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O-2062-6-02ORDINANCE NO. 2062-&02 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 92 FOR A RESTAURANT WITH PRIVATE CLUB FOR PROPERTY ZONED PLANNED DEVELOPMENT NO. 54, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR APPROVING OF THE FLOOR PLAN AND SITE PLAN ATTACHED HERETO AS EXHIBITS "B" AND "C" RESPECTIVELY; 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 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 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 Specific Use Permit No. 92 fm a Restaurant with Private Club subject to special conditions for property zoned Planned Development No. 54 described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The Specific Use Permit for restaurant with private club is hereby approved subject to the following special conditions: A. That the property shall be developed and used only in accordance with the Site Plan and Floor Plan attached hereto as Exhibits "B" and "C" respectively, and made part thereof for all purposes, and which are hereby approved. B. This Specific Use Permit automatically terminates in the event the owner, occupant or operator of the restaurant and private club fails to obtain and maintain all applicable licenses and permits from the State of Texas governing the sale and/or service of alcoholic beverages on the property. SECTION 3. 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 4. 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. SECTION 5. 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 fume 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, 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 "I 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. SECTIONS. 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 25'rrDAY OF JUNE, 2002. APPROVED: te� errell, hWfAYW ' APPROVED AS TO FORM: ATTEST: Peter GPeter G. Smith, Judy Mo n, CMC/AAE, CITY SECRETARY Ordinance No. 2062-6-02. Page 2 J EXIBIT "A" LEGAL DESCRIPTION Tract IV Being lot 5R, Block D, Lots 1R, 3R1, 4R, 5R, 14, 15, and 16 of BRAY CENTRAL ONE ADDITION, an Addition to the City of Allen, COLLIN County, Texas, according to the Replat thereof recorded in Cabinet M, Slide 138, Map Records, COLLIN Comty, Texas, located at 109 Cental Expressway North, Suite 501. Ordinance No. 2062-6-02, Page 3 1 I Exhibit -W - Floor Plan Ordinance No. 2062-6-02. Page 4 II EXHIBIT "C" - Site Plan 109 Central Expressway North, Suite 601 ` / TWIN CREEKS VILLAGE ® K Ordinance No. 2062-6-02, Page 5