O-2017-1-02ORDINANCE NO. 2017-1-02
' 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. 90 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, AND FLOOR
PLAN, ATTACHED HERETO AS EXHIBITS "B," AND "C," RESPECTIVELY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS (52,000) FOR EACH OFFENSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the applicant for Special Use Permit No. 90 has agreed to accept 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. 90 for a Restaurant with Private Club subject to special conditions
on 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 granted herein 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 and
Floor Plan attached hereto as Exhibits "B," and "C;' 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 retraining portions of said ordinance or the
Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect.
SECTION & 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, finn 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 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 3Re DAY OF JANUARY, 2002.
APPROVED:
Stephe Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY�ATTORNEY Juq Mom , CMC/AAE, CITY SECRETARY
Ordinance No. 2017-1-02, Page 2
EXHIBIT "A"
' ORDINANCE NO. 2017-1-02
1.9196 acres of land, being a Portion of Lot 3, Block I of the Allen Tech Center Addition, Block 1,
Lots 3, 4B, & 5, an Addition to the City of Allen, Texas, according to Cabinet N, Page 141, of the
Map Records of Collin County, Texas, located at 604 W. Bethany Drive, Suite 107.
Ordinance No. 2017-1-02, Page 3
I
EXHIBIT "B"
SITE PLAN
ORDINANCE NO. 2017-1-02
Ordinance No. 2017-1-02, Page 4
Li
EXHIBIT "C"
FLOOR PLAN
ORDINANCE NO. 2017-1-02
Ordinance No. 2017-1-02, Page 5