Min - Planning and Zoning Commission - 1994 - 02/10 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
FEBRUARY 10, 1994
ATTENDANCE:
Commission Members Present:
John Garcia, Chairman (art. 7:38 p.m.)
Douglas Gallagher, Vice -Chairman
Harold Biggs
Jeffery Kelley
Steve Allen
Commission Members Absent:
Noel Crume
Kenneth Fulk
ICity Staff Present:
Bill Petty, Director of Community Development
Tom Keener, Development Coordinator
George Conner, Director of Public Works
Sally Leeper, Secretary
CALL TO ORDER AND ANNOUNCE A OUORUM:
With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was
called to order at 7:30 p.m. by Acting Chairman Gallagher at the Allen Municipal Annex,
City Council Chambers, One Butler Circle, Allen, Texas.
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PLANNING & ZONING COMMISSION
FEBRUARY 10, 1994 PAGE 2
Approve Minutes
January 27. 1994 (Aeenda Item H)
Acting Chairman Gallagher read the agenda item into the record as follows:
"Approve minutes of January 27, 1994, Regular Meeting."
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Allen,
the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of
January 27, 1994, as presented.
Approve Minutes
January 31. 1994 (Agenda Item III)
Acting Chairman Gallagher read the agenda item into the record as follows:
"Approve minutes of January 31, 1994, Joint Council/Commission Meeting.
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Allen,
the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of
January 31, 1994, as presented.
Final Plat
Allen North Addition (Agenda Item IV)
Acting Chairman Gallagher read the agenda item into the record as follows:
"Final Plat - Consider final plat for Dallas -Allen Associates, represented by Mr. Dan
Tomlin HI, on Allen North Addition, being an 18.0366 -acre tract of land situated in
the Henry Weisel Survey, Abstract No. 1026, City of Allen, Collin County, Texas;
further described as being located north of Exchange Parkway and east of S.H. 5."
Mr. Tom Keener presented the final plat to the Commission. He advised that the facilities
agreement had been completed and is in the process of being filed. Staff recommends
approval of the plat. Mr. Michael Cummings, Cummings & Pewitt, was present at the
meeting. He advised that additional right-of-way has been dedicated in order to receive
approval from the fire marshal regarding the length of the cul-de-sacs.
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Kelley,
the Commission voted 4 FOR and 0 OPPOSED to approve the final plat of the
Allen North Addition.
PLANNING & ZONING COMMISSION
FEBRUARY 10, 1994 PAGE 3
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New and Unlisted Use
Sexually Oriented Business (Agenda Item V)
Chairman Garcia read the agenda item into the record as follows:
"Consider Adoption of Resolution Determining Appropriate Zoning Districts for a
New and Unlisted Use for Sexually Oriented Businesses."
Mr. Bill Petty advised the Commission that staff has been working with the Development
Subcommittee of the City Council, and the Council has directed staff to bring this agenda
item forward to the Commission for consideration. He reviewed State law regarding
freedom of speech and provided copies of case law. He added that the location and
operations of such businesses can be regulated.
The Commission considered the appropriate districts for the use of Sexually Oriented
Business. Mr. Petty advised that operational regulations will be provided through a separate
ordinance enforced by the Police Department. He provided copies of a proposed ordinance
to be considered at a public hearing to be held on March 10, 1994, which would amend the
Zoning Ordinance by establishing regulations for geographic locations, etc.
There was a concern among the Commissioners regarding CD Rom visuals and 900
numbers, and requested clarification as to whether these were included in the resolution and
future ordinances to be considered. Chairman Garcia requested that staff consider the issue
of drug paraphernalia.
The consensus of the Commission was to allow this type of business by Specific Use Permit
in General Business zoning and by right in Planned Development zoning.
MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner
Biggs, the Commission voted 5 FOR and 0 OPPOSED to recommend approval
of a resolution identifying Sexually Oriented Business as a New and Unlisted
Use to be allowed by right in Planned Development Districts and by Specific
Use Permits in General Business Districts, and in no district as accessory.
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Set Date for Public Hearing
March 10. 1994 (Agenda Item VI)
Chairman Garcia read the agenda item into the record as follows:
"Set March 10, 1994, as Public Hearing Date to Consider Amending Comprehensive
Zoning Ordinance No. 829-11-87 Concerning the Schedule of Uses and Sexually
Oriented Businesses."
MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner
Biggs, the Commission voted 5 FOR and 0 OPPOSED to set March 10, 1994,
as Public Hearing Date to Consider Amending Comprehensive Zoning Ordi-
nance No. 829-11-87 Concerning the Schedule of Uses and Sexually Oriented
Businesses.
Workshop
Subdivision Ordinance (Agenda Item VIII
Chairman Garcia read the agenda item into the record as follows:
"Workshop - Consider Subdivision Ordinance."
The Commission considered issues provided by the City Council as follows:
Mr. Keener advised that Mr. John Friebele, Hunter & Associates, has completed additional
research regarding traffic standards. This information was discussed. Page 600-6 of the
proposed Subdivision Ordinance will be replaced with the information presented.
Chairman Garcia discussed the need to include information regarding bike lanes, and Mr.
Friebele suggested that this issue would be better addressed separately. The consensus of the
Commission was to replace page 600-5 with the two pages presented by Mr. Friebele, and to
consider bike path right-of-way at a future date.
105.30 The text "including any associated curbing" will be added. All distances in
ordinance should be referred to as "back-to-back."
203. The floodplain shall be staked at 200 -foot intervals at the cross-section of the
floodplain study, said material shall remain in place until the subdivision is
completed, and the staking material shall be approved by the City Engineer.
403.1.1 Add text "shall conform with the intent of the Comprehensive Plan."
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FEBRUARY 10, 1994 PAGE 5
404.1.11 Add "in order to reduce the destruction of trees by the bisection of streets and
alleys." Add text "tree cover containing 6 or more trees."
405.6 Leave as it is.
The Commission discussed the direction staff should take regarding "wordsmithing" the
document.
At this point in the meeting, the Commission decided to complete the list provided by the
Council for consideration at the next meeting.
Other Business:
There was no other business.
Adioum:
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner
Gallagher, the Commission voted 5 FOR and 0 OPPOSED to adjourn the
February 10, 1994, meeting of the Planning & Zoning Commission at
11:00 P.M.
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L�A /aw,
Kenneth Fulk, Secretary