O-3997-5-23ORDINANCE NO. 3997-5-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, GRANTING A VARIANCE PURSUANT TO SECTION 8-16(e) OF
THE CODE OF ORDINANCES OF THE CITY OF ALLEN TO AUTHORIZE THE SALE
OF ALCOHOLIC BEVERAGES ON 12.562± ACRES OUT OF THE HENRY WETSEL
SURVEY, ABSTRACT NO. 1026, DESCRIBED IN EXHIBIT “A” HERETO LOCATED
WITHIN 300 FEET OF A PUBLIC SCHOOL; PROVIDING CONDITIONS TO SUCH
VARIANCE; REPEALING ORDINANCE NO. 3876-11-21; PROVIDING A SAVINGS
AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 8-16(a)(1) of the Code of Ordinances of the City of Allen, Texas, provides that “No
person may sell alcoholic beverages if the place of business is within…three hundred feet of a church, public
or private school or public hospital;” and
WHEREAS, Section 6.03.5.5(b) of the Allen Land Development Code (“ALDC”) provides that a restaurant
serving alcoholic beverages holding a food and beverage certificate cannot locate closer than 300 feet to a
school (public or private); and
WHEREAS, the owner of the property described in Exhibit “A” hereto (the “Property”) desires to develop a
grocery store and café on the Property and, in association with operation of such grocery store and café, sell
alcoholic beverages for off-premises and on-premises consumption pursuant to a (i) Wine-Only Package Store
Permit or a Wine and Malt Beverage Retailer’s Permit and (ii) a Mixed Beverage Permit with Food and
Beverage Certificate, respectively, (collectively, the “Permits”) issued by the Texas Alcoholic Beverage
Commission (“TABC”); and
WHEREAS, the property line of the Property is located within 300 feet of the property line of property owned
and operated by the Allen Independent School District (“AISD”) as a public school; and
WHEREAS, pursuant to Section 8-16(e) of the Code of Ordinances and Section 109.33(e) of the Texas
Alcoholic Beverage Code, the owner of the Property has requested a variance to the above-described 300-foot
separation requirements; and
WHEREAS, the development and use of the Property is governed by the regulations of Tract 5 of Planned
Development No. 58 and as amended by Ordinance No. 3199-1-14 (the “Property Zoning Ordinance”); and
WHEREAS, the Concept Plan attached as Exhibit “A” to the Property Zoning Ordinance requires the
proposed grocery store on the north part of the Property; and
WHEREAS, in accordance with the Property Zoning Ordinance, the front of the proposed grocery store will
be located more than 550 feet from the south property line of the Propert y and more than 700 feet from the
AISD-owned property; and
WHEREAS, the AISD-owned property that is located within 300 feet of the Property is primarily developed
with a stadium and other athletic facilities, the primary school buildings (i.e., Allen High School) being located
on a different lot than the stadium and a significantly longer distance from the Property; and
WHEREAS, a variance to the provisions of ALDC Section 6.03.5 was previously granted without objection
being made by AISD authorizing the sale of alcoholic beverages within a restaurant on property described as
Lot 3R, Block A, Allen High Point Addition, an addition to the City of Allen, Texas, according to the plat
thereof recorded in Book 2019, Page 262, Plat Records, Collin County, Te xas, which property fronts on
Ordinance No. 3997-5-23, Page 2
Exchange Parkway at the southwest corner of the Property (the “Restaurant Property”), and developed with a
building significantly closer to the AISD-owned property than the proposed grocery store; and
WHEREAS, City Administration is unaware of any complaints or violations of applicable laws relating to the
prohibition of the sale of alcoholic beverages to minors occurring on the Restaurant Property; and
WHEREAS, the variance previously granted pursuant to Ordinance No. 3876-11-21 did not include the right
to operate the Property with a Wine and Malt Beverage Retailer’s Permit; and
WHEREAS, the owner of the Property has requested the variance granted by Ordinance No. 3876-11-21 be
expanded to include the right to operate the Property with a Wine and Malt Beverage Retailer’s Permit; and
WHEREAS, after considering the request the owner of the Property, the proposed use and development of
the Property as a grocery store and an in-store café, the distance from which the grocery store building is
required to be located from the AISD-owned property as dictated by the Property Zoning Ordinance, the
distance of the Property from the main school buildings and student population, and the absence of any known
violations relating to the illegal sale of alcoholic beverage to minors, the City Council of the City of Allen,
Texas, finds that the enforcement of Section 8-16(a)(1) of the Code of Ordinances and ALDC Section
6.03.5.5(b) with respect to the Property is not in the best interest of the public, does not serve its intended
purpose, and is not effective or necessary.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Based on the facts and findings set forth in the foregoing recitals, which recitals are hereby
incorporated in this Section 1 by reference, a variance to Section 8-16(a)(1) of the Code of Ordinances and
ALDC Section 6.03.5.5(b) is hereby granted pursuant to Section 8-16(e) of the Code of Ordinances and Section
109.33(e) of the Texas Alcoholic Beverage Code subject to the following:
A. The variance is limited to the sale of alcoholic beverages on the Property pursuant to a Wine Only
Package Store Permit issued pursuant to Texas Alcoholic Beverage Code Chapter 24, a Wine and Malt
Beverage Retailer’s Permit issued pursuant to Texas Alcoholic Beverage Code Chapter 25, and a
Mixed Beverage Permit with Food and Beverage Certificate issued pursuant to Texas Alcoholic
Beverage Code Chapter 28;
B. The variance applies only to the sale of alcoholic beverages from the grocery store building to be
located on the Property (inclusive of any restaurant constructed and located within or adjacent to said
building) so long as the building is located generally as shown on the Concept Plan to the Property
Zoning Ordinance; and
C. This variance shall be terminated and be deemed null and void if the Permits, after issuance, expire
and are not renewed on or before the first anniversary of the expiration date of the Permits. If the
Permits expire on different dates, this Section 1.C. shall apply to the Permits separately.
SECTION 2. Ordinance No. 3876-11-21 is hereby repealed.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance,
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the same
shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and
effect.
SECTION 4. This ordinance shall take effect immediately, from and after its passage in accordance with its
provisions of the Charter of the City of Allen, and it is accordingly so ordained.
EXHIBIT "A"
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