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Home My WebLink AboutO-837-2-88REPEALED BY ORDINANCE NO. 837-2-88 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87 OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ATTACH A SPECIFIC USE PERMIT FOR A RESTAURANT/PRIVATE CLUB LOCATED AT 604 N. FEDERAL, OF THE WILLIAM CHESTER ADDITION, ALLEN, COLLIN COUNTY, TEXAS; TO ATTACH AS EXHIBITS THE SITE PLAN, INCLUDING RESTAURANT ELEVATIONS AND SIGN LAYOUT, AND FLOOR PLAN FOR MARIA'S RESTAURANT, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS CENTRAL BUSINESS DISTRICT; PROVIDING FOR OPERATIONAL COMPLIANCE WITH SECTION 2.06(B) OF THE COMPREHENSIVE ZONING ORDINANCE; 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. 829-11-87 should be amended; 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 the Specific Use Permit should include the attachments of Exhibits "A", approved site plan, including restaurant elevations and sign layout, and Exhibit "B", approved floor plan, for Maria's Restaurant located at 604 N. Federal, in the William Chester Addition, Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Central Business District. Ordinance No. 837-2-88 - Page 1 .-1-4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 829-11-87 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 restaurant/private club with a private club as an incidental use to Maria's Restaurant located at 604 N. Federal, of the William Chester Addition, presently delineated on the Official Zoning Map as "S" Central Business District. SECTION 2. That the specific use permit should include the attachments of Exhibit "A", approved site plan, including restaurant elevations and sign plan, and Exhibit "B", approved floor plan, for Maria's Restaurant located at 604 N. Federal, of the William Chester Addition, in Allen, Collin County, Texas, presently delineated on the Official Zoning Map as "CBD" Central Business District. 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 No. 829-11-87. 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 ordinances 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. 829-11-87 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" and nB�r Ordinance No. 837-2-88 - Page 2 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. 829-11-87 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 18th DAY OF February , 1988. APPROVED AS TO FORM: A. Don Crowder, C-ity,4ttorney APPROVED: 1421— 11179 tgkr�_Wilson,-MAYOR PRO TEM ATTEST: Waj_� Marty Hendrix, CV_ City Secretary Ordinance No. 837-2-88 - Page 3 5 N RED-- - -- ---- --- _ RK 6RlGl - - — - h -RKO — r cm— ST ELEVATION - "GIRTAYJ3 pGMlNG GLAfi -- OARK ClW wl - -fAINTW GN G LAQS RED 1Tw 1 f l -wrr++ Ew �/ ZON,NG RbuNO�F/ L,NR� CBD U5 H w Y '75 �1 PD -27 AREA ZONING MAP – o eo' loon 2", �_ --- u w 1 !4' &' SSIGN DETAIL. ORCALE- --Jilhllol /I11 ATTACHMENT TO: �f(� Ordinance No. 837-2-88 Adopted February 18, 1988 • 77ifL LACCX.T TA or l7 AOG • 5TAATT a •O KgALV.F {IN riR1AOL �''• -yl 9fL gApv-RAIN3 3 w �Mr OA*/T IE Q /p-p'iO /.yyE WELD TO �' RAIMJrj •ANCWRTb A GONG 4vALl W �•IECr AYOLrS\A, 4 ECI15Ti GENERAL NOTES 1. ALL WORK TO CONFORM TO CODES, ORDINANCES. REGULATIONS AND OTHER AGENCIES AND AUTHORITIES HAVING JURISDICTION OVER THE PROJECT. 2. THE CONTRACTOR/S SHALL VERIFY ALL DIMENSIONS AND CONDITIONS AT THE PROJECT SITE. J. THE CONTRACTOR/S SHALL VERIFY THE SIZE, LOCATSON AND CHARACTERISTICS OF ALL WORK AND EOUIPMENT TO RE FURNISHED RT THE OWNEA OR OTHERS. WITH THE MAWU- FAC7UOER ON SUPPLIER BEFORE STARTING ANY CONSTRUCTION RELATED TO SAID WORK AND/OR EQUIPMENT. 4. ERRORS OR OMISSIONS IN ANY SCHEDUE OR DRAWINGS DO NOT BELIEVE THE CONTRACTOR/S FROM EXECUTING WORK INTENDED IN TUE DRAWINGS. S. VERIFY ALL DIMENSIONS, CONDITIONS, EXISTING CONSTRUCTION. GRADES AND UTILITIES ON PROJECT AND CONTRACT DOCUMENTS AT PROJECT SITE PRIOR TO BEGINNING COMSTNUC- TION; DISCREPANCIES TO BE REPORTED TO ODER AND ARCHITECT FOR CLARIFICATION. 6. ALL EKISTING WORK NOT SHOWN TO BE ALTERED OR REMOVED SHALL BE PROTECTED FROM DAMAGE WRING CONSTRUCTION. 7. THE CONTRACTOR SHALL BEAR At TOTAL EXPENSE FOR ANDSHALL REPAIR, A EXISTING CONDITION, ANY DAMAGE TO EXISTING CONSTRUCTION, EOOIP ENT OR IMPROVEMENTS NOT INDICATED IN THE DRAWINGS ON SPECIFICATIONS TO RECEIVE ALTERATIONS OR ADDITIONS. B. ALL MATERIALS SHALL BE NEW AND OF DOMESTIC MANUFACTURE AND SHALL BE INSTALLED IN STRICT CON"ORMANCE WITH MANN6ACTURES INSTRUCTIONS AND/OR RECOMENDATIONS UNLESS INDICATED OTHERWISE IN THE DRAWINGS. QEVOA'A"-f GYLIUDiR9\-bEV&eA0EGYLINDCR6 CN07-r TI7 bE LOCAT•ZIP ON MCT: 45NELP J ala"/ ?MEl•VL'3 'bR! w Iq F .4COE9S TO Iy7uIP Ar d 6 uNasR•rI-GSA -'.31.. £RACIST& 3TC COLIR NIARL/'9 RGSTALF7AAJT - $L48 43P rARKl1•IG F7E61G(000) r S7 TOTAL RE77VL (CXIMST6�f47CJ99P •0 EXISTG ibLOYe r14RKIN6 REOD ON 16111 Ge NST 7YPC.3 REMAIHIN6 R9r71AIL MW V 1NR \ 72777A.L. PARIONG FCDD -116 72:rrAL PARKIN& PRO10060' IIXj m r///%.� WY 75 SERV/cE RD KEY PLAN E 11 -loo' 5 '7177: PUN INFI'X?M2%ALW N FM PLANS 60 LIMEIAUGN v/ WAI-AR GAosOC 5/l+/8+ 71 I 21 I I_ q b d O !J(I�T'6 AR. '134"I{G. PLU4U /��°NG {L1/5N PRI01' � DbL /If'Nc PL15N FXIC', G DR, G LAOEL G12(fo lnwulE rrlJ� TO ffz �-J IN Lk L MGT- RWAME /LJ 11OM-.MQ FS"f ACTING Z7" IN NR. 1'rfr Me" 7" REl'4AIN IN ! NIC. 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DR'r "XblrAOC 00I6LVIN4 MNJ 6' A.rq IA WARMERV TO MAINTNN IAO'P' 11, ALL K/TCH£N :iQLAPNrENr TNTIS ST`ArlO"e'/ To 1"7A"M" CO'GL.EAIP.AIJCe. AETWMCN FLOOR/ - WALLS t arwn EpuIF'r9C/. r Ir apuirMladr v5 OLe6ER TWAN GN Tb MZOZVALAIY J OrWEIP �uIPP'IEH'r-'.7C1'eRKrTO'd �PACAL Nrb GL wALzr W/-JCLA/NL--05 'SR Gi=15&'KX1 IF £QUID /7 M/VA'5L.E ON Cd9TiM5) NO 9=CA0ANC- 1eR�u1RK APPLY - 145171- pUING AREA • 1'1715 sr 5E.4.TN6 UPAGnY • I d0 XaTS RATIO OP'VE.7'e 7b ARiA 1:1S.1 %'01 n r 0 E ` � y4y � a � 8-r + - A ' O O • ATTACHMENT TO: r B 1 I Q a Ordinance No. 837-2-88 �D• Adopted _February 18, 1988 { 1- � 1 AFFIDAVIT AND FROOF `OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE NVEDGEWORT11, who having hcen by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN ANIERICAN, a newspaper published in Collin Counly, Texas, not IOSS fralucntly than once a week, having a general circulation in said county, and having been published rc"ularly and continuously for more than twclve months prior to publishing Notice of Public Hearin Maria's Restaurant ui the attacnea is a true ana written copy, and which was published in THE ALLEN ANIERICAN on January 31, 1988 and which was issued on January 31, 1988 AofF he Cit of Collin County, Texas. A printed copy of said publication R, SUBSCRIBED AND SWORN to before me this 10 e b r u a r A1/len A.D. 19 88 Publisher's fee S 1 1 . 70 Notary Pub] (c)in and for Collin County, Tcxa, VV CITY OF ALLEN I NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at, their regular meeting to be held on Thurs qday, February 18, 1988, at 7:30 p.m. in they Council Chambers of the Allen Municipal Annex; One Butler Circle, Allen, Texas, to consider a request by Maria's Restaurant for a specific use permit for a restaurant/ private club to be located in the William ,Chester Addition in the W. J. Jackson Survey, Abstract No. 484, further tlescribed as being east of U.S. 75 and south of Rowlett Road. AAnyone wishing to speak either FOR o AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the Department of Community Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-9171 or X24-7518 (metro). Marty Heridrix, CMCI City Secretary TO BE PUBLISHED IN THE ALLEN 'AMERICAN ON SUNDAY, JANUARY 31,� Lm) AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, who having been 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. # 837-2-88 of wnicn me attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, March 2, 1988 and which was issued on 2/28/88 of Collin County, Texas. A printed copy of said publicat SUBSCRIBED AND SWORN to before me this 19th Publisher's fee S 17- l n ity of Allen is attar icv nere day of Aptil A. D. 19 88 L�/l Notary PublOn and for Collin County, Texas Evelyn E. Currie Commission Expires 2/25/89 CITY ALLEN PUBLIC NOTICE Notice is hereby given that theAllen City ouncil adopted the following ordinance at ieir regular meeting held on Thursday, ebruary 18, 1988 (Title and Penalty', lause only): Ordinance Nb. 837-2-88: An Ordinance f the City of Allen, Collin County, Texas, mending Comprehensive Zoning Ordi- ance No. 829-11-87 of the City of Allen, s Heretofore Amended; so as to Attach a pecific Use Permit for a Restaurant/, rivate Club Located at 604 N. Federal, of ie William Chester Addition, Allen, Collin :ounty, Texas, to Attach as Exhibits the ite Plan, Including Restaurant Elevations nd Sign Layout, and Floor Plan for Maria's lestaurant, Presently Delineated on the )fficial Zoning Map as Central Business listict; Providing for Operational Com- liance with Section 2.06 (B) of the Com 1 rehensive Zoning Ordinance; Providing )r a Condition of Obtaining a State Permit )( a Private Club; Providing for a Penalty; 'roviding for an Effective Date; and Pro! iding for Publication of the Caption. That any person, firm, or corporation vio- )ting any of the provisions or terms of this )irdinance shall be subject to the same enalty as provided for in Comprehensive :oning Ordinance No. 829-11-87 of the 'fly of Allen, as heretofore amended, and pon conviction shall be punished by a fine' of to exceed the sum of One Thousand )ollars ($1,000.00) for each offense. Copies of this ordinance may be read or urchased in the Office of the City Secret -I .ry, One Butler Circle, Allen, Texas. r Marty Hendrix, CMC City Secretary'' TO BE PUBLISHED IN THE ALLEN kMERICAN ON WEDNESDAY, MARCH , 1988). 'his Legal Notice was not run on February, 18, 1988 as requested. The Allen Ameri, an extends their apologies for the iconvenience. _ I