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O-1865-8-00ORDINANCE NO. 1865-8-00 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ORDINANCE NO. 1845400 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING SPECIFIC USE PERMIT NO. 80 FOR RESTAURANT WITH PRIVATE CLUB WITH SPECIAL. CONDITIONS FOR THE PROPERTY ZONED PLANNED DEVELOPMENT NO. 54, BEING 1.2145 ACRES, LOT 16, BLOCK D OF BRAY CENTRAL ADDITION, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXMIT "A" ATTACHED HERETO; PROVIDING FOR APPROVING OF THE SITE PLAN, BUILDING ELEVATIONS AND FLOOR PLAN ATTACHED HERETO AS EXHIBITS "B", "C" AND "D" 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 Allen Land Development Code Ordinance No. 1845-"0 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, Ordinance No. 1845-6-00 and Zoning Map, of the City of Allen, Texas, be amended by amending Planned Development No. 54 by granting Specific Use Permit No. 80 for a Restaurant with Private Club with special conditions for 1.2145 acres, Lot 16, Block D, Bmy Central One Addition, City of Allen, Collin County, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The Specific Use Permit for RestauranuPrivate Club is hereby approved subject to the following special conditions: The issuance and maintenance of applicable licenses and permits 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 restaurant/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 4.06 of the Allen Land Development Code must be followed to renew or obtain a new specific use permit for restauranUprivate club; and F7 L � J 3. The property shall be developed and used only in accordance with the Site Plan, Building Elevations and Floor Plan attached hereto as Exhibits "B", "C" and "D" respectively, and made part thereof for all purposes, and which are hereby approved. 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 force and effect. SECTION & 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 shall be subject to the same penalty as provided for in Allen Land Development Code Ordinance No. 1845-6-00 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 ordamed. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 17rrr DAY OF AUGUST, 2000. APPROVED: Stephenvferrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITY ATTORNEY Juify Madison, CMC/AAE, CITY SECRETARY Ordinance No. 1 R.;S..R..no Page 2 EXHIBIT "A" ORDINANCE NO. 1865-8-00 1.2145 acres of land, being Lot 16, in Block D, of Bray Central One Addition, an Addition to the City of Allen, Texas, according to the Map Records of Collin County, Texas. QIN "li,al l�tl Ilft 1.1°1 ^M�d I�I lelll li ISI `�13I —_;��'�'wl� �n '1e. -11e �I ✓CPN++'�pi Z Q F m L�' p , I�!•;a4,11i11i!le e e ill ! 91 IF Illi Ei �1 ? lu!� e 1 Ia L u On ZIGIM .....l- . .... .. r ISI 11 �7 I I i.'..||', �• i , ow ; \ C� L �o I Ij i 6. 61 �, 1'116114 , 1161 �s Wig i1 �1!Ilii11 ,.�'.6 l le lij!;?' 1 1 -- el IilllilE4 lel aalal