O-2301-6-04ORDINANCE NO. 2301-6-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, BY
AMENDING ARTICLE IV ZONING REGULATIONS, SECTION 4.20.2 AND 4.20.4;
AMENDING ARTICLE VI SPECIAL ZONING PROVISIONS, SECTION 6.02 PRIVATE
CLUBS AND RESTAURANT/PRIVATE CLUBS; AND SECTION 6.03 GEOGRAPHIC
LOCATIONS; AMENDING APPENDIX B FEES AND CHARGES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A REPEALING 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
FOR AN EFFECTIVE DATE.
WHEREAS, the City 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, have given requisite
notice by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all
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 this Allen Land Development Code
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 is hereby amended in part by amending sections as set forth
below. New material in the text of the amended provisions of the Allen Land Development Code is set forth in
underline type; material deleted from the text of the amended provisions of the Allen Land Development Code is
set forth in strike-thru type.
"ARTICLE IV ZONING REGULATIONS
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Section 4.20.4
"ARTICLE VI SPECIAL ZONING PROVISIONS
Section 6.02.3. Private Clubs and Restaurant/Private Clubs.
Section 6.03.1. 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 Road, Corridor Commercial District, 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 by Specific Use Permit:
(i) CBD (Central Business District) — Mixed Use ResidentiaVRetaih Office/Retail, Design District No.
1, Design District No. 2, and Old Allen Historic Village.
(ii) CC (Corridor Commercial District)
(iii)SC (Shopping Center) at intersections of two major thoroughfares whose right-of-way requirements
are 80 feet or more.
(iv) O (Office District v ith esntiguBus 90 sF ffisFa gpas.
(v) LI (Light Industrial), IT (Industrial Technology), IN ift!)
Districts with 30 OF FROm Ill
(f) 111) (Planned PeNrelepoleat)
Section 6.03.4. Food/Beverage Ratio applicable to Restaurant/Private Club.
a. Revenues from the sale of alcoholic beverages in a Restaurant/Private Club shall not exceed thirty
peceenE(9044) sixty percent (60%) of the gross revenues derived from the sale of food and beverages.
Section 6.03.5. Restaurants with Food and Beverage Certificates — Geographic locations
' a. Restaurants may serve alcohol for on-site consumption by right if they are located on property that was
within the City limits as of May 15, 2004. For restaurants located on property that was annexed after
May 15, 2004, a Private Club Specific Use Permit (SUP) must be obtained for the ability to serve
alcohol.
Ordinance No. 2301-6-04 Page 2
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"ARTICLE VI SPECIAL ZONING PROVISIONS
Section 6.02.3. Private Clubs and Restaurant/Private Clubs.
Section 6.03.1. 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 Road, Corridor Commercial District, 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 by Specific Use Permit:
(i) CBD (Central Business District) — Mixed Use ResidentiaVRetaih Office/Retail, Design District No.
1, Design District No. 2, and Old Allen Historic Village.
(ii) CC (Corridor Commercial District)
(iii)SC (Shopping Center) at intersections of two major thoroughfares whose right-of-way requirements
are 80 feet or more.
(iv) O (Office District v ith esntiguBus 90 sF ffisFa gpas.
(v) LI (Light Industrial), IT (Industrial Technology), IN ift!)
Districts with 30 OF FROm Ill
(f) 111) (Planned PeNrelepoleat)
Section 6.03.4. Food/Beverage Ratio applicable to Restaurant/Private Club.
a. Revenues from the sale of alcoholic beverages in a Restaurant/Private Club shall not exceed thirty
peceenE(9044) sixty percent (60%) of the gross revenues derived from the sale of food and beverages.
Section 6.03.5. Restaurants with Food and Beverage Certificates — Geographic locations
' a. Restaurants may serve alcohol for on-site consumption by right if they are located on property that was
within the City limits as of May 15, 2004. For restaurants located on property that was annexed after
May 15, 2004, a Private Club Specific Use Permit (SUP) must be obtained for the ability to serve
alcohol.
Ordinance No. 2301-6-04 Page 2
b. Restaurants are permitted by rieht in the CBD Central Business Mixed Use Residential/Retail,
H
c. Restaurant/Private Clubs will be allowed to continue operation as before May IS 2004 with the same
rules in effect at that time.
d. The followine distance separation criteria are effective for restaurants serving alcoholic beverages
holding a Food and Beverage certificate:
(1) Cannot locate closer than 300 feet to a church or hospital. The measurement of the distance
between the place of business where alcoholic beverages are sold and the church or public hospital
shall be along the property lines of the street fronts and from front door to front door, and in direct
line across intersections.
(2) Cannot locate closer than 300 feet to a school (public or private). The measurement of the distance
between the place of business where alcoholic beverages are sold and the public or private school
shall be:
(i) in a direct line from the property line of the public or private school to the property line of the
place of business, and in a direct line across intersections; or
(ii) if the permit or license holder is located on or above the fifth story of a multistory building, in a
direct line from the property line of the public or private school to the property line of the place of
' business, in a direct line across intersections, and vertically up the building at the property line to
the base of the floor on which the permit or license holder is located.
Section 6.03.6—Permit Process for Restaurants with Food and Beverage Certificates
The permit process is as follows:
a. The applicant will have to request an alcoholic beverage pernut and a trod and heves a permit from the
TABC.
b. The TABC will direct the applicant to obtain verification of zoning wet/dry location, and distance
separations. from the City.
c. This request will be accepted by the Department of Planning & Development who will verify wet/dry
location, zoning, and distance separation. and forward to the Citv Secretary for certification.
Section 6.03.7 — Hours of Operation
The hours of sale of mixed beverages shall be as defined by the Texas Alcoholic Beverage Code, Section
105.O3 as `extended hours." and the hours of consunrotion shall be as defined by the Texas Alcoholic
Beverage Code. Section 105.06 as "extended hours."
Ordinance No. 2301-6-04 Page 3
Section 6.03.8. Beer and Wine Package Sales Regulations.
' Sales—an establishment engaged in the selling of beer and/or wine to the general public for off-site personal or
household consumption and rendering services incidental to the sale of such goods.
a. Permitted by right in the LR Local Retail, SC Shopping Center, CC Corridor Commercial, CBD Central
Business District, Mixed Use Residential/Retail, Office/Retail, Design District No. 1, and Design District
No. 2, if the properiv was within the City limits as of May 15, 2004.
Office/Retail Design District No. I, and Design District No. 2 Subdistricts.
c. The following distance separation criteria are effective for beer and wine package sales establishments:
(1) Cannot locate closer than 300 feet to a church or hospital. The measurement of the distance between
the place of business where alcoholic beverages are sold and the church or public hospital shall be
along the property lines of the street fronts and from front door to front door, and in direct line across
intersections.
(2) Cannot locate closer than 300 feet to a school (public or private). The measurement of the distance
between the place of business where alcoholic beverages are sold and the public or private school
shall be:
(i) in a direct line from the property line of the public or private school to the property line of the
place of business, and in a direct line across intersections; or
(ii) if the permit or license holder is located on or above the fifth story of a multistory building, in a
direct line from the property line of the public or private school to the property line of the place
of business, in a direct line across intersections, and vertically up the building at the property line
to the base of the floor on which the permit or license holder is located.
Section 6.03.9 Beer and Wine Package Sales Permit Process
The permit process is as follows:
a. The applicant will have to request a beer and wine permit from the TABC.
b. The TABC will direct the applicant to obtain verification of zoning, wet/dry location, and distance
separation from the City.
c. This request will be accepted by the Department of Planning & Development who will verify wet/dry
location, zoning, and distance separation, and forward to the City Secretary for certification.
d. A zoning application must be completed to initiate the SUP Process for an establishment that derives
more than 50% of its revenues from the sale of beer and/or wine.
' Section 6.03,510. Firearms and Explosives Sales and Service.
a. The sale and servicing of firearms or explosives shall require approval of a Specific Use Permit
(Conditional).
Ordinance No. 2301-6-04 Page 4
b. The sale of firearms shall be prohibited within 1,000 feet of any school.
' c. The storage of flammable or explosive materials is subject to the approval of the Fire Marshal."
"APPENDIX A - DEFINITIONS
Beer & Wine Package Sales—an establishment engaged in the selling of beer and/or wine to the general Public
for off-site Personal or household consumption and rendering services incidental to die sale of such goods."
"APPENDIX B — FEES AND CHARGES
Schedule E—Zoning Fees
h. _ _ _:a__.:__ - $38
h. TABC Verification for wet/dry location, zoning, and distance separation $250"
SECTION 2. 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 3. An offense committed before the effective date of this ordinance is governed by prior law and the
' provisions of the Ordinances of the City, as amended, in effect when the offense was committed and the former law
is continued in effect for this purpose.
SECTION 4. Should any word, sentence, paragraph, subdivision, clause, pbrase or section of this ordinance, or of
the Allen Land Development Code, be adjudged or held to be void or unconstitutional, the same shall not affect the
validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby,
which shall remain in full force and effect.
SECTION 5. 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 the Allen Land Development Code Zoning Regulations, 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.
SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
Ordinance No. 2301-6-04. Page 5
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 22" DAY OF JUNE, 2004.
1
APPROVED AS TO FORM:
2_�
Peter G. Smith, CITIV ATTORNEY
1
1
APPROVED:
Aca;p
Stephen Terrell, MAYOR
ATTEST:
S e ley B. Ge e, TRMC, CSECRETARY
Ordinance No. 2301-6-04, Page 6