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O-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. 1 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 II EXHIBIT "A" SYM PLAN �`'..-- Ordinance No. 3022-5-11, Page 3 71 n H. yq Ordinance No. 3022-5-11, Page 3 n EXIDBIT`B" LANDSCAPEPLAN :. il! c�¢cceoc�iccc.c" U— c �t� s Ordinance No. 3022-5-11, Page 4 I EAFMrr "C„ ELEVATIONS Ordinance No. 3022-5-11, Page 5 I EXHIBIT"C" ELEVATIONS Cont Ordinance No. 3022-5-11, Page 6 .. , aouaaauxmwaaau - Msw me Ci I I I I ! I ! I r e I t, ! o { 3 s, J n� _ � I - � f 2 !7d P S� Ordinance No. 3022-5-11, Page 6 I EXIMIT "D" SIGN PLAN STACYROAD Ordinance No. 3022-8-11, Page 7 I EXMrF "D" SIGN PLAN Cont. ILE 0 g Ordinance No. 3022-8-11, Page 8 0 i It" ILE 0 g Ordinance No. 3022-8-11, Page 8 1 1 EXIMrr "D" SIGN PLAN Cont. Ordinance No. 3022-5-11, Page 9 0 0 I 1 1 E7HIBIT "D" SIGN PLAN Cont Ordinance No. 3022-8-11, Page 10 r a T 3 6 Ordinance No. 3022-8-11, Page 10 I 1 1 EXHIBIT "D^ SIGN PLAN Cont. •II z Ordinance No. 3022-&11, Page 11 sI ;as s O Y �N C J ms W 1 1 EXHIBIT "D^ SIGN PLAN Cont. •II z Ordinance No. 3022-&11, Page 11 I 1 EXMBIT "D" SIGN PLAN Cont Ordinance No. 3022-8-11, Page 12 XS I 1 1 EXHIBIT "D" SIGN PLAN Cont. W 0 a V a LL H N W 7 Ordiaaace No. 3022-Shc, Page 13 I FXIIIBTT "D" SIGN PLAN Cont Ordinance No. 3022-5-11, Page 14 I 1 EXHMrf "D" SIGN PLAN Cont j a411fa1f; E 1a Ordinance No. 3022-8-11, Page 15 y j a411fa1f; E 1a Ordinance No. 3022-8-11, Page 15 1 1 E)CMIT "D" SIGN PLAN Cont. Ordinance No. 3022-8-11, Page 16 I ESI1IBTT "D" SIGN PLAN Cont 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 droll artery Drive, wile ala loader, arum rima rhoot 713,751.1404) ren: 7a7mS413 VIA llpalawtlpon Nrd aW. Cow, Carver RW eft ' p1�oc 100.a�Daem roc 4m.`ees", Ordinance No. 3022-8-11, Page 18 t EXHBIT "E^ NOISE MODELING AND ANALYSIS Cont ywy 147al l RFP R. 7171-1 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. ' MMACOUStICN. CpnUVT Ordinance No. 3022-8-11, Page 19 Asave ' Acoalilhnan, P V Ire p.eddnu ' MMACOUStICN. CpnUVT Ordinance No. 3022-8-11, Page 19 I 1 1 F3OM T`E" LING AND ANALYSIS Coot Ordinance No. 3022-8-11, Page 20