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O-1148-12-92ORDINANCE NO. 1148-12-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY AMENDED, BY ATTACHING A SPECIFIC USE PERMIT FOR AN ARCADE WITH SITE PLAN AND FLOOR PLAN APPROVAL AT 410 NORTH GREENVIL F AVENUE, SUITE 114, IN THE PEBBLEBROOK VILLAGE ADDITION TO THE CITY OF ALLEN, COLLIN COUN'T'Y, TEXAS, PRESENTLY DELINEATED ON THE OFFICIAL ZONING MAP AS PLANNED DEVELOPMENT -SHOPPING CENTER NO. 6; PROVIDING FOR THE CONDITION THAT THE SPECIFIC USE PERMIT BE REMOVED AND SHOPPING CENTER USES REINSTATED AUTOMATICALLY WHEN THE PROPERTY IS VACATED OR OWNERSHIP CHANGES; PROVIDING FOR NO SMOKING WITHIN THE FACILITY; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $2,000.00 FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, 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, WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen have held 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, 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 Comprehensive Zoning Ordinance No. 829-11- 87, as previously amended, should be amended by attaching a specific use permit with site plan and floor plan approval for an arcade in Suite 114, 410 North Greenville Avenue, in the Pebblebrook Village Addition to the City of Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Planned Development -Shopping Center No. 6; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: That Comprehensive Zoning Ordinance No. 829-11-87, as previously amended, is hereby amended by attaching a specific use permit with site plan and floor plan approval at 410 North Greenville Avenue, Suite 114, in the Pebblebrook Village Addition to the City of Allen, Collin County, Texas, presently delineated on the Official Zoning Map as Planned Development -Shopping Center No. 6. SECTION 2: That the Specific Use Permit is allowed upon the following conditions: 1) that it be removed and the shopping center uses reinstated automatically when the property is vacated or ownership changes; and, 2) that no smoking shall be allowed within the facility. SECTION 3: That all ordinances of the City of Allen in conflict with the provisions of this ordinance 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. SECTION 4: That the above-described tract of land shall be used in the manner and for the purposes provided for by the attachment of Exhibit "C," Site Plan, and Exhibit 'D," Floor Plan, restricting Suite 114, 410 North Greenville Avenue, in the Pebblebrook Village Addition to the City of Allen, Collin County, Texas, to an arcade until the existing tenant vacates the premises, the business is sold to another party, or the specific use permit is revoked because of conditions of public nuisance for loitering or truancy problems. SECTION 5: 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. 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 6: That it appears the above-described property requires site plan approval in order to permit its proper development and, in order to protect the public interest, comfort and general welfare of the City of Allen, creates an urgency and an emergency for the preservation of the public health, safety and welfare, and requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 3rd DAY OF December, 1992. APPROVED AS TO FORM: n row , CITY ATTORNEY APPROVED: 4e 1(� �4__' *_ � � Me Farmer, MAYOR ATTEST. F 7, Y, 0 11 _W=I� J 1, N. I - I - - � 0 Ordinance No. 1148-12-92 Page 2 SITE PLAN PEBBLEBROOK VILLAGE SHOPPING CENTER Ordinance No. 1148-12-92 ' Enhibit "C" 1 I s "EXHIBIT C" SITE PLAN 'Mre Nwr. No 5 PGCDLGD2001G VILLI.CE .burr iYw� i i s "EXHIBIT C" SITE PLAN 'Mre Nwr. No 5 PGCDLGD2001G VILLI.CE .burr iYw� ;••� '� SMOUR � �n ruiam atnuo..snrm 11 W �P- VI MID GAM' E's H Y Li, Wry a F+SpjAw Not- TIvue-ls 3-,Y,7 VJ f +h 15 F+ 13GA-WEE:W, EACK Gswne ALL V POOL TAS e L Ordinance No. 1140-12-92 EHhibit "ON POOL SOTA N,)P&h- C' - W; -VK 6tF+ '5()A,e-a 16M* E WEE -1j, T#eM,, �HIBIT "D' OOR AN a 1 . 1 ..If Ordinance No. 1148-12-92 DISTANCE MEASUREMENTS a A o -go Sohoo L L, Ai6 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager 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 continously for more than twelve (12) months prior to publishing Pebblebrook Village of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, November 11, 1992 _ and which was issued on November 1 1 , 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this /% day of dkC_,,A.D. 19 9--U V. A. TODD My COMMISSION EXPIRES !; tuoDecember 5, 1990 Publisher's fee $ 15.75 in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Public notice is hereby given that the Aller City Council will conduct a public hearing a' their regular meeting to be held on Thurs- day. December 3. 1992 at 7 30 p m in the Council Chambers of the Allen Municipal Annex, One Butler Circle. Allen. Texas. tc consider a request for a Specific Use Per- mit for an arcade to be located at Pebble - brook Village Shopping Center. 410 N Greenville Avenue, Suite 114. by Donald Ray White representing Sunbelt Savings Association. This request is on approximately 2 092 acres known as Pebblebrook Village, Phase I'in the Peter Wetsel Survey. Ab, stract No. 990. City of Allen. Collin County; Texas 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 Depart- ment of Community Development. -City of Allen, One Butler Circle. Allen. Texas, or by' Itelephoning 727-0120. s Judy Morrison i City Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBB TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper publ COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circ) said county, and having been published regularly and continously for more than twelt months prior to publishing Ordinance #1148-12-92 of which the attached is a true and written copy, and which was published in THE A AMERICAN on Wednesdav Decemb and which was issued on by City of Allen A printed copy of said publication is attached hereto. of COLLIN COUNTY, T SUBSCRIBED AND SWORN to before me this. day of �� A.D. 19_12, V. A. TODD MY COMMISSION EXP Rl December 5,19M PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $45.00 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, December 3, 1992 (Title and Penalty Clause only): Ordinance No. 1148-12-92 An Ordinance of.the City of Allen, Collin County, Texas, Amending Comprehensive Zoning Ordi= nance No. 829-11-87, as Previously t Amended, by Attaching a Specific Use Permit for an Arcade with Site Plan and Floor Plan Approval at 410 North Green= ville Avenue, Suite 114, in the Pebblebrook Village Addition to the City of Allen, Collin County, Texas, Presently Delineated on the Official Zoning Map as Planned Development -Shopping Center No. 6; Pro- viding for the Condition that the Specific Use Permit be Removed and Shopping Center Uses Reinstated Automatically When the Property is Vacated or Owner-' ship Changes: Providing for No Smoking Within the Facility; Providing for a Penalty of Fine Not to Exceed the Sum of $2,000.00 for each offense, and Providin for an Effective Date. L That any person, firm or corporation violat- ing any of the provisions or terms of this ordinande shall be subject to the same penalty as provided for in Comprehensive' Zoning Ordinance No 829-11-87 of the City of Allen, as heretofore amended, and upon conviction shall be punished by a fine , not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. ' A copy of this ordinance may be read or -- purchased in the office of the City Secret-" ary, City of Allen, One Butler Circle, Allen, Texas 75002 —' si Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE JNotice is hereby given that the Allen Citv Council adopted the following ordinance at their regular meeting held on Thursday. December. 3 1992 (Title and- Penalty-• Clause only) Ordinance No 1148-12-92, An Ordinance of'the City of Allen. Collin County. Texas Amending Comprehensive Zoning Ordi- nance Nc 829-11-87. as Previously Amended. by Attaching a Specific Use Permit for an Arcade with Site Plan and Floor Plan Approval at 410 North Green- ville Avenue. Suite 114. in the Pebblebrook I Village Addition to the City of Allen Collin County Texas Presently Delineated on the Official Zoning Map as Planned I Development -Shopping Center No 6'Pro- viding Pro-viding for the Condition that the Specificl Use Permit be Removed and Shopping Center Uses Reinstated Automatically Wheri the Property is Vacated or Owner - I ship Changes. Providing for No Smoking Within the Facility. Providing for a Penalty of Fine Not to Exceed the Sdm of $2.000 00 for each offense, and Providing for an Effective Date That any person. firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No 829-11-87 of the City of Allen. as heretofore amended. and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2.000 00) for each offense A copy of this ordinance -may be read or purchased in the office of the City Secret- ary. ary. City of Allen. One Butler Circle. Allen. Texas 75002 I s Judy Morrison City Secretary t