O-2470-12-05ORDINANCE NO. 2470-12-05
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALIEN LAND DEVELOPMENT CODE
ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY
GRANTING A CHANGE IN ZONING BY REVOKING SPECIFIC USE PERMIT
NO. 97 FOR A RESTAURANT WITH PRIVATE CLUB FOR PROPERTY ZONED
PLANNED DEVELOPMENT NO. 68 FOR CORRIDOR COMMERCIAL DISTRICT
USES DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING 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 AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission 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 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, THAT:
' SECTION 1. The Allen Land Development Code and Zoning Map of the City of Allen, Texas, be amended
by amending Planned Development No. 68, by granting a change in zoning from Planned Development No. 68
Specific Use Permit No. 97 for Restaurant with Private Club to Planned Development No. 68 for Corridor
Commercial Uses by revoking Specific Use Permit No. 97 for a Restaurant with Private Club for property zoned
Planned Development No. 68 for Corridor Commercial District uses and being described in Exhibit "A"
attached hereto and made a part hereof for all purposes.
SECTION 2. 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 3. All ordinances of the City of Allen in conflict with the provisions of this ordnance 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 4. 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 5. 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 6. Any person, firth 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 7. 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 13ra DAY OF DECEMBER, 2005.
P
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Pete/ _ o Y Shelley TRMTARY
Ordinance No. 2470-12-05, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' Being a 1.9196 -acre tract of land, being a Portion of Lot 3, Block 1 of the Allen Tech Center Addition, Block
1, Lots 3, 4B, & 5, and Addition to the City of Allen, according to Cabinet N, Page 141, of the Map Records,
COLLIN County, Texas, located at 604 W. Bethany Drive, Suite 107, at the northeast corner of Bethany
Drive and U.S. 75.
1
Ordinance No. 2470-12-05, Page 3