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Home My WebLink AboutO-3142-2-13ORDINANCE NO. 3142-2-13 ' 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 GRANTING SPECIFIC USE PERMIT NO.134 TO ALLOW A 7,780 SQUARE FOOT PORTION OF THE BUDDING LOCATED ON TRACT G & H, ALLEN BUSINESS CENTRE, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 21 PRESTIGE CIRCLE, ALLEN, TEXAS) PRESENTLY ZONED PLANNED DEVELOPMENT NO. 3 LIGHT INDUSTRIAL "LP' TO BE USED FOR A GYMNASTIC AND SPORTS TRAINING FACILITY USE; PROVIDING 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 of the City of Allen, Texas 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 Cade 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, be amended by granting Specific Use Permit No. 134 for a 7,780 square foot portion of the building depicted on Exhibit "A," attached hereto and incorporated herein by reference, located on Tract G & H, Allen Business Centre, City of Allen, Collin County, Texas (also known as 21 Prestige Circle, Allen, Texas) (the "Property"), which is presently zoned Planned Development No. 3 Light Industrial "Lr, to be used for a Gymnastics and Sports Training Facility use. SECTION 2. The Property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code Zoning Regulations, as heretofore amended, and as amended herein, subject to the following special conditions: A. The Specific Use Permit granted hereby is expressly limited to the area of the Property shown as shaded and labeled "Envy Cheer" on Exhibit "A" hereto. B. Only Envy Cheer, LLC is authorized by this Ordinance to use the Property for a Gymnastics and Sports Training Facility; provided, however, such use shall be limited to (i) the teaching of individual lessons and group classes, and (ii) dressing rooms, restrooms, and offices related to the operation and management of the facility, but shall not include the holding of tournaments, show cases, or other special events that would result in the number of vehicles parked by attendees of the event to exceed available off-street parking on the Property. C. The minimum number of off-street parking spaces required by Section 7.04.1 of the Allen Land Development Code that would otherwise be required by using the portion of the Property shown on Exhibit "A" as a Gymnastics and Sports Training Center may be reduced to twenty-five (25) for so long as (i) the portion of the Property labeled on Exhibit "A" as "Envy Cheer" is used only for a Gymnastics and Sports Training Center and (ii) the facts set forth in the parking study and approval letter attached hereto as Exhibit "B" and incorporated herein by reference relating to the operations of the Property and those who jointly use the parking areas as noted in the parking study remain substantially unchanged. I 1 1 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 he 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 26TH DAY OF FEBRUARY, 2013. APPROVED: Stephen erre0, N , YOR APPROVED AS TO FORM ATTEST: ��Peter G. Smith, ATTORNEY Shelley B. Geo C, CITY S RETARY (kbl:2/13/13:59436) Ordinance No. 3143.2-13, Page 2 1 EXHBIT "A" LOCATION MAP Ordinance No. 3143.2.13, Page 3 I" L EXHIBIT "Ba' PARKING STUDY ENVY CHEER CHEER AND TUMBLE SCHOOL PARKING STUDY Envy Cheer December 7. 2012 6y ,._........� 1 C8P Engineering, Ltd. �'di'' � •P,y f.; . Dannie Cummings, P.E...:........... ...........}... � eANHIE CUMMW69 i e 60367 � I�a��j011A1 16 I CBP Engineering, Ltd. 1601 Gateway BIM. • Qe 101, Richardson. Texas 75080 1972 6461800 • texas ReBntration No. F3195 Ordinance No. 3143-2-13. Page 4 1 EXHIBIT "B" PARKING STUDY (Continued) ENVY CHEER PARKING STUDY CITY OF ALLEN BACKGROUND DATA Envy Cheer is a cheer and tumble school located in the City of Plato at 961 Avenue N, Suite 200_ They currently lease a total of approximately 5,000 s f. in adjacent suites (5200 and 5300) and use only 15 parking spaces for staff and students Theyoffer classes primanty, after school and conduct a few morning classes on Saturday and from 1 D to 7:30 on Sundays. Their peak class schedule occurs between 4:00 and 10:00 Monday through Thursday On Saturday and Sunday the viewing area is closed so students are dropped off and oft -street parking does not occur. Envy Cheer's class schedule for 2012 - 2013 has been attached to this report. Envy Cheer does not host competition meets a show rases. When they are involved in such special events, they occur at remote locations such as the Dallas Convention Center. the Garland Events Center, or the UNIT Super Pit. The other suites within the Plano building we occupied by the following businesses: Let's Party with 2:00 p in - 8:00 p.m. hours of operation; Track Studd Music Lessons with 3:00 p.m. to 9:00 p.m. hours of operation; Recording Sessions with 8:00 a.m. to 12D0 a.m. hours of operation; the Flooring Center with 8 00 a.m. to 8:00 pm. hoes of operation; the Pool Stick Company with 8:00 a.m. to 6:00 pm. hours of operation; and the Semi-Conduclor Company with 8:00 a.m. to 6M pm. hours of operation. Page 1 Ordinance No. 3143-2-13 Page 5 1 1 EXEMIT'B" PARKING STMY (Continued) PURPOSE OF STUDY Envy Cheer is moving their facility from their present location in Plan to a new location in Allen with appmximatety 7,700 sTof space. The City of Allen's parking standards do rot have a specific "cheer and tumble school' category. Asa result the land use that the City subsequently applied to Envy Cheer resulted in their need to provide over 70 parking spaces for thew facility. This is alind five times the number of spaces that Envy Cheer currently uses for thew operation in Plano. The City of Allen's Land Development Code in Section 7.04. t "Vehicle Parking' provides for the ktlowing. The Director and Directorof Engineering may jointly grant a modification to off-street parking requirements when necessary for the efficient operation of the subject use. Such a modification in parking spaces shall be justified through the development of a parking study prepared by a professional engineeror transportation planner which demonstrates need, reviews industry standards, and proposes a modificatim that will not result in a parking deficiency. C&P was engaged to conduct a parking study to determine and quantity the actual number of off-street parking spaces currently required by its facilty in Plano Page 2 Ordinance No. 3143-2-13. Page 6 1 1 EXHMIT "W' PARKING STUDY (Continued) STUDY METHODOLOGY To determine the actual number of ort -street parking spaces currently required by Envy Cheer's Piano ladlily, we developed the following five step process. 1. Engage a qualified traffic data collection company. 2. Identify the time period during which to correct parking data. 3. Determine the data to collect. 4. Analyze and evaluate the collected data to determine the peak numoer of parking spaces used by Envy Cheer and research industry standards for possible parking rates for this type of facility. 5. Prepare a report to summarize the overall parking study process and present the off-street parking findings. CONDUCTING THE PARKING STUDY The fallowing paragraphs summarize and describe the five steps listed in the Study Methodology in the prewaus section of this report Metrocounl, located in Plan, was engaged to collect the parking data. They have been collecting traffic data in the DFW area for over 30 years. IDENTIFY TIME PERIOD Bated on the hours of operation during which classes were offered we chose the following time period for our data collection 4:00 - 7:00 p.m. during a Monday through Thursday weekday Page 3 Ordinance No. 3143.2.13, Page 7 I I EYtIM T `B" PARKING STUDY (Continued) DETERMINE THE DATA TO COLLECT Data collectors were positioned both in the front of the building and in the back of the Wilding to observe vehicles with passengers that entered and exited the Envy Cheer site Datawas collected relating M 'parked' vehicles. We collected data pertaining to the number of vehicles that parked in parking spaces at Envy Cheers site and the number of vehicles that left parking spaces at Envy Cheers sites. We defined these vehicles as those whose occupants all left their vehicles and entered the Envy Cheer site and those whose occupants all exited from the Envy Cheer site and entered their vehicles. The "parked" vehicles data was recorded by the exact tura that a vehicle either parked in a parking space or exiled from a parking space between 4.00 and 7:00 on Tuesday August 21. We also collected data relating to "drop otr students. We defiled Mese vehicles as those vehicles that pulled up to the Envy Cheer facility and either dropped of or picked up a student. They did not park. This data was collected in five mmule intervals between 4:00 and 7:00 p.m. on Tuesday August 21. The field data sheets showing the actual data collected have been attached to this report. ANALYZE AND EVALUATE THE PARKING DATA Table 1 wmnar¢es the parking data that was collected by Metrocount. TABLE 1 PARKING DATA 400-430 4 5 1 0 4:30 - 5:00 10 0 4 0 5:00-530 2 1 1 1 5:30-6Xp 2 7 1 0 6:00 - 6:30 1 1 2 1 1 0 430-7X10 6 13 5 0 Patin 4 Ordinance No. 3143.2.13 Page 8 I I P EXHIBIT `B" PARKING STUDY (Continued) During any one 30 minute period of the parking data the maximum number of customer parking spaces needed was 10 which occurred during the 4.30 - 5'00 time period. During all other 30 minute time periods, more vehicles unparked than parked. During that same time period of 4:30 - 5:00, four vehicles were recorded dropping off students. Potentially mese four vehicles could have chosen to park. If we combine the parked and drop off vehicles during this 30 minute peak period, we get a potential maximum customer parking need at the existing Playa site of 14 spaces. The Owner indicated a need for two staff parking spaces which results in a maximum parking need at the existing Plano site of 16 spaces. This correlates well with the Owner's original statement of using 15 spaces for his current operations. The new site in Allen will increase the available space by approximately 50%. By applying this Factor to the Plano maximum parking need quantified in the preceding paragraph we obtain a maximum parking need for the new Allen site of 24 spaces. We researched available parking data as collected and documented by the Institute of Transportation Engineers, the Eno Foundation, and the Urban Land Institute. Data for businesses such as a cheer and tumble school or other gymnastics type facilities were not available. The closest possibly similar land uses were health and athletic clubs. C&P has prepared this report to document the process that we used to determine the actual number of off-street parking spaces that the Envy Cheer facility in Plano actually needs for its customers. Our study has determined that during a typical peak period the potential number of off- street spaces actually needed in Plano was 16_ With an approximate 50% increase in the square footage at the new site in Allen we recommend that 24 parking spaces be used as the number of off-street spaces that the new Envy Cheer facility in Alien be required to provide 111110:11:1111 We have appreciated the opportunity to assist the owners of the Envy Cheer facility in the preparation of this parking study for your new she in Allen. Please do not hesitate to contact our office should you have any questions or comments concerning this report. 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