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Home My WebLink AboutO-1342-7-95ORDINANCE NO. 1342-7-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 368-10-81 AND COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY APPROVING A SPECIFIC USE PERMIT FOR A RESTAURANT/PRIVATE CLUB ON THE FOLLOWING -DESCRIBED TRACT OF LAND: A PORTION OF THE EAGLE PLAZA SHOPPING CENTER LOCATED IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977, 600 E. MAIN STREET, SUITE A, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" SITE PLAN; PROVIDING FOR EXHIBIT "B" FLOOR PLAN; PROVIDING FOR A VARIANCE; PROVIDING FOR STIPULATIONS; PROVIDING FOR A TERMINATION OF THE USE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFEL711VE DATE OF SAID ORDINANCE. 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 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 Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, should be changed; NOW, I UEFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as previously amended, be and the same are hereby amended by approving a specific use permit for a restaurant/private club, providing a variance to allow the outside sale of alcoholic beverages, and providing stipulations for screening on the following tract of land: A portion of the Eagle Plaza Shopping Center located in the David Wetsel Survey, Abstract No. 977, otherwise known as 600 E. Main Street, Suite A, City of Allen, Collin County, Texas. SECTION 2: The approved site plan, attached hereto as Exhibit "A" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 3: The approved floor plan, attached hereto as Exhibit "B" and made a part hereof for all purposes, shall be adhered to in its entirety. SECTION 4: The following variance to the Comprehensive Zoning Ordinance, Section 2.06,13,2a, which prohibits the outside sale of alcoholic beverages be enacted: 1. The outside sale of alcoholic beverages be allowed within the designated area noted on Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 5: This Specific Use Permit shall terminate and the shopping center uses automatically reinstated upon vacation of the premises and abandonment of the use. SECTION 6: The primary purpose of the patio area shall be for food consumption. Tables shall be present on the patio at all times during business hours. SECTION 7: 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 8: 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 previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 9: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 10: 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, TEXAS, ON THE 6TH DAY OF JULY, 1995. E APPROVED: GQ� / oe Farmer, MAYOR APPROVED AS TO FORM: ATTEST: iC 9- &ATTORNEY CITY SECRETARY J CM4 Ordinance No. 1342-7-95 Page 2 ORDINANCE N.O. 1342-7-95 TEXAS GRILL EXHIBIT "A" .' r It T F Z�-Y E E. - - - ( b�0sd public 's • r • �h.s.bl a scty �.t -1 f.env. calli.•.0 A09iaoo@lla•ShOPPiW Centers A1M.Tewa@ of the •Pao" w wcedM too d tt Es IMV"b.13. t 19A5 ft+swYoc k a I Yooatho cL&JS o('- t -V,461 Zr000-e/ f -&7s Ss- Kovdd „3h „ati ORDINANCE NO. 1342-7-95 FLOOR PLAN EXHIBIT "B" I rocatHo gL"S 47r ='49S or — Xo2/S V �- c7 a g n IDD 1/ -7 I lY4 rb-rs ,o a d AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLON BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager 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 continously for more than twelve (12) months prior to publishing 600'E Main of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Saturdav, June 10. 1995 and which was issued on June 10, 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publi ion is attached hereto. 2�1 it-Lrc SUBSCRIBED WORN to before me this day A.D. 19 9- U NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 13 . 5 0 V� AL TODD �1996 = idIIP SSION l 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- day, July 6, 1995, at 7:30 p.m. in the Coun- cil Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a request for a Specific Use Permit to allow a restaurant/private club to sell alcoholic beverages at 600 E. Main, Suite A, Allen, Texas. This request is on property located at the Eagle Plaza Shopping Center Addition to the City of Allen, Collin County, Texas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the Depart- ment of Communtiy Development, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0120. Judy Morrison City Secretary � r AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager 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 continously for more than twelve (12) months prior to publishing Ordinance X61342-7-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Juljr 12 & July 15, 1995 and which was issued on July 12,1995 by City of !"Allen of COLLIN COUNTY, TEXAS A printed copy of saidubli ion is attached hereto. Z SUBSCRIBED AND ORN to before me this day � A.D. 19 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 5 . 0 0 •'F ry V. A. TODD MY COfAMI�'SION EXPIRES Dei:, mber5, 1E98 CITY 011ALLEN PUBLIC NOTICE Votice Is hereby given that the Allen City 'ouncil adopted the following ordinance at ,heir regular meeting held on Thursday. July 6, 1995 (Title and Penalty Clause only): Ordinance No. 1342-7-95; An Ordinance of the City of Allen, Collin County, Texas, Amending Ordlnance No. 368.10-81 and Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, by Approving a Specific Use Permit for, a Restaurant/Private Club on the Following - Described Tract of Land: a Portion of the Eagle Plaza Shopping Center LocateclAn the David WetselSurvey, Abstract No. 977, 600 E. Main, Suite A, City of Allen, Collin County, Texas; Providing for Exhibit "A" Site Plan, Providing for Exhibit "B" Floor Plan, Providing for a Variance; Pro- vlding for Stipulations; and Providing for a Penalty for Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the 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 Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary , City of Allen, One Butler Circle, All ; Texas 75002-2773. /s/ City Secretary CITY OF ALLEN PUBLIC NOTICE rNotice is hereby given that the Allen City cil adopted the following ordinance at regular meeting held on Thursday, 6, 1995 (Title and Penalty Clause only): Ordinance No. 1342-7-95: An Ordinance of the City of Allen, Collin County, Texas, Amending Ordinance No. 368-10-81 and Comprehensive Zoning Ordinance No. 829-11-87, as Previously Amended, by Approving a Specific Use Permit for a Restaurant/Private Club on the Following - Described Tract of Land: a Portion of the Eagle Plaza Shopping Center Located in the David Wetsel Survey, Abstract No. 977, 600 E. Main, Suite A, City of Allen, Collin County, Texas; Providing for Exhibit "A" Site Plan, Providing for Exhibit "B" Floor Plan, Providing for a Variance; Pro- viding for Stipulations; and Providing for a Penalty for Fine not to Exceed the Sum of Two Thousand Dollars ($2,000) for Each Offense; Providing for a Severability Clause; and Providing for the Effective Date of Said Ordinance. That any person, firm or corporation violat- ing any of the 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 Two Thousand Dollars ($2,000) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary , City of Allen, One Butler Circle, Allen Texas 75002-2773. /s/ City Secretary