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O-1558-12-97ORDINANCE NO. 1558-12-97 AN ORDINANCE OF THE CITY OF ALLEN, COILIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED DEVELOPMENT' NO. 1 BY APPROVING A SPECIFIC USE PERMIT AND SITE PIAN FOR A TEEN CLUB ON THE FOLLOWING -DESCRIBED TRACT OF LAND: SUITES 220 AND 230 OF THE ALLEN HEIGHTS SHOPPING CENTER, AN ADDITION OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 'F SITE PLAN; PROVIDING FOR EXHIBIT 'G' TERMS AND CONDITIONS; 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 should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, ' TEXAS, THAT: SECHON 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 amending Planned Development No. 1 by approving a specific use permit for a teen club, with site plan and terms and conditions on the following - described tract of land: Suites 220 and 230 of the Allen Heights Shopping Center, an Addition of the City of Allen, Collin County, Texas. SECTION 2: The property described above shall be used in the manner and for the purposes provided for as approved herein. SECTION 3: The approved site plan attached hereto as Exhibit "F' and the terms and conditions attached hereto as Exhibit "G" are made a part hereof for all purposes and shall be adhered to in their 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTIONS: 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 One not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 6: 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 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 (mown the affected parts would be held unconstitutional. ' SEC ION 7: This ordinance shall take effect with the issuance of the Certificate of Occupancy for a teen club. 7 DULY PASSED AND APPROVED BY THE CTTY COUNCH.OF THE CITY OF AUT.EN, TEXAS, ONTHE 4TH DAYOF DECEMBER .1997. F.W—WITOVA—ZA- APPROVED AS TO FORM: ATTEST% Ic G ��w i�.??eiaalall'arc. �!a :T-i�l'.1'�l1!l �'riT•t'iTi'.�"i�NTC�NYII Y�L.-3�J�✓c�� Ordinance No. 1558-12-97 Page 2 TERMS AND CONDITIONS OF OPERATION ATTACHED TO SPECIFIC USE PERMIT FOR A TEEN CLUB AT 1201 E. MAIN STREET, SUITES 220 AND 230. 1. Hours of operation shall be: not prior to 3:00 p.m. on any day that is within the regular school year calendar, and closing 1 hour before City of Allen curfew. 2. Security personnel shall be provided at a minimum of Friday and Saturday evenings during hours of operation, with concentration on the parking lot area. 3. Capacity shall be limited to 175 persons. 4. The facility may be used for lock -ins that are contracted with a single, outside group; i.e., churches, church youth groups, girl scouts, etc. Lock -ins shall commence no earlier than the regular closing time of the normal operation, and shall be terminated no later than 8:00 a.m. the following morning. 5. The Specific Use Permit shall become effective with the issuance of the Certificate of Occupancy for a teen club, and shall expire one year from the date of the issuance of the ' Certificate of Occupancy, or with vacation of the premises by a teen club. The Specific Use Permit shall be renewable at the option of the City Council, after review. ORDINANCE NO. 1558-12-97 E3CMrr "'W ' SPECIFIC USE PERMIT TEEN CLUB TERMS AND CONDITIONS OF OPERATION ATTACHED TO SPECIFIC USE PERMIT FOR A TEEN CLUB AT 1201 E. MAIN STREET, SUITES 220 AND 230. 1. Hours of operation shall be: not prior to 3:00 p.m. on any day that is within the regular school year calendar, and closing 1 hour before City of Allen curfew. 2. Security personnel shall be provided at a minimum of Friday and Saturday evenings during hours of operation, with concentration on the parking lot area. 3. Capacity shall be limited to 175 persons. 4. The facility may be used for lock -ins that are contracted with a single, outside group; i.e., churches, church youth groups, girl scouts, etc. Lock -ins shall commence no earlier than the regular closing time of the normal operation, and shall be terminated no later than 8:00 a.m. the following morning. 5. The Specific Use Permit shall become effective with the issuance of the Certificate of Occupancy for a teen club, and shall expire one year from the date of the issuance of the ' Certificate of Occupancy, or with vacation of the premises by a teen club. The Specific Use Permit shall be renewable at the option of the City Council, after review. IF II r T N K ym9 tr W Z } � a P U P W U' 6 s Q Po w¢ rcx F6 Qa W j a Ll W £ M y Ff r T N ym9 tr � a •_• m Q 2. c W j a Ll W £ M y Ff 3 U$ Y ® LI/ IsIQ 21 0 LU