O-679-2-86ORDINANCE NO. 679-2-86
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
366-10-81, BY AMENDING SECTION 2.10 TO INCLUDE DEFINITIONS
FOR PRIVATE CLUBS AND RESTAURANT/PRIVATE CLUBS;
AMENDING THE SCHEDULE OF USES TO INCLUDE
RESTAURANT/PRIVATE CLUBS; AMENDING SECTION 3.01 BY
AMENDING LEGEND AND ESTABLISHING GEOGRAPHIC LOCATIONS;
REPEALING AND READOPTING SECTION 2.06 ESTABLISHING
CRITERIA FOR EVALUATION OF SPECIFIC USE PERMITS, AND
ESTABLISHING SEPARATE CRITERIA FOR EVALUATING AND
REGULATING SPECIFIC USE PERMITS FOR PRIVATE CLUBS AND
RESTAURANT/PRIVATE CLUBS; PROVIDING FOR A PENALTY;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and City Council, after study,
are of the opinion that regulation and operational procedures should be considered in
the evaluation of the requests for private clubs or restaurant/private clubs for
protection of the health, safety and welfare of the community; and,
WHEREAS, the Planning and Zoning Commission and City Council have held a
joint workshop session to consider such regulations and operational procedures; and,
WHEREAS, the Planning and Zoning Commission and City Council instructed
city staff to incorporate their findings into an ordinance amending Comprehensive
Zoning Ordinance No. 366-10-81; and,
WHEREAS, the Planning and Zoning Commission and City Council have for the
purpose of receiving public input, called a joint public hearing of the Planning and
Zoning Commission and City Council to consider such amendments; and,
WHEREAS, pursuant to a final recommendation, a joint public hearing was held
after notice was published in a paper of general circulation in the City of Allen at least
fifteen (15) days prior to such hearing date in accordance with Article 1011d VARCS;
and,
WHEREAS, following said public hearing, the Planning and Zoning Commission
did review all testimony and requests; and,
Ordinance No. 6 7 9- 2- 8 6- Page 1
WHEREAS, the Planning and Zoning Commission recommended adoption of the
proposed amendments to Comprehensive Zoning Ordinance No. 366-10-81, and
recommended its adoption; and,
WHEREAS, the City Council of the City of Allen, Collin County, Texas, after
review of the Planning and Zoning Commission recommendation, found such
recommendations to be in the best interest of the public.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE
CITY OF ALLEN, TEXAS:
SECTION 1. That Section 2.10, Definitions, paragraph No. 92, of Ordinance
No. 366-10-81 be, and the same is hereby amended so as to hereafter provide as
follows, to -wit:
"92. Private Club - An establishment providing social facilities, as well as
alcoholic beverage service, to an association of persons who by
membership fall under the provision of the Texas Alcoholic Beverage
Code; allowed only by the issuance and provisions established in Section
2.06, Specific Use Permits, and confined within described geographical
locations. Dining facilities may be provided as an incidental use to the
social facilities of such an establishment.
Restaurant/Private Club - An establishment providing social and dining
facilities, as well as alcoholic beverage service, to an association of
persons, who by membership fall under the provisions of the Texas
Alcoholic Beverage Code; allowed only by issuance and provisions
established, in Section 2.06, Specific Use Permits, and confined to
geographical locations allowing Private Clubs, and those zoning districts
authorized under the Schedule of Uses by the indication of "S". The
social facilities and alcoholic beverage service are incidental uses to the
dining facilities."
SECTION 2. That the Schedule of Uses of Ordinance No. 366-10-81 shall be
amended to include Restaurant/Private Clubs and that Private Clubs shall be restricted
to geographic locations between State Highway 121 and Ridgeview Drive, between
Highway 75 and Watters Drive, contiguous Light Industrial or Office Districts of 30 or
more acres, or in a country club, as described in Section IV of this ordinance.
SECTION 3. That the language in Section 2.06 of Ordinance No. 366-10-81
be, and the same is hereby repealed so as to hereafter provide as follows, to -wit:
112.06 SPECIFIC USE PERMITS - Requests for Specific Use Permits for those
uses other than Private Clubs and Restaurant/Private Clubs indicated by
'IS" in the Schedule of Uses given in the Appendix to this ordinance
should utilize the criteria established in Section A. Requests for
Specific Use Permits for Private Clubs and Restaurant/Private Clubs
should utilize the criteria specified in Section B. The City Council by an
affirmative vote may, after public hearing and proper notice to all
parties affected, in accordance with State law, and after
Ordinance No. 6 7 9- 2- 8 6 - Page 2
recommendations from the Planning and Zoning Commission that the use
is in general conformance with the Comprehensive Plan of the City, and
containing such requirements and safeguards as are necessary to protect
adjoining property, authorize the granting of a Specific Use Permit.
A. Other than Private Clubs and Restaurant/Private Clubs:
1. All applications for Specific Use Permits shall be accompanied by a
site plan drawn to scale and showing the general arrangement of
the project, together with essential requirements such as off-street
parking facilities; size, height, construction materials, and
locations of buildings, and the uses to be permitted; location and
construction of signs; means of ingress and egress to public streets;
the type of visual screening such as walls, plantings, and fences;
and the relationship of the intended use to all existing properties
and land uses in all directions to a minimum distance of two
hundred (200) feet.
2. In recommending that a Specific Use Permit for the premises under
consideration be granted, the Planning and Zoning Commission
shall determine that such uses are harmonious with and adaptable
to buildings or structures and uses of abutting property and other
property in the vicinity of the premises under consideration, and
shall make recommendations as to requirements for the paving of
streets, alleys, and sidewalks, means of ingress and egress to public
streets, provisions for drainage, adequate off-street parking,
protective screening and open space, heights of structures, and
compatibility of building.
3. In granting a Specific Use Permit, the City Council may impose
conditions which shall be complied with by the owner or grantee
before a Certificate of Occupancy may be issued by the Building
Official for use of the building on such property pursuant to such
Specific Use Permit; and such conditions precedent to the granting
of a Certificate of Occupancy, but shall be construed as conditions
precedent to the granting of the Certificate of Occupancy.
4. The Board of Adjustment shall not have jurisdiction to hear,
review, reverse, or modify any decision, determination, or ruling
with respect to the granting, extension, revocation, modification or
any other action taken relating to such Specific Use Permit.
5. When the City Council authorizes granting of a Specific Use
Permit, the Zoning Map shall be amended according to its legend to
indicate that the affected area has conditional and limited uses,
said amendment to indicate the appropriate zoning district for the
approved use and suffixed by a "-S" designation.
B. Private Clubs and Restaurant/Private Clubs:
1. Geographic Locations
a. Private Clubs must, and Restaurant/Private Clubs may, be
located between State Highway 121 and Ridgeview Drive,
between Highway 75 and Watters Drive, contiguous Light
Industrial or Office District of 30 or more acres, or in a
country club.
b. Restaurant/Private Clubs may also be allowed in the
following use districts:
1. CBD (Central Business District)
2. GB (General Business)
Ordinance No. 6 79 - 2 - 8 6 - Page 3
3. SC (Shopping Center) at intersections of two major
thoroughfares whose right-of-way requirements are 80
feet or more.
4. O (Office) District with contiguous 30 or more acres.
5. LI (Light Industrial) District with contiguous 30 or more
acres.
6. PD (Planned Development)
C. Private Clubs or Restaurant/Private Clubs must be located
three hundred (300) feet or more from any single family
residentially zoned district, the property line of a public or
parochial school, or the front door of any nonprofit or not for
profit hospital or church. This distance shall be measured by
applicable state law measuring standards.
2. Operational Regulations
a. A Private Club or a Restaurant/Private Club may provide
inside service only and no drive-in curb service, drive-through
service or service of any kind outside of the building.
b. Serving bars in Private Clubs or Restaurant/Private Clubs
shall not be visible to the outside public from the closest
street right-of-way.
C. Any club or lounge room shall be designed such that patrons
can only enter from an area within the primary use; i.e.,
lobby, waiting area, dining room, etc. Emergency exits
direct to the outside are permitted.
d. There shall be no exterior signs advertising the sale of
alcoholic beverages, provided this does not prohibit using
established trademark names; i.e., Steak and Ale.
e. Gaming devices such as billiard and pool tables shall not be
allowed in a Private Club or a Restaurant/Private Club.
Other coin operated skill and/or pleasure machines will be
allowed as an incidental use under provisions of the Arcade
ordinance.
f. The food preparation and storage area for the
Restaurant/Private Club must comprise a minimum of fifteen
(15) percent of the square footage of the building occupied by
the club.
g. The Specific Use Permit for a Private Club or
Restaurant/Private Club at the option of the City shall be
subject to an annual review, and should the City act
affirmatively to revoke or suspend the Specific Use Permit,
the Mayor shall advise the Texas Alcoholic Beverage
Commission or administrators of the action taken, and
request cancellation of the state permit to serve alcoholic
beverages.
h. After notice and public hearing, the City Council may
suspend or revoke a Specific Use Permit for Private Clubs or
Restaurant/Private Clubs for failure to meet the
specifications of this ordinance or any other ordinance.
i. Private Clubs and Restaurant/Private Clubs may serve
alcoholic beverages only between 11:00 a.m. and 12 o'clock
midnight, Monday through Saturday, and 12 o'clock noon and
12 o'clock midnight on Sunday. Late hours permits available
Ordinance No. 6 7 9- 2- 8 6- Page 4
3.
4.
under State law will require an amendment to Specific Use
Permit.
Site Plan and Interior Design
a. A Site Plan shall accompany all applications for Private
Clubs and Restaurant/Private Clubs. Site Plans shall contain
the appropriate following elements:
1. Prior to the issuance of any building permit, there shall
be submitted to the Planning and Zoning Commission
for its approval a Site Plan drawn to scale of not less
than 1" = 200 feet and with six (6) copies. The scale
and number of copies shall be that deemed necessary by
the City of Allen.
2. The Site Plan shall show but not be limited to, the
arrangement of the proposed involvements in detail,
together with the essential requirements such as
parking facilities, location of buildings and other
structures, means of ingress and egress, areas to be
landscaped, together with any other requirements
provided by the Zoning Ordinance, or other valid
'ordinance of the City of Allen.
3. The Planning and Zoning Commission consideration
shall include paving and layout of streets, alleys, and
sidewalks; means of ingress and egress; provisions for
drainage; parking spaces; protective screening and open
spaces; areas designated for landscaping; and any other
aspect contained in this ordinance or any other
ordinance adopted hereunder.
4. Zoning on adjacent properties up to 300 feet as
measured by state law.
b. A Private Club or Restaurant/Private Club shall submit a
floor plan including location of all waiting areas reflecting
the appropriate number of seats, kitchen, storage and serving
areas for all food and alcoholic beverages, and dance floor.
C. An artist's rendering for the proposed Private Club or
Restaurant/Private Club which shows initial landscaping,
signs, front elevations on all four sides, and all exterior
features.
d. A sign layout shall be required that reflects size, location,
wording, material, color, lighting and any other requirement
deemed necessary by Council.
e. The City may impose additional requirements over and above
those listed in this ordinance which the City Council
determines, at the time of granting the Specific Use Permit,
are necessary to protect and provide for the health, safety,
and general welfare of the community.
Food/Beverage Ratio
a. Revenues from the sale of alcoholic beverages in a
Restaurant/Private Club shall not exceed thirty (30) percent
of the gross revenues derived from the sale of food and
beverages. In hotels and motels, the gross receipts shall
include all restaurant and club operations in the facility, as
well as room rental charges. The City shall be provided with
copies of appropriate reports submitted to state agencies
within thirty (30) days of the end of each quarter. Also, any
Ordinance No. 6 7 9- 2- 8 6- Page 5
other information that may be required by the City to
determine the alcoholic beverage/food ratio shall be
submitted within thirty (30) days of the end of each quarter.
The City may audit the average of combined sales as
reflected on these reports for the last two quarters to
determine if the sale of alcohol exceeds the maximum
allowed percentage specified for an average of two
consecutive quarters. The Restaurant/Private Club shall
have two more consecutive quarters to bring the average
ratio into compliance with City ordinance. If at the end of
two additional quarters, the ratio is still not in compliance
with City ordinance, the Council after notification and
hearing may revoke the Specific Use Permit.
5. Minimum Seating
a. The permitted Private Club shall contain a designated
minimum of eighty (80) seats allowing a minimum of 15
square feet per chair. If a booth space is used in meeting the
minimum eighty (80) dining seats, no more than one space per
24 inches of bench length shall be used to satisfy the seating
requirement.
b. The permitted Restaurant/Private Club shall contain a
designated minimum of fifty (50) seats allowing a minimum
of 15 square feet per chair. If a booth space is used in
meeting the minimum fifty (50) dining seats, no more than
one space per 24 inches of bench length shall be used to
satisfy the seating requirement."
SECTION IV:
A. That Section 3.01, Use and Areas, of Ordinance No. 366-10-81 is hereby
amended to include an additional classification in Legend for
interpreting Schedule of Uses and additional language; to -wit:
"(C) designates subjection to additional criteria. Example:
Restaurant/Private Club allowed in Shopping Center Zoning Districts at
Major Intersections of Two Thoroughfares with Proposed 80 foot or more
richt-nf-wAv_
B. The Schedule of Uses is hereby amended to allow the use, by Specific
Use Permit only, of Private Club or Restaurant/Private Club in specific
geographic locations as herein described.
1. Corridor between Highway 121 and the proposed Ridgeview Drive
(as delineated on the approved thoroughfare plan or as modified by
City Council).
2. Corridor between Highway 75 and Watters Drive (as delineated on
the approved thoroughfare plan or as modified by City Council).
3. Light Industrial of Office Districts containing 30 or more
contiguous acres.
4. Country Club."
SECTION V: All ordinances of the City of Allen in conflict with the
provisions of this ordinance shall be, and the same are hereby repealed; provided,
Ordinance No. 6 7 9- 2- 8 6- page 6
however, all other provisions of said ordinances not in conflict herewith shall remain in
full force and effect.
SECTION VI: 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, 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 VII: 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 VIII: 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, COLLIN COUNTY, TEXAS, ON THIS 20TH DAY OF FEBRUARY, 1986.
APPROVED:
0 1 rf]tm *.Core M*11
ATTEST:
Marty Hendrix, C' y Secretary
PPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 679-2-86 - Page 7
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-113-
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Cha es F Barnard, Jr.,,
BEFORE ME, the undersigned authority, on this day personally appeared who having been
by me duly sworn, on oath deposes and says:
t
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 - private clubs/restaurants
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
January 12, 1986
and which was issued on 1 -1 ? - A r� , by City of Allen
of Collin County, Texas. A printed copy of said publication isat ched re o.
SUBSCRIBED AND SWORN to before me this 12 t h
Publisher's Fee $ 18.00
"1Vi. H CA
INOTICE OF
PUBLIC HEARING
1 'Notice is hereby given
&hat the Allen City Coun-
cil and the Allen Plann-
ing and Zoning Commis.
sion will conduct a joint
Public hearing on Tues,
day. January 28, 1986- at
7:30p m., in the
cafetori I of Boyd
Elementary School,
Bethany Road at Jupiter
Road, Allen, Texas, to
consider amending. the
city of Allen's Com-
prehensive Zoning,.Or-
dinance No. 366-10.81:to
include regulations and
operational procedures
to :b6 Considered for
gtanting4 Specific Use
Permits forprivate clubs
and ' - , private
I
wittiin
the City of Allen, Collin
County• Texas. A list of
the: proposed regulation
•and operational, pro;
Cedures is available to
review in the Community
Development .-Depart-
ment, City,of Allen, One
Butler. 'Circle. Allen.
Texas �•. _
Anyone wishing to
speak either FOR or
AGAINST this amend-
ment to the Comprehen-
sive Zoning Ordinance is
invited to attend this
public hearing and voice
their opinion
Further information
may be obtained by call-
ing the Department of
Community Develop-
ment at 727-9f71 or
424-7518 (metro)
Marty Hendrix
City Secretary
Published in the Allen
American • on Sunday,
,—an. 12, 1986.)
day of February A,D.19 86
Notary Pu i in and for Collin County, Texas
. o t
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 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, 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 - Ordinance #679-2-86
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
February 26, 1986
and which was issued on 2-26-86 _, by City o f Allen
of Collin County, Texas. A printed copy of said publication is atched eret
SUBSCRIBED AND SWORN to before me this 13th day of March , A.D. 19 86
Publisher's Fee $ 24,00 _
of
-NOTICE OF
PUBLIC HEARING
�w Notice is hereby given
that the Allen City Coun-
cil adopted the following
ordinance at its regular
session held -on Thurs.
day; February 20, 1386
(Title and Penalty ClaGse
only):" 9
Ordinance i No.
}679.2.86: An Ordmahce
of -the City of Allen, Col-
lin County,,Texas; Amen-
ding Comprehensive
ZoningOrdinance No.
366-10.81- by Amending
Se6tibn -2)b to Include
Definitions for Private
dl,u6s 1 J r and
Restaurant/Private
Clubs.: Amending 'the
Schedule of.Uses to In-,
clude Restaurant/Private
Clubs; _ -Amending Sec
tion .3.01 by" Amending
Legend and Establishing'
Geographic Locatidns;
Repealing and Readopt
ting Section X2.06
Establishing Criteria for
Evaluation of Specific
Use permits, and
Establishing Separate
`Criteria for Evaluating
and Regulating Specihc
'Use Permits for Private
Clubs and
Restau rantlPrivate
Clubs; Providing for a
Penalty; Providing for
Severability Clause; an
Providing for an Effec
live Date.
Any person, firm, o
corporation violating any
of the provisions o�l
terms of this ordinance
shall- be subject to the
same penalty as provide
ed for in Comprehensive
Zoning Ordinance N0.1
(366.101:-81 of the City oft
Allen, as heretofore!
lamended, and upon con-
viction shall be punished
by a fine not to exceed
Ilthe sum of One Thou
sand Dollars ($1,000.00)
for each offense.
Copies of this " or-
dinance are available to
read or purchase in the
Office of the City
Secretary, City of Allen,
One Butler Circle, Allen,
Texas.
Marty Hendrix
City Secretary
(Published_ in the Alien
American on Wednes-
day, February 26, 1986
and Sunday, March 2,
1986.)
Notary PuUic in and for Collin County, Texas
3L
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 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, 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 Qf Public Hgarina
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
March 2 1986
and which was issued on 9 -9r, -8r, , by
of Collin County, Texas. A printed copy of said publication is ttac heFe
SUBSCRIBED AND SWORN to before me this 9th day of April , A.D. 19 86
?,- r
Notary Public and for Collin County, Texas
Publisher's Fee $ 24.00
1 .
NOTICE OF
PUBLIC HEARING,
Notice is hereby gives
that the Allen City Coun
cil adopted the followipf
ordinance at its regula
session held on Thurs
day, February 20, 198E
(Title and Penalty Claus(
only):
Ordinance No
679.2.86: An Ordinanc(
of the City of Allen, Col
lin County, Texas, Amen
ding Comprehensive
Zoning Ordinance 'No.
366-10-81, by Amending
Section 2.10 to Include
Definitions for Private
Clubs and
Restaurant/Private
Clubs; - Amending tha
Schedule of Uses to In-
clude Restaurant/Private
Clubs; Amending Sec-
tion 3.01 by Amending
,Legend and Establishing
Geographic Locations;
Repealing and Readop-
ting Section 2.06
Establishing Criteria for
Evaluation of Specific
Use Permits, and
Establishing' Separate
Criteria for ' Evaluating
and Regulating Specific
Use Permits for Private
Clubs . and
Restaurant/Private
Clubs; Providing .for ,a
Penalty; Providing for a
Severability Clause; and
Providing for an Effec-
Any person, firm, or
corporation violating any
of the provisions or
terms of this ordinance
shall be subject to the
same penalty as provid-
ed for in Comprehensive
Zoning Ordinance .No.
366-101-81 of the City of
Allen, as heretofore
amended, and upon con-
viction shall be punished
by a fine not to exceed
the sum of One Thou-
sand Dollars ($1,000.00)
for each offense.
Copies of this or-
dinance are available to
read or purchase in the
Office of the City
Secretary, City of Allen,
One Butler Circle, Allen,
Texas._ _ _
Marty Hendrix
City Secretary
Published in the Allen,
4merictri on Wednes-
Jay, February 26, 1986
ind Sunday, March 2,