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Home My WebLink AboutO-825-11-87ORDINANCE NO. P25-1 1-R7 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 502-4-84 SO AS TO AMEND THE SITE PLAN OF THE EXISTING 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 -SC NO. 4; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) 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 the exercise of its legislative discretion have concluded that the site plan for the "arcade" under Specific Use Permit, Ordinance No. 502-4-84, should be amended; 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 are of the opinion that the new location for the 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 have recommended approval of the amended site plan for the arcade located within 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.�y publication and otherwise, and after holding due hearings and affording 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 that Ordinance No. 502-4-84 should be amended; Ordinance No. 825-11-R7 - Page 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Ordinance No. 502-4-84 of the City of Allen, Texas, is hereby amended as follows: That the site plan attached as Exhibit "A" to Ordinance No. 502-4-84, be amended so as to allow for an arcade containing no more than fifteen (15) coin-operated skill and/or pleasure machines to be 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 situated in the City of Allen, Collin County, Texas, in the Rufus Sewell Survey, Abstract No. 875, known as the Allen Bowl Addition to the City of Allen, 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 One Thousand Dollars ($1,000.00) 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 declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 4. 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 Ordinance No. 225-11-87 - Page 2 ALLEN, TEXAS, ON THIS 5th DAY OF NOVEMBER , 1987. APPROVED: v - Donald P. Rodenbaugh,Mayor ATTEST: m �-a � �& V`- 1&32 �- Marty Hendrix, CIC , City Secretary APPROVED AS TO FORM: A. er, City At n y Ordinance No. 825-11-87 - Page 3 Exhibit "A" Attach. to Ord. 11502-4-84 Adopted: April 5, 1984 Allen Bowl 14. CRI 4 Rto M- — PLAY R00 ! j � f, _ IV- ou �FA �E ---- -- ---- jU'.0 OFFICt M trig P ALLEN 727-9108 101 1 S. GREENVILLE, ALLEN, TEXAS 75002 4 0 CAP ISO L.'..J VO oK b I -a db - ;^- N O LJ -J C -D LZ 101 1 S. GREENVILLE, ALLEN, TEXAS 75002 I I WQ044/d w DALLAS 248-0185 4 0 CAP ISO VO oK b I -a db V)l I I WQ044/d w DALLAS 248-0185 0 CAP oK b 4pw 4p qp 0 .0 -00'0 I I WQ044/d w DALLAS 248-0185 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared R. WAYNE NVEDGEWORTH, who having been by me duly �. . sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Teas, not ICs, frC(luCntly than once a .week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months prior to publishing NOTICE OF PUBLIC HEARING - Arcade, Allen Bowl of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 23, 1987 and which was issued on Sept. 23, 1987 of Collin County, Texas. A printed copy of said publicat SUBSCRIBED AND SWORN to before me this 13th Publisher's fee S 10.80 thle C1 is atta Helen 77 day of Octobery A.D. 19 87 Notary Public i and for Collin County, Texas CITY OF ALLEN V NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular Council meeting to be held on Thursday, October 15, 1987, at 7:30 p.m., in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, in order to consider' a request to amend the Specific Use Permit at the Allen Bowl in order to move the location of the 'existing'arcade within the facility located at 11011 S. Greenville, as requested by First Federal Savings & Loari of Hutchinson, Kansas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend 'this public hearing and voice their opinion. For further information, contact the Department of Community. Development, City of Allen, at .727-9171 or 424-7518 (metro). ' r Marty Hendrix, CMC, r CITY SECRETARY (TO BE PUBLISHED IN THE ALLEN 'AMERICAN ON WEDNESDAY, SEPTEM- IBER 23, 1987) AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE NIE, the undersigned authority, on this day personally appeared R. WAYNE WEDGEWORTH, N ho having been by me duly s\� orn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continuously for more than twelve nwnths prior to publishing Notice of PUblic Hearinq — Allen Bowl of kvhich the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on ber 21. 1987 and which was issued on October 21, 1987 the City oif 4len of Collin County, Texas. A printed cope of said publication is attac %re� SUBSCRIBED AND SWORN to before me this 18th ' day of "November A.D. 19 8 7 Publisher's fee S 12.60 Notary Publ c in and for Collin County, Texas NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City ;ouncil will conduct a public hearing on 'hursday, November 5,1987, at 7:30 p.m., i the Council Chambers of the Allen lunicipal Annex, One Butler Circle, Allen, exas, to consider a request to amend the ipecific Use Permit at the Allen Bowl int rder to move the location of the existingl rcade within the facility located at 1011 S. ireenville, as requested by First Federal savings and Loan of Hutchinson, Kansas. his public hearing was rescheduled from tctober 15, 1987 to November 5, 1987 ue to the fact that the appropriate zoning hange sign was not posted on the roperty. Anyone wishing to speak either FOR ort GAINST this request is invited to attend its public hearing and voice their opinion. For further information contact the epartment of Community Development t the City of Allen by telephoning 27-9171 or 424-7518 (metro). Marty Hendrix, CMC, CITY SECRETARY -O BE PUBLISHED IN THE ALLEN' RM 2R1 1 8 ON WEDNESDAY, OCTOBJ