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HomeMy WebLinkAboutO-801-8-87c: 00 I co C) 00 f DAM 3�u! MATHES no 5> TEXAS 98L SELF AAW I SERMCE STAMN TABU,ATIONS < COTTONWOOD CREEK VILLAGE SHOPPING CENTER ALLEN, TEXAS FOLSOM INVESTMENTS NSC. LEASING'& MA AGEMENT ** 214/931-7400 SITE PLAN U475 DALLAS PARKWAY, UNTE 900. DALLAS. TEXAS h4CHAFL F. TWO ELL NC./ARCKTE= ORDINANCE NO. 801-8-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 OF THE CITY OF ALLEN AS HERETOFORE AMENDED SO AS TO ATTACH A SPECIFIC USE PERMIT FOR A RESTAURANT/PRIVATE CLUB LOCATED AT 107-B NORTH GREENVILLE AVENUE, ALLEN, COLLIN COUNTY, TEXAS; TO ATTACH AS EXHIBITS THE SITE PLAN, FLOOR PLAN, RESTAURANT ELEVATIONS, AND SIGN LAYOUT FOR PIZZA SHACK RESTAURANT, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS SHOPPING CENTER; PROVIDING FOR OPERATIONAL COMPLIANCE WITH SECTION 2.06(B) OF THE COMPREHENSIVE ZONING ORDINANCE AS AMENDED BY ORDINANCE NO. 679-2-86; PROVIDING FOR A CONDITION OF OBTAINING A STATE PERMIT FOR A PRIVATE CLUB; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION. WHEREAS, the Planning and Zoning Commission 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, have held due hearings and afforded 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 366-10-81 should be amended; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, in its exercise of its legislative discretion, have concluded that the Specific Use Permit should include the attachments of Exhibit "A", approved site plan, Exhibit "B", approved floor plan, Exhibit "C", approved restaurant elevations, and Exhibit "D", approved sign layout, for Pizza Shack Restaurant, located at 107-B North Greenville Avenue, Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Shopping Center. Ordinance No. 801-8-87 - Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen to give the following described tract of land the following zoning classification, to -wit: That the area be and the same is hereby approved for zoning purposes, a specific use permit for a private club as an incidental use to Pizza Shack Restaurant located at 107-B North Greenville Avenue, presently delineated on the Official Zoning Map as "S" Shopping Center. r SECTION 2. That the Specific Use Permit should include the attachments of Exhibit "A", approved site plan, Exhibit "B", approved floor plan, Exhibit "C", approved restaurant elevations, and Exhibit "D", approved sign layout, for Pizza Shack Restaurant, located at 107-B North Greenville Avenue, in Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Shopping Center. SECTION 3. That the operations of this establishment must be and remain in compliance with all requirements set out in Section 2.06(B) of Comprehensive Zoning Ordinance as amended by City of Allen Ordinance No. 679-2-86. SECTION 4. That the dispensation or serving of alcoholic beverages is totally contingent upon issuance of a private club permit by the State of Texas. SECTION 5. That all ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of said ordinance shall remain in full force and effect. SECTION 6. That the above-described tract of land shall be used in the manner and for the purposes provided for by Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the granting of this specific use permit and approval of attachments of Exhibits "A", "B", "C", and "D". 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 Ordinance No. 801-8-87 - Page 2 for in the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 8. That it appears the above-described property requires that it be given the above zoning. classification in order to permit its proper development and, in order to protect the public interest, comfort, and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety, and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE _ 6th DAY OF ATMUST TST , 1987. APPROVED: Donald P. Rodenbaugh, Mayor` ATTEST: s Marty Hendrix, C C, City Secretary APPROVED AS TO FORM: A. Don r , ttorney Ordinance No. 801-8-97 - Page 3 0 m s 11 EXHIBIT B ORDINANCE NO 801-8-87 n 0 0 8 CL 0 pr C s r r m z K N i PIP f '� � ��l 1 I I• � , �t ■ � 1 �1�1 �y �� 1 y l• ' s jN ,1 `I 1 � f13" � . F • � i �,. , jii yw �i. 11 � � I' �Y ri ��i 11' )) y��• � ' ' ;7 S: ••"� 31 �i! IAS• ..'`k�i-. r�:�{! - , , v::. ..., �.-�"�5.:� ♦ !ENS'-- - -'0 - MW ♦ WE AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, Who having been by nle duly s\\ orn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not ICs, li•Cclucntly than once a week, having a general circulation in said county, and having been published regularly and continuously for more than LWCIve inonths prior to publishing Notice of Public Hearing - Reauest for specific use hermit by Pizza Shack of which the attached is a true and written copy, and which was published in THE ALLEN ANIERICAN on Julv 22. 1987 and which was issued on July 22, 1987 of Collin County, Texas. A printed copy of said publication SUBSCRIBED AND SWORN to before me this- 17th Publisher's Cee s 14-4n City of F11 C day old gust `J A.D. 19 87 Notary Publi �in and for Collin County, Texas (� CITY OF ALL k - NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Cbuncil will conduct`a'publie fiearing at their regular,meeting to be held on'Thurs- day, August 6, 1987, at 7:30 p.m., in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request: fbr specific use Permit by, Pizza Shack for a Restaurant/private club; as by George W. Allen, Jr. This request for a restaurant/private club is in the Pizza Shack located at the northwest corner of F.M. 2170 and State Highway 5, being 107-B Nortti Gre ville Avenue. Anyone wishirig to s k either FOR or AGAINST this request or a specific Use Permit is invited to atte d this public hear- ing and voice their opinion. For further information, contact the Department •of Community Development, City of Allen, at 727-9171 or 424-7518 (metro) ^' x Marty vim.. Hendrix, 3 CMC r City, Secretary TO BE PUBLISHED,IN THE ALL AMERICAN ON WEDNESDAY, JULY 22, 1987. 0 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE NVEDGE`VORTH, who having hcen by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing Public Notice — Ord. # 801-8-87, 802-8-87 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 12 and 16, 1987 and which was issued on Aug. 12, 1987th , )y it y of A 11 e nn of Collin County, Texas. A printed copy of said publication is attached hent SUBSCRIBED AND SWORN to before me this 18th day of Sept/ A.D. 19 87 Publisher's fee S 68.40 Notary Publis3n and for Collin County, Texas OF ALLEN PUBLIC NOTICE I Notice is hereby given that the Allen City That any person, firm or corporation Pouncil adopted the following ordinances violating any of the provisions or terms of; at their regular meeting held on Thursday, this ordinance shall be subject tothe same August 6, 1987 (Titles and Penalty,penalty as provided for in comprehensive Clauses only): Zoning Ordinance No. 366-10-81 of the ' City of Allen, as previously amended, and Ordinance No. 801-8-87: An Ordinance ��upon conviction shall be punished by a fine of the city of Allen, Collin County, Texas, not to exceed the'sum of One Thousand Amending Comprehensive zoning Ordi- Dollars ($1,000.00) for each offence. nance No. 366-10-81 of the City of Allen as Heretofore Amended -so as to Attach a Copies of these ordinances may be read; specific Use Permit, for a Restaurant/ or purchased in the Office of the City Private Club Located at 107-B North Secretary, City of Allen, One Butler Circle Greenville Avenue, Allen, Collin County, Allen, Texas. Texas; to Attach as Exhibits the Site Plan, Floor Plan, Restaurant Elevations, and Marty Hendrix, CMC, CITY SECRETARY Sign Layout for Pizza Shack Restaurant, I Presently Delineated on the Official Zoning TO BE PUBLISHED IN THE ALLEN Map as Shopping Center; Providing for AMERICAN ON WEDNESDAY, AUGUST, Operational Compliance With Section 2.06'12, 1987 AND SUNDAY, AUGUST 161 (B) of the Comprehensive' Zoning Ordi- 198.7:_._._._ _ "� nance as Amended by Ordinance No f 679-2-86; Providing for a Condition of; Obtaining a State Permit for a Private Club;1 Providing for a Penalty; Providing for an', Er Effective Date; and Providing for Publica- tion tion of the Caption. - That any'person, firm, or corporatic violating any of the provisions or terms this ordinance shall be subject to the sarr penalty as provided for in the comprehei sive Zoning Ordinance, No. 366-10-81 the city of Allen, as heretofore amendew and upon conviction shall 136 punished by fine not to exceed the sum of One Thoi sand Dollars ($1,000.00) for each offense Ordinance No. 802-8-87: An ordinance c the City of Allen, ,Collin County', Tex& Amending Comprehensive Zoning Ord nance No. 366-10-81 as Previousl Amended, so as to Change the Followin Described Tract of Land from "R-2" (Res dential) Classification to Permaner Zoning of "PD" (Planned Developmen No. 46, Said Tract of Land,Bein Described as Follows: Approzimatel 33.60 Acres of Land Lying in'the williai Perrin Survey, Abstract No. 708, and th George W. Ford Survey, Abstract No. 321 Collin County, Texas; Providing for U: and Area Regulations; Providing for Penalty of Fine Not to Exceed the Sum One Thousand Dollars ($1,000.00) fi Each Offense; Providing for a Severabili Clause; and Providing for the' Effecti% Date of Said Ordinance. PUBLIC NOTIC Notice' herebygiven th the Allen City That any person, firm or corpora for ouncil a ted the fo ing ordinances violating any of the provisions or terms o t their regular g held on Thursday, this ordinance shall be subject to the same ugust 6, 1987 (Titles and Penalty penalty as provided for in comprehensive lauses only): Zoning Ordinance No. 366-10-81 of the Ordinance No. 801-8-87: An Ordinance City of Allen, as previously amended; anc I the city of Allen, Collin County, Texas, upon conviction shall be punished by'a fine ,mending Comprehensive zoning Ordi- not to exceed the sum of One Thousanc ance No. 366-10-81 of the City of Allen as Dollars ($1,000.00) for each offence-, leretofore Amended so as to Attach a � Copies of these ordinances may be reac pecific Use Permit for a Restaurant/ or purchased in the Office of the�City 'rivate Club Located at 107-8 North Secretary, City of Allen, One Butler Circle Ireenville Avenue, Allen, Collin County,!.' Allen, Texas. " exas; to Attach as Exhibits the Site Plan,l Marty Hendrix, CMC, CITY SECRETARY 'loor Plan, Restaurant Elevations, and lign Layout for Pizza Shack Restaurant,! TO BE PUBLISHED IN THE. ALLEI` 'resently Delineated on the Official ZoningAMERICAN ON WEDNESDAY, AUGUSI lap as Shopping Center; Providing for 12,, 1987 AND SUNDAY, AUGUST 16 )perational Compliance With Section 2.061 1987_ 3) of the Comprehensive Zoning Ordi ance as Amended by Ordinance No.1 79-2-86; Providing for a Condition of )btaining a State Permit for a Private Club; 'roviding for a Penalty; Providing for an affective Date; and Providing for Publica- on of the Caption. That any person, firm, or corporation iolatirig any of the provisions or terms of its ordinance shall be subject to the same penalty as provided for in the comprehen- ive Zoning Ordinance No. 366-10-81 of ie city of Allen, as heretofore amended, ,nd upon conviction shall be punished by a ne not to exceed the sum of One Thou - and Dollars ($1,000.00) for each offense. Ordinance No. 802-8-87: An ordinance of ie City of Allen, Collin County, Texas, emending Comprehensive Zoning Ordi- ance No. 366-10-81 as Previously emended, so as to Change the Following )escribed Tract of Land from "R-2" (Resi-� ential) Classification to Permanent :oning of "PD" (Planned Development)1 to. 46, Said Tract of Land Being )escribed as Follows: Approximately 3.60 Acres of Land Lying in the william 'errin Survey, Abstract No. 708, and the leorge W. Ford Survey, Abstract No. 328, :ollin County, Texas; Providing for Use nd Area Regulations; Providing for a 'enalty of Fine Not to Exceed the Sum of )ne Thousand Dollars ($1,000.00) for :ach Offense; Providing for a Severability :lause; and Providing for the Effective We of Said Ordinance.