O-3196-12-13ORDINANCE NO. 3196-12-13
' 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 GRANTING SPECIFIC USE
PERMIT NO. 138 AUTHORIZING THE PROPERTY DESCRIBED AS LOT 1R,
TRACT D AND E, ALLEN BUSINESS CENTRE, CITY OF ALLEN, TEXAS (ALSO
KNOWN AS 9 PRESTIGE CIRCLE), PRESENTLY ZONED PLANNED
DEVELOPMENT NO.3 FOR LIGHT INDUSTRIAL "LP', TO BE DEVELOPED AND
USED FOR A BOTTLING WORKS AND DISTRIBUTION USE; ADOPTING A SITE
PLAN, LANDSCAPE PLAN, AND BUILDING ELEVATIONS; 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 of the City of Allen, Texas 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 THIN 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 granting Specific Use Permit No.
138 authorizing the property described as Lot 1, Tract D and E, Allen Business Centre, an addition to the City of
Allen, Collin County, Texas (also known as 9 Prestige Circle) (the "Property"), which is presently zoned Planned
Development No. 3 for Light Industrial "Lr', to be developed and used for a Bottling Works and Distribution use.
SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations, as heretofore amended, and, if developed and used as a
Bottling Works and Distribution use in accordance with this Specific Use Permit No. 138 shall be subject to
the following special conditions:
A. The Spectfic Use Permit granted hereby is expressly limited to the area of the Property shown
in the Site Plan attached hereto as Exhibit "A" and incorporated herein by reference.
B. The use and development of the Property as a Bottling Works and Distribution use shall be
only in accordance with the Site Plan attached as Exhibit "A", in accordance with the
Landscape Plan attached as Exhibit "B", and the Building Elevations set forth in Exhibit "C;'
attached hereto and incorporated herein by reference.
C. Only KBKK, LLC, d/b/a Nine -Band Brewing Co. is authorized by this Ordinance to use the
' Property for a Bottling Works and Distribution use.
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 of 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 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.
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SECTION & Any person, firth 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 fire not to exceed the sum of Two
Thousand Dollars ($2,000) 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 le DAY OF DECEMBER 2013,
V y y 111417 SMIT-b ITe73O;iSf
Peter G. Smith, CITY ATTORNEY
pu:umn36tw5l
APPR
Stephen Terrell, MAYOR
ATTEST: f\�MAAYOR
ATTEST:
1 � o�
Shelley B. GeorgITY SECRE Y
Ordinance No. 319612-13, Page 2
EXHBIT'°A"
SITE PLAN
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Ordinance No. 3196-12-13. Page 3
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EXHIBIT'S"
LANDSCAPE PLAN
Ordinance No. 3196-12-13, Page 4
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EXHIBIT "C"
BUILDING ELEVATIONS
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Ordinance No. 3196-12-13, Page 5
EXMIT "C"
BUILDING ELEVATIONS (Continued)
Bottling Works and Distribution Building
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Ordinance No. 3196-12-13, Page 6