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Home My WebLink AboutO-502-4-84ORDINANCE NO. 502-4-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 366-10-81 SO AS TO ALLOW A SPECIFIC USE PERMIT FOR AN ARCADE WITHIN A DESIGNATED AREA OF THE ALLEN BOWL SITUATED ON AN APPROXIMATE FOUR (4) ACRE TRACT OF LAND IN PD-SC4; PROVIDING A SAVING CLAUSE; PROVIDING INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen in the exercise of its legislative discretion have concluded that the use of "arcade" should be allowed only under a Specific Use Permit; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have concluded that the use of an arcade should be allowed only in a SC (Shopping Center) Zoning District; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have found this request to be consistent with zoning requirements; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen is of the opinion that the use of an arcade would be appropriate with an entertainment center such as a bowling alley; and, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen has recommended approval of a Specific Use Permit within a designated area of the Allen Bowl; and, 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 afforded 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 Ordinance No. 502-4-84 - Page 1 j that Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY I OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, Texas, is hereby amended as follows: That the zoning map of the City of Allen be amended so as to allow a specific use permit for an arcade containing no more than fifteen (15) arcade machines to be established, maintained and operated within a designated area (indicated more particularly herein in Exhibit "A" attached hereto and made a part hereof for all purposes) of the Allen Bowl, a bowling alley complex and establishment located in the city limits of Allen, Texas, said bowling alley (Allen Bowl) being presently situated on an approximate four (4) acre tract (described more particularly herein in Exhibit "B" attached hereto and made a part hereof for all purposes) located within PD -SC No. 4. SECTION 2. That 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. 366-10-81 of the City of Allen, Texas, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense. SECTION 3. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby delcares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 4. That in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this Ordinance. Ordinance No. 502-4-84 - Page 2 SECTION 5. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE .CITY COUNCIL OF THE CITY OF ALLEN, TEXAS ON THE 5TH DAY OF APRIL, 1984. APPROVED: M. B. Pierson, Mayor ATTEST: Marty Hendrix, Cit Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 502-4-84 - Page 3 , c Exhibit "A" ' u T i- 4- r%—.7 JL C A 7 A 0 A �rINIMG /kfk&-R 4 • . ww�Ji�� . , T .LL 10 �r•-l;;Srk3f :,yYC>•!,,-i _ 15 5::,•y 1" :.�{�•, � 7 ..y >. :1=1.1 {!•,•1. _. `moi, ; ,.; _ -;-� , •i,: �4 ��. �.+F�v p�g G Boo AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared J#ffX gX X J$)Tg)TNX who having by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on March 19, 1984 by City of Allen of Collin County, Texas. A printed copy of said publication is attlac hereto. SUBSCRIBED AND SWORN to before me this 4 t h Publisher's Fee $ 1J..;20 day of April A.D. 19 84 No ary Public in and for Collin County, Texas Dianne Kerr Commission Expires 10/14/87 CITY,OF ALLEN 3,Irr', NOTICE OF y PUBLIC HEARING ,Notice is hereby given that the Allen City Coun- cil, at 'their regular meeting on April 5, 1984, at 7:30 p.m., in the Coun- cil Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, will conduct 'a Public Hearing to con- sider a request for a Specific Use Permit by Allen Bowl, Inc. The request for a Specific Use Permit would allow the opera- tion of an Arcade in a designated area within the Bowling Alley. This tract of land being 4 acres - in the Rufus Sewell Survey, Abstract No.' 875; -!-located adja- cent to'State-Highway 5 and west of the Win- &idge Addition. ' `:A'nyone' Jvidtfi`hv r to - speak either FOR or AGAINST This request is invited to ,attend this public'heari6g acid voice their -opinion. If further information is needed„call the Allen Municipal-_ ; Annex, Department KofA Com= munity Development. at 727.91;71 -(Or, -424.7518 (Metro) and refer fo Zon, ing• aseU �-No. Z11-11.83.54. , - Marty Hendrix City Secretay (Published In the Allen American- on Monday, March 19, 1984.) I THE STATE OF TEXAS COUNTY OF COLLIN AFFIDAVIT AND PROOF OF PUBLICATION BEFORE ME, the undersigned authority, on this day personally appeared –JAC— ; .-zr�n^: , who having by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less quently than once a week, having a general circulation in said county, and having been published regularly and tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on by , of Collin County, Texas. A printed copy of said publication is a ached hereto: SUBSCRIBED AND SWORN to before me this 0 day of �-�� { 1`'► , A.D. 19 0 �� `/ Notary Public in and for Collin County, Texas Publisher's Fee $ 7`r o _�) ; AFFIDAVIT AND PROOF OF PUBLICATION THE+STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared Charlese�XGs F . Barnard, J r . TIX RX X $'QCT ,who having b ` y me duly sworn, on oath deposes and says: �That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less quently than once a week, having a general circulation in said county, and having been published regularly and ,tinuously for more than twelve months prior to publishing Public Notice i of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on /13/0 h x/16/84 and which was issued on 2/13/84 �by City o f Allen rented of Collin County, Texas. A printed copy of said publication is attache hereto. j I 4 • � �G SUBSCRIBED AND SWORN to before me this 7th da of March , A.D. 19 8 4 Publisher's Fee $ CITY bF ALLEN PUBLIC NOTICE Notice is hereby given that the public hearing scheduled by -the Allen City Council for 7:30 p.m. on FThursday,!; February 16, on a request by, Allen Bowl'f6r..a SpecifieUse Permit td "roperate an ar- cade, has been'cancelled since the request has been withdrawn at the re- quest of the -Allen Bowl. Marty Hendrix City Secretary (Published in the Allen American on Monday, Feb. 13, 1984 and Thurs. day, Feb. 16, 1984.) Notary Public in and for Collin County, Texas Dianne Kerr Commission Expires 10/14/87 6`CITY OF!ALLEN PUBLIC NOTICE Notice,is hereby given that`th6ublic hearing scheduled by" the 'Allen City Council for 7:30 p.m. on Thursday, February 16, on a request by Allen Bowl fora Specific Use -Permit to operate an ar- cade, has-been cancelled since the' request has been withdrawn at the re- quest of'the Allen Bowl. Marty Hendrix City Secretary (Published. in the Allen American goo -Monday, Feb. 13, 1984 and Thurs• day, Feb. 16, 1984.)' This Page is too large to OCR CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR /99 q ORDINANCE/RESOLUTION '50 DRAWING(S) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.