Min - Planning and Zoning Commission - 1997 - 07/24 - RegularALLEN PLANNING & ZONING COMMISSION
{ REGULAR MEETING
July 24,1997
ATTENDANCE:
Commission Members Present:
Jeffery Kelley, Chairman
Ross Obermeyer, Vice -Chairman
Pamela Smith, Secretary
Jeff McGregor
Mark Pacheco
Susan Bartlemay (arrived* 7 45 p.m )
Commission Members Absent -
Bruce Heller
City Staff Present:
Marcie Diamond, Senior Planner
Sally Leeper, Administrative Assistant
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to
order at 7:30 p.m. by Chairman Kelley at the City Council Chambers, Allen Library, Two Allen Civic
Plaza, Allen, Texas.
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PLANNING & ZONING COMMISSION
JULY 24, 1997 PAGE 2
Consent Agenda (Agenda Item Ill
Chairman Kelley read the consent agenda into the record as follows'
"Consent Agenda
A. Approve Minutes of July 10, 1997
B. Final Plat - Consider a replat of Lot I and part of Butler Drive right-of-way of Allen City
Complex Addition Revised, being 6.306 acres out of the Allen City Complex Addition
Revised: further described as being located at the southern extent of Butler Drive."
MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner
Obermeyer, the Commission voted 5 FOR and 0 OPPOSED to approve the Consent
Agenda as listed.
Election of Officers (Agenda Item III)
Chairman Kelley read the agenda item into the record as follows'
"Election of Officer - Chairman."
Commissioner Smith placed the name of Jeff Kelley in nomination for the office of Chairman The
nomination was seconded by Commissioner Obermeyer. With no further nominations, Jeff Kelley was
elected Chairman
With the electron of Jeff Kelley to the office of Chairman, the office of Vice -Chairman was left vacant.
Commissioner Kelley placed the name of Ross Obermeyer in nomination for the office of Vice -
Chairman. The nomination was seconded by Commissioner Pacheco. With no further nominations,
Ross Obermeyer was elected Vice -Chairman.
With the election of Ross Obermeyer to the office of Vice -Chairman, the office of Secretary was left
vacant. Commission Obermeyer placed the name of Pamela Smith in nomination for the office of
Secretary. The nomination was seconded by Commissioner McGregor. With no further nominations,
Pamela Smith was elected Secretary.
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JULY 24, 1997 PAGE 3
Preliminary Plat
McDermott Towne Crossine (Agenda Item IV)
Chairman Kelley read the agenda item into the record as follows
"Preliminary Plat - Consider Preliminary Plat for McDermott Towne Crossing by Weber &
Company, being 19.215 acres out of the James W Parsons Survey, Abstract No. 704, City of Allen,
Collin County, Texas; further described as being located at the northwest comer of Alma Drive and
McDermott Drive "
Ms. Diamond presented the preliminary plat to the Commission. She provided revised copies of this plat
reflecting the correct width of the northern landscape easement to 30' with an average of 35' and a
change to one of the utility easements to indicate "fire lane and utility easement" Staff requests that if
the Commission desires to grant approval, it should be conditional upon the entire property being final
platted at one time. There are no trees on the property
Chairman Kelley questioned whether engineering approval had included a review of the drainage. Ms.
Diamond indicated that any drainage issues would have to be approved by engineering and will be
considered again during the final plat stage.
Commissioner Pacheco indicated that it appears that common access easements are needed between the
individual lots. He also questioned whether the main entrance is consistent with a median break on
McDermott. He was advised that it does.
Commissioner Smith discussed the possible need for additional tum lanes on Alma Drive, and was
advised that this was considered during previous traffic studies, and that this intersection is complete at
this time
The Commission discussed the deceleration lane shown at the western drive to accommodate the truck
traffic, and suggested that an additional deceleration lane at the main entrance should be considered. It
was noted that if this is needed, it would be accommodated within the public right-of-way, and would not
affect this plat. Chairman Kelley requested that the City's traffic consultant review the need for a
deceleration lane at the main entrance prior to final plat stage.
MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor,
the Commission voted 6 FOR and 0 OPPOSED to approve the Preliminary Plat for
McDermott Towne Crossing with the stipulation that the entire tract be final platted at
one time, and that staff will review the possible need for a deceleration lane at the main
entrance on McDermott, and that common access easements be noted between all lots as
necessary.
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PLANNING & ZONING COMMISSION
JULY 24, 1997 PAGE 4
Amendments to Zoning Ordinance (Agenda Item V)
Chairman Kelley read the agenda item into the record as follows -
"Provide staff direction regarding possible amendments to Comprehensive Zoning Ordinance
No 1425-5-96 and direct staff to set public hearing date."
Staff advised that a public hearing on this item has been scheduled for August 14, 1997, as directed by
the Commission at their July I Oth meeting.
Ms. Diamond reviewed the most recent draft of the proposed text for temporary use permits for seasonal
products. This text is attached hereto and made a part hereof.
The Commissioners discussed the following items of concern.
I. A renewal is noted for Christmas trees, when the time allowed is limited to a specific date range.
Therefore, no renewal will be allowed.
2. The 15 -day time limit should be reconsidered. It is possibly too short.
3 The height requirement of 8 feet is questionable. Tents are much higher than 8 feet.
4 Site area limitations should be reviewed, with consideration given to assigning a specific site
area
5. It was noted that the fee structure ($100 per permit or renewal) refers only to seasonal products,
and the remainder of the temporary use permits would still fall under the "Fee Schedule" of
$25.00.
OTHER BUSINESS
Ms Diamond reviewed the upcoming agenda. It will include a zoning request by the Methodist Church
to change the zoning on property adjacent to P.D. 31 from A -O to CF
Chairman Kelley reviewed the recent meeting held between the Mayor, Mayor Pro -Tem, Ross
Obertneyer and himself to set the agenda for the Joint Workshop between Council and Commission on
September 6th
Ms. Diamond reviewed the progress of the Comprehensive Plan Update and the Central Business District
study She reviewed selected survey results, and a comparison between the 1997 and 1990 surveys. She
reviewed the updated base maps being prepared. She reviewed the potential thoroughfare
changes—Allen Heights Drive, Malone Road, F.M. 2551, and C.R. 196. She also provided the
Commissioners with a binder of raw data from the survey
Ms. Diamond provided an update to the Central Business District plan that is being developed as a part
of the Comprehensive Plan update. She indicated that the business survey received a very low response;
A
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JULY 24, 1997
PAGE 5
25 of 600 surveys were returned. She indicated that there is a question of validation since we received so
few responses.
ADJOURN:
MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Smith, the
Commission voted 6 FOR and 0 OPPOSED to adjourn the July 24, 1997, meeting at
8:47 p in.
These minutes approved this 1Y' dday of �C , 1997
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PLANNING & ZONING COMMISSION
JULY 24, 1997 PAGE 6
EXISTING REGULATION
5. Temporary sales of seasonal products such as firewood, cut trees, plants, fruits and vegetables,
and the like may be allowed during their normal and generally accepted season for a period of up
to forty-five (45) days, except that one (1) extension of up to forty (45) days may be possible
upon application and approval. Such uses shall not be allowed except on private commercial or
retail property with written approval of the owners of the property
PROPOSED REGULATIONS
Temporary sales of seasonal products such as firewood, plants, fruits and vegetables, and the like
may be allowed during their normal and generally accepted season subject to the following
provisions
a. Issuance of permits for temporary outdoor sales of seasonal products shall be limited to
areas zoned for retail or commercial uses;
b. Two permits on any one property, per year, may be issued for a period of up to fifteen
115) days, except that one (1) extension per permit, of up to fifteen (15) days may be
possible upon application, fee and approval. The site shall be vacated completely and
cleaned between the issuance of new permits There shall be a minimum of ten (10) days
Ebetween issuance of permits.
C. A Site Plan is required with an application showing the following:
(1) Set backs, a minimum of twenty (20) feet from all property lines; no more than
eight (8) feet in height.
(2) If the use is to occupy a paved area currently used for parking, then the parking
that this use displaces must not be required parking for the existing commercial
uses. A minimum of five parking (5) spaces for the temporary use must be
provided on site. The required parking for the existing retail or commercial use
shall not be used to satisfy this parking requirement for the temporary use.
In no event shall the display of products for a temporary use occupy more than 144
square feet of display area.
Charitable, religious, educational or public service, civic organizations are exempt from
all fees.
f This provision does not apply to the outside storage, display, or sale of new goods,
products adjacent to the main building of existing retail establishments, provided that
such goods, products or merchandise shall not extend more than five (5) feet from the
wall of the main building and shall not extend more than five (5) feet to height, and
provided further that there shall be at least five (5) feet in width of unobstructed
sidewalk remaining.
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{ JULY 24, 1997
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g All tents or similar temporary structures shall be approved by the Fire Marshall, prior to
erection.
h. This provision does not apple to temporary outdoor services such as mobile blood banks,
mammography screening, eye screening, etc.
i The application for a temporary use shall also include a true copy of the sales tax permit
which designates the City of Allen as point of sale.
J. Temporary sales of fruits and vegetables for off -premise consumption, shall be allowed
however, the products must remain whole, and not cut or opened in any manner.
k. The Health Inspector of the City of Allen reserves the right to inspect any temporary use.
1. Fees for temporary use permits shall be $100.00 per permit and a $100.00 fee for the
renewal of the permit
6. Temporary sales of Christmas Trees may be allowed during their normal and generally accepted
season subject to the following provisions:
a Sales may not begin prior to November 15th ,
b. Sale site must be cleaned and vacated by January I at.;
C. Sales activities shall be set back a minimum of twenty (20) feet from all property lines;
d A Site Plan is required with an application showing the following:
(1) Set backs, a minimum of twenty (20) feet from all property Imes; no more than
eight (8) feet in height.
(2) If the use is to occupy a paved area currently used for parking, then the parking
that this use displaces must not be required parking for the existing commercial
uses A minimum of five parking (5) spaces for the temporary use must be
provided on site. The required parking for the existing retail or commercial use
shall not be used to satisfy this parking requirement for the temporary use.
All tents or similar temporary structures shall be approved by the Fire Marshall, prior to
erection.
f The application for a temporary use shall also include a true copy of the sales tax permit
which designates the City of Allen as point of sale
g. Fees for temporary use permits shall be $100.00 per permit and a $100.00 fee for the
renewal of the permit