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Jesse Hardin
New member
Username: Jahardin

Post Number: 7
Registered: 08-2007
Posted on Wednesday, September 02, 2009 - 10:46 pm:   

What is happening with the Great Wall Buffet on Preston Rd. across from the mall. I love Frisco and all that the city has done, but honestly, it's places like these that really give the city a bad name. Do we need a two story, half finished Chinese buffet? What are the plans for this location and why has the city not been more stringent on keeping a positive image on Frisco, especially for such a visible city location???
 

Steve Covington, Chief Building Off
Moderator
Username: Steve

Post Number: 75
Registered: 03-2005
Posted on Wednesday, September 09, 2009 - 02:55 pm:   

This project has been through several challenges during construction. The building as designed met all Zoning Ordinance requirements regarding height and exterior building elements. The project was approximately 95% complete when a deed restriction issue was revealed. Revised building and site plans have been submitted and approved that will reduce the building height to 28 feet.
 

Brian C
New member
Username: Brianc

Post Number: 137
Registered: 06-2003
Posted on Wednesday, October 14, 2009 - 02:22 pm:   

I heard about this height issue. Why is zoning height and deed restriction height different? Wouldn't the builders know both when they submitted plans for approval?
 

Scott Ingalls, Zoning & Subdivision Admi
Moderator
Username: Scott_ingalls

Post Number: 547
Registered: 06-2003
Posted on Thursday, October 15, 2009 - 09:47 am:   

Brian,

The developer of the area set the height based upon what they thought was appropriate. These restrictions are then filed with the County Clerk and are binding upon all present and future property owners. They can be the same height as that set by the City's Zoning Ordinance or they can differ.

The Zoning Ordinance establishes maximum heights for all zoning districts and then applies that requirement to all zoning districts of the same designation. This way the restriction is equally applied whether the site is on Preston Road or on FM 423.

As deed restrictions or covenants are private and as the City has no authority to regulate or enforce these restrictions we do not review applications using the restrictions. We only review using zoning requirements.

It is not uncommon for a builder or architect to not know what deed restrictions control. They typically rely on the property owner to know what the restrictions are and to advise them as to what the requirements may be. Architects and builders typically are aware of what Zoning Ordinance requirements are as most cities have an ordinance. Private property may or may not have deed restrictions.

Scott Ingalls
Development Coordinator
 

Brian C
New member
Username: Brianc

Post Number: 138
Registered: 06-2003
Posted on Thursday, October 15, 2009 - 10:00 am:   

Is the developer still under control or could the city override this? This property has changed hands and it would be nice to get it open. Thanks for the info. (It seems the roof is being redone anyhow.. but the cost has to set back the business plan.)
 

Scott Ingalls, Zoning & Subdivision Admi
Moderator
Username: Scott_ingalls

Post Number: 548
Registered: 06-2003
Posted on Thursday, October 15, 2009 - 11:36 am:   

Brian,

Deed restrictions run with the property from property owner to property owner. I do not know if the developer is still in control but deed restrictions can be enforced by other property owners in the development. It is possible that they have an property owners association similar to a homeowners association that is enforcing the deed restrictions.

As the City does not have legal authority when it comes to deed restrictions we can not override them.

Scott Ingalls
Development Coordinator
 

MJ
New member
Username: Jackson88

Post Number: 26
Registered: 07-2007
Posted on Tuesday, January 26, 2010 - 12:50 pm:   

What's the latest on this property? Is anything happening?
 

Perry Harts, Moderator
Board Administrator
Username: Perry

Post Number: 163
Registered: 06-2002
Posted on Tuesday, January 26, 2010 - 02:39 pm:   

MJ,

The Great Wall Super Buffet had their final inspection on 1/19/10 and is currently an operating food establishment.

Phillip Climer
Asst. Building Official

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