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Home My WebLink AboutO-2107-10-02ORDINANCE NO. 2107-10-02 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, TO AMEND ORDINANCE NO. 1172-5-93, AS AMENDED, FOR 4.975+ ACRES OF LAND IN PLANNED DEVELOPMENT NO. 54, TRACT 13, LOCATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, TO ADD NEIGHBORHOOD SELF STORAGE AS AN ADDITIONAL PERMITTED USE; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, 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 Zoning Map of the City of Allen, Collin County, Texas, as amended, be, and the same are hereby, amended by amending Ordinance No. 1172-5-93 for Planned Development No. 54, Tract 13, `5C" Shopping Center, as heretofore amended to allow Neighborhood Self -storage as an additional permitted use for Tract 13, being 4.975+ acres of land in the Catherine Parsons Survey, Abstract No. 711, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto. SECTION 2: Neighborhood Self -Storage on Tract 13 of PD No. 54 shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit "B" and which is hereby approved, subject to the following development regulations: a) Caretaker office and residence is required. b) Neighborhood self -storage shall be a single story, except for any on-site caretaker residence, which shall be limited to two stories. ' c) No roof -mounted mechanical equipment shall be permitted in any Neighborhood Self -storage facility. d) The doors of individual neighborhood self -storage units shall not be visible from the street. e) No truck or vehicle rental or storage permitted in any Neighborhood Self -storage facility. e) No truck or vehicle rental or storage permitted in any Neighborhood Self -storage facility. f) No outdoor storage of any kind shall be permitted in any Neighborhood Self -storage facility. g) Exterior walls in Neighborhood Self -storage facilities may act as screening walls, provided that the exterior wall is set back not less than twenty-five feet from any residential district or public street, and not less than ten feet on any other side. Such area within the setback shall be landscaped in a manner approved by the Director of Planning & Development, and shall include a minimum of trees placed on 25 -foot centers to be maintained by the property owner. h) Exterior walls shall have no penetrations and shall receive exterior architectural detailing. i) Owner shall prohibit the storage of odorous, hazardous or toxic materials. j) Architecture of office and storage buildings are designed to blend with the retail environment, and will conform to attached buildings elevations: All perimeter storage buildings will face interior drives, creating a continuous, uninterrupted masonry building wall with no openings along the property line. ii. All construction specifications to conform to the current retail district and the requirements for this use, whichever is more stringent. iii. Office/apartment to be combination of brick veneer, cast stone and composition shingle ' roof. Material colors and textures will conform to approved samples. iv. All storage perimeter walls to be brick veneer and cast stone with commercial parapet trim (no pre-engineered metal fascia). Perimeter of buildings will be accented approximately every 80 — 100 feet, with raised, brick panel with arch relief. Height of perimeter walls to be 11'. v. Brick veneer of back of buildings and fences facing Raintree homeowners to the north will be constructed of brick matching existing subdivision fencing. vi. All exterior lighting will be within the interior drives. No additional exterior lighting will be placed on the outside perimeter of the storage buildings. vii. Roofs of storage buildings will be painted standing seam metal (no galvanized roofs visible from two story homes that overlook project. SECTION 3. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Allen not in conflict with the provisions of this ordinance shall remain in full force and effect. 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. Ordinance No. 2107-10-02, Page 2 C C 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 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 7. This ordmance shall take effect immediately from and after its passage and publication in accordance wnh 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 22"e DAY OF OCTOBER, 2002. APPROVED: ^f� Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, ATTORNEY Ju v Mor son, CMC/MMCA, CITY SECRETARY Ordinance No. 2107-10-02, Page 3 "Exhibit "A" ' DESCRIPTION BEING A 4.975 ACRE TRACT OF LAND SITUATED IN THE CATHERINE PARSONS SURVEY, ABSTRACT NO. 711. CITY OF ALLEN, COWN COUNTY, TEXAS, AND BEING A PART OF BLOCK A. LOT 2 OF ALLEN MCDERMOTT SQUARE, AS SHOWN BY THE REPLAT RECORDED IN CABINET L, SLIDE 852, OF THE PLAT RECORDS OF COWN COUNTY, TEXAS (P.R.C.C.T.). BEARING BASIS FOR THIS SURVEY IS THE FINAL PLAT OF BRAY CENTRAL DRIVE & BENTON DRIVE, AS SHOWN BY PLAT RECORDED IN CABINET N, SLIDE 110. P.R.C.C.T. SAID 4.975 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID LOT 2 AND THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS 'TRACT 2" IN DEED TO BRIAR RIDGE INVESTMENTS. INC. RECORDED IN VOLUME 3741, PAGE 79, OF THE DEED RECORDS OF COWN COUNTY, TEXAS (D.R.C.C.T.); THENCE S 00'06'31" W, ALONG THE EAST LINE OF SAID LOT 2, COMMON WITH THE WEST UNE OF SAID "TRACT 2", A DISTANCE OF 289.24 FEET TO A 1/2 INCH IRON ROD CAPPED "RPLS 4051" FOUND FOR CORNER; THENCE N 89'56'17" W. ALONG THE NORTH UNE OF LOT 1, BLOCK A. ALLEN MCDERMOTT SQUARE AS RECORDED IN CABINET L. SLIDE 592, P.R.C.C.T., A DISTANCE OF 142.08 FEET TO A 1/2 INCH IRON ROD CAPPED "ROOME" FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1; THENCE S 00'08'13" W. ALONG THE WEST UNE OF SAID LOT 1, A DISTANCE OF 254.98 FEET TO A 1 2 INCH IRON ROD CAPPED "RPLS 4051" FOUND FOR CORNER IN THE NORTH NIGHT—OF—WAY UNE OF MCDERMOTT DRIVE (A VARIABLE WIDTH R.O.W.) AS RECORDED IN COUNTY CLERKS FILE NO. 96-009743$ D.R.C.C.T., SAME BEING THE SOUTHWEST CORNER OF SAID LOT 1 AND THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N 89'54'55" W, ALONG SAID NORTH RIGHT—OF—WAY UNE, A ' DISTANCE OF 80.00 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; THENCE, LEAVING SAID RIGHT—OF—WAY, OVER AND ACROSS SAID LOT 2 THE FOLLOWING THREE (3) COURSES AND DISTANCES: N 00'06'13" E. A DISTANCE OF 232.00 FEET TO A 5/8 INCH IRON ROD CAPPED "CARTER BURGESS" SET FOR CORNER; N 89'54'58" W, AT A DISTANCE OF 185.03 FEET PASS A 1/2 INCH IRON ROD FOUND MARKING THE NORTHEAST CORNER OF LOT 3, BLOCK A, SAID REPLAT OF ALLEN MCDERMOTT SQUARE, IN ALL A DISTANCE OF 350.03 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID LOT 3, FROM SAID POINT AN "X" CUT FOUND BEARS S 71'37' E. A DISTANCE OF 0.16 FEET; N 00'07'02" E. A DISTANCE OF 88.60 FEET TO AN "X" CUT FOUND FOR AN INTERIOR CORNER OF SAID LOT 2. SAME BEING THE NORTHEAST CORNER OF LOT 1, BLOCK A. BRAUM'S ADDITION RECORDED IN CABINET K, SLIDE 914 P.R.C.C.T.; THENCE N 8952'22" W. ALONG THE NORTH UNE OF SAID LOT 1 BRAUN'S ADDITION, A DISTANCE OF 101.30 FEET TO AN "X" CUT FOUND FOR THE MOST NORTHERLY SOUTHWEST CORNER OF SAID LOT 2, SAME BEING THE SOUTHEAST CORNER OF A TRACT OF LAND DEDICATED BY PLAT AS LOT 1, BLOCK A. KINDER CARE ADDITION RECORDED IN CABINET K, SLIDE 379, P.R.C.C.T.; THENCE N 00'06'44" E, ALONG THE UPPER WEST LINE OF SAID LOT 2, COMMON WITH THE EAST UNE OF SAID LOT 1 KINDER CARE ADDITION, A DISTANCE OF 223.93 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 2; THENCE S 89'53'16" E, WITH THE NORTH LINE OF SAID LOT 2, COMMON WITH THE SOUTH UNE OF BLOCK A, FINAL PLAT OF RAINTREE ESTATES I, RECORDED IN CABINET F, SLIDE 315. P.R.C.C.T., A DISTANCE OF 673.38 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4.975 ACRES OF LAND, MORE OR LESS. Ordinance No. 2107-10-02, Page 4 I W H m