O-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"
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Ordinance No. 2029-2-02, Page 5