O-3151-5-13ORDINANCE NO. 3151-5-13
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING PLANNED
DEVELOPMENT NO. 54 FOR SHOPPING CENTER USE TO ALLOW MINI -
WAREHOUSES AS A PERMITTED USE AND ADOPTING A CONCEPT PLAN,
DEVELOPMENT REGULATIONS AND BUILDING ELEVATIONS FOR A 5.36± ACRE
TRACT OF LAND OUT OF TRACT 15 OF PLANNED DEVELOPMENT NO. 54, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, DESCRIBED IN EXHIBIT "A"; PROVIDING FOR A
CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS 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 and the governing body of the City of Allen, Texas, in
compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, 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 Allen Land
Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, 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 the Zoning Map of the City of
Allen, Collin County, Texas, as previously amended, be further amended by amending Planned Development
No. 54 for Shopping Center Use to allow mini -warehouses as a permitted use on a 5.36« acre tract of land out
of Tract 15 of Planned Development No. 54, City of Allen, Collin County, Texas, described in Exhibit "A"
attached hereto and incorporated herein by reference ("the Property").
SECTION 2. The Property shall be developed and used only in accordance with the regulations of the
Allen Land Development Code and Tract 15 of PD -54, as previously adopted and amended, except as further
amended as follows:
A. Additional Permitted Use: In addition to uses for which property located in Tract 15 of PD -54
is permitted to be developed, the Property may be used and developed for mini-
warehouse/public storage purposes.
B. Concept Plan: If developed for mini-warehouse/public storage purposes, the Property shall be
developed in accordance with the Concept Plan attached hereto as Exhibit "B" and
incorporated herein by reference; provided, however, minor differences between the Concept
Plan and the Site Plan may be approved at the time of Site Plan approval provided such
differences do not alter the general configuration of buildings, parking, internal circulation,
and/or points of ingress and egress to and from the Property as shown on the Concept Plan.
Development of the Property for any purpose other than mini-warehouse/public storage
purposes shall require approval of a new concept plan.
C.
' D.
E.
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F.
Building Elevations: If developed for mini-warehousetpublic storage purposes, the elevations of
the buildings constructed on the Property shall substantially conform to the Building Elevations
attached hereto as Exhibit "C" and incorporated herein by reference.
Building Setback: If developed for mini-warehouse/public storage purposes, the minimum rear
yard setback for the Property shall be twenty-five (25) feet.
Screening: If developed for mini-warehousetpublic storage purposes, screening of the Property
from adjacent properties shall be as follows and substantially conform to the Screening Plan
attached hereto as Exhibit "D" and incorporated herein by reference:
(1) Adjacent to the southern and eastern property lines, screening shall consist of:
(a) The rear wall of the mini -warehouse buildings with masonry wall connectors
of equal height substantially as shown on the Concept Plan and Building
Elevations; and,
(b) Evergreen trees planted not greater than 25 feet apart on center and which are
not less than three (3) caliper inches at the time of planting; and
(c) A 24 -inch tall berm as =noted from the top of the adjacent alley pavement.
(2) Adjacent to the northern and western property lines, screening shall consist of the
rear wall of the mini -warehouse buildings with masonry wall connectors of equal
height substantially as shown on the Concept Plan and Building Elevations.
(3) From the southwest comer of the Property to Alma Drive, screening shall consist of
an 8 -foot masonry screening wall.
(4) No building permit shall be issued for any building constructed on the Property until
a fence permit is applied for and approved for the construction of the masonry
screening wall along the southern property line (extending to Alma Drive) and
eastern property line as shown on the Concept Plan. No certificate of occupancy
shall be issued for any building constructed on the Property until it has been
determined, by the City's Building Official and Director of Community
Development, that the masonry screening wall is substantially complete.
Hours of Operation: If developed for mini-warehousetpublic storage purposes, the hours of
operation for the Property shall be as follows:
(1) Office: The on-site office shall be open to public for business only during the
following boors on the specified days:
(a) Monday through Friday: a period of time beginning not earlier than 9:00 a.m.
and ending not later than 7:00 p.m. on each of said days.
(b) Saturday: a period of time beginning not earlier than 9:00 a.m. and ending
not later than 5:00 p.m.
(c) Sunday: a period of time beginning not earlier than 12:00 p.m. and ending
not later than 5:00 p.m.
Ordinance No. 3151-5-13, Page 2
(2) Gate: The gate(s) providing access by the public to the interior storage units shall
remain locked and inaccessible to the public every day except between a period of
' time beginning at 7:00 a.m. and ending not later than 9:00 p.m.
G. Auctions: Auctions related to the sale of private property held in storage units for purpose of
recovering unpaid storage unit rentals as authorized by law shall be permitted to be held two (2)
times within a calendar year subject to application for and issuance of a Temporary Use/Special
Event Permit.
H. Special Development Re¢ulations: In addition to the other development and use regulations
set forth in this Ordinance, the development and use of the Property for a mini-warehousetpublic
storage use shall be subject to the special development regulations set forth in Section 6.06.5 of
the Allen land Development Code, as amended, with the following additional requirements:
(I) A caretaker shall office and dwell on the Property twenty-four (24) hours per day and
seven (7) days per week in the required caretaker office and residence.
(2) The prohibition of the conduct of sales, business or any activity other than storage
within any individual storage unit includes, but is not limited to, the conversion of any
individual storage units to an office, retail, or other non-residential use.
(3) The types of materials which are prohibited from being stored on the Property in
accordance with Section 6.06.5.j. shall also include combustible and explosive materials.
SECTION 3. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other
' ordinances of the City of Allen governing the use and development of the Property and which are not
expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling.
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 Allen Land Development Code Zoning Regulations 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 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.
Ordinance No. 3151-5-13, Page 3
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 28TH DAY OF MAY, 2013.
APPROVED AS TO FORM:
Peter G. Smith, C ATTORNEY
(kb1:5/17/13)
APP OVED:
C Oro
Stephen Terrell, MAYOR It
ATTEST:
Shelley13. George, VJOW, CITYSECIWTARY
Ordinance No. 3151-5-13, Page 4
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EXHIBIT "A"
LEGAL DESCRIPTION
BEING that certain lot, tract, or parcel of land located in the
Catherine Parsons Survey, Abstract No. 711, in the City of Allen,
Collin County, Texas, and being part of that certain tract of
land described as Tract 15 in deed to Bossy Boots Holdings, Ltd.,
recorded in Volume 5398, Page 6447, in the Deed Records of Collin
County, Texas (DRCCT), and being more particularly described as
follows;
BEGINNING at a 1/2 inch iron rod with plastic cap stamped
"DiSciullo s Terry" set, said iron rod being located on the south
right-of-way line of Exchange Parkway (called 133 foot R.O.W.),
and being the northwest corner of a called 15 foot Landscape Area
as shown on the Amended Plat of Twin Creeks, Phase 4C, an
addition to the City of Allen recorded in Cabinet N, Page 34, of
the Plat Records of Collin County, Texas 1PRCCT);
THENCE South 00°22107" East, leaving said south right-of-way line
of Exchange Parkway, passing at a distance of 15.12 feet a 5/8
inch iron rod with plastic cap stamped "Carter d Burgess" found,
said iron rod being the southwest corner of said 15 foot
Landscape Area, and continuing with the west line of a called 16
' foot Alley right-of-way dedicated according to said plat recorded
in Cabinet N, Page 34, PRCCT, continuing in all, a distance of
639.70 feet to an "X" Cut in concrete found for corner, said "X"
being a southwest corner of said Twin Creeks, Phase 4C, and being
located on the northerly line of a called 16 foot Alley right-of-
way dedicated according to the Final Plat of Twin Creeks, Phase
IV B, an addition to the City of Allen recorded in Cabinet K,
Page 160, PRCCT, from which an "X" cut in concrete found bears
North 89026'46" East, a distance of 56.19 feet;
THENCE South 89°28'21" West, with said northerly line of the
Alley sight -of -way, a distance of 270.94 feet to a 5/8 inch iron
rod found for corner;
THENCE North 60027'17" west, continuing with the northerly line
of the Alley right-of-way, a distance of 391.50 feet to a 5/8
inch iron rod with plastic cap atamped "Carter a Burgess" found
for corned
Ordinance No. 3151-5-13, Page 5
THENCE South
89°03'25"
West, continuing with the northerly
line
of the Alley
right-of-way,
a distance of 9.71 feet to a 1/2
inch
iron rod with
plastic
cap
stamped "DiSciullo i Terry" set
for
corner, from
which an
"x"
cut in concrete found on the
east
right-of-way
line of
Alma
Road (variable width R.O.W.) bears
South 89003'25"
West, a
distance of 391.91 feet;
'
Ordinance No. 3151-5-13, Page 5
EXHIBIT "A"
LEGAL DESCRIPTION (Continued)
THENCE North 00'22'071 Hest, leaving the northerly line of the
Alley right-of-way, a distance of 178.80 feet to a 1/2 inch iron
rod with plastic cap stamped "DiSciullo f Terry" set for corner;
THENCE North 89°55152" East, a distance of 480.00 feet to a 1/2
inch iron rod with plastic cap stamped "DiSciullo 6 Terry" set
for corner;
THENCE North 00022107^ West, a distance of 269.00 feet to a 1/2
inch iron rod with plastic cap stamped -DiSciullo 6 Terry" set
for corner, said iron rod being located on the aforementioned
south right-of-way line of Exchange Parkway, from which a 5/8
inch iron rod with plastic cap stamped -Carter a Burgess- round
at the southwest corner of a right-of-way dedication for Exchange
Parkway according to the aforementioned plat recorded in Cabinet
N, Page 34, PRCCT, bears South 09'37.21' West, a distance of
390.70 feet;
THENCE North 89°37'21" East, with said south zight-of-way line of
Exchange Parkway, a distance of 140.00 feet to the POINT OF
BEGINNING of herein described tract, containing 233,426 square
feet, or 5.358 acres of land.
' The bearings shown and recited hereon are referenced to the Texas
State Plane Coordinate System, North Central Zone - No. 4202, HAD
83 (Reference line - a monumented northerly line of Twin Creeks,
Phase Tv B, recorded in Cabinet E, Page 160, Plat Records of
Collin County, Texas - N60°27117"WI.
Ordinance No. 3151.5-13, Page 6
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EXHIBIT "B"
CONCEPTPLAN
Ordinance No. 3151.5.13, Page 7
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EXHIBIT "C"
BUILDING ELEVATIONS
Ordinance No. 3151-5-13, Page 8
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EXHIBIT "D"
SCREENING PLAN
Ordinance No. 3151-5.13, Page 9