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O-1680-1-99ORDINANCE NO. 1680-1-99 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-% AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING ORDINANCE NO. 12263-94 PLANNED DEVELOPMENT NO. 55 BY AMENDING THE DEVELOPMENT REGULATIONS TO ALLOW RESTAURANT/PRIVATE CLUB AS A PERMITTED USE BY SPECIFIC USE PERMIT; AND BY APPROVING SPECIFIC USE PERMIT NO. 62 WITH SITE PLAN, FLOOR PLAN, AND FRONT ELEVATIONS FOR A RESTAURANT/PRIVATE CLUB FOR 1.378 ACRES OF LAND BEING A PART OF LOT 2 BLOCK B IN THE ALLEN CENTRAL RETAIL ADDITION NO. 2, AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A SITE PLAN, FLOOR PLAN, AND FRONT ELEVATIONS ATTACHED HERETO AS EXHIBITS 'B", "C", AND "D" RESPECTIVELY; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY 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 FOR THE EFFECTIVE DATE OF SAID ORDINANCE. ' 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 revised. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. That Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by amending Ordinance No. 1226-3-94 Planned Development No. 55 by amending the Development Regulations to allow Restamm/Private Club as a permitted use by specific use permit; and by approving a Specific Use Permit No. 62 with Site Plan, Floor Plan, and Front Elevations for a Restaurant/Private Club for the following -described tract of land: 1.378 acres being a part of Lot 2 Block B of the Allentown Central Addition No. 2, an Addition to the City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the Site Plan attached hereto as Exhibit "B" and made par thereof for all purposes, and shall be developed generally in accordance with the Floor Plan attached hereto as Exhibit "C" and made a part hereof, and shall be ' constructed generally in accordance with the Front Elevations attached hereto as Exhibit "D". SECTION 3. 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 we hereby, repealed; provided, however, that all other provisions of said ordinances not in ' conflict herewith shall remain in full force and effect; provided however Zoning Ordinance No. 1226-3-94 except as amended herein shall remain in full force and effect. 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. 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 fire not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION S. 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 TILE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 21ST DAY OF JANUARY, 1999. ' APPROVED: Stephen Terrell, MAYOR 1 APPROVED AS TO FORM ATTEST: ��"9"L411 Peter G. Smith, C� Y �— ATTORNEY My Mo n, CMC, CITY SECRETARY OrdinanceNo. 1680-1-99 Page ' FIELD NOTES BEING a tract of land situated in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas, and being a part of Lot 2, Block B, Allen Central Retail Addition No. 2, an addition to the City of Allen, Texas, as recorded in Cabinet K, Pages 653-654, Plat Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at an "x" cut set for comer in the south line of McDermott Drive (a variable width R.O. W.), said point being the most northerly northeast comer of Lot 1, Block A, Allen Central Retail Addition, an addition to the City of Allen, Texas, as recorded in Cabinet K, Page 201, Plat Records of Collin County, Texas, and being the beginning of a curve to the left having a central angle of 04020'29", a radius of 1146.00 feet, a tangent length of 43.44 feet, and a chord bearing N53°39'45"E, 86.81 feet; THENCE in a northeasterly direction along said curve to the left, and with the south line of McDermott Drive, an arc distance of 86.84 feet to an von and found for comer, said point being the beginning of a reverse curve to the right having a central angle of 13006'15", a radius of 947.79 feet, a tangent length of 108.86 feet, and a chord bearing N58002'37"E, 216.30 feet; THENCE in a northeasterly direction along said curve to the right, and with the south line of McDermott Drive, an arc distance of 216.77 feet to an iron rod found for corner, and the end of said curve; THENCE S26°42' 19"E, leaving McDermott Drive, a distance of 58.52 feet to an iron rod found for comer; THENCE SOUTH, a distance of 264.72 feet to an von rod found for comer; THENCE WEST, a distance of 164.29 feet to an von rod found for corner; THENCE NO°52'47"E, a distance of 28.06 feet to an`k" cut set for comer; THENCE N89-07'1 3"W, a distance of 30.84 feet to an'k" cut set for comer; THENCE N34045'45"W, a distance of 149.17 feet to the POINT OF BEGINNING and CONTAINING 60,024 square feet or 1.378 acres of land. 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