Min - Planning and Zoning Commission - 1992 - 10/22 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
OCTOBER 22, 1992
ATTENDANCE:
Commission Members Present:
John Garcia, Chairman
Harold Biggs, Vice -Chairman
Kenneth Fulk, Secretary
Jeffery Kelley
Steve Allen
Commission Members Absent:
Douglas Gallagher
Noel Crume
City Staff Present:
Tom Keener, Development Coordinator
Sally Leeper, Secretary
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Commissioners present, the Allen Planning & Zoning Com-
mission was called to order at 7:30 p.m. by Chairman Garcia at the Allen Municipal
Annex, City Council Chambers, One Butler Circle, Allen, Texas.
Approve Minutes
October 8, 1992 (Agenda Item II)
Chairman Garcia read the agenda item into the record as follows:
"Approve minutes of October 8, 1992, Regular Meeting."
MOTION: Upon a motion by Commissioner Allen and a second by Commissioner
Biggs, the Commission voted 5 FOR and 0 OPPOSED to approve the
minutes of October 8, 1992, as presented.
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ALLEN PLANNING & ZONING COMMISSION
OCTOBER 22, 1992 PAGE 2
Public Hearing
Arcade Request
Chairman Garcia read the agenda item into the record as follows:
(Agenda Item III)
"Public Hearing - Consider a request by Donald Ray White, representing
Sunbelt Savings Association, for a Specific Use Permit with Site Plan
approval, for an arcade to be located at Pebblebrook Village Shopping
Center, 410 N. Greenville Ave., Suite 114, Allen, Texas; being approxi-
mately 2.092± acres known as Pebblebrook VWge, Phase I, in the Peter
Wetsel Survey, Abstract No. 990, City of Allen, Collin County, Texas."
Mr. Keener presented the request to the Commission. He advised that an arcade
is allowed by Specific Use Permit in a Shopping Center district. He indicated that
the 300' rule regarding distance from a school property line has been satisfied.
He advised that property owners within 200' as well as tenants in the center have
been properly notified according to State law. He added that this request is in
conformance with the Zoning Ordinance. There will be no alcoholic beverages.
Chairman Garcia discussed the 300' rule and the fact the ordinance requires the
establishment to be located at least 300' from the property line of a school, and
the Allen school property is located 303' from the door of this proposed establish-
ment. He confirmed that the property to the north is zoned Planned Develop-
ment -Shopping Center No. 6.
Chairman Garcia opened the public hearing. The following persons spoke in
favor of the request.
James Foster
143 West Way
Allen, Texas
Tony Carberry
]812 Autumn Lake
Allen, Texas
Jason Wood
1411 Quail Run
Allen, Texas
Don White
634 Sunny Slope
Allen, Texas
Chairman Garcia closed the public hearing.
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ALLEN PLANNING & ZONING COMMISSION
OCTOBER 22, 1992 PAGE 3
Public Hearing
Arcade Request (Cont.)
(Agenda Item III)
Commissioner Allen questioned the proponent as to who would be in charge of the
facility. Mr. White stated he intends to hire his staff from the community college.
There will be a manager on duty at all times.
Regarding the hours of operation, Mr. White stated he will be working with the
school district and the City on the hours of operation. He would like to open at
9:00 a.m. during the summertime. During the winter and school session, he
proposes to open from noon until 10 p.m. Monday through Thursday, and until 11
p.m. on Friday and Saturday.
Mr. Keener stated that the hours of operation are established by ordinance.
Mr. White stated that no students would be allowed in the establishment during
school hours. There will be no loitering allowed and he will be hiring a security
guard. He added that he plans for the facility to be a "No Smoking" environment.
Commissioner Kelley expressed concern regarding occupant load. Mr. White
stated that the occupant load, as determined by the fire marshal, will be posted
and enforced.
Mr. Keener stated that precise hours of operation are not set by ordinance;
however, the Commission could recommend specific hours if they so desire.
Mr. White stated that there will be 9 video games, 3 pool tables, 1 snack machine,
and 1 soda machine. He added that there will be no Sunday hours of operation.
Chairman Garcia questioned whether Mr. White would agree to the concept of a
security guard to be placed on the request as a requirement and he added that
this would not be a problem.
The Commission discussed the problems that might arise from excessive loitering
and questioned staff as to whether there had been any problems associated with
the arcade at the Allen Bowl. Staff advised that they were not aware of any.
Chairman Garcia stated it is his understanding that the request conforms to the
requirements of City ordinances; however, hours of operation should be ad-
dressed with a stipulation attached regarding loitering and complaints allowing
revocation of the Specific Use Permit.
There was further discussion regarding the hours of operation and how that
would work with year-round education schedules.
ALLEN PLANNING & ZONING COMMISSION
OCTOBER 22, 1992 PAGE 4
Public Hearing
Arcade Request (Cont.) (Agenda Item III)
It was further suggested that the Specific Use Permit should expire either with a
change in ownership or vacation of the premises.
MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner
Fulk, the Commission voted 5 FOR and 0 OPPOSED to recommend
approval of the request for Specific Use Permit for an Arcade with
site plan approval, with the following stipulations: 1) the hours of
operation will be limited to closing at 10:00 p.m. Monday through
Thursday, and 11:00 p.m. Friday and Saturday; 2) the Specific Use
Permit will be revoked should the owner cease to own this operation;
3) should loitering or public nuisance become a problem, the Specific
Use Permit would be withdrawn; 4) if truancy becomes a problem, the
Specific Use Permit would be revoked; 5) no smoking will be allowed
in the building.
The following findings were read into the record:
1. The request meets the requirements of the Zoning Ordinance and the Code
7 of Ordinances regarding operation.
Preliminary Plat
Heritage Park No. 4 (Agenda Item IV)
Chairman Garcia read the agenda item into the record as follows:
"Preliminary Plat - Consider preliminary plat approval for Crown Oaks,
Inc. for Heritage Park No. 4, being 18.1761 acres out of the R. C.
Whisenant Survey, Abstract No. 1012, further described as being located
west of the southwest corner of Bethany Drive and Allen Heights Drive."
Mr. Keener stated that this preliminary plat has been reviewed by the City
Engineer and conforms to City requirements. It is consistent with the zoning for
this property. Staff recommends approval.
Commissioner Kelley questioned the alley exiting to Heritage Parkway from
Fireside Drive. Mr. Atkins stated that alley exits to collector streets had been
eliminated as much as possible; however, this one remained because of drainage
and topography problems. Chairman Garcia stated that his preference is that the
alleys not exit to collector streets. The Commission discussed whether it was
appropriate to require that alleys not exit to collectors.
ALLEN PLANNING & ZONING COMMISSION
{ OCTOBER 22, 1992 PAGE 5
Preliminary Plat
Heritage Park No. 4 (Cont.)
(Agenda Item IV)
Mr. Atkins advised that the subdivision is under construction at this time. He
further suggested that this alley exit could be abandoned and turned to the south
in the next phase of development. He added that the alley cannot be turned
north between Lots 33 and 34 because of the topography. He discussed the fact
the Heritage Parkway will be a single loaded street because the flood plain area
that runs all along the eastern side. He suggested it could be noted on the plat
that this alley exit will be abandoned when the next phase to the south is devel-
oped.
Commissioner Fulk questioned whether this requirement might be a problem if the
ownership changes to the south, and the fact that the requirement would need to
be enforced regardless of future ownership.
The Commission discussed the fact that these street names are not duplicated in
the City.
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner
Kelley, the Commission voted 5 FOR and 0 OPPOSED to approve the
preliminary plat for Heritage Park IV with the stipulation that the
southern alley exiting to Heritage Parkway be turned to the south
with the next phase of development.
Final Plat
Heritage Park IV (Agenda Item V)
Chairman Garcia read the agenda item into the record as follows:
"Final Plat - Consider final plat approval for Crown Oaks, Inc. for Heritage
Park No. 4, being 18.1761 acres out of the R. C. Whisenant Survey,
Abstract No. 1012, City of Allen, Collin County, Texas, and being part of
that tract of land owned by Resolution Trust Corporation and further being
part of that tract of land described in the Land Records of Collin County,
Texas; further described as being located west of the southwest corner of
Bethany Drive and Allen Heights Drive."
Mr. Keener presented the final plat to the Commission. He stated that it has been
reviewed by the City Engineer, and will need to be amended to become consistent
with the preliminary plat.
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ALLEN PLANNING & ZONING COMMISSION
OCTOBER 22, 1992 PAGE 6
Final Plat
Heritage Park IV (Agenda Item V)
Mr. Atkins stated that the request to turn the southern alley exiting to Heritage
Parkway south during the next phase of development will be indicated on this
plat. He stated that the cul-de-sac at Bethany will be a temporary access to
Bethany until the property to the east (Heritage Heights) is developed.
Mr. Atkins further advised that Kipling Drive will be renamed Kipling Court per
the previous request of the Commission for naming of cul-de-sac streets.
The question of a need to require screening or a traffic barrier along Bethany
was discussed.
The Commission discussed the fact that the subdivision is nearing completion
before a preliminary plat was approved.
Tabled Item
Review of Subdivision Ordinance (Agenda Item VI)
Chairman Garcia read the agenda item into the record as follows:
"Tabled Item - Consider Revisions to Subdivision Ordinance."
This item was not removed from the table.
Other Business:
Mr. Keener advised that the Twin Creeks request is still under staff review and
an official submission has not been received at this time
The Commission requested staff to advise the Engineering Department that their
preference for alleys is that they do not exit to collector streets.
ALLEN PLANNING & ZONING COMMISSION
OCTOBER 22, 1992 PAGE 7
Adiourn:
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner
Fulk, the Commission voted 5 FOR and 0 OPPOSED to adjourn the
October 22, 1992, meeting of the Allen Planning & Zoning Commis-
sion.
These minutes approved this day of
1992.
L" L 41�_
J1 Garcia, Chairman
Kenneth Fulk, Secretary