O-3519-9-17ORDINANCE NO. 3519.9-17
' 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,
RELATING TO THE USE AND DEVELOPMENT OF AN 8.472± ACRE TRACT OF
LAND IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708 AND THE RUFUS
SEWELL SURVEY, ABSTRACT NO. 875, PRESENTLY ZONED AS LIGHT
INDUSTRIAL "Lr' BY CHANGING THE ZONING TO CREATE PLANNED
DEVELOPMENT "PD" NO. 131 WITH A BASE ZONING OF SHOPPING CENTER
"SC" AND ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, AND
BUILDING ELEVATIONS; 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 relating to the use and development
of 8.472± acres of land in the William Perrin Survey, Abstract No. 708 and the Rufus Sewell Survey, Abstract
No. 875 described in "Exhibit A," attached hereto and incorporated herein by reference, (`the Property") which
is presently zoned Light Industrial "LI" by changing the zoning to create Planned Development "I'D" No. 131
with a base zoning of Shopping Center "SC" and subject to the use and development regulations set forth in
Section 2 of this Ordinance.
SECTION 2. The Property shall be developed and used in accordance with the provisions of the Allen Land
Development Code, as amended, ("ALDC") except to the extent modified by the Development Regulations set
forth below:
A. BASE ZONING DISTRICT: The Property shall be developed and used in accordance with Shopping
Center "SC" zoning regulations except as provided herein.
B. ADDITIONAL PERMITTED USES: In addition to the uses permitted within the "SC" zoning
district, the Property may be used and developed for the following purposes:
I(1) Mini-warehousetpublic storage, such use being limited to the area shown on the Concept Plan
as "Lot 3",
(2) Fueling station, such use being limited to the area shown on the Concept Plan as "Lot 4"; and
(3) Target Range following approval of a Specific Use Permit for such use.
' C. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan
attached hereto as Exhibit "B" and incorporated herein by reference ("Concept Plan"). Minor
modifications to street alignments that do not alter the general alignment shown on the Concept Plan
may be made at the time of Site Plan approval.
D. BUIIAING ELEVATIONS: The buildings constructed on the Property shall be developed in general
conformance with the Building Elevations (style and materials) attached hereto as Exhibit "C", and
incorporated herein by reference (the "Elevations"). The red horizontal stripe around the fueling station
canopy may not be more than six inches (6") wide as shown on the Fueling Station Canopy Elevations.
E. MAXIMUM PERCENT LOT COVERAGE: 60%
F. SETBACKS: Minimum setbacks shall be as shown on the Concept Plan.
G. PARKING AND ACCESS EASEMENTS: Prior to or concurrently with approval of any plat
subdividing the Property, one or more mutual access easements for vehicle and pedestrian travel and
parking shall be granted between and among all lots within the Property providing for cross -access
amongst all lots and the right of all lot owners and tenants to use parking areas on all other lots subject
to such covenants, restrictions, and agreements as may be established relating to repair, maintenance,
and replacement of such parking areas.
H. TRAFFIC: Prior to issuance of the first Certificate of Occupancy for any building constructed on the
Property, and subject to adjustment based on final designs approved by the Director of Engineering,
' the following shall be constructed as shown on the Concept Plan:
(1) Deceleration lanes on Bethany Drive and Greenville Avenue; and
(2) Right mm lane extension on Bethany Drive at Greenville Avenue.
FUELING STATION STANDARDS: Development and use of the Property for a fueling station
shall comply with ALDC Section 6.06.2, as amended.
J. MINI-WHAREHOUSEIPUBLIC STORAGE STANDARDS: ALDC Section 6.06.5 "Mini-
Wamhouses/Public Storage" shall apply to the use and development of the mini-warehouse/public
storage business operated on the Property with the following modifications and/or additions:
(1) Notwithstanding ALDC Section 6.06.5.a, an on-site caretaker office and residence is permitted,
but not required;
(2) Notwithstanding ALDC Section 6.06.5.c, the building housing the storage units may exceed
one story, but shall not exceed four (4) stories, and in no case greater than forty-four feet (44'),
in height;
(3) Notwithstanding ALDC Section 6.06.5.d, if the building containing the storage units is more
than one-story in height, roof -mounted mechanical equipment shall be permitted on the
building, but only if screened from public view in accordance with ALDC sec. 7.03.3, as
' amended;
(4) Notwithstanding ALDC Section 6.06.5.1, if the mini-warehouse/public storage business
developed on the Property provides for entry into storage units from an interior hallway, the
exterior walls of the building may have exterior doors to provide access to the on-site office
Ordinance No. 3519-9-17, Page 2
and caretaker residence, if applicable, and one or more garage doors to provide entry for
vehicles into the building; provided, however, such garage doors must be located and screened
' as shown on the Concept Plan. In no case shall any door providing entry directly to a storage
unit be visible from any public street or any adjacent property; and
(5) The prohibitions set forth in ALDC Section 6.06.51, regarding the conduct of sales, business
or any activity other than storage within any individual storage unit shall include, but not be
limited to, the conversion of any one or more storage units to an office, retail, or other non-
residential use.
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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26TH DAY OF SEPTEMBER 2017.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
1
Peter G. SndW CITY ATTORNEY ShelleyB. George, TRMC, TYSECRETARY
(u] 9114M90 )
Ordinance No. 3519-9-17, Page 3
EXHIBIT"A"
' LEGAL DESCRIPTION
BEING a tract of land situated in the William Perrin Survey, Abstract No.708 and the Rufus Sewell Survey, Abstract
No. 875, City of Allen, Collin County, Texas and being part of Lot 1, Block A and all of Lot 2, Block A of Final Plat of
Lots 1-3, Block A of Lyrick Addition, an addition to the City of Allen, according to the plat thereof recorded in Cabinet
L, Slide 501, Official Public Records, Collin County, Texas, and pan of a tract of land described in Deed to LFP Real
Estate, L.P., recorded in Volume 4866, Page 2406, Deed Records, Collin County, Texas, and being more particularly
described as follows:
BEGINNING at the intersection of the northwest right-of-way line of Greenville Avenue (State Highway No. 5 - a
variable width right-of-way) with the southwest right-of-way line of Bethany Drive (a variable width right-of-way), and
being the east corner of said Lot 2,
THENCE with said northwest right-of-way line the following courses and distances, to wit:
South 29"5658" West, a distance of 189.66 feet to a brass disk found;
South 31°54'58" West, a distance of 294.96 feet to a 5/8" iron rod with plastic cap marked "HEWITT
ZOLLARS" found for the most easterly north east comer of Lot 3, Block A, of said Lyrick Addition;
THENCE departing said northwest right-of-way line and with the north and east line of said Lot 3, the following
courses and distances, to wit
North 58°05'02" West, a distance of 41.44 feet to a 5/8" iron rod with plastic cap narked "HEWITT
ZOLLARS" found;
' South 31°5458" West, a distance of 60.00 feet to an "X" cut in concrete found at the beginning of a non -tangent
curve to the left having a central angle of 15"57'36", a radius of 529.00 feet, a chord bearing and distance of
North 66°03'50" West, 146.88 feet;
In a northwesterly direction, with said curve to the left, an are distance of 147.36 feet to an "X" cut in concrete
found;
North 74°02'38" West, a distance of 7336 feet to an "X" cut in concrete found at the beginning of a tangent
curve to the right having a central angle of 5°0636", a radius of 471.00 feet, a chord bearing and distance of
North 71°29'20" West, 41.99 feet;
In a northwesterly direction, with said curve to the right, an we distance of 42.01 feet to a point for corner;
North 68°56'02" West, a distance of 74.05 feet to a point for corner;
North 23°56'02" West, a distance of 69.59 feel to a point for corner;
North 21 °03'58" East, a distance of 85.93 feet to an "X" cut in concrete found for the beginning of a tangent
curve to the left having a central angle of 20°22'06", a radius of 500.00 feet, a chord bearing and distance of
North 10°52'55" East, 176.81 feet;
In a northeasterly direction, with said curve to the left, an are distance of 177.75 feet to an "X" cut in concrete
found;
North 0°41'53" East, a distance of 96.75 feet to a point at the beginning of a tangent curve to the right having a
central angle of 16"34'20", a radius of 738.50 feet, a chord bearing and distance of North 8°59'02" East, 212.86
feet;
Ordinance No. 3519-9.17, Page 4
In a northeasterly direction, with said curve to the right, passing at an we distance of 113.70 feel an "X" cut in
concrete found for the west corner of said Lot 2, and continuing a total arc distance of 213.60 feet to an "X" cut
' to concrete found for the most northerly northeast corner of said Lot 3;
THENCE departing said north and east line and with the east line of a 24 -foot Fire Lane, Mutual Access & Water
Easement, the following courses and distances to wit:
North 17°09'01" East, a distance of 29.26 feet to a point for corner;
North 21 °03'58" East, a distance of 228.04 feet to a point at the beginning of a tangent curve to the left having a
central angle of 30°33'53", a radius of 130.00 feet, a chord bearing and distance of North 5"46'58" East, 68.53
feet;
In a northeasterly direction, with said curve to the left, an arc distance of 69.35 feet to a point at the beginning
of a reverse curve m the right having a central angle of 77°41'42", a radius of 20.00 feet, a chord bearing and
distance of North 29°20'28" East, 25.09 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 27.12 feet to a point for corner;
North 68"10'58" East, a distance of 30.58 feet to a point for corner to said southwest right-of-way line;
THENCE with said southwest right-of-way line the following courses and distances, to win
South 21'48'18" East, a distance of 213.86 feet to a 5/8" iron rod with plastic cap marked "HEW ITT
ZOLLARS" found;
South 19°29'43" East, a distance of 101.74 feet m a 5/8" iron rod with plastic cap marked' HEWITT
' ZOLLARS" found at the beginning of a tangent curve to the left having a central angle of 24°01'28", a radius of
600.00 feet, a chord bearing and distance of South 31 °3027" East, 249.74 feet;
In a southeasterly direction, with said curve to the left, passing at an arc distance of 88.13 feet a 5/8" iron rod
with plastic cap marked "HEW ITT ZOLLARS" found for the north comer of said Lot 2, and continuing a total
arc distance of 251.58 feet to a point at the beginning of a compound curve to the left having a central angle of
16°31'51", a radius of 675.87 feet, a chord hearing and distance of South 51°47'07" East, 194.32 feet;
1
In a southeasterly direction, with said curve to the left, an we distance of 195.00 feet to point for corner;
South 60°03'02" East, a distance of 30.00 feet to the POINT OF BEGINNING and containing 8.472 acres
(369,021 square feet) of land, more or less.
This document was prepared under 22 TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
Ordinance No. 3519.9.17, Page 5
EXHIBIT `B"
CONCEPTPLAN
Ordinance No. 3519.9-17, Page 6
EXHBIT "C"
Ordinance No. 3519.9.17, Page 7
s
8
F
Ordinance No. 3519.9.17, Page 7
I
EXHBIT "C"
BUILDING ELEVATIONS cont
Ordinance No. 3519-9-17, Page 8
I
1
EXHIBIT"C"
BUILDING ELEVATIONS cont.
Ordinance No. 3519-9-17, Page 9