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Home My WebLink AboutO-1946-5-01ORDINANCE NO. 1946.5-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING DISTRICT MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 85 FOR A RESTAURANT WITH PRIVATE CLUB ON PROPERTY ZONED PLANNED DEVELOPMENT NO. 68, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR APPROVING OF THE SITE PLAN, BUILDING ELEVATIONS, FLOOR PLAN, AND LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS `B," "C," "D," AND "E" 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 applicant for Special Use Permit No. 85 has agreed to accgpt and to be bound and comply with the requirements of the Specific Use Permit, as set forth herein; and, 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 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 the Allen Land Development Code Zoning Regulations and Zoning District 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 District Map, of the City of Allen, Texas, be amended, by granting Specific Use Permit No. 85 for a Restaurant with Private Club subject to special conditions on Parcel Four of property zoned Planned Development No. 68, and being further 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, Building Elevations, Floor Plan, and Landscape Plan attached hereto as Exhibits "B," "C," "D," and "E" respectively, and made part thereof for all purposes, and which are hereby approved. B. That application for a Building Permit or Certificate of Occupancy shall be made within six (6) months from the effective date of this ordinance, unless an extension is obtained as provided for by the Allen Land Development Code. C. The issuance and maintenance of applicable licenses and permit governing the sale of alcoholic beverages on the premises by the State of Texas. 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, 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 Comprehensive Zonmg Ordinance, 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 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 S. This ordinance shall take effect unmediately 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 TIES THE 17 To DAY OF MAY, 2001. APPROVED: P L4Qaz Stephen'Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G�ATTORNEY Judy Mor n, CMC/AAE, CITY SECRETARY Ordinance No. 1946-5-01, Page 2 LEGAL DESCRIPTION ' WHEREAS, SECOND CENTURY INVESTMENTS is the Owner of a tract of land situated in the City of Allan, Collin County, Texas and being a part of the William Perrin Survey, Abstract No. 708, and being part of a tract of land described as 16.6861 acres conveyed by Maidstone Painters, Ltd. to Bethany 75 Partners, a Texas General Partnership, by deed dated July 7, 1998, as recorded in County Clerk's File No. 98-0072402, Land Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a V. inch iron rod found in the east right of way lire of U.S. Highway No. 75 (a variable width right of way), said point being the northwest comer of the above said 16.6861 acre tract; THENCE South 14 deg. 03 min. 06 sec. West, along said east right of way line, a distance of 545.34 feet to a V. inch iron rod found for the POINT OF BEGINNING; THENCE South 75 deg. 58 min. 16 sec. East, departing said east right of way line, a distance of 311.79 feet to a point for comer; THENCE South 14 deg. 01 min. 44 sec. West a distance of 12.00 feet to a point for comer; THENCE South 33 deg. 51 min. 33 sec. East a distance of 30.33 feet to a point for comer; THENCE South 14 deg. 01 min. 44 sec. West a distance of 159.49 feet to a point for comer, said point being on the north line of Lot 4A, Block 1, AIIan Tech Canter Addition as recorded in Cabinet "L", Page 921, Map Records, Collin County, Texas; THENCE North 75 deg. 55 mm. 48 sec. West, along the north line of said Lot 4A, a distance of 155.92 feet to a Ya inch iron rod found for comer; THENCE North 81 deg. 33 min. 26 sec. West, continuing along said north line, a distance of 173.01 feet to a V: inch von rod found for comer, said point being in the east right of way line of U.S. Highway No. 75; THENCE North 08 deg. 23 min. 28 sec. East, along the east line of said U.S. Highway No. 75, a distance of 63.53 feet to a % inch iron rod finned for comer; THENCE North 14 deg. 03 mm. 06 sec. East, continuing along said east right of way line, a distance of 145.34 feet to the POINT OF BEGINNING and containing 64,964 square feet or 1.491 acres of land. ' EXHIBIT "A" Ordinance No. 1946-5-01, Page 3 + SVX31 'N3lltl 'Ad%3 t yk I I Is o H1f105 ltltl1N30 l lL1+'�;� II ' , 3 + _ I 831N30 H031 N311V 5 N +¢ G ..1udte� D Nounnuisuoo NOINId� 1NVUnVIS3M SMOH OMI �Ih/+� Nf O + t yk I I iI I' I I I , PFf ��11,1NN11 Y rl��! 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