R-381-2-82RESOLUTION NO. 381-2-82(R)
A RESOLUTION OF THE CITY OF ALLEN, TEXAS, DETER-
MINING THE EXISTENCE OF A PUBLIC NECESSITY REQUIRING
THE IMPOSITION OF A 90 DAY MORATORIUM, DURING WHICH
NO PERMIT FOR CONSTRUCTION OR CERTIFICATE OF OCCUPANCY
FOR USE OF AN ARCADE SHALL BE ISSUED; PROVIDING FOR
IMPOSITION OF SUCH 90 DAY MORATORIUM, AND FOR EXTENSION
THEREOF, IF NECESSARY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission of
the City of Allen, initiated action to consider the
nature and described performance of the property use
of arcade and its compatibility with the uses permitted
in the various districts and has made recommendations
to the City Council to amend the Comprehensive Zoning
Ordinance No. 366-10-81 to provide a specific use of
arcade; and,
WHEREAS, the Planning and Zoning Commission, in
its deliberations, considered the nature and described
performance of the proposed use and its compatibility
with the uses permitted in the various districts under
the Comprehensive Zoning Ordinance, recommended that
such use of such property be classified as permitted
uses by right in the PD (Planned Development) zoning
district, and by specific use permit in the SC (Shopping
Center) zoning district; and,
WHEREAS, the Planning and Zoning Commission, upon
consideration of the matter, found and determined that
it is necessary, and in the public interest, and will
promote and protect the health, safety, and general
welfare of the city, and its citizens, to consider
regulations being established regarding the use of
arcade and to also consider additional regulations
regarding the use and operation of arcades within the
city; and,
WHEREAS, the Planning and Zoning Commission is
further of the opinion that it is in the best interest
of the City of Allen and its citizens to impose a 90
day moratorium, during which no permits shall be issued
for the construction of an arcade, and during which
no certificate of occupancy for use of any structure
as an arcade shall be issued. The purpose of such
Resolution No. 381-2-82(R)
Page 2
moratorium is to permit the City Council to enact
legislation which will further -protect and preserve
the public, health, safety, and welfare, by amending
the Comprehensive Zoning Ordinance to allow for the
use of arcades in the city during the adoption process.
NOW THEREFORE BE IT RESOLVED BY THE ALLEN CITY
COUNCIL:
SECTION 1. In an exercise of the police power
of the City of Allen and in order to promote and
protect the public health, safety, peace, and general
welfare of the city, and its citizens, all as more
fully set out above, there is hereby established and
imposed a moratorium during which no permit shall be
issued for the building of an arcade within the city.
There is further hereby established and imposed, a
moratorium during which no certificate of occupancy
shall be issued for the use and occupancy of any
structure within the city as an arcade.
SECTION 2. This moratorium shall become effective
beginning Friday, February 19, 1982.
SECTION 3. The City Council hereby finds and
determines the existence of a public necessity requiring
imposition of this moratorium.
SECTION 4. The City Council may, upon determination
that additional time is required to complete the adoption
process of the amendment to the Comprehensive Zoning
Ordinance, extend this moratorium for an additional
period of time found by the City Council to be necessary.
SECTION 5. During the period of this moratorium,
the City Council and City Staff shall work diligently
in the process of adoption of such amendment to the
Comprehensive Zoning Ordinance regarding arcades.
If such legislation is finally adopted prior to expir-
ation of this moratorium, the moratorium shall be
terminated as of the effective date of the legislation.
DULY PASSED AND APPROVED ON THE 18th DAY OF FEBRUARY, 1982.
APPROVED:
MAYOR M. B. Pierson
ATTEST:
I
CITY SECRETAR Marty Hendrix