HomeMy WebLinkAboutO-3022-8-11ORDINANCE NO. 3022.8-11
' 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. 119 TO ALLOW A CAR WASH ON A 1.8513± ACRE TRACT OF LAND
DESCRIBED AS LOT 6, BLOCK A OF THE FINAL PLAT FOR GREENVILLE
CENTER ADDITION, CITY OF ALLEN, TEXAS (ALSO KNOWN AS 386 E. STACY
ROAD, ALLEN, TEXAS) PRESENTLY ZONED CORRIDOR COMMERCIAL —"CC";
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 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 Zoning Map of the City of Allen,
Collin County, Texas, be amended by granting Specific Use Permit No. 119 for a car wash on a 1.8513± acre
tract of land described as Lot 6, Block A of the Final Plat for Greenville Center Addition, City of Allen, Texas
(also known as 386 E. Stacy Road) presently zoned Corridor Commercial — "CC".
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 "A," B," "C," "D" and "E," 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, hours of operation
will be as follows:
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
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.
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 Properly, the provisions of this Ordinance shall be controlling.
SECTION & 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.
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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, finn 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 pmished by a fine not to exceed the sum of Two
Thousand Dollars ($2,000) for each offense.
SECTION 9. This Ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen and state law, and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 9rn DAY OF AUGUST, 2011.
APPROVED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter GSmit , CITY ATTORNEY She ey�rg RMC, CITY SECkETARY
Ordinance No. 3022-8-11, Page 2
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EXHIBIT "A"
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Ordinance No. 3022-8-11, Page 17
EXHIBIT `E"
NOISE MODELING AND ANALYSIS
COUSTICAL CONSULTANTS INC.
Joy 14, 2011
Mr. Bryan Hall
BlusWave Exports Car Wash
1455 First Seats, Suite 301
Napa, CA 94559
Re: Acoustical Consulting Services
BlneWave Express
Proposed Car Wish Site on Stacy Road
Allen, Texas
HFP File No. 7271-1
Lntili
Dear Mr. Hal:
Per your request, HFP Acoustical Consultants Inc- (HFP) has prepared a computer noise
model of the proposed BloeW. Express Car Wash m Stacy Road m Alen, Texu. Itis
t model is based m the cement design layout for the site.
Based m this updated layod and all other available information, the model shows that
the car wash will comply with the City of Allen noise ordinance.
Compete Nei. Mode and A a.ptiear
The modeling was made using CadoaA software from Dat$ustik GmbH, version
3.1.137, using the 60 9613 standard. The input data for the model was based as sound
level measurements collected by HFP at another Bl.Watre car wash. No measurements
have been made of the existing ambient sound levels in the area due to tm is or other
noise sources, and an msironmenW snood sources me included in this compmer noise
model.
Updated Site Model
This updated mise motel melndas a 16 -foot tall solid noise tamer at the exit of the ear
wash morel. This proposed barrier is elbow -shaped, extessfimg south form the eased and
than turning toward the east. It is assumed to be sound-absmptive on the tunnel -facing
side.
The model also includes a 26400t long stab wall at the exit ead, emending south farm the
southeast comm of the car wash brulding. This wall is modeled as a solid om-absorptive
bamer than is H 15 feet tall.
Ordinance No. 3022-8-11, Page 18
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NOISE MODELING AND ANALYSIS Cont
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Hlaewace E><pmss page 2
Fw the car wast own, We model ummd s a 15 -foot long Gall teat is 8 feet tall. by
b>me. 1— vvt b: ab:eryea-e, and vovldbe node from wood, metol o. o:e —,,
I he vacuum endosurr, hese been modihedto meto& mdal accesa door,.
Amain from the LpdarM Compater Nolte Modehug
The bamer<. and enc:o. eo ci firatioss dmaibed above rwiIl suhstamally redaee onsse
at and arouod t1e site. The model slows rdat de m nwtA waire eonnibu.tiows .aT
reeap7y nod k,Cfp f_4u— mors odin..ce at a7lpreperry be..d dem
Thaok you :m de appoNmih to 6e of seniew Plmu oll if yoo hate any questioss m
mmmmr.
Shmetely,
FIFP ACOUSTICAL CONSULTANTS INC.
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Ordinance No. 3022-8-11, Page 19
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Ordinance No. 3022-8-11, Page 19
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LING AND ANALYSIS Coot
Ordinance No. 3022-8-11, Page 20