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Home My WebLink AboutO-2029-2-02' ORDINANCE NO. 2029-2-02 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, BY GRANTING A CHANGE IN ZONING FROM "SC" — SHOPPING CENTER TO PLANNED DEVELOPMENT NO. 89 FOR SHOPPING CENTER DISTRICT USES FOR 8.029-+ ACRES OF LAND IN THE DAVID WETSEL SURVEY, ABSTRACT NO. 977, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING FOR DEVELOPMENT CONDITIONS; 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 District 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 District Map, of the City of Allen, Collin County, Texas, as amended, be and the same is hereby, amended by granting a change in zoning from "SC" — Shopping Center to Planned Development No. 89 for shopping center uses with mini -warehouse (self -storage) as a permitted use for 8.029 acres in the David Wetsel Survey, Abstract No. 977, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the following Development Regulations: Base Zoning District The property shall be used and developed in accordance with the SC -Shopping Center Zoning District Regulations except as otherwise provided herein. Permitted Uses: All uses permitted in "SC" — Shopping Center Zoning District and Mini -Warehouse (Self Storage) uses subject to the following additional conditions: a. Any self storage development shall be limited to one story in height, save and except any ' resident caretaker residential unit, which shall not exceed two stories; b. Monument sign is allowed on a flag lot for self storage only; c. Roof top mechanical equipment shall not be permitted; d. Doors to individual self -storage units shall not be visible from any adjacent street; e. Self -storage structure will be allowed on the west property line in conformance with the site plan; f. Architectural detail shall be required on screening wall; g. A single flag lot may be permitted for self -storage only, provided that adequate traffic circulation is available through mutual access easements; h. Outdoor storage or track storage shall not be permitted. Concept Plan. The property shall be developed and used only in accordance with the Concept Plan attached hereto as Exhibit "B" and which is hereby approved." 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. ' 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 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 21' DAY OF FEBRUARY, 2002. APPROVED: 4 Stephen Terrell, MAYOR APPR AS FORM: ATTEST: CITY G. Smit 'IT TTORNEY Judy Mor son CMC/AAEAE,,CITY SECRETARY Ordinance No. 2029-2-02, Page 2 EXHIBIT "A" Being 8.029 acres of land out of Abstract No. 977, the DAVID WETSEL SURVEY in the City of Allen, Collin County, Texas, and being a part of a 18.5056 acre tract described in a deed recorded in Volume 1016, Page 843, of the Deed Records of Collin County, Texas, said 8.038 acres being more fully described as follows: BEGINNING North 89 degrees 10' 30" West, 465.39 feet and North 89 degrees 25' 00" West, 1127.69 feet from the Northwest corner of Hillside Village No. 1, an addition to the City of Allen, said beginning point being in the South right-of-way of F.M. Road No. 2170, an iron stake set for corner at the Northerly Northeast corner of the said tract, said point also being the Northwest corner of the Ronald J. McCauley 0.9965 tract as recorded in Volume 1056, Page 293, of the Deed Records of Collin County, Texas; THENCE South 00 degrees 35' 00" West, 215.00 feet with the West line of the McCauley tract to an "L" comer, an iron stake set for corner; THENCE South 89 degrees 25' 00" East, 201.90 feet along the South line of the said McCauley tract to the Southerly Northeast corner of the herein described tract, a''/:" iron rod found for comer; ' THENCE South 00 degrees 35' 00" West 215.00 feet to the Southeast corner of the herein described tract, a''/z' iron rod found for corner; H THENCE North 89 degrees 25' 00" West, 940.60 feet to an iron rod found for corner, THENCE North 00 degrees 35' 00" E, 222.57 feet to the Southerly Northwest corner of this tract, a '/ iron rod found for corner; THENCE South 89 degrees 25' 00" East, 54.51 feet to another "L" corner of the same, a'/" iron rod set for corner; THENCE North 00 degrees 35" 00" East, 207.43 feet to the Northerly Northwest corner of the same in the South right-of-way of F.M. Highway No. 2170, a'/" iron rod set for corner; THENCE South 89 degrees 25" 00" E. with the said right-of-way, 684.19 feet to the PLACE OF BEGINNING and containing 8.029 acres or 349,742 square feet of land, more or less. Ordinance No. 2029-2-02, Page 3 ' SAVE AND EXCEPT BEING a tract of land situated in the David Weisel Survey Abstract 977 and being part of an 8.029 acre tract of land owned by Puma Venture IX recorded in Volume 1915, Page 42 of the Deed Records of Collin County, Texas, said 0.157 acre tract being more particularly described as follows: COMMENCING at a found %: inch iron rod being the most Northerly southeast corner of said 8.029 acre tract, same being the southwest corner of the Alex and Edith Molnar tract as recorded in Volume 1950, Page 216 D.R.C.C.T.; THENCE North 00 degrees 33' 57" East along the common line between said Molnar tract and said 8.029 acre tract for 205.33 feet to the POINT OF BEGINNING; in the new southern right-of-way line of F.M. 2170 (proposed 100 foot ROW); THENCE North 89 degrees 25' 00" West along said new southern right-of-way line for 684.41 feet to a point in the west line of said 8.029 acre tract; THENCE North 00 degrees 30' 09" East along said west line of said 8.029 acre tract for 10.33 feet to a found '/z inch iron rod being the northwest corner of said 8.029 acre tract and lying in the existing south right-of-way line of F.M. 2170; ' THENCE South 89 degrees 21' 48" East along the north line of said 8.029 acre tract and the existing south line of F.M. 2170 for 684.42 feet to a found '/2 inch iron rod being the northeast corner of said 8.029 acre tract; THENCE South 00 degrees 33' 57" West along the said east line of said 8.029 acre tract for 9.69 feet to the POINT OF BEGINNING. Ordinance No. 2029-2-02, Page 4 EXHIBIT "B" N SCALE 1-90 r -ss' LZZ� FlEIICY 41F -TOME BILE W E o so Ino Lm a — f4E �{ 0000001- pO p R'.. ..:.. sem. Ordinance No. 2029-2-02, Page 5