O-2995-2-11ORDINANCE NO. 2995-2-11
' 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. 117 FOR BEER AND WINE PACKAGE
SALES WITH GREATER THAN 50% REVENUE FROM BEER AND WINE FOR A
722 SQUARE FOOT PORTION OF A BUILDING LOCATED ON LOT 7A-1,
BLOCK A OF THE REPLAT OF LOTS 1-7, BLOCK A AND LOTS 1 & 2, BLOCK B,
THE VILLAGE AT ALLEN, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 190 E.
STACY ROAD, BUILDING 400, SUITE 405) PRESENTLY ZONED PLANNED
DEVELOPMENT PD 73 SHOPPING CENTER (SC); PROVIDING FOR SPECIAL
CONDITIONS; ADOPTING A FLOOR PLAN;PROVIDING A CONFLICTS
RESOLUTION CLAUSE; 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 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 fah
' 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 granting Specific Use Permit No. 117 for Beer and Wine Package Sales with Greater Than 50%
Revenue from Beer and Wine for a 722 square foot portion of a building located on Lot 7A-1, Block A of the
Replat of Lots 1-7, Block A and Lots 1 & 2, Block B, The Village At Allen, City of Allen, Texas (also
known as 190 E. Stacy Road, Building 400, Suite 405) ("the Properly") which is presently zoned Planned
Development PD 73 Shopping Center (SC) for To-Lo's Beer & Wine.
SECTION 2. The Specific Use Permit for Beer and Wine Package Sales with greater than 50% revenue
from beer and wine is hereby approved subject to the following special conditions:
A. That the Property shall be developed and used only in accordance with the Floor Plan
attached hereto as Exhibit "A" 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 fails to obtain and maintain all applicable licenses and permits from the State of
' Texas governing the sale 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 heroin.
SECTION 4. In the event of an irreconcilable conflict between the provisions of another previously adopted
' ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development
of the Property, the provisions of this Ordinance shall be controlling.
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 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
shall 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.
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 THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22" DAY OF FEBRUARY, 2011.
APPROVED:
Stephen well, MAYOR it
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, TRMC, CITY SECRETARY
Ordinance No. 2995-2-11 Page 2
I DOA IIIll Ik LYi
FLOOR PLAN
To-Lo's Bev & Wive
Village al Allen
190 E Stacy Road
Building 40O
Suite 405