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O-1605-6-98ORDINANCE NO. 1605-6-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY APPROVING SPECIFIC USE PERMIT NO. 58 FOR A RESTAURANTIPRIVATE CLUB ON THE FOLLOWING -DESCRIBED TRACT OF LAND: A PORTION OF LOT 1B OF THE GREENWAY-ALLEN RETAIL ADDITION, ALSO KNOWN AS 533 W. MCDERMOTT DRIVE, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" FLOOR PLAN; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. 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 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 Comprehensive Zoning Ordinance No. 1425-5-96, as previously amended, should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be and the same is hereby amended by approving Specific Use Permit No. 58 for a restaurant/private club for a portion of Lot 1B of the Greenway -Allen Retail Addition, City of Allen, Collin County, Texas, also known as 533 W. McDermott Drive, Allen, Texas. SECTION 2: The property described as a portion of Lot 1B of the Greenway -Allen Retail Addition, also known as 533 W. McDermott Drive, City of Allen, Collin County, Texas, shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The floor plan, attached hereto as Exhibit "A" and made a part hereof for all purposes, shall be adhered to in its entirety. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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: The above-described tract of land shall be used in the manner and for the purposes as provided for by Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as heretofore amended. SECTION 6: 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, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 7: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or P 1 decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. 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 ordained. DULY PASSED AND APPROVED BY TIIE CITY COUNCILOF THE CITY OF ALLEN, TEXAS, ONTHE 4TH DAYOF JUNE 11998. Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTFST: y,Te,:c:3i(N30=2M- NO t N -1b .NC DI OrdinanceNo. 1605-6-98 Page 2 r iJ 9vX31 N3lT+ a31N3J ,Iv13J N311V 1Nvz!mv1S3a ov-jx3w Ordinance No. 1605-6-98 6.bibil 'A'