O-3891-2-22ORDINANCE NO. 3891-2-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT
REGULATIONS OF TRACT C OF PLANNED DEVELOPMENT “PD” NO. 56 WITH A
BASE ZONING OF SHOPPING CENTER “SC” AND ADOPTING A CONCEPT PLAN
AND BUILDING ELEVATIONS RELATING TO THE USE AND DEVELOPMENT OF
LOT 1, BLOCK A, CUSTER/MCDERMOTT ADDITION (COMMONLY KNOWN AS 2021
W.MCDERMOTT DRIVE); PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended,
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending as set forth in Section 2
of this Ordinance the development regulations of Tract C of Planned Development “PD” No. 56 with a base
zoning of Shopping Center “SC,” with respect to the use and development of Lot 1, Block A, Custer/McDermott
Addition, an addition to the City of Allen, Collin County, Texas, according to the plat thereof recorded in
Cabinet K, Slide 158, Map Records, Collin County, Texas (“the Property”).
SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the
Allen Land Development Code, as amended, (“ALDC”) and Tract C of Planned Development “PD” No. 56 as
set forth in Ordinance No. 3691-8-19, (“the PD 56 Ordinance”), except to the extent modified by the
Development Regulations set forth below:
A.CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit “A” and incorporated herein by reference (the “Concept Plan”). Minor
modifications to streets that do not alter the general alignment shown on the Concept Plan may be made
at the time of Site Plan approval.
B.PERMITTED USES: In addition to the uses permitted by the PD 56 Ordinance with respect to the
use and development of Tract C, the Property may be developed and used for a Restaurant (drive-in or
drive-through) use. For purposes of this Section 2.B, “Restaurant (with a drive-in or drive-through)”,
means an establishment serving food prepared on-site and served to customers at a walk-up or drive-
through carry-out window(s)and/or to the customer remaining in the customer’s vehicle parked on the
premises, which establishment may or may not have an on-premise dining area.
C. BUILDING ELEVATIONS: Buildings to be constructed on the Property shall be developed in
general conformance with the height and architectural style set forth in the Building Elevations attached
hereto as Exhibit"B"and incorporated herein by reference(the"Building Elevations").
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
ordinances of the City of Allen governing the use and development of the Property and which are not expressly
amended by this Ordinance, the provisions of this Ordinance shall be controlling.
SECTION 4. Should any word,sentence,paragraph,subdivision,clause,phrase,or section of this Ordinance,
or the Allen Land Development Code Zoning Regulations,as amended hereby,be adjudged or held to be void
or unconstitutional,the same shall not affect the validity of the remaining portions of the said ordinance or the
Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and
effect.
SECTION 5. An offense committed before the effective date of this Ordinance is governed by prior law and
the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed,and the former law is continued in effect for this purpose.
SECTION 6. 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 Allen Land Development Code Zoning Regulations 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(S2,000) for each offense.
SECTION 7. 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 THE 8'b DAY OF FEBRUARY 2022.
APPR ED:
tie neth NI. Full.. \1,1,YOR
APPROVED AS TO FORM: ATTEST:
Peter G.Smith,CI 'ATTORNEY Shiley .Georg ,T IC,CITY SECRETARY
(k b1:12'10202 I.1267 147)
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