" - Site Plan
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Ordinance No. 2149-3-03, Page 5
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Ordinance No. 2149-3-03, Page 5