O-2787-11-08incl01UAz[8J31a sj t:r6le1:1
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING AND MAP AS
PREVIOUSLY AMENDED BY AMENDING PLANNED DEVELOPMENT NO. 58,
ORDINANCE NO. 1409-3-96 AS HERETOFORE AMENDED BY ALLOWING SELF
STORAGE AS AN ACCESSORY USE FOR A PORTION OF TRACT 5 OF PLANNED
DEVELOPMENT DISTRICT NO. 58 ON 14 ACRES OF LAND LOCATED IN THE
HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A";
PROVIDING FOR DEVELOPMENT REGULATIONS; PROVIDING FOR A
CONCEPT PLAN ATTACHED AS EXHIBIT "B"; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALING 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, 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 m the affected area, and
in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that the Allen Land
' Development Code and Zoning Map as previously amended so be be amended as provided herein.
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 Map, as previously
amended, be and the same is hereby amended by amending Planned Development No. 58, Ordinance No.
1409-3-96, as heretofore amended to allow self storage as an accessory use for a portion of Tract 5 of
Planned Development District No. 58 on 14 acres of land located in the Henry Wetsel Survey, Abstract No.
1026, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto and
incorporated herein for all purposes.
SECTION 2. The above property shall be developed and used only in accordance with the following
development conditions:
A. The property shall be developed and used only in accordance with the Concept Plan attached hereto
as Exhibit "B," and the Building Elevations attached hereto as Exhibit "C," and which are hereby
approved.
B. Base Zoning District: The property shall be developed and used only in accordance with the "SC"
Shopping Cerner District zoning regulations, except as otherwise provided herein:
1. Permitted Uses: The use of this property shall be limited to all uses permitted in the SC District.
In addition to those permitted uses, self storage shall be permitted as an accessory use subject to
' the following conditions:
i. The net rentable storage square footage will not exceed 50% of the total building square
footage.
ii. A tr nfinu n of 55% of the new rentable square footage will be business storage.
iii. The following items are prohibited in the self storage facility:
I .
any living creature or organism, or any dead animal mother carcass
2.
gasoline, oil, fuel, grease, anti -freeze or flammable chemicals
' 3.
4.
explosives, fireworks or ammunition
corrosive, toxic, poisonous, or hazardous materials or waste
5.
asbestos or a sbestoscontaining construction materials
6.
lawn debris (grass clippings, brush, etc.)
7.
construction debris, tires, oil or batteries, whether new or used
8.
items having a noxious smell in Lessor's sole judgment
9.
marijuana and/or controlled substances; operating phones
10.
prohibited weapons under the Texas Penal Code
11.
stolen property, and items illegal for self storage under any law
12.
anything with a fuel tank (vehicles, boats, motorcycles, mowers, etc.)
13.
gasoline cans or similar containers for combustible fuel
14.
liquid propane tanks, oxygen tanks m similar containers
15.
food product storage (used by non -tenants), fertilizers, pesticides, or items which are wet
and could mildew
16.
space used for lodging, sleeping, cooking or consumption of alcoholic beverages
17.
garage sale, flea market sales from space
18.
any use that violates zoning, fire or criminal codes or other laws
2. Compliance Letter. The owner of the property shall submit to the City Secretary on December
31" of each year and within 30 days after written request of the City a swom affidavit certifying
that the property is being used and operated in compliance with this ordinance and that:
i. the net rentable storage square footage within the building does not exceed 50% of the total
building square footage.
u. the storage square footage available within the building for leasing by the general public does
' not exceed 45% of the total storage square footage of the building.
SECTION 3. The above property shall be used only in the manner and for the purposes provided for in the
Allen Land Development Code Zoning Regulations of the City of Allen, Texas as heretofore amended, and as
amended herein.
SECTION 4. 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, provided however Planned Development No. 58 shall
continue in full force and effect except as heretofore amended and as amended herein.
SECTION 5. 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 6. 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 for this purpose.
SECTION 7. Any person, form 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 of the City of Allen, as
previously amended, and upon conviction shall be punished by a fore not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense, and each and every day such violation shall continue shall be deemed to
constitute a separate offense.
SECTION 8. This ordinance shall take effect immediately from and after its passage and publication of the
caption as the law and charter in such cases provide and it is accordingly so ordained.
Ordinance No. 2787-11-08 Page 2
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE Urn DAY OF NOVEMBER, 2008.
APPROVED:
APPROVED AS TO FORM: ATTEST:
Peter G Smith, CIfY ATTORNEY Shelley B. Georg C, CITY SEeRETARY
Ordinance No. 2787-I1-08, Page 3
Exbibit "A"
LEGAL DESCRIPTION
TRACTS
Being a tract of land situated in the Henry Weisel Survey, Abstract No. 1026 Collin
County, Texas and being more particularly described as follows;
BEGINNING at the intersection of the westerly right-of-way line of State Highway No. 5
and the northerly right-of-way line of Exchange Parkway;
THENCE departing the westerly right-of-way line of said State Highway No. 5 and along
the northerly nghtof-way line of Exchange Parkway as follows;
South 66°05'03 Wast a distance of 39.43 feet to a point;
North 71 °3237 West distance of 650.00 feet to a point for comer.
THENCE departing the north right-of-way fine of Exchange Parkway North 23°35'29'
East a distance of 870.00 feet to a point for comer;
THENCE South 79°4339 East a distance of 590.00 feet to a point for comer.
THENCE South 101162 r West a distance of 50.00 feet to a T la found;
THENCE South 79°4339 East a distance of 94.31 feet to a ST 'von rod found in the
westerly rightot-way line of said State Highway No. 5;
THENCE along the westerly right-of-way line of said State Highway No. 5 South
23°3529 West a distance of 889.22 feet to the point of beginning;
CONTAINING 14 acres more or teas.
Ordinance No. 2787-11-88, Page 4
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Ordinance No. 2787-11-08, Page 7