O-2067-6-02ORDINANCE NO.2067-6.02
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
GRANT A CHANGE OF ZONING BY AMENDING PLANNED DEVELOPMENT
NO. 69, ORDINANCE NO. 1641-10-98, BY AMENDING THE PERMITTED USES
FOR 8.5 ACRES OF LAND IN THE JAMES ROBERTS SURVEY, ABSTRACT NO.
777, CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE
APPROVAL OF A CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING
A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILTFY 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 by amending Planned Development No. 69, Ordinance No. 1641-10-98, as heretofore amended by
amending the permitted Shopping Center uses for 8.5 acres of land in the James Roberts Survey, Abstract
No. 777, City of Allen, Collin County, Texas and being further described in Exhibit "A" attached hereto, to
read as follows:
"6. Shopping Center: Permitted uses include all uses permitted in "SC" — Shopping Center 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.
Signage for any self storage development shall be integrated with signage allowed for multi -
tenant centers;
c.
Roof top mechanical equipment shall not be permitted;
d.
A separate screening wall shall not be required for self storage adjacent to any residential
district, provided however, that no openings in the wall of the self storage structure shall be
permitted and the rear fagade of any structure or of any screening wall adjacent to residentially
'
e.
zoned property shall receive architectural detailing and shall be of uniform height;
Doors to individual self -storage units shall not be visible from any adjacent street;
f.
Any self -storage structure shall be set back not less than 15 feet from any side or rear property
line;
g. Property within the side, rear and front setback shall be landscaped and maintained by the
property owner;
h. A single flag lot may be permitted for self -storage only, provided that adequate traffic circulation
is available through mutual access easements and that no freestanding signage will be located
adjacent to the public street;
i. Outdoor storage or truck storage shall not be permitted; and
j. All exterior lighting most be wall mounted."
SECTION 2. The property shall be developed and used only in accordance with the Concept Plan attached
hereto as Exhibit "B" and which is hereby approved, and as further provided for in the Allen Land
Development Code Zoning Regulations, as heretofore amended, and as amended herein.
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 25rm DAY OF JUNE, 2002.
APPROVED:
v 7'"v�
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
I�
Peter G. Smith, CIVV ATTORNEY Judi Mor on, CMC/AAE, CITY SECRETARY
Ordinance No. 2067-6-02, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
LOT
BEING a 3.236 acre tract of land situated in the J. Roberts Survey, Abstract No. 777, City of
Allen, Collin County, Texas, and being part of a tract of land conveyed to The Ryland Group,
Inc. by deed recorded in County Clerks File No. (CC#) 98-0111358, Land Records, Collin
County, Texas, said 3.236 acre tract, with bearing basis being the North boundary line of said
Ryland Group Tract4 and being more particularly described by metes and bounds as follows:
COMMENCING at a PK nail with shiner found for comer at the intersection of the centerline of
Malone Road with the South right-of-way line of Stacy Road (F.M. No. 2768, a 120 foot right-
of-way) as described in deed to the State of Texas, recorded in Volume 1137, Page 863, Land
Records, Collin County, Texas said point being the northeast corner of said Ryland Group, Inc.
tract, from which a 5/8 -inch iron rod found at the northwest comer of a 57.703 acre tract of land
conveyed to Stacy Road Joint Venture by deed recorded in (CC#) 96-0050243, Land Records,
Collin County Texas, bears North 89 degrees 35 minutes 23 seconds East a distance of 28.44 feet
and a found 5/8 -inch iron and bent over in pavement bears South 08 degrees 24 minutes 59
seconds East a distance of 1.85 feet;
THENCE South 89 degrees 44 minutes 19 seconds West, along the North line of said Ryland
tract, a distance of 70.00 feet to a 5/8 -inch iron rod with a yellow plastic cap stamped "Carter &
Burgess" found for comer;
THENCE South 00 degrees 16 minutes 29 seconds East, along the West line of Malone Road, a
distance of 225.00 feet to a 5/8 -inch iron rod with a yellow plastic cap stamped "Carter &
Burgess" found for comer;
THENCE South 02 degrees 02 minutes 13 seconds East, continuing along said West line, a
distance of 272.13 feet to the POINT OF BEGINNING;
THENCE South 02 degrees 02 minutes 13 seconds East, continuing along said West line, a
distance of 53.03 feet to a 5/8 -inch iron red with a yellow plastic cap stamped "Carter &
Burgess" found for corner, said point being the southeast comer of said Ryland tract;
THENCE South 89 degrees 43 minutes 31 seconds West, along the south line of said Ryland
tract a distance of 643.54 feet to the point of curvature of a circular curve to the right having a
radius of 40.00 feet, and whose chord bears North 45 degrees 16 minutes 29 seconds West, a
distance of 56.57 feet;
THENCE Northwesterly along said curve through a central angle of 90 degrees 00 minutes 00
seconds, an are distance of 62.83 feet to a 5/8 -inch iron red with a yellow plastic cap stamped
"Carter & Burgess" found for comer;
THENCE North 00 degrees 16 minutes 29 seconds West, a distance of 226.39 feet to a point for
a comer, said point being on the west line of said Ryland tract;
Ordinance No. 2067-6-02, Page 3
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THENCE North 89 degrees 44 minutes 19 seconds East, departing said West line a distance of
451.26 feet to a point for a comer;
THENCE South 00 degrees 16 minutes 29 seconds East, a distance of 28.21 feet to a point for a
comer;
THENCE North 89 degrees 43 minutes 31 seconds East, a distance of 47.74 feet to a point for a
comer;
THENCE South 00 degrees 16 minutes 29 seconds East, a distance of 185.06 feet to a point for a
comer;
THENCE North 89 degrees 43 minutes 31 seconds East, a distance of 182.91 feet to the POINT
OF BEGINNING AND CONTAINING 140,942 square feet or 3.236 acres of land more or less.
Ordinance No. 2067.6-02, Page 4
LDW I1"I a 3111
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