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O-1727-5-99ORDINANCE NO. 1727-5-99 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT NO. 68, ORDINANCE NO. 1615-7-98, BY APPROVING SPECIFIC USE PERMIT NO. 66 FOR A RESTAURANTIPRIVATE CLUB FOR 3.2089 ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "D" ATTACHED HERETO; PROVIDING FOR A SITE PLAN, FLOOR PLAN, AND BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBITS "E", "F", AND "G" RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABHdTY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 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 Zoning Ordinance No. 1425-5-96 and Zoning 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: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be and the same is hereby amended, by amending Planned Development No. 68, Ordinance No. 1615-7-98, by approving Specific Use Permit No. 66 for a restaurant/private club, for the following -described tract of land: 3.2089 acres in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, and being further described in Exhibit "D" attached hereto and made a part hereof for all purposes. SECTION 2. That Specific Use Permit No. 66 for a Restaurant/Private Club and the property shall be developed and used only in accordance with the Site Plan, Floor Plan, and Building Elevations attached hereto as Exhibits "E", "F", and Exhibit "G", respectively, and are made part hereof for all purposes, and which are hereby approved. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That 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. L� SECTION 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, 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 Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. That an offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. 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. 1425-5-96 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) for each offense. SECTION 8. That 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 26m DAY OF MAY, 1999. APPROVED: '4c / Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, MY ATTORNEY J dy Mo n, CMC, CITY SECRETARY OrdinanceNo. 1727-5-99 Page2 LEGAL DESCRIPTION PARCEL 5 BEING a tract of land situated in the City of Allen, Collin County, Texas and being a part of the William Perrin Survey, Abstract No. 708, and being part of a tract of land described as 16.6861 acres conveyed by Kendall Land Corporation to Madstone Partners, Ltd. by deed doted August 17, 1992, as reccrded in County Clerk's File No. 92-0055975, Land Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found in the east right—of—way line of U. S. Highway No. 75 (a variable width right—of—way), said point being the northwest corner of the above said 16.6861 acre tract; -HENCE South 75 deg. 58 min. 16 sec. Eas! a distance of 349.37 feet to a noint for corner; EXHIBIT D Ordinance No. 1727-5-99 -HENCE South 14 deg. 01 min. 44 sec. Wes, a distance of 400.00 feet to a point for corner; -HENCE Ncrth 75 deg. 58 min. 16 sec. Wes: a distance of 349.53 feet to a point for corner; -HENCE Ncrth 14 deg. 03 min. 06 sec. East along the east right—of—way line OF of said U.S. Highway No. 75 o distance of 400.00 feet to the POINT BEGINNING and containing 139,779 square feet or 3.2089 acres of lana. EXHIBIT D Ordinance No. 1727-5-99 L I I I ,i i n i i i i i i i w ii i i i i i i EXHIBIT E Ordinance No. 1727-5-99 i ..�.5p, ww� uy �:w� F .._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._ --------------- .1 009JT , C I 0 00! O 0 0 o o 0 0 0 0� o o �. C) o ,. o o 00 ,0 o, o 0 00 o a o; 00 0 :o o o; o og ,i i n i i i i i i i w ii i i i i i i EXHIBIT E Ordinance No. 1727-5-99 i F EXHIBIT F Ordinance No. 1717-5-99 Mom . III1�111�111�,1��1 i pn; u n E3 it/ 0 ILII j I !2 NWN wl W -AMD J �w1XN IA F�ui i II EXHIBIT G Orainance No. 1717-5-99