ORDINANCE NO AN ORDINANCE OF THE CITY OF HIGHLAND VILLAGE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ZONING DISTRICT MAP

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1 ORDNANE NO AN ORDNANE OF THE TY OF HGHLAND VLLAGE, TEXAS, AMENDNG THE OMPREHENSVE ZONNG ORDNANE AND ZONNG DSTRT MAP OF THE TY OF HGHLAND VLLAGE AS PREVOUSLY AMENDED, BY AMENDNG THE DEVELOPMENT AND USE REGULATONS APPLABLE TO A ARE TRAT OF LAND OUT OF THE JAMES EDMONDSON SURVEY, ABSTRAT NO 398, TY OF HGHLAND VLLAGE, GENERALLY LOATED ON THE EAST SDE OF FM 2499, MMEDATELY SOUTH OF THE RALROAD TRAKS N THE VAUGHAN ENTER PLANNED DEVELOPMENT DSTRT; BY ALLOWNG MN- WAREHOUSE ( SELF- STORAGE) AS AN AUTHORZED USE UNDER ERTAN RUMSTANES AND ADOPTNG DEVELOPMENT REGULATONS, A ONEPT PLAN. AND BULDNG ELEVATONS F SUH PROPERTY S DEVELOPED AND USED FOR MN- WAREHOUSE ( SELF- STORAGE) USE; PROVDNG FOR A ONFLTS RESOLUTON LAUSE; PROVDNG FOR A SEVERABLTY LAUSE; PROVDNG FOR A SAVNGS LAUSE; PROVDNG FOR NO VESTED NTEREST; PROVDNG FOR A PENALTY OF FNE NOT TO EXEED THE SUM OF TWO THOUSAND DOLLARS ($ 2, ) FOR EAH OFFENSE: AND PROVDNG FOR AN EFFETVE DATE. WHEREAS, the Planning and Zoning ommission and the governing body of the ity of Highland Village, Texas, in compliance with the laws of the State of Texas and the Ordinances of the ity of Highland Village, 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, the ity ouncil has concluded that the omprehensive Zoning Ordinance and Zoning District Map of the ity of Highland Village, Texas, as previously amended, should be further amended as follows: NOW, THEREFORE, BE T ORDANED BY THE TY OUNL OF THE TY OF HGHLAND VLLAGE, TEXAS. THAT: SETON 1. The omprehensive Zoning Ordinance and Zoning District Map of the ity of Highland Village, Texas, as amended, is hereby further amended by amending the use and development regulations of the Vaughan enter Planned Development District as set forth in Ordinance No and amended by Ordinance Nos and ( collectively the Vaughan enter PD- Ordinance") with respect to the Property ( as described in Exhibit " A" of the Vaughan enter PD- Ordinance) as follows: A. Amend Section 3 " Exhibits to read as follows: Section 3. EXHBTS The following exhibits attached hereto are incorporated in this Ordinance in their entirety as though set forth fully in the text of this Ordinance. The exhibits

2 attached hereto are as follows: Exhibit "A" Exhibit " B": Exhibit " - 1": Exhibit " - 2": Description of Land oncept Plan oncept Plan for Mini- Warehouse ( Self Storage) Building Elevations for Mini- Warehouse ( Self-Storage) B. Amend Paragraph ( 62) of Section 5 - Permitted and Prohibited Uses," Subsection b. Prohibited Uses" to read as follows: 62) Mini- Warehouse ( Self Storage). except as provided in Section 5-1, below.. Add a new Section 5. 1 " Mini- Warehouse ( Self- Storage)" to read as follows: Section 5. 1 Mini- Warehouse ( Self-Storage) The Property may be used and developed for one Mini- Warehouse ( Self- Storage) business in accordance with the same use and development standards applicable to other uses permitted within the Vaughan enter PD- subject to the following additions and modifications: a. oncept Plan and Elevations: The Property and the buildings. structures, and other improvements constructed or installer thereon shall be developed substantially as set forth in Exhibit - 1 " oncept Plan for Mini- Warehouse ( Self-Storage) and Exhibit - 2 " Building Elevations for Mini- Warehouse ( Self- Storage)". b. Additional Building Standards: 1) Windows and glazing are allowed as shown on Exhibit - 2 and shall not be subject to the requirements of Section 7. e. of Ordinance No ; 2) The height of the building shall not exceed the lesser of ( i) three 3) stories or ( ii) 642 feet above Mean Sea Level at the top of the roof deck, with any additional height allowed as required by applicable building, energy, fire or other city construction codes; provided, however, parapets and the pitched tower roofs may extend above the maximum height allowed, but only as shown on Exhibit - 2; 3) No more than 15% of the exterior building materials of each building elevation may be comprised of a stucco; provided, however, windows, doors and other openings are excluded when calculating exterior material coverage; 4) Direct access to the door of all individual storage units must be entered from the interior of the building constructed on the Property; and Page 2 of 9

3 5) The roof design must be constructed with sloped, gabled, or pitched roofs on the tower elements as shown on Exhibit ) Except for windows located in the residential, retail, and office areas of the building, all windows shall be opaque glass. 7) Articulation of not less than eight inches ( 8. ") shall be required on all elevations of the building as generally indicated on the Exhibit ) The orange banding around the building shall be limited only to the articulated areas on the North and West elevations as depicted in Exhibit - 2. There shall be no orange banding on the South and East elevations of the building. The orange banding may be either stucco or painted metal, provided that if painted metal, the paint must be a manufactured baked enamel with the paint color to be specified as Pantone PMS 1665 orange. c. Signs: Signs installed on the Property must comply with the regulations and standards established by the omprehensive Zoning Ordinance, as amended, and Ordinance No except as follows: 1) No more than two ( 2) wall signs bearing the name and/ or trademark of the mini- warehouse ( self- storage) business may be installed on the building constructed on the Property subject to the following: a) The area of each sign face shall exceed 15 square feet; b) The wall signs may be placed only on the north and west elevations only, with no more than one ( 1) wall sign installed on each of said elevations; and c) No sign of any other type shall be installed or placed on the south or east elevations. 2) Two ( 2) additional wall signs communicating office and loading location information to on- site customers may be installed on the north elevation of the building subject to the following: a) The area of each sign face shall not exceed twenty ( 2) square feet; b) The signs must not be used to identify the operator or owner of the mini- warehouse ( self-storage) facility; and c) No portion of either sign may be located higher than fourteen feet ( 14. ') from the immediate surface elevation grade) below the sign. Page 3 of 9

4 d. Screening: A masonry or pre- cast panel wall not less than eight feet 8. ') or greater than ten feet ( 1. ') in height shall be constructed along the southern boundary of the Property at the location shown on Exhibit - 1 subject to the following: 1) The south elevation of the wall shall be constructed substantially to appear like the south elevation of the building as shown in Exhibit - 2; 2) The area between the screening wall and the south property line as shown on Exhibit - 1 shall be landscaped with ( i) at least twenty-two ( 22) sixty- five ( 65) gallon Live Oak trees or one or more varieties of evergreen trees to be determined at the time of site plan approval with a minimum caliper at planting of four inches ( 4. ") at four feet ( 4. ') above grade planted with a distance between trees not greater than twenty feet ( 2. ') on center; ( ii) thirty ( 3) gallon Nelly R Stevens holly bushes planted not less than eight foot ( 8. ') on center; and ( iii) living erosion control ground cover; and 3) No building permit shall be issued for construction of any other structure on the Property prior to or concurrently with the issuance of a building permit by the ity for construction of the screening wall; and 4) No certificate of occupancy for any building on the Property shall be issued until the ity' s chief building official determines ( i) construction of the screening wall required by this Paragraph 4 is substantially complete and ( ii) all required landscaping has been planted. e. Access to Adjacent Properties: ross vehicular or pedestrian access directly to adjacent properties on the south, east, and north is not permitted. f. On- Site aretaker Residence: The Property may be developed with one 1) residential unit located on the interior of the building constructed on the Property for occupancy by the owner, manager, or other employee charged with operating the Mini-Warehouse ( Self-Service) business and such person' s spouse and/ or children. g. Hours for Access by ustomers: ustomers and tenants shall not be authorized to enter the Property earlier than 6: a. m. entral Time or later than 9: p. m. entral Time, seven ( 7) days per week. D. Add a new Exhibit " - 1" oncept Plan for Mini- Warehouse ( Self Storage) and a new Exhibit " - 2" Building Elevations for Mini-Warehouse ( Self-Storage) as set forth in Exhibits - 1 and - 2, attached hereto respectively and incorporated herein by reference. Page 4 of 9

5 SETON 3. All ordinances of the ity of Highland Village related to the use and development of the Property heretofore adopted and in effect upon the effective date of this Ordinance are and shall remain in full force and effect except to the extent amended by this Ordinance or to the extent there is an irreconcilable conflict between the provisions of said other ordinance and the provisions of this Ordinance, in which case the provisions of this Ordinance shall be controlling. SETON 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the omprehensive Zoning Ordinance, 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 omprehensive Zoning Ordinance, as amended hereby, which shall remain in full force and effect. SETON 5. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the omprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SETON 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 omprehensive Zoning Ordinance as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($ 2,) for each offense. SETON 7. No person or entity shall acquire any vested interest in this Ordinance or any specific regulations contained herein. This Ordinance and any regulations may be amended or repealed by the ity ouncil of the ity of Highland Village, Texas, in the manner provided by law. SETON 8. This ordinance shall take effect immediately from and after its passage on Second Reading and publication of the caption in accordance with the provisions of the harter of the ity of Highland Village, and it is accordingly so ordained. FRST READ ON THE 24TH DAY OF MARH, 215, BY THE TY OUNL OF THE TY OF HGHLAND VLLAGE, TEXAS. PASSED AND APPROVED BY THE TY OUNL OF THE TY OF HGHLAND VLLAGE, TEXAS, ON SEOND READNG ON THS THE P1' DAY OF APRL, 215. PPROVED: Or Np VLLAQ arlotte J. i co r ATTEST:. PRgT 2 FEB O n Af / 1963 LLti- ate - ` 1. Diane A. allahan, A ON OU O ' Page 5of9

6 APPROVED AS TO FORM AND LEGALTY: Kevin B. Laug li, ity Attorney kb1:4/8/ 15:7757) Page 6 of 9

7 al Wt. Ordinance No Exhibit oncept Plan for Mini-Warehouse ( Self Storage) Vaughan enter Planned Development District li, _. t1-1 ' ; ki: 1 th 111 il 4 4.i. M M el. fn. 4 A s", z: 1 t*:' a 1 - rp 3 / /, r S i ill it no, p, ihfi lk 2 1$ 1 i4 E i 1[[ rp; @lz 8 it A s 4-1 Page 7 of 9

8 acom c` A i lln. - 1 D n NORTH ELEVATON O + t 1 c 2 ( 1.) N WEST ELEVATON OO. p a... enou Z M1= U O S a d cv o Oi ) U SOUTH ELEVATON a O N 31 E EAST ELEVATON PUBL STORAGE - HGHLAND VLLAGE X ma S 1 1,( 1, Ma: r w c. merriman associates architects. inc. 215 u` fl. N ) p co m y v g a

9 Ordinance No Exhibit - 2 Building Elevations for Mini- Warehouse ( Self Storage)( cont.) Vaughan enter Planned Development District 3 '- W v, O i n o ci m 13' r4+: 1 El rd Z r- - G1 m m OZ D m x D 1 Z t t.:, sir * N M 1E11 r t n o O lib in cq _ 9 f kg 194 t 3 Page 9 of 9

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: ORDINANCE NO. AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, SO AS TO AMEND A PORTION OF