O-3419-9-16ORDINANCE NO. 3419-9-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND
ZONING MAP BY AMENDING THE DEVELOPMENT REGULATIONS TO ADD A
DEFINITION FOR "GARAGE CONDOS", ADDING "GARAGE CONDOS" AS A
PERMITTED USE, AND PROVIDING FOR ADDITIONAL REGULATIONS,
ADOPTING A CONCEPT PLAN, SCREENING PLAN, AND ADOPTING BUILDING
ELEVATIONS FOR A 13.605+ PORTION OF PLANNED DEVELOPMENT NO. 92
("PD 92') LOCATED IN THE F. DOSSER SURVEY, ABSTRACT NO. 280, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, WHICH PROPERTY IS LOCATED IN AND
SUBJECT TO THE REGULATIONS OF PLANNED DEVELOPMENT NO. 92;
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. 92 ("PD 92") and adopting a Concept Plan, Screening Plan, and
Building Elevations for a 13.6053 acre portion of PD 92 located in the F. Dosser Survey, Abstract No. 280,
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 ("AIDC"), as amended, except to the extent modified by the Development
Regulations set forth below:
A. ADDITIONAL PERMITTED USES: In addition to the uses permitted within PD -58, the Property
may be used and developed for mini-warehouse/public storage and garage condo purposes.
B. GARAGE CONDO DEFINED: "Garage Condo" means a structure used solely for storage of personal
property which can be defined as a "condominium' as set forth in Texas Property Code §82.003(a)(8),
as amended and subject to a declaration of condominium that complies with Chapter 82 of the Texas
' Property Code, as amended.
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. Minor modifications to streets
' D.
E.
F.
that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan
approval.
BUILDING ELEVATIONS: The Property shall be developed in general conformance with the
Building Elevations attached hereto as Exhibit "C", and incorporated herein by reference.
SETBACK: The side yard setback on the southern side of Lot 5 shall be five feet (5.0').
SCREENING:
(1) Screening shall be constructed and/or installed along the boundaries of the Property in general
conformance with the Concept Plan attached hereto as Exhibit "B" and the Screening Plan
attached hereto as Exhibit "D", and incorporated herein by reference.
(2) No building permit shall be issued until the fence permit has been issued and screening wall
construction begun.
(3) No Certificate of Occupancy will be conducted until the Director of Community Development
or designee has determined that construction and installation of all required screening has been
completed.
(4) In the event the final design of any structure results in exterior doors providing entry into
storage areas or garage condos along the western facade of such building, to the extent not
already shown on Exhibits `B" or "D", such western facing doors shall be screened from the
adjacent properties by an eight foot (8.0') tall masonry wall constructed on the western side of
the firelane easement and consistent with the design of the other required screening walls. The
issuance of a building permit and certificate of occupancy relating to such required screening
shall be as set forth in paragraphs (2) and (3), above.
G. STREET IMPROVEMENTS: The Developer shall construct all improvements necessary to install
the left -tum lanes on Chelsea Boulevard in general conformance with the Concept Plan attached hereto
as Exhibit `B." Common access will be provided on the Property for the use of property to the south
to access the first full median opening located north of Stacy Road as shown on the Concept Plan. No
Certificate of (Occupancy for any structure located on the Property shall be issued until completion of
construction and acceptance by the City Engineer of such left tum time.
H. HOURS OF OPERATION: The hours of operation for the Property shall be as follows:
Mini -Warehouse Office:
Monday — Friday not earlier than 8:30 a.m. to not later than 6:30 p.m.
Saturday not earlier than 8:30 a.m. to not later than 5:00 p.m.
Sunday Closed
Mini -Warehouse access: not earlier than 6:00 a.m. to not later than 9:00 p.m. daily
Garage Condos access: No time limitations.
AUCTIONS: Auctions related to the sale of private property held in storage units or garage condos for
purpose of recovering unpaid units 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.
Ordinance No. 3419-9-16, Page 2
J. 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 and garage condo 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.c, the storage units shall not to exceed two (2) stories,
but in no case greater than thirty feet (30.0'), 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) 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 or garage condo shall
include, but not limited to, the conversion of any individual storage units to an office, retail, or
other non-residential use, is prohibited.
(5) No portion of the Property may 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 or
garage condos whose principal duties are to manage said business, and that person's spouse
and children only.
K. DECLARATION OF CONDOMINIUM: Development and use of the Property for Garage Condo
' purposes shall not commence prior to the execution and recording of a declaration of condominium in
compliance with Chapter 82 of the Texas Property Code, as amended, the form of which must conform
with Section 8.20 of the ALDC, as amended.
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. 3419-9-16, Page 3
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 13TH DAY OF SEPTEMBER 2016.
APPROVED AS TO FORM:
G� i. 4x/i
Peter G. Smith, C&TY ATTORNEY
obL813016.78W)
APPROVED:
tephen errell, MAYOR
ATTEST:
`LFA 0 9 a�
Shelley B. Georg�RMC, CITY SECRETARY
Ordinance No. 3419-9-16, Page 4
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION—TRACTI SELF STORAGE
BEING a tract of land situated in the F. Dosser Survey, Abstract No. 280, City of Allen, Collin
County, Texas, the subject tract being a portion of a tract conveyed m Stacy & Chelsea, L.P.
according to the deed recorded in DneumentNo. 20090820001045560 oftheDeed Records, Collin
County, Texas (DRCCT), with the subject tract being more particularly described as follows:
BEGINNING at a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the west line of
Chelsea Boulevard, a variable width public right-of-way created by tire final plat of Starcreek
Phase Three, an addition to the City of Allen, recorded in Cabinet 2009, Page 375, Plat Records,
Collin County, Texas (PRCCT), for the northeast comer of Lot 1, Black A, Stacy -Chelsea
Commercial Addition, an addition recorded in Cabinet 2011, Page 348 PRCCT;
THENCE S 88"52'09" W, 286.97 feet along the north line of Lot 1 to an "X" set in concrete on the
east line of Lot 2, Block A, Stacy -Chelsea Commercial Addition, an addition recorded in Cabinet
2012, Page 420 PRCCT;
THENCE N 01°07'52" W, 44.30 feet along the east as of Let 2 to an "X" set in concrete for the
northeast comer thereof,
THENCE continuing along the common line of Lot 2, the following
S 89°32'30" W, 87.54 feet to an "X" set in concrete;
' A tangent curve to the right having a central angle of 18°47'52", a radius of 200.00 feet, a
chord of 81-03'34" W - 65.32 feet, an arc length of 65.62 feet to an "X" set in concrete;
S 19°47'16" W, 18.06 feet to an "X" at in concrete;
N 70°1244" W, 74.00 feet to an "X" set in concrete;
S 19°47'16" W, 55.02 feet to a 5/8" iron rod with plastic cap found;
And around a non -tangent curve to the right having a central angle of4195'16%a radius of 105.25
fees a chord of S 40"29'36" W - 74.73 feet, passing at an aro length of 9.49 feet a 5/8" iron end
with plastic cap found for the upper southwest comer of said Lot 2, and continuing a total we
distance of 76.39 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set;
THENCE around a non -tangent curve to the left having a central angle of 61'08'51", a radius of
68.88 feet, a chord of S 25°10149" W - 70.07 feet, an arc length of 73.51 feet to a 1/2" iron rod
with plastic cap stamped "SPIARSENG" set;
THENCE S 01.0758" E, 173.57 feet to a 1/2" 'von rod with plastic cap stamped "SPIARSENG"
act on the north line of Stacy Road, a variable width public right-of-way, and from which a 60d
nail found for the southwest comer of said Lot 2 beats N 88°52'02" E, 153.69 feet;
Ordinance No. 3419-9-16, Page 5
EXHIBIT "A"
' THENCE S 88°52'02" W, 140.21 feet along the north line of Stacy Road to a 12" iron rod with
plastic cap stamped "SPIARSENG" set for the southeast corner of Starcreek Phase Three;
THENCE N 19°47'14" E, 667.32 feet along the lower east line thereof to a 12" iron rod with
plastic cap stamped "SPIARSENG" set;
THENCE N 88°52'08" E, 526.27 feet departing the east line thereof to a 12" iron rod with plastic
cap stamped "SPIARSENG" set on the west line of Chelsea Boulevard;
THENCE S 00°27'22" E, 263.31 feet along the west line thereof to a 12" iron rod with plastic cap
stamped "SPIARSENG" set;
THENCE S 03°21'17" W, 82.96 feet continuing along the west line thereof to the POINT OF
BEGMNMG with the subject tract containing 219,136 squat feet or 5.031 acres of land.
METES AND BOUNDS DESCRIPTION —TRACT 2 GARAGECONDOS
THENCE S 00°27'22" E, 1380.06 feet along the west line of Chelsea Boulevard to a 12" iron rod
with plastic cap stamped "SPIARSENG" set, and from which a 1/2" iron rod found on the north
line of Stacy Road, a variable width right-of-way, for a southerly corner of Lot 1, Block A, Stacy -
Chelsea Commercial Addition, an addition recorded in Cabinet 2011, Page 348 PRCCT, bears S
16°34135" W, 638.55 feet;
THENCE S 88°52'08" W, 526.27 feet, departing the west line thereof, to a 1/2" iron red with
plastic cap stamped "SPIARSENG" set on the can line of Starcreek Phase Three, and from which
a 60d nail found on the north line of Stacy Road for the southwest comer of Lot 2, Block A, Stacy -
Chelsea Commercial Addition, an addition recorded in Cabinet 2012, Page 420 PRCCT, bears S
06°26'57" E, 621.00 feet;
THENCE N 19°47'14" E, 1477.51 feet along the cast line thereof to a 12" iron rod with plastic
cap stamped "SPIARSENG" set on the south line of said Lot 1X;
Ordinance No. 3419-9-16, Page 6
BEING a tract of land situated in the F. Dosser Survey, Abstract No. 280, City of Allen, Collin
County, Texas, the subject tract being a portion of a tract conveyed to Stacy & Chelsea, L.P.
according to the deed recorded in Document No. 20090820001045560 of the Deed Records, Collin
County, Texas (DRCCT), with the subject tract being more particularly described as follows:
'
BEGINNING at a 12" iron rod with plastic cap stamped "SPIARSENG" set on the west line of
Chelsea Boulevard, a variable width public right-of-way created by the final plat of Starereek
Phase Three, an addition to the City of Allen, recorded in Cabinet 2009, Page 375, Plat Records,
Collin County, Testes (PRCCT), for the upper southeast corner of Lot 1X, Block V, Starcroek
Phew Three;
THENCE S 00°27'22" E, 1380.06 feet along the west line of Chelsea Boulevard to a 12" iron rod
with plastic cap stamped "SPIARSENG" set, and from which a 1/2" iron rod found on the north
line of Stacy Road, a variable width right-of-way, for a southerly corner of Lot 1, Block A, Stacy -
Chelsea Commercial Addition, an addition recorded in Cabinet 2011, Page 348 PRCCT, bears S
16°34135" W, 638.55 feet;
THENCE S 88°52'08" W, 526.27 feet, departing the west line thereof, to a 1/2" iron red with
plastic cap stamped "SPIARSENG" set on the can line of Starcreek Phase Three, and from which
a 60d nail found on the north line of Stacy Road for the southwest comer of Lot 2, Block A, Stacy -
Chelsea Commercial Addition, an addition recorded in Cabinet 2012, Page 420 PRCCT, bears S
06°26'57" E, 621.00 feet;
THENCE N 19°47'14" E, 1477.51 feet along the cast line thereof to a 12" iron rod with plastic
cap stamped "SPIARSENG" set on the south line of said Lot 1X;
Ordinance No. 3419-9-16, Page 6
EXHBIT "A"
DESCRIPTION OF PROPERTY cont.
THENCE N 89°32'38" E, 15.00 feet along the south line thereof to the POINT OF BEGINNING
with the subject tract containing 373,514 square feet or 8.574 acres of land.
METES AND BOUNDS DESCRIPTION — OVERALL
BEING a tract of land situated in the F. Dosser Survey, Abstract No. 280, City of Allen, Collin
County, Texas, the subject tract being a portion of a tract conveyed to Stacy & Chelsea, L.P.
according to the deed recorded in Document No.20090820001045560 of the Deed Records, Collin
County, Texas (DRCCT), with the subject tract being more particularly described as follows:
BEGINNING at a 12" iron rod with plastic cap stamped "SPIARSENG" set on the west line of
Chelsea Boulevard, a variable width public right-of-way created by the final plat of Starcreek
Phase Three, an addition to the City of Allen, recorded in Cabinet 2009, Page 375, Plat Records,
Collin County, Texas (PRCCT), for the northeast corner of Lot 1, Block A, Stacy -Chelsea
Commercial Addition, an addition recorded in Cabinet 2011, Page 348 PRCCT;
THENCE continuing along the common fine of Lot 2, the following:
S 89°32'30" W, 87.54 feet to an "X" set in concrete;
A tangent curve to the right having a central angle of 18°47'52", a radius of 200.00 feet, a
chord of N 81 °03'34" W - 65.32 feet, an we length of 65.62 feet to an "X" set in concrete;
S 19°4716" W, 18.06 feet to an "X" set in concrete;
N 70112'44" W, 74.00 feet to an "X" set in concrete;
S 19°47'16" W, 55.02 feet to a 5/8" iron rod with plastic cap found;
And around a non -tangent curve to the right having a central angle of41035116", a radius of 105.25
feet, a chord of S 40°29'36" W - 74.73 feet, passing at an are length of 9.49 feet a 5/8" iron rod
with plastic cap found for the upper southwest comer of said Lot 2, and continuing a total are
distance of 76.39 feet to a 12" iron rod with plastic cap stamped "SPIARSENO" set;
THENCE around a non -tangent curve to the left having a central angle of 61 °08'51 ", a radius of
68.88 feet, a chord of S 25°10'49" W - 70.07 feet, an arc length of 73.51 feet to a 12" iron rod
' with plastic cap stamped "SPIARSENG" set;
Ordinance No. 3419-9-16, Page 7
THENCE S 88°52'08" W, 286.97 feet along the north line of Lot 1 to an "X" set in concrete on the
east line of Lot 2, Block A, Stacy -Chelsea Commercial Addition, an addition recorded in Cabinet
'
2012, Page 420 PRCCT;
THENCE N 01°07'52" W, 44.30 feet along the east line of Lot 2 to an "X" set in concrete for the
northeast corner thereof,
THENCE continuing along the common fine of Lot 2, the following:
S 89°32'30" W, 87.54 feet to an "X" set in concrete;
A tangent curve to the right having a central angle of 18°47'52", a radius of 200.00 feet, a
chord of N 81 °03'34" W - 65.32 feet, an we length of 65.62 feet to an "X" set in concrete;
S 19°4716" W, 18.06 feet to an "X" set in concrete;
N 70112'44" W, 74.00 feet to an "X" set in concrete;
S 19°47'16" W, 55.02 feet to a 5/8" iron rod with plastic cap found;
And around a non -tangent curve to the right having a central angle of41035116", a radius of 105.25
feet, a chord of S 40°29'36" W - 74.73 feet, passing at an are length of 9.49 feet a 5/8" iron rod
with plastic cap found for the upper southwest comer of said Lot 2, and continuing a total are
distance of 76.39 feet to a 12" iron rod with plastic cap stamped "SPIARSENO" set;
THENCE around a non -tangent curve to the left having a central angle of 61 °08'51 ", a radius of
68.88 feet, a chord of S 25°10'49" W - 70.07 feet, an arc length of 73.51 feet to a 12" iron rod
' with plastic cap stamped "SPIARSENG" set;
Ordinance No. 3419-9-16, Page 7
1
F
EXHIBIT "A"
THENCE S 01'07'58" E, 173.57 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG"
set on the north line of Stacy Road, a variable width public right-of-way, and from which a 60d
nail found for the southwest corner of said Lot 2 hears N 88°52'02" E, 153.69 feet;
THENCE S 88°52'02" W, 140.21 feet along the north line of Stacy Road to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set for the southeast corner of Starcreck Phase Three;
THENCE N 19°4714" E, 2,144.84 feet along the lower east line thereof to a 1/2" iron rod with
plastic cap stamped "SPIARSENG" set;
THENCE N 89°3238" E, 15.00 feet along the south line thereof to a 1/2' iron rod with plastic cap
stamped "SPIARSENG" set on the west line of Chelsea Boulevard;
THENCE S 00°27'22" E, 1,643.36 feet along the west line thereof to a 1/2" iron and with plastic
cap stamped "SPIARSENG" set;
THENCE S 03°21'17" W, 82.96 feet continuing along the west line thereof to the POINT OF
BEGINNING with the subject tract containing 592,650 square feet or 13.605 acres of land.
Ordinance No. 3419-9-16, Page 8
EXMrr •B"
11
{
/i
�5
ss t!
g
s t!1 !
§ {{
�,i�s{9iig(
a
ss9it{l11��
it {{
11 pri, iP ,e('� ftj
r;?°'S`;�i`•''�' "E'9' eye`,
li
Ordinance No. 3419-9-16, Page 9
E7IMIT "C"
BUILDING ELEVATIONS
t
f a;'
�i
r
O. dmnn, No. 3419 9-16. 111
_�
�
3
�.
a
dp
e
x
m
�3
�
�7
s
;3
I!'l
7
I1
11
181:17118Y1 Ili
Ordinance No. 3419-9-16, Page 13
',s Wd-fQf❑
.ISI
Ellnaw.,
Ordinance No. 3419-9-16, Page 13