O-2073-7-02ORDINANCE NO. 2073-7-02
' 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. 90 FOR SHOPPING
CENTER DISTRICT USES ON 11.0056± ACRES OF LAND IN THE GRIZZELL
KENNEDY SURVEY, ABSTRACT NO. 499, 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 fav 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. 90 for shopping center uses
and mini -warehouse (self storage) as a permitted use for 11.0056± acres in the Grizzell Kennedy Survey,
Abstract No. 499, Collin County, Texas, and being further described in Exhibit "A" attached hereto and
made a part hereof for all purposes.
SECTION 2. The Shopping Center property shall be developed and used only in accordance with the
Concept Plan attached hereto as Exhibit "B," and which is hereby approved, and following Development
Conditions:
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 as an additional permitted use 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. Roof top mechanical equipment shall not be permitted;
c. Doors to individual self -storage units shall not be visible from any adjacent street;
d. Any building shall be set back a minimum of 25' from Old Custer Road and Hedgcoxe Road
with a 25 -foot landscape easement around the perimeter and 10' from all other property lines
with a 10 -foot landscape easement, maintained by the property owner;
e. The rear wall of the buildings is to serve as the screening wall of the development and must
have architectural details incorporated within.
f Outdoor storage or truck storage shall not be permitted.
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 of%nse 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 provrsrons 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 23ao DAY OF JULY, 2002.
APPROVED:
Stephe Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
( �..CMC�IAAECITY�SECRETARY
eter G. Smith ATTORNEY J dyM
Ordinance No. 2073-7-02, Page 2
EXHIBIT "A"
' PROPERTY DESCRIPTION—SOUTH PARCEL
BEING all of that certain lot, tract or parcel of land situated in the GRIZZELL KENNEDY SURVEY, A-499, City of
Allen, Collin County, Texas, and being a part of that some tract of land described in deed to Hedgecox—Custer Road,
Ltd., recorded in Volume 4488. Page 2322 of the Deed Records of Collin County, Texas, and said tract being more
particularly described as follows:
BEGINNING at a 3/4" Iron rod found in the north R.O.W. line of Hedgcoxe Road (a variable width R.O.W.) and being N
89'51'19' E. 227.70' from the present intersection of the north line of Hedgcoxe Road with the scuthemmaet comer
of a comer cutoff of the east R.O.W. line of Custer Road (M.H. 959 — a variable width R.O.W.); said point being the
southeast comer of that some tract of land described in deed to Exxon Mobil Corporation, recorded in Volume 4742,
Page 2783 of the Deed Records of Collin County, Texas;
THENCE N 89051'19' E. 172.04' along the north line of Hedgcoxe Road to a 3/4" !ran rod found for corner in the
west R.O.W. line of an abandoned portion of Custer Road;
THENCE N 52'29'40" E. 100.55' along the west line of the abandoned Custer Read to a 1' Iron rod found far comer,
said point being on a curve to the left having a central angle of 30'09'50' and a radius of 910.00';
THENCE around said curve and along the west the of the abandoned Custer Road, a distance of 479.08' to a point
for comer.
THENCE N 61'40'02' W. 54.20' to a point for comer:
THENCE N 1250'46' W, 56.14' to a point for comer;
THENCE N 21'25'09' W, 37.85' to a point far corner,
THENCE N 28'45'17' W. 72.00' to a point far corner,
THENCE N 4199'19" W, 184.64' to a point for comer,
THENCE N 0955'19' E. 24.89' to a point for corner;
THENCE N 1729'50' W, 59.15' to a point for corner;
THENCE N 2113'42' W, 237.00' to a point for corner in the east R.O.W. line of Custer Road ( M.H. 959 — o variable
width R.O.W. );
THENCE S 71`0555 W, 42.25' along the east line of Custer Road to a Txdot monument found for comer,
THENCE S 48055101" W. 198.17' along the east line of Custer Road to a Txdot monument found for comer; said
point being the beginning of a non—tangent curve to the left having a central angle of 38'59'56" and a radius of
1090.92' bearing S 4997'51" E:
THENCE around said curve and along the east line of Custer Rood, a distance of 742.54' to a 3/4" Iron rod found
at the northwest comer of the abovementloned Exxon Mobil Corporation property.
THENCE N 89451'19" E, 240.28' along the north line of said Exxon Mobil Corporation property to a 3/4' iron rod
found for cornu:
THENCE S 00'06'41" E. 236.00' along the east line of said Exxon Mobil Corporation property to the place of
beginning and containing 479,404.44 square feet or 11.0056 acres of land.
Ordiaaince No. 2073-7-02, Page 3
EXHIBIT "B"
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Ordinance No. 2073-7-021 Page 4