O-2065-6-02ORDINANCE NO. 2065-6-02
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING ALLEN LAND DEVELOPMENT CODE
ORDINANCE NO. 1845400 AND ZONING MAP, AS PREVIOUSLY AMENDED,
TO GRANT SPECIFIC USE PERMIT NO. 91 FOR MINI -WAREHOUSE ON 4.9234±
ACRES LOCATED IN THE PETER FISHER SURVEY, ABSTRACT NO. 324, CITY
OF ALLEN, COLLIN COUNTY, AND BEING FURTHER DESCRIBED IN EXHIBIT
"A' ATTACHED HERETO; PROVIDING FOR A SITE PLAN ATTACHED
HERETO AS EXHIBIT "B"; AND CONDITIONS CONTAINED HEREIN,
PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR THE
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 Zoning Ordinance No.
1425-5-96 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 Ordinance No. 1845-6-00 and the Zoning Map of the City
of Allen, Texas, as previously amended, be amended by granting Specific Use Permit No. 91 for mini -
warehouse on 4.9234± acres located in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County,
Texas, and being further described in Exhibit "A" attached hereto and made apart hereof for all purposes.
SECTION 2. The property shall be developed and used only in accordance with the Site Plan attached
hereto as Exhibit "B," and made a part hereof for all purposes.
SECTION 3. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Cade of the City of Allen, as heretofore amended, and as amended herein.
SECTION 4. The property shall be 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 the retail
center;
c. Roof top mechanical equipment shall not be permitted;
d. A separate screening wall shall not be required for self storage adjacent to any district, provided
however, that no openings in the wall of the self -storage structure shall be permitted and the wall
shall receive architectural detailing;
e. 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 25 feet from Richardson Court and any
residential district, and not less than 10 feet from any other properly line;
g. Property within the side, rear and front setback shall be landscaped and maintained by the property
owner;
h. Outdoor storage or truck storage shall not be permitted.
SECTION 5. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and
the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict
herewith shall remain in full force and effect.
SECTION 6. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Allen Land Development Code, 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, as amended hereby, which shall remain in full force and effect.
SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed
and the former law is continued in effect fm this purpose.
SECTION 8. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided fm in Allen Land Development Code Ordinance No. 1845-"0 of
the City of Allen, 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 9. This ordinance shall take effect immediately from and atter 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 25TH DAY OF JIB 2002.
APPROVED:
,4C�
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST: -Y
Peter G. Smith, CI ATTORNEY Judy Mor on, CMGAAE, CITY SECRETARY
Ordinance No. 2065-6-02, Page 2
Exhibit "A"
' LEGAL DESCRIPTION (TRACT 1)
BEING a tract of land situated in the City of Allen, Collin County, Texas out a the Peter Fisher Survey,
Abstract No. 324 and being part of a 9.0135 acre described tract of land conveyed to Juanita Butler Family
Partnership, Ltd. according to the deed filed for record in Collin County Clerk's File No. 96-0035173, Deed
Records, Collin County, Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a Yv" iron rod found with yellow plastic cap stamped "NDM", the southwest comer of
said 9.0135 acre tract and being in the north rightof--way line of Main Street (F.M. 2170) (100' R.O.W.)
according to the deed filed for record in Collin County Clerk's File No. 93-0066263, Deed Records, Collin
County, Texas and being in the east right-of-way line of Richardson Court (60' R.O.W.) according to the plat
Richardson Subdivision recorded in Cabinet L, Page 841, Map Records, Collin County, Texas;
THENCE, along said east right-of-way line, North 01 degrees, 17 minutes, 12 seconds East, a distance of
265.00 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199", the POINT OF BEGINNING;
THENCE, continuing along said east right-of-way line, North 01 degrees, 17 minutes, 12 seconds East, a
distance of 23.09 feet to a Yz" iron rod found with yellow plastic cap stamped "NDM' ;
THENCE, North 89 degrees, 52 minutes, 16 seconds West, a distance of 30.00 feet to an `k" set on concrete;
THENCE, North 01 degrees, 17 minutes, 12 seconds East, a distance of 268.23 feet to a 5/8" iron rod set
' with red plastic cap stamped "R.P.L.S. 5199" from which a Yd' iron rod found in a gravel road bears North 89
degrees, 33 minutes, 55 seconds West, a distance of 0.92 feet, northwest comer of a 0.999 acre described
tract of land conveyed to Jon D. and Gail Goodman according to the deed filed for record in Volume 1640,
Page 7l, Deed Records, Collin County, Texas and being in the south line of a 4.968 acre described tract of
land conveyed to J.P. Little according to the deed filed for record in Volume 1494, Page 241, Deed Records,
Collin County, Texas;
THENCE, along the south line of said 4.968 acre tract, South 89 degrees, 58 minutes, 48 seconds East, a
distance of 321.06 feet to a Yd' iron rod found in a fence line, the southeast comer of said 4.968 acre tract;
THENCE, along the east line of said 4.698 acre tract, North 00 degrees, 07 minutes, 30 seconds East, a
distance of 307.71 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199", the northeast
comer of said 4.698 acre tract and being in the south line of a 16 foot alley of Fountain Park according to the
plat thereof recorded in Cabinet F, Page 602, Map Records, Collin County, Texas;
THENCE, along the south line of said Fountain Park, South 69 degrees, 52 minutes, 16 seconds East, a
distance of 254.75 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199" and being in the
west line of Drainage & Utility Easement — Tract A, Timber Bend according to the plat thereof recorded in
Cabinet C, Page 72, Map Records, Collin County, Texas;
THENCE, along said west line, South 00 degrees, 11 minutes, 47 seconds East, a distance of 307.76 to a
5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199", the centerline of a 150 foot drainage easement
to the City of Allen according to the deed filed fm record in Collin County Clerk's File Number 95-0021935,
' Deed Records, Collin County, Texas;
THENCE, departing said west line, along the centerline of said 150 foot easement, South 25 degrees, 40
minutes, 52 seconds West, a distance of 75.82 feet to a 5/8" iron rod set with red plastic cap stamped
"R.P.L.S. 5199";
Ordinance No. 2065-6-02. Page 3
THENCE, continuing along said centerline, South 44 degrees, 51 minutes, 01 seconds West, a distance o
' f251.97 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199";
THENCE, continuing along said centerline, South 29 degrees, 50 minutes, 52 seconds West, a distance of
50.42 feet to a 5/8" iron rod set with red plastic cap stamped "R.P.L.S. 5199' ;
I
THENCE, departing said centerline, North 89 degrees, 58 minutes, 46 seconds West, a distance of 318.42
feet to the POINT OF BEGINNING and containing 214,462 square feet or 4.9234 acres of land, more or less.
Ordinance No. 2065-6-02 Page 4
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