O-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.
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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.
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EX7MIT "A"
LEGAL DESCRIPTION
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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.
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' EXHMIT`B"
SITE PLAN
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EXKMIT"C"
LANDSCAPEPLAN
Ordinance No. 3067-2-12. Page 5
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EXMIT "D"
ELEVATIONS
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SIGN PLAN
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' 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
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Ordinance No. 3067-2.12, Page 20
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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.
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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