O-3582-6-18ORDINANCE NO. 3582-6-18
' 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. 163 AUTHORIZING AN APPROXIMATELY 6,4931 SQUARE FOOT
PORTION OF A BUILDING LOCATED ON LOT 7A-1, BLOCK A, THE VILLAGE AT
ALLEN, PRESENTLY ZONED FOR PLANNED DEVELOPMENT "PD" NO. 73
SHOPPING CENTER "SC" TO BE USED FOR A 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. 163 authorizing an approximately 6,4931
square foot portion of a building located on Lot 7A -I, Block A, The Village at Allen, an addition to the City of
Allen, Collin County, Texas, according to the Plat recorded in Volume 2009, Page 76, 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. 73 Shopping Center "SC" to be used for a
Restarmnt/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. 73 as amended, and, if developed and used for RestaurarruPrivate 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 BL Resmuram, Inc. d/b/a Bar Louie, or a legal entity owned or controlled by BL Restaurant, Inc.,
are authorized by this Ordinance to use the Property for a Restaurant/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.
C. Any outdoor space or patio must be physically connected to the main dining room through a door or
other passageway providing ingress and egress by customers between the main dining room and the
outdoor space or patio.
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SECTION 3. 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 4. 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 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 Zoning Regulations, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION & Any person, firm orcorporation 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 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 12- DAY OF JUNE 2018.
APPROVED AS TO FORM:
Pet mith, City Attorney
ob1531/18 W816)
APPROVED:
Lk
StephefTerrell, MAYOR
ATTEST:
Shelley B. Ge TRMC, City Secretary
Ordinance No. 3582-618, Page 2
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EXHIBIT "A"
SUP SITE PLAN
Ordinance No. 3582-6-18, Page 3