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O-1795-1-00ORDINANCE NO. 1795-1-00 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR RESTAURANT/PRIVATE CLUB WITH SPECIAL CONDITIONS FOR THE PROPERTY LOCATED AT SUITE 5, LOT 4, BLOCK A, THE ALLEN VILLAGE SHOPPING CENTER, ZONED PLANNED DEVELOPMENT NO. 26 FOR SC -SHOPPING CENTER DISTRICT USES; PROVIDING A REPEALING 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 of the City of Allen, Texas, 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 fav 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, Texas, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting Specific Use Permit No. 70 for Restaurant/Private Club with special conditions for the property located at suite 5, Lot 4, Block A, Allen Village Shopping Center, zoned Planned Development District No. 26 for Shopping Center District uses. SECTION 2. That the Specific Use Permit for Restaurant/Private Club is hereby approved subject to the following special conditions: 1. The issuance and maintenance of applicable licenses and permit governing the sale of alcoholic beverages on the premises by the State of Texas; 2. The specific use permit shall terminate unless within six (6) months after the passage of this ordinance, a certificate of occupancy is issued for the restaurarn/private club and the State of Texas has issued the applicable licenses and permits for the sale of alcoholic beverages on the premises. If such time limit expires, the procedures in Section 2.06A of the Comprehensive Zoning Ordinance must be followed to renew or obtain a new specific use permit for restaurant/private club. SECTION 3. That 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, Texas, 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 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. 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. That 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 m 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, Texas, 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. 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, Texas, 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 6TH DAY OF JANUARY, 1000. APPROVED: Stephen erre8, MAYOR APPROVED AS TO FORM ATTEST: Peter G. Smith, CITY%TTORNEY Jbdy Mo6ison, CMC/AAE, CITY SECRETARY Ordinance No. 1795-1-00 Page 2