O-3635-1-19ORDINANCE NO. 3635-1-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE
PERMIT NO. 166 FOR PRIVATE CLUB USE FOR AN APPROXIMATELY 6,165±
SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 3, BLOCK 1, ALLEN
TECH CENTER ADDITION (COMMONLY KNOWN AS 604 W. BETHANY DRIVE,
SUITE 102) PRESENTLY ZONED FOR PLANNED DEVELOPMENT “PD” NO. 68
CORRIDOR COMMERCIAL “CC”; REPEALING SPECIFIC USE PERMIT NO. 82
FOR RESTAURANT/PRIVATE CLUB USE; PROVIDING A CONFLICTS
RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING 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 and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land Development Code Zoning
Regulations and Zoning Map of the City of Allen, Texas, 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 Zoning Regulations and Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting Specific Use Permit No. 166 authorizing an approximately 6,165±
square foot portion of a building located on Lot 3, Block 1, Allen Tech Center Addition, an addition to the City
of Allen, Collin County, Texas, according to the Plat recorded in Book 4957, Page 1696, Plat Records, Collin
County, Texas, as shown on Exhibit “A” attached hereto and incorporated herein by reference (“the Property”),
which is presently zoned for Planned Development “PD” No. 68 Corridor Commercial “CC” to be developed and
used for a Private Club use.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and the use and development regulations
of Planned Development “PD” No. 68 as amended, and, if developed and used for Private Club purposes, shall
be subject to the following special conditions:
A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown in the
SUP Site Plan attached hereto as Exhibit “A,” and incorporated herein by reference.
B. Only Bethany Taverns, LLC, or a legal entity owned or controlled by Michael Brignole is authorized
by this Ordinance to use the Property for a Private Club use. Notwithstanding the foregoing to the
contrary, it shall not be a violation of this ordinance if a third party holds the Private Club Permit issued
by the Texas Alcoholic Beverage Commission for purposes of operating a Private Club on the Property
pursuant to Chapter 32 of the Texas Alcoholic Beverage Code, as amended, if, and only of, the Property
is at all times also operated as a restaurant.
SECTION 3. Specific Use Permit No. 82 for Restaurant/Private Club, enacted pursuant to Ordinance No.
1878-9-00, is hereby repealed.
SECTION 4. To the extent of any irreconcilable conflict with the provisions of this ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
' amended by this ordinance,the provisions of this ordinance shall be controlling.
SECTION 5. Should any word, sentence,paragraph, subdivision,clause,phrase or section of this ordinance,or
of the Allen Land Development Code Zoning Regulations,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 Zoning Regulations, 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 Zoning Regulations,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 Allen Land Development Code Zoning Regulations 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. 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 8TH DAY OF JANUARY 2019.
APPROVED:
1
Stepp Terrell,Mayor
APPROVED AS TO FORM: ATTEST:
Peter G.Smith, Itity Attorney Shelley B. Ge e,City Secre ry
(kb AV13/18:164888)
Ordinance No.3635-1-19,Page 2
Ordinance No. 3634-1-19, Page 3
EXHIBIT “A”
SUP SITE PLAN
PARCEL 3DBA BETHANY TAVERNS, LLC.604 BETHANY DRIVE STE #102ALLEN, TX 75013OWNER: MICHAEL BRIGNOLE6,165 SF604 W. BETHANY DRIVE, STE #102ALLEN, TX 75013SUP SITE PLANTOTAL LAND AREA ; 1.9196 ACRES83,618 SFLOT 3, BLOCK 1ALLEN TECH CENTER ADDITION604 W BETHANY DRIVE(110' RIGHT-OF-WAY - MAINTAINED BY CITY OF ALLEN, TEXAS)20' VIS. TRIANGLE20' VIS. TRIANGLEEXG. 24' DRIVEAPROACH24' FIRELANE & CROSS ACCESS ESMT. CAB. "L" PG. 377FIRE LANEFIRE LANE10' ELECTRIC EASEMENT, CAB. "N" PG. 141, P.R.C.C.T.15' LANDSCAPE BUFFER AND SIDEWALK EASEMENT, CAB. "N" PG. 141, P.R.C.C.T.10' SANITARY SEWER EASEMENT, VOL. 2292,PG 303 & 306, D.R.C.C.T.11' STREET EASEMENT, CAB. "N" PG. 141, P.R.C.C.T.10' ELECTRIC EASEMENT, CAB. "N" PG. 141, P.R.C.C.T.9' ELECTRIC EASEMENT, CAB. "N" PG. 141
LOT 3, BLOCK 1ALLEN TECH CENTER ADDITIONOWNER:BETHANY / I-75 VILLAGE, LTD.VOL. 4301, PG. 2461D.R.C.C.T.LOT 2, BLOCK 1OWNER:BETHANY / I-75 VILLAGE, LTD.VOL. 4301, PG. 2466D.R.C.C.T.LOT 6, BLOCK 1ALLEN TECH CENTER ADDITIONCAB."K", PG. 805P.R.C.C.T.LOT 4B, BLOCK 1ALLEN TECH CENTER ADDITIONCAB."N", PG. 141P.R.C.C.T.LOT 4A, BLOCK 1ALLEN TECH CENTER ADDITIONCAB."L", PG. 921P.R.C.C.T.LOT 5, BLOCK 1ALLEN TECH CENTER ADDITIONCAB."N", PG. 141P.R.C.C.T.CONCRETEPAVEMENTCONCRETEPAVEMENTPROPERTY ID2084401GEOGRAPHIC IDR-4005-001-0030-1DBA NAMEBETHANY CROSSING CENTERTOTAL IMPROVEMENT MAIN AREA22,000 SQ.FT.FAR 0.26BUILDING HEIGHT 39.0'PRIMARY STATE CODEF1 (REAL COMMERCIAL)11114611.5' OF 24' UTILITY, FIRELANE & ACCESS EASEMENT, CAB. "N" PG. 141
BETHANY TAVERN (PARCEL 3)604 BETHANY DRIVE, STE#102Allen, TX 750135,165 SF16FIRE LANEFIRE LANE2924' FIRELANE & CROSS ACCESS ESMT. CAB. "L" PG. 377FIRE LANEFIRE LANE12CONCRETE 4'-0" SIDEWALKCONCRETE 4'-0" SIDEWALKDUMPSTER PADSBRICK WALL5'-0" WATER EASEMENT, CAB. "N" PG. 1411' X 17.5' WATER EASMENT CAB."N", PG. 141
10'-0" WATER EASMENT CAB."N", PG. 141, P.R.C.C.T.MEN'SR.RWOMEN'SR.RMECH RMKITCHENBAR AREAMAIN DININGCOOLSTORAGEDRYSTORAGEOFFICE4'-018"VICINITY MAPFRONTDOORSIDEDOORTotal Parking Available 14823