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Home My WebLink AboutO-3067-2-12ORDINANCE NO. 3067-2-12 ' 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. 122 TO ALLOW A CAR WASH ON A 1.1425± ACRE TRACT OF LAND SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS, SIGN PLAN AND NOISE EXHIBIT; 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 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 fav 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 Zoning Map of the City of Allen, Collin County, Texas, be amended by granting Specific Use Permit No. 122 for a car wash on 1.1425± acres of land situated in the Henry Weisel Survey, Abstract No. 1026, City of Allen, Texas and being further described in Exhibit "A" attached hereto (`the Property"). SECTION 2. If the Property is developed for use as a car wash pursuant to this Ordinance, the Property shall be developed and used only in accordance with the Site Plan, Landscape Plan, Elevations, Sign Plan and Noise Exhibit attached hereto as Exhibits `B," "C," "D;' "E," and `T," respectively, and incorporated herein by reference, which are hereby approved. SECTION 3. If the Property is developed for use as a car wash pursuant to this Ordinance, operation regulations are as follows: A. Hours of Operation: 7 a.m. to 9 p.m. for the months of June — September 7 a.m. to 8 p.m. for the months of May and October 7 a.m. to 7 p.m. for all other months B. Any form of hand drying at the exit of the car wash shall be prohibited. ' SECTION 4, The 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, as heretofore amended, and as amended herein. I 1 1 SECTION 5. In the event of an irreconcilable conflict between the provisions of another previously adopted ordinance of the City of Allen and the provisions of this Ordinance as applicable to the use and development of the Property, the provisions of this Ordinance shall be controlling. SECTION 6. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Cade 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 7. 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 8. 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 9. 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 state law, 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 14"m DAY OF FEBRUARY, 2012. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY APPROVED: 4QX= Stephen Terrell, MAYOR ATTEST: Shelley B. George, TIMC, CITY SECRMRY Ordinance No. 3067-2-12 Page 2 BEING all that certain lot, tract or parcel of land situated in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas and being a portion of a called 10.352 acres Tract II conveyed to Piedmont Stacy Partners, L.P. by deed and recorded in County Clerks File Number 20070515000652220 and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set in the South right-of-way line of Stacy Road - F. M. 2786, same being at the northeast comer of Lot 8, Block A of Greenville Center Addition, an addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Volume 2009, Page 419 of the Map Records of Collin County, Texas; THENCE South 89° 22' 00" East, following along the South right-of-way line of said Stacy Road - F. M. 2786, for a distance of 157.00 feet to a 5/8" iron rod set for comer; THENCE South 000 38' 00" West, departing the South right-of-way line of said Stacy ' Road - F. M. 2786, for a distance of 317.00 feet to a 5/8" iron rod set for corner in the east line of said Lot 8; THENCE North 890 22' 00" West, for a distance of 157.00 feet to a P.K. nail set in concrete for corner; THENCE North 00° 38'00" East, along the east line of said Lot 8 for a distance of 317.00 feet to the POINT OF BEGINNING and CONTAINING 1.1425 ACRES OF LAND, more or less. 1 EX7MIT "A" LEGAL DESCRIPTION ' BEING all that certain lot, tract or parcel of land situated in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas and being a portion of a called 10.352 acres Tract II conveyed to Piedmont Stacy Partners, L.P. by deed and recorded in County Clerks File Number 20070515000652220 and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set in the South right-of-way line of Stacy Road - F. M. 2786, same being at the northeast comer of Lot 8, Block A of Greenville Center Addition, an addition to the City of Allen, Collin County, Texas according to the Plat thereof recorded in Volume 2009, Page 419 of the Map Records of Collin County, Texas; THENCE South 89° 22' 00" East, following along the South right-of-way line of said Stacy Road - F. M. 2786, for a distance of 157.00 feet to a 5/8" iron rod set for comer; THENCE South 000 38' 00" West, departing the South right-of-way line of said Stacy ' Road - F. M. 2786, for a distance of 317.00 feet to a 5/8" iron rod set for corner in the east line of said Lot 8; THENCE North 890 22' 00" West, for a distance of 157.00 feet to a P.K. nail set in concrete for corner; THENCE North 00° 38'00" East, along the east line of said Lot 8 for a distance of 317.00 feet to the POINT OF BEGINNING and CONTAINING 1.1425 ACRES OF LAND, more or less. 1 ' EXHMIT`B" SITE PLAN II II EXKMIT"C" LANDSCAPEPLAN Ordinance No. 3067-2-12. Page 5 �) hsl ► � � 11 fl iii I° I°L.,I. .,� I �► � �I �i � ...•. u i (� � (11blili I�u� � I1GIi ¢' E � �! I' ,il • il�i�I jC � I�i!�lial!°iii(IIIIk(iliii �I ; I I � i S Ordinance No. 3067-2-12. Page 5 I 1 EXMIT "D" ELEVATIONS Ordinance No. 3067-2-12. Page 6 0 6 €m€ F 7 � a a, f Ordinance No. 3067-2-12. Page 6 I u EXHIBIT "O" CANOPY ELEVATIONS Cont ans Ordinance No. 3067.2-12. Page 7 i wa�a�nuasxo� vo Mry - �, P 'i q4qI ans Ordinance No. 3067.2-12. Page 7 I 1 EXHIBIT "E" SIGN PLAN / STACY ROAD Ordinance No. 3067.2-12 Page 8 0 E EXIIBIT ••E„ SIGN PLAN Cont. Ordinance No. 3067-2-12, Page 9 n I}� 7 I 1 EXIIBIT `0" SIGN PLAN Cont. Ordinmm No. 3067-2.12. Page 10 II V� I r1 Lmi c t R� o 6 EXHBTT"E" SIGN PLAN Cont .L Ordinance No. 3067-2-12. Page 11 I 1 EXHIBIT "E" SIGN PLAN Cont. Ordinance No. 3067-2.12, Page 12 I �01 1 1 EXHIBIT °'E„ SIGN PLAN ConL Ordinance No. 3067-2-12, Page 13 1 I 1 U ".E EXHIBIT "E" SIGN PLAN Cont. 1'3 � Ordinance No. 3067-2-12 Page 14 II I EXMBIT"E" SIGN PLAN Cont. tl tPit/'C - Ordinance No. 3067-2-12, Page 15 n �d I I EXHHSIT "E" SIGN PLAN Cont r— d6-1 1---0'1I a Ordinance No. 3067-2-12, Page 16 is i C 1 EXHIBIT "E" SIGN PLAN Cant d I Li .ox 0 N T Ordinance No. 3067-2-12, Page 17 I I� H EXHBTT `0" SIGN PLAN ConL Ordinance No. 3067.2-12. Page 18 L I 1 EXHMIT"E" SIGN PLAN Cont O a� m� I o e i it A A, it Z D< W = W W = LL Ordinance No. 3067-2-12, Page 19 1 i ' ExI NOISE MODELING AND ANALYSIS ACOUSTICAL CONSULTANTS INC. Nosmbc 14.2011 Mr. Bryao Han Bha,Wave Exp. Car Wash 1455 Find StreeL Suite 301 Napa CA 94559 ReAcoustical CmsWmg Services B1ueWaw Expos Proposed Car Wash Site m Smey Road Allm, Testas HFP File No. 7271-1 fm9.La,u) Flet Dew %h Hall: Per ysxx request. HFP Acomlical Consultants Inc. (FHP) has prepared a computer sotmd model of the proposed B1ueWate Express Bar Rash at Stacq Road m Allo. Texas. This ' model is based on the design lavmu fa the site at the Lot 9 site. with Layout LH. We have also concluded sound le.el measurements at the proposed site to document the esnstino somd level co cktions. Sound Level ]@asurements - Basenne _ambient Traffic Noke Coamibndoas HFP conducted straavments of the exrsh n, ambrmt sound levels due to tmfiic at the project site m Oet be 13. 2011 The sound survey wcluded mmsiuenmis made at several distances south of Stacy Road. The levels saved s,pifrandy to the short tartan depending on Bou of hafSc controlled by the signals at me nearest moaaerenr The targe of.,ured A -weighted scemd levels ue show. an the rectangular white boxes w the attached Frgue 1. As expected the myiromnemal somd levels were gmeranv higher ver Stany Road Compaler Sound Model for Car Rash A compYer sound model was seated for the on wash hostel and the vaeuum prop s)steme. The model input data was based m measivemmts collected at attic Blue Wav &ahhm m opcahm The arached Figure I Shows the predrehm comer for the proposed. wash facility at this site. The model indicates that the car wash mise emaxibutims on the south side of the site will be at or near comptimce with the 65 dB(A) goal for the City of Aikh mise otduvors. Ordinance No. 3067-2.12, Page 20 coot armrmaw.sr.ns ueatnn.am rami mane na.am.am rs na7sr.un oto, teat swrtponamnaw. wgry.novo.ovmoaxm wtr�coasstsrm rant®zw.aart Ordinance No. 3067-2.12, Page 20 I 1 1 EXHIBIT "F" NOISE MODELING AND ANALYSIS ConL November 11. _'011 HFP File 7271-1 BIwA'ate Express Page 2 On the nosh side of the site, the exit fcm the car wash tunnel faces Stacy Road and the combined parting los for commecial basitxsses. The noise model indicate, that property-Ime level contributions from the car wash exit will hrhmcally exceed the otdsnance when sekncles are exitma the dryer section. However, because traffic from Stacy Road comnbute• to ambiem noise lesmis and because this is an active commercial area, the predicted levels from the car wash are tmlikely to cause annoyance, concerns, of anise complains. ILank you for the epportsmity to be of sertnee. Please call if you have my question ur mmntems. Smcerdy, HFP ACOUSTICAL CONSULTANTS DW. Romdd R Spillman. P E_ Vice President Attachment Fieme 1. shoving measured sound levels due to traffic and predated cat wash cownbsoions as compw r modeled contours r.qm- K=TI CONSUITA Ordinance No. 3067-2-12 Page 21 ' EXHBIT "E" NOISE MODELING AND ANALYSIS Cont. 0 w Contour. Car Wash Labels: Measured > 40 dB(A) E > 45 dB(A) > 50 d6(A) 65 > 55 dB(A) > 60 dB(A) �> 65 dB(A). E > 70 dB(A) Fm--> 75 dB(A) ' E > 80 dB(A) B>65 d6(A) Figure 1 F--> 90 d6(A) Ordinance No. 3067-2-12, Page 22