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O-1926-3-01x 1;111 QVIaM 31z a [ib i ' 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. 94 FOR A RESTAURANT WITH PRIVATE CLUB ON PROPERTY ZONED PLANNED DEVELOPMENT NO. 54, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR APPROVING OF THE SITE PLAN, FLOOR PLAN AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS "B," "C," AND "D" RESPECTIVELY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING 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 applicant for Special Use Permit No. 84 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 properly 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 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. 84 for a restaurant with private club subject to special conditions on Tract 3 of properly zoned Planned Development No. 54, and being further described in Exhibit "A" attached herein and made a part hereof for all purposes. SECTION 2. The Specific Use Permit for a 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, Floor Plan and Building Elevations attached hereto as Exhibits "B;' "C," and "D" 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 permits governing the sale of alcoholic beverages on the premises by the State of Texas. SECTION 3. The property shall be used only in the maturer 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 m 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, 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 Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 6. 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, firm 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 8. 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 1" DAY OF MARCH, 2001. APPROVED: StePheA MAYOR TO FORM: ATTEST: ATTORNEY Udy Mot&ou, CMC/AAE, CITY SECRETARY Ordinance No. 1926-03-01, Page 2 SURVEY PLAT: TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: This is to certify that I have this date, made a careful and accurate survey on the ground of the following described property: BEING a 1.6356 acre tract of land situated in the City of Allen, Collin County, Texas, the same being Part of Lot 1—R, Block F of BRAY CENTRAL ONE ADDITION, on addition to City of Allen, Collin County, Texas, as recorded in Cabinet "K", Slide 577 of the Map Records of Collin County, Texas and the some being described by metes and bounds as follows: BEGINNING at a 5/B" iron rod set for the southwest corner of Lot 1 —R at the intersection of the East right—of—woy line of Bray Central Drive (a 80' right—of—way) and the north line of Village Way (a 80' right—of—way), said point being the beginning of a curve to the left having a radius of 750.00', central angle of 14' 28' 16" and a chord which bears North 13' 12' 06" East and o chord distance of 188.92 feet; THENCE northeasterly continuing along the east right—of—way line ' of said Bray Central Drive and said curve to the left, for an arc distance of 189.43 feet to a 5/8" iron rod set for comer; THENCE South 70' 24'53" East, leaving the east right—of—way line of said Bray Central Drive, for a distance of 393.98 feet to a 5/8" iron rod set for corner in the west line of U.S. Highway 75; THENCE South 19' 35' 07" West, along the west line of U.S. Highway 75, for a distance of 187.75 feet to a 5/8" iron rod set for the southwest corner of Lot 1R at the intersection of aforementioned Village Way and U.S. Highway 75; THENCE North 70' 24' 53" West, leaving the west line of U.S. Highway 75 and along the north line of Village Way, for a distance of 372.98 feet to the PLACE OF BEGINNING, and CONTAINING 1.6356 ACRES OF LAND, more or less. 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