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O-3416-8-16ORDINANCE NO. 3416-8-16 ' 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 THE DEVELOPMENT REGULATIONS, ADOPTING A CONCEPT PLAN, AND ADOPTING BUILDING ELEVATIONS FOR LOT 2R, BLOCK 1, ALLEN STATION BUSINESS PARK #2 (COMMONLY KNOWN AS 1379 ANDREWS PARKWAY), CITY OF ALLEN, COLLIN COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND SUBJECT TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. 58; 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 the development regulations of Planned Development No. 58 and adopting a Concept Plan and Building Elevations for Lot 2R, Block 1, Allen Station Business Park #2 (commonly known as 1379 Andrews Parkway), City of Allen, Collin County, Texas (`the Property") described in Exhibit "A," attached hereto and incorporated herein by reference. SECTION 2. The Property shall be developed and used in accordance with the applicable provisions of the Allen Land Development Code ("ALDC"), as amended, except to the extent modified by the Development Regulations set forth below: A. ADDITIONAL PERMITTED USE: In addition to the uses permitted within PD -58, the Property may be used and developed for mini-warehouse/public storage purposes. B. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "A," and incorporated herein by reference. Minor modifications to streets that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan approval. C. BUILDING ELEVATIONS: The Property shall be developed in general conformance with the Building Elevations attached hereto as Exhibit `B," and incorporated herein by reference. ' D. SCREENING: Screening shall be constructed and/or installed along the boundaries of the Property in general conformance with the Concept Plan attached hereto as Exhibit "A", and incorporated herein by reference. No building permit shall be issued until the fence permit has been issued and screening wall construction begun. No final inspection will be conducted until the Director of Community Development or designee has determined that construction and installation of all required screening has been completed. ' E. HOURS OF OPERATION: The hours of operation for the Property shall be as follows: Office hours: Monday — Friday not earlier than 9:00 a.m. to not later than 6:00 p.m. Saturday not earlier than 8:30 a.m. to not later than 5:00 p.m. Sunday not earlier than 12:00 p.m. to not later than 4:00 p.m. Keycard Access to storage units: No time limitations. 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. G. SPECIAL ZONING PROVISIONS: ALDC Section 6.06.5 "Mini-Warehouses/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 not required. (2) Notwithstanding ALDC Section 6.06.5.0, the storage areas shall be contained internal to a ' single building not to exceed three (3) stories, but in no case greater than forty feet (40.0'), in height. (3) Notwithstanding ALDC Section 6.06.5.d, roof -mounted mechanical equipment which is screened in a manner so that such equipment is not visible from adjacent public streets is permitted. (4) In addition to the types of materials which are prohibited from being stored on the Property in accordance with ALDC Section 6.06.5.j, the storage of combustible and explosive materials is prohibited. (5) The prohibition 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 limited to, the conversion of any individual storage units to an office, retail, or other non- residential use, is prohibited. (6) No portion of the Property tray be used for residential purposes except for a residence for the owner or person employed by the owner of the mini-warehouse/public storage business whose principal duties are to manage said business, and that person's spouse and children only. 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. Ordinance No. 3416-8-16, Page 2 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 23- DAY OF AUGUST 2016. APPROVED: J02) tephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: er G. Smith, CIff ATTORNEY Shelley B. George, TRMC, CITY SEC TARY (kb1:8/I1l16:98253) 1 Ordinance No. 3416-8-16, Page 3 I EXHHiIT "A" CONCEPTPLAN Ordinance No. 34168-16, Page 4 I I ' BIS i e "kP+ Yx a -n 0 Mv .r� - Im ^`n �+ p#ngpp PP :P yypp y y - 6 t�`Cfli01�5' e 6� 5[1r oil I IVIpS �t 5, 6¢b I ..in a �. Ordinance No. 34168-16, Page 4 I 1 EXIMIT `B" BUILDING ELEVATIONS Ordinance No. 3416-5-16. Page 5 Lam 0 Ordinance No. 3416-5-16. Page 5