O-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
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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
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