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Home My WebLink AboutO-1778-10-99ORDINANCE NO. 1778-10-99 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96 AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING TRACT 3 OF PLANNED DEVELOPMENT DISTRICT NO. 52 WD - NO. 52, ORDINANCE NO. 1170-5-93), BY AMENDING THE SCHEDULE OF USES TO ALLOW ONE (1) RESTAURANT WITH DRIVE IN SERVICE FOR 19.2 ACRES IN THE JAMES PARSONS SURVEY, ABSTRACT NO. 704, CITY OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT REGULATIONS, CONCEPT SITE AND LANDSCAPE PLAN, AND BUILDING ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C" AND 'D" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, 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 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 Zoning Ordinance No. 1425-5-96 and Zoning Map of the City of Allen, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance No. 1425-5-96 and Zoning Map, of the City of Allen, Texas, by amending Tract 3 of Planned Development District No. 52 (PD -No. 52), Ordinance No. 1170-5-93, by amending the Schedule Of Uses to allow one (1) Restaurant With Drive In Service, for 19.2 acres in the lames Parsons Survey, Abstract No. 704, City Of Allen, Collin County, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Development Regulations, the Concept Site/landscape Plan and Building Elevations, attached hereto as Exhibits "B", "C" and "D" respectively, which are hereby approved, and made part thereof for all purposes. SECTION 3. That the property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein. SECTION 4. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall 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 5. That should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Comprehensive Zoning Ordinance, as amended hereby, be adjudged or held to be void or I unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Comprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. 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. 1425-5-96 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTIONS. 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 TIRE 7— DAY OF OCTOBER, 1999. APPROVED: Stephen Terrell, MAYOR ' APPROVED AS TO FORM: ATTEST: Peter G. Smith, eM ATTORNEY judy morifibit, CMC, CITY SECRETARY Ordinance No. 1778-10-99 Page STATE OF TEXAS FIELD INOTE DESCRIPTION COUNTY OF COLLIN BEING a tract of land situated in the James W. Parsons Survey Abstract No. 704, Collin County Texas and being all of Lot 7, Block A of McDermott Towne Crossing an addition to the City of Allen according to the plat recorded In Cabinet K. Page 207 of the Plat Records of Collin County. Texas, and being more particularly described as follows: COMMENCING at a 1/2 Inch Iran rod found for the southerly comer of a comer cut—off line located at the interaction of the westerly right of way line of Alma Road (variable width right of way) with the northerly right of way line of McDermott Drive (variable width right of way); THENCE along the northerly right of way line of McDermott Drive as follows: North 89'56'55" West a distance of 190.00 feet to a 1/2 inch iron rod set for the POINT OF BEGINNING, sold Iron rod being the southwesterly comer of Lot 6, Block A of said addition; North 89'56'55" West a distance of 152.00 feet to a 1/2 Inch iron rod set for caner, said Iron rod being the southeasterly comer of Lot -2. Block A of said addition; THENCE along the common lire of said Lot 2 and Lot 7 North 00'15'22" East a distance of 250.00 feet to a 1/2 Inch Iron rod set for comer, said iron rod being the southwesterly comer of Lot 3 Block A of said addition; THENCE along the common Ilne of said Lot 3 and Lot 7 South 89'44'38" East a distance of 152.00 feet to a 1/2 Inch Iron rod set for comer in the westerly line of Lot 5, Block A of said addition; THENCE along the common line of sold Lot 5 and Lot 7 and continuing along the common line of said Lot 6 and Lot 7 South 00'15'22" West a distance of 249.46 feet to the POINT OF BEGINNING: CONTAINING within these met,,s and bounds 0.871 acre or 37,959 square feet of land more or less. EXHIBIT A Ordinance No. 1778-10-99 DEVELOPMENT REGULATIONS Tract 3 OF PD 52 REVISED October 6, 1999 1. GENERAL: The development of this property shall be in accordance with the provisions of the Shopping Center District (SC) regulations except as specifically provided herein. 2. USE REGULATIONS: A building or premises shall be used for the uses specifically listed below as well as unlisted uses which are similar to the specified uses, provided that the activities conducted observe the requirements of all City ordinances. Accessory building or use Auto part sales, indoor Auto Laundry Apparel Stores Bakery or confectionery Barber and beauty shop Banks and financial institutions Book, card or novelty shops Building materials sales — inside display only Building materials sales — outside display — S Clinics, Doctors or Dentist Cleaning (small shop and pick up) Commercial Amusements — indoor Commercial Amusements — outdoor— S Day care for children ' Department or Discount Stores Drug Store or Pharmacy Fitness Center Florist Food Stores Furniture Stores Gasoline Service Station with pump island canopy Greenhouse, Plant Nursery Garage, Auto repair Hardware Store Household Appliance Sales Laboratories, Medical, Dental, Scientific — S Lawn Equipment, Sales and Service — A Museum, Library, Art Gallery Office Building Office Showroom/wmhouse — S Office Supplies Personal Service Pet Stores (no outside tun) Radio or Television Broadcast Studio — S Radio, Television or Microwave Tower— S Restamant/Prrvate Club — S Restaurant -with drive thin service Restaurant -without drive thru service Restaurant - with drive-in service - limited to one (1), in accordance with the provisions of # 7 of this Ordinance. EXHIBIT B Page 1 of 2 Ordinance No. 1776-10-99 E Retail Stores and shops Small Job Print shop Theaters Travel Agent Utility Business Office 3. HEIGHT REGULATIONS: The maximum height shall be two (2) stories or 35 feet whichever is higher. 4. MINIMUM FRONT YARD SETBACK: The minimum front yard set back shall be 25 feet. Parking shall be permitted within this required setback. 5. MAXIMUM FLOOR AREA RATIO: The maximum Floor Area Ratio shall be 0.30:1 6. LANDSCAPE EASEMENTS: a. A minimum landscape easement of 15 feet shall be provided along McDermott Drive. Within the combined parkway and designated landscape easement, meandering sidewalks, berms (max. 3:1 slope), plant materials and automatic irrigation systems shall be provided. b. To provide a buffer between this tract and the adjacent tract to the north, there shall be a landscape easement with a minimum width of 30 feet and an average width of 35 feet along the northern property line. This landscape area shall contain one acre. This landscape easement area shall not want towards the landscaping normally required under the Shopping Center District regulations or as part of the F.A.R. calculations. 7. DRIVE-IN RESTAURANT: a. The development of a drive-in restaurant shall be in accordance with siteAandscape plan, Exhibit C. b. The Building Elevations shall be as illustrated in Exhibit D. The brick £spade will match the brick on the existing Shopping Center buildings. C. A minimum 35 foot wide landscape easement shall be provided along McDermott Drive with a three (3) foot earthen berm which shall be landscaped in accordance with the Landscape Plan. d. All trees shall have a minimum caliper of 4 inches, at the time of planting. e. A minimum of 28.9% of the she area or 11,004 square feet of landscaping shall he provided. f At a minimum, the first and last column of each canopy shall have brick to match the brick on the main building. g. The base of the proposed monument sign shall also be constructed of brick and match the main building. h. The hours of operation shall be 10:00 a.m. to 10:00 p.m. on weekdays and 11:00 p.m. on weekends. i. Mechanical units shall be roof top mounted and screened from view by the parapet wall. EXHIBIT B Page 2 of 2 Ordinance No. 1778-10-99 I I1� I I I I I F- I I � I I I I I I I I I II I I I I C I I I I a i e 4 a i y M0 oaCIL 11 -H -A �. iat % o � u Q= z�w EZO U J rc W O CLO i 1 y M0 oaCIL 11 -H -A �. iat % o � u Q= z�w EZO U J rc W O CLO i I Z wrn aD iwwzea�w " 7,83H1Q9 �JI 11 14I-3hl?la ':1IN05 ! i Z uleU d i i� 19 ! i4i1 lIII! i�i �11�� lN� Ohl lh !!il! llil! (! 1 li Z