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Min - City Council - 1986 - 01/07 - WorkshopALLEN CITY COUNCIL ALLEN PLANNING & ZONING COMMISSION JOINT WORKSHOP SESSION JANUARY 7, 1986 Present: Allen City Council Donald P. Rodenbaugh, Mayor Joe Farmer, Mayor Pro Tem Jim McClure Rex Womack Jim Wolfe Jim Pendleton (arrived at 7:15 p.m.) Gary Koch Allen Planning & Zoning Commission Bobby Glass, Chairman (arrived at 7:21 p.m.) Jerry Wilson, Vice Chairman (arrived at 7:25 p.m.) Wayne Armand, Secretary Ken Browning Eileen Karlsruher John Garcia (arrived at 7:21 p.m.) Jack Pennington City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Bill Petty, Director of Community Development Tom Keener, Development Coordinator The called - special workshop session of the Allen City Council and the Allen Planning and Zoning Commission was called to order by Mayor Rodenbaugh at 7:09 p.m. on Tuesday, January 7, 1986, in the open space office area of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Workshop to Review Provisions of an Ordinance Governing Private Clubs and Private Clubs Within Restaurants (Agenda Item II) Mayor Rodenbaugh advised the Council and the Commission of the receipt of many letters from residents regarding the liquor issue in Allen and pointed out that there seemed to be some misunderstanding about the issue before the Council and the items to be considered at this workshop session. Mayor Rodenbaugh advised that the workshop session was being held to consider the establishment of regulations for specific use permits to be used when requests for private clubs or private clubs in restaurants are submitted for consideration. Mayor Rodenbaugh pointed out that it is not the option of the city to totally ban private clubs in the city. City Manager Jon McCarty spoke before the Council and the Commission on the items to be considered at the meeting and the control that the city can establish with the use of zoning regulations. He also explained that the city does not have the option to ban the private clubs from the city, explained about the control of liquor establishments by state law, and advised of some of the legal aspects of using the zoning regulations as a control on these establishments. ALLEN CITY COUNCIL ALLEN PLANNING & ZONING COMMISSION JANUARY 7, 1986 Page 2 Workshop to Review Provisions of an Ordinance Governing Private Clubs and Private Clubs Within Restaurants (Agenda Item II) City staff then distributed to the Council and the Commission materials that had been prepared by city staff. Those materials included an analysis sheet for the items to be considered in the regulations of private clubs, sheets showing the geographic regulations, site plan and interior design, operational regulations, food/beverage ratio, and minimum seating. The Council and the Commission took several minutes to review the information distributed by the city staff. Bill Petty, Director of Community Development, spoke before the Council and the Commission on the consideration of items to be placed in an ordinance to regulate private clubs or private clubs in restaurants. Mr. Petty advised that the information provided had been an accumulation of research from five other metroplex cities. He also explained the difference between private clubs and private clubs in restaurants. Using a city map, Mr. Petty reviewed with the Council the geographic areas that were represented in the handout materials and reviewed the sheet indicating geographic regulations. The Council and Commission discussed with city staff the first portion of the geographic regulations and the use of streets that had not been developed as of this date. It was suggested that perhaps the description should be a certain number of feet from major thoroughfares that already exist. City staff presented the private club analysis sheet and asked for the Council's and the Commission's decisions on whether the ordinance should include private clubs in restaurants or private clubs and private clubs in restaurants. The city staff also asked for decisions on whether the following categories should also be included in the ordinance: I. Geographic Regulations II. Operational Regulations III. Site Plan and Interior Design IV. Food/Beverage Ratio V. Minimum Seating It was the consensus of the Council and the Commission that the city should include in the ordinance regulations for private clubs and private clubs in restaurants. The ordinance was also to include all of the items referenced above. Mr. Petty then handed out colored sheets for each of the above referenced categories and began review of each of the sheets showing the various components of the proposed categories. The Council and the Commission were to consider each of the proposed components to see if they wanted those components as part of the ordinance regulations. There was considerable lengthy discussions on the geographic regulations, definition of private clubs versus private clubs in restaurants, requirements of state law, eliminating private clubs altogether, food/beverage ratio, size of the kitchen areas, etc. In the discussions, it was recommended that an item be placed in component "A" under geographical regulations for a density measurement. In a straw vote of the Council and Commission, the density measurement was turned down. NO ALLEN CITY COUNCL ALLEN PLANNING & ZONING COMMISSION JANUARY 7, 1986 Page 3 Workshop to Review Provisions of an Ordinance Governing Private Clubs and Private Clubs Within Restaurants (continued) (Agenda Item II) (1) the Central Business District; (2) General Business; (3) Shopping Centers at intersections of two major thoroughfares whose right-of-ways requirements are 80 feet or more; (4) Office Districts; (5) Light Industrial Districts with contiguous 30 or more acres; (6) Planned Developments" In unanimous votes of the Council and the Commission, the components of "D" and "E" under "I. Geographic Regulations" were to remain unchanged and were to be included in the geographic regulations. The Council and Commissionthen reviewed and had straw votes on the components of the "II. Operational Regulations." In a straw vote on components "A", "B", "C" and "D" of "II. Operational Regulations", the following items were approved by a consensus of the Council and the Commission: In the discussions, it was recommended that an item be placed in component "A" under geographical regulations for distance measurements by feet rather than using non -existing thoroughfares. In a straw vote of the Council and Commission, the distance measurements by feet was turned down. In a straw vote of the Council and the Commission, it was the consensus that component "A" under "I. Geographic Regu- lations" should read: "A. Private Clubs must be located between: 1. State Highway 121 and Ridgeview; 2. Between Highway 75 and Watters Road; 3. Contiguous Light Industrial District of 30 or more acres; 4. or in a country club" Mayor Rodenbaugh recessed the workshop session at 9:38 p.m. The meeting reconvened at 9:55 p.m. In a straw vote of the Council and the Commission, it was the consensus that component "B" under "I. Geographic Regu- lations" should read: I.B. Private Clubs and Restaurant/Private Clubs must be more than 1,000 feet from any single family, residentially zoned district, nonprofit or not for profit hospital, church, or public or parochial school. This shall be measured by applicable State Law measuring standards." In a straw vote of the Council and the Commission, it was the consensus that component "C" under "I. Geographic Regulations" should read: "C. Restaurant/Private Clubs shall be restricted to the following use districts: (1) the Central Business District; (2) General Business; (3) Shopping Centers at intersections of two major thoroughfares whose right-of-ways requirements are 80 feet or more; (4) Office Districts; (5) Light Industrial Districts with contiguous 30 or more acres; (6) Planned Developments" In unanimous votes of the Council and the Commission, the components of "D" and "E" under "I. Geographic Regulations" were to remain unchanged and were to be included in the geographic regulations. The Council and Commissionthen reviewed and had straw votes on the components of the "II. Operational Regulations." In a straw vote on components "A", "B", "C" and "D" of "II. Operational Regulations", the following items were approved by a consensus of the Council and the Commission: ALLEN CITY COUNCIL ALLEN PLANNING & ZONING COMMISSION JANUARY 7, 1986 Page 4 Workshop to Review Provisions of an Ordinance Governing Private Clubs and Private Clubs Within Restaurants (continued) (Agenda Item II) II. Operational Regulations: "A. Serving bar in private clubs or restaurant/private clubs shall not be visible to the public street. B. Any bar or lounge room shall be designed such that patrons can only enter from an area within the primary use, i.e., lobby, waiting area, dining room, etc. Emergency exits direct to the outside are permitted. C. There shall be no exterior signs advertising the sale of alcoholic beverages, provided this does not prohibit using established trademark names, i.e., Steak and Ale. D. Gaming devices such as billiard and pool tables shall not be allowed in a private club or private club/ restaurant. Other gaming devices will be allowed as an incidental use under provisions of the arcade ordinance." There was further discussion on the size of the kitchen areas in restaurants and in a straw vote, the consensus of the Council and the Commission was approval of item "E" under "II. Operational Regulations" as follows: "E. The food preparation and storage area for the restaurant/private club must comprise a minimum of 15 percent (158) of the square footage of IL the building occupied by the club." In a straw vote, the consensus of the Council and the Commission was approval of item "F" under "II. Operational Regulations" as follows: "F. The specific use permit at the option of the city, shall be subject to a review every year." In a straw vote, the consensus of the Council and the Commission was approval of item "G" under "II. Operational Regulations" as follows: "G. After notice and public hearing, the City Council may suspend or revoke the specific use permit for failure to meet the specifications of this ordinance or any other ordinance." There was considerable discussion on the hours that a private club or private club/restaurant should be open. In a straw vote, the consensus of the Council and the Com- mission was approval of item "H" under "II. Operational Regulations" as follows: "Private Clubs and Private Clubs/Restaurant may serve alcoholic beverages only between 11:00 a.m. and 12:00 midnight, Monday through Saturday; and only between 12:00 noon and 12:00 midnight on Sunday. Late hours permits available under State Law will require an amend- ment to the Specific Use Permit." At this time, Mayor Pro Tem Farmer requested that the Council and the Commission go back and consider an additional item under component item "G". Upon a straw vote of the Council and the Commission, the following was added to item "G" under "II. Operational Regulations" as follows: ALLEN CITY COUNCIL ALLEN PLANNTNG & ZONING COMMISSION JANUARY 7, 1986 Page 5 Workshop to Review Provisions of an Ordinance Governing Private Clubs and Private Clubs Within Restaurants (continued) (Agenda Item II) "Should the city act affirmatively to revoke or suspend the specific use permit, the Mayor shall advise the Texas Alcoholic Beverage Commission or administrators of the action taken, and request cancellation of the state permit to serve alcoholic beverages." There was discussion on the category "III. Site Plan and Interior Design" and its components and in a straw vote, the consensus of the Council and the Commission was to approve all of the components as presented, with the following amendments: III. Site Plan and Interior Design: "A. A site plan shall accompany all applications for private clubs and private clubs/restaurant. Site plans shall contain the appropriate following elements:"; and Section A, Item 4 as follows: "4. Zoning on adjacent properties for 1,000 feet as measured by State Law." There was discussion on the "IV. Food/Beverage Ratio" category and its components and the percentage of gross revenues derived from the sale of food and beverages. In a straw vote, the consensus of the Council and the Commission was to approve all of the components under food/beverage ratio as presented, using the 30 percent of the gross revenues derived to from the sale of food and beverages. There was discussion on the "V. Minimum Seating" category and its components. In a straw vote, the consensus of the Council and the Commission was to approve the minimum seating requirements as follows: Minimum Seating: "The permitted restaurant/private club shall contain within a public area, a designated minimum of 80 dining seats allowing a minimum of 15 square feet per dining chair. If a booth space is used in meeting the minimum 80 dining seats, no more than one space per 24 inches of bench length shall be used to satisfy the seating requirements." Items of Interest to the Council and Commission (Agenda Item III) Upon completion of the proposed regulations for the private clubs/private clubs in restaurants, the Council and the Commission then discussed the holding of a joint public hearing to consider the proposed ordinance that would amend the Comprehensive Zoning Ordinance. The Council and the Commission discussed the most appropriate date, time and location for the public meeting. They also recommended that the ordinance be brought forward to the Planning and Zoning Commission at the next regular meeting after the public hearing and the Commission would then make a recom- mendation to the City Council. The City Council would then review the Commission's recommendation on the ordinance and act on the ordinance at the second Council meeting in February. on further discussion, it was the consensus of the Council and the Commission to hold the joint public hearing of the Council and the Commission on the proposed ordinance for the regulations of private clubs on Tuesday, January 28, 1986, at 7:30 p.m. in a school building to be determined by city staff. (3 ALLEN CITY COUNCIL ALLEN PLANNING & ZONING COMMISSION JANUARY 7, 1986 Page 6 Adjournment Mayor Rodenbaugh adjourned the called - special workshop session of the Allen City Council and the Allen Planning and Zoning Commission at 11:50 p.m. on Tuesday, January 7, 1986. These minutes approved on the 28thday of January. 1986, by the Allen Planning and Zoning Commission. 2 91 Bobby Gla s, CHAIRMAN WaArmand, SECRETARY These minutes approved on the 28th day of January 1986, by the Allen City Council. MCL-" -L . `p � Marty Hendrix CITY SECRETARY' ly