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Home My WebLink AboutO-1786-12-99ORDINANCENO. t 7Re_t 2 -ac AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR RESTAURANT WITH PRIVATE CLUB ON PROPERTY ZONED PLANNED DEVELOPMENT NO. 54, AND BEING LOT 9, BLOCK D OF BRAY CENTRAL ADDITION, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR APPROVING OF THE SITE PLAN, BUILDING ELEVATIONS AND FLOOR PLAN ATTACHED HERETO AS EXHIBITS "B", "C" AND "D" RESPECTIVELY; PROVIDING A SEVERABH.TTY 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 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, Texas, be amended by amending Planned Development No. 54, Tract 4, by granting Specific Use Permit No. 69 for a Restaurant with Private Club subject to special conditions on property zoned Planned Development No. 54 being Lot 9, Block D of Bray Central Addition, City of Allen, Collin County, Texas and being further described in Exhibit "A" attached hereto and made a pan hereof for all purposes. SECTION 2. That the Specific Use Permit for restaurant with private club is hereby approved subject to the special condition that the property shall be developed and used only in accordance with the Site Plan, Building Elevations and Floor Plan attached hereto as Exhibits "B", "C" and "D" respectively, and made part thereof for all purposes, and which are hereby approved. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Zoning Ordinance, as amended hereby, which shall remain in full force and effect. 1 SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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 Comprehensive Zoning Ordinance No. 1425-5-96 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) for each offense. SECTION 8. That 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, COLLIN COUNTY, TEXAS, ON THIS THE 2ND DAY OF DECEMBER, 1999. F.U4T1 41I of li! /L7', •1 Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CTff ATTORNEY Mo rr n, CMC/AAE, CITY SECRETARY Ordinance No. 1786-12-99 Paget EXHIBIT "A" BEING all that certain lot, tract or parcel of land situated in the City of Allen, Collin County, Texas out of the A. B. Perrin Survey, Abstract No. 713 and the W. M. Perrin Survey, Abstract No. 708 and being Lot 9 in Block D of BLOCKS D, E 6 F OF BRAY CENTRAL ONE ADDITION, being are plat of Blocks D, E and F of Bray Central One Addition as shown on the Revised Map thereof recorded in Cabinet G'page 120, Map Records, Collin County, Texas, and now recorded in Cabinetk at Page = of the Map Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 --iron rod.stamped Espey/Huston found for corner in the North right of way line of McDermott Drive as established by right of way deed to the City of Allen recorded in County Clerk's File Number 96-0097437 of the Deed Records of Collin County, Texas said point being the intersection of said North line of McDermott Drive with the West right of way line of U. S. Highway No. 75;same being the Southeast corner of Lot 8 in Block D of the replat of Blocks D, E S F of Bray Central One Addition; THENCE North 57' 22' 42" East along the Westerly right of way line of U. S. Highway No. 75 and the Easterly line of Block D for a distance of 62.22 feet to a point for corner; ' THENCE North 31° 24' 46" East and continuing along the Westerly right of way line of U. S. Highway No. 75 and the Easterly line of Block D for a distance of 159.60 feet to the PLACE OF BEGINNING for this tract; THENCE North 58° 35' 14" West for a distance of 92.38 feet to a 5/8" iron rod set for corner, said point being th beginning of a curve to the right having a central angla c:, 5.8® 07' 34" and a radius of 100.00 feet whose chord bears lio,.th 49. 31' 27" West at 31.50 feet; THENCE Northwesterly along said curve to the right an arc distance of 31.64 feet to a 5/8" iron rod set for corner; THENCE North 40° 27' 40" West for a distance of 193.36 feet to a 5/8 iron rod set for corner; THENCE North 49° 32' 20" East for a distance of 48.00 feet to a 5/8" iron rod set for corner; THENCE South 40. 27' 40" East for a distance of 45.00 feet to a 5/8" iron rod set for corner; THENCE North 49. 32' 20" East for a distance of 112.00 feet to a 5/8" iron rod set for corner; THENCE South 40° 27' 40" East for a distance of 175.10 feet to a Continued on next page Ordinance No. 1786-12-99 i5/8" iron rod set for corner; THENCE South 58° 36' 14" East for a distance of 48.31 feet to a 1/2" iron rod set for corner, said point being in the aforesaid .Westerly line of the aforesaid U. S. Highway No. 75 and the aforesaid Easterly line of Block D; THENCE South 310 24' 46" West along the Westerly line of U.S. line of of 148.70ofeet todtheepLACE OFyBEGINNINGBandk1 sance CONTAINING 0.t9400 acres of land, more or less. Ordinance No. 1786-12-99 EXHIBIT A sE . zap -- - ME T iimd !oiuii i,_ — I -1111111111111111'_ , �I!!n IIIII Lnlilllllll;,mll im _„ „ Pmgllnllllllgl! I:;i? '— ' 1 � 1 JIIIIIIIIII!,hlI 1 Illllilr"'�.11111 s o �; t- o 0 I c I� �� II� I II � I • M a u C ro c v M O