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HomeMy WebLinkAboutMin - City Council - 1981 - 10/19 - JointI ALLEN CITY COUNCIL ALLEN PLANNING & ZONING COMMISSION JOINT PUBLIC HEARING AND CALLED - SPECIAL SESSION OCTOBER 19. 1981 PRESENT: City Council Mickey Pierson, Mayor Joe Farmer, Mayor Pro Tem Jim McClure H. R. Daugherty Glenn Andrew Richard Chumbley Ward Paxton City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Bill Petty, Building Official Planning & Zoning Commission Jim Pendleton, Chairman Carol Henry, Vice Chairman Wayne Armand Sarah Chumbley Tom Inkman Jim Wolfe Absent: Joe Moseley, Secretary The Joint Public Hearing and Called - Special Session of the Allen City Council and the Allen Planning and Zoning Commission was called to order by Commissioner Pendleton at 7:35 p.m. on Monday, October 19, 1981, at Boyd Elementary School, 900 Jupiter Road. Commissioner Pendleton advised all present of the purpose of the public hearing on the proposed Zoning Ordinance and Map, Planned Development Districts No. 2, 3, 4, 5, 6, 7, and 8 Ordi- nances, and the Sign Regulations Ordinance, and the procedures by which the public hearing would be conducted. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Wolfe, the Commission voted 6 - 0 to open the public hearing for the Planning and Zoning Commission. Commissioner Pendleton turned the meeting over to Mayor Pierson. Mayor Pierson spoke briefly on the public hearing procedures. Mayor Pierson opened the public hearing for the City Council. ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 2 City Manager Jon McCarty advised all present of the State Laws which enable municipalities to establish zoning regulations and read in part from Section 1011c of Vernon's Annotated Revised Civil Statutes. Mr. McCarty went on to briefly explain the adoption of the existing zoning regulations and reviewed the public hearing notification process. Mr. McCarty advised that the City Staff recommendations were that the Planning and Zoning Commission and the City Council favorably consider the proposed ordinances. Commissioner Pendleton proceeded with the public hearing process and asked for interested parties to speak before the Commission and the Council regarding the following zoning districts: Residential Zoning: Mr. Robert F. Burkart, owner of 20 acres of land in the City of Allen located on Jupiter Road at Park Place, spoke in regard to changing the proposed zoning on his property from the zoning designation of R-32 and TH to MF -1 and MF -2. Commercial Zoning: Fernando Rodriguez had requested to speak before the Commission and Council, however, he had no comments at this time. Dale Burton, with Allen Rentals & Sales located at 203 E. Main Street, spoke before the Commission and the Council in regard to changing the proposed zoning of the property that he leases for his business from Retail zoning to General Business zoning. Mr. Burton presented a letter from the property owner, Claude Whitaker, along with the signature of an adjoining property owner, Chuck Mitchell, also requesting the change in the zoning. Mr. Don Brazeal, property owner on Main Street, spoke in opposition to Mr. Burton's request to change the proposed zoning from Retail to General Business. Mr. Brazeal indicated he wanted the zoning to stay Retail. Industrial Zoning: No one appeared at this time to speak either for or against the proposed industrial zoned properties. ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 3 Sign Regulations Ordinance: No one appeared to speak either for or against the Sign Regulations Ordinance at this time. Commissioner Pendleton asked all other interested parties to speak before the Council and the Commission on any of the proposed zoning districts. Tom Cate, property owner of 13 acres located on Jupiter Road, spoke in regard to changing the proposed zoning on his property from Light Commercial (LC) to Heavy Commercial (HC) . David Miller, with the Trammell Crow Company, spoke in regard to changing a portion of the Sign Regulations Ordinance regarding 200 sq. ft. signs in the Shopping Center Districts to permit larger signs of at least 400 sq. ft. Clark Fishel, 304 Keith Drive, spoke in regard to changing the proposed zoning of property located on Jupiter Road from single family zoning of R3 to multi -family. Rick Alexander, 806 Cypress, spoke in favor of the proposed Zoning Ordinance and Map and the placement of retail shopping areas as they relate to the residential areas. Del Morton had requested to speak but had no comments to make at this time. Fernando Rodriguez appeared before the Commission and the Council asking information on the proposed rezoning of his property from the existing Outdoor Commercial to the General Business zoning designation. With no further requests to speak, Commissioner Pendleton closed the public hearing for the Planning and Zoning Commission. Council Members requested that Mr. Burton, Mr. Burkart and Mr. Fishel reappear before them and clarify some questions they had on their proposed requests. MOTION: With no further discussion, a motion was made by Councilman Daugherty and seconded by Councilman McClure to close the public hearing for the City Council. The Council voted 7 - 0 in favor of the motion. The Planning and Zoning Commission discussed all of the requests that had appeared before them regarding proposed changes to the Zoning Ordinance and Map and the Sign Ordinance. ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 4 Recommendations on Adoption of the Proposed Zoning Ordinance and Zoning Map (Agenda Item VIII -A) MOTION: Upon a motion made by Commissioner Wolfe and seconded by Commissioner Armand, the Commission voted 6 - 0 to recommend approval to the City Council of the proposed Zoning Ordinance and Zoning Map as presented. Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 2 (Agenda Item VIII -B) MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Wolfe, the Commission voted 6 - 0 to recommend approval to the City Council of the proposed Planned Development Ordinance for District No. 2. Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 3 (Agenda Item VIII -C) MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Wolfe, the Commission voted 6 - 0 to recommend approval to the City Council of the proposed Planned Development Ordinance for District No. 3. Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 4 (Agenda Item VIII -D) MOTION: Upon a motion made by Commissioner Inkman and seconded by Commissioner Chumbley, the Commission voted 6 - 0 to recommend approval to the City Council of the proposed Planned Development Ordinance for District No. 4. Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 5 (Agenda Item VIII -E) MOTION: Upon a motion made by Commissioner Wolfe and seconded by Commissioner Henry, the Commission voted 6 - 0 to recommend approval to the City Council of the proposed Planned Development Ordinance for District No. 5. Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 6 (Agenda Item VIII -F) MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Henry, the Commission voted 6 - 0 to recommend approval to the City Council of the proposed Planned Development Ordinance for District No. 6. ii d ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 5 a Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 7 (Agenda Item VIII -G) MOTION: Upon a motion made by Commissioner Chumbley and seconded by Commissioner Armand, the Commission voted 6 - 0 to recommend to the City Council approval of the proposed Planned Development Ordinance for District No. 7. Recommendations on Adoption of the Proposed Planned Development Ordinance for District No. 8 (Agenda Item VIII -H) MOTION: Upon a motion made by Commissioner Inkman and seconded by Commissioner Henry, the Commission voted 6 - 0 to recommend to the City Council approval of the proposed Planned Development Ordinance for District No. 8. Recommendations on Adoption of the Proposed Sign Regulations Ordinance (Agenda Item VIII -I) MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Inkman, the Commission voted 6 - 0 to recommend to the City Council approval of the proposed Sign Regulations Ordinance. Commissioner Pendleton read the recommendations made by the Planning and Zoning Commission aloud to the Mayor and City Council. Ordinance No. 366-10-81 - Zoning Ordinance and Zoning Map (Agenda Item IX -A) The City Secretary read the caption into the record as follows: "Ordinance No. 366-10-81: An Ordinance Establishing and Providing for Zoning Regulations Within the Corporate Limits of the City of Allen, Texas; Establishing Use Districts in Accordance with a Comprehensive Plan; Adopting an Official Zoning Dis- tricts Map; Adopting Certain Schedules and Illustrations; Providing Certain Special Provisions for Compliance; Containing Certain Definitions; Regulating the Use of Buildings and Land, and Their Height, Coverage, Sizes, Yards, and Open Spaces; Specifying Standards for Vehicle Parking, Off -Street Loading, Signs, Landscaping, Accessory Buildings, Home Occupations, Fences and Walls, Minimum Access, and Performance; Defining the Authority of the Zoning Administrator and the Planning and Zoning Commission; Providing for Amendments; Creating a Board of Adjustment and an Appeals Process; Providing for Enforcement; Establishing a Schedule of Fees and Charges; Providing a Penalty of Not More Than Two Hundred Dollars ($200.00) for Each Violation Thereof; Providing a Validity Clause; Repealing All Conflicting Ordinances; Declaring an Emergency; and Providing an Effective Date." u� ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1961 Page 6 Ordinance No. 366-10-81 Zoning Ordinance and Zoning Map (continued) (Agenda Item IX -A) MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Chumbley, the Council voted 7 - 0 to adopt Ordinance No. 366-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 367-10-81 - Planned Development District No. 2 (Agenda Item IX -B) The City Secretary read the caption into the record as follows: "Ordinance No. 367-10-81: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Repealing Ordinance No. 261 and Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for a Planned Devel- opment District as Delineated by the Official Zoning Map and Identified as P.D. No. 2; Providing for Zoning According to Tracts Within the Planned Development Area; Providing a Penalty for the Violation of This Ordinance; Providing an Effective Date of This Ordinance; and Providing for Publication of the Caption Hereof." MOTION: Upon a motion made by Councilman McClure and seconded by Councilman Daugherty, the Council voted 7 - 0 to adopt Ordinance No. 367-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 368-10-81 - Planned Development District No. 3 (Agenda Item IX -C) The City Secretary read the caption into the record as follows: "Ordinance No. 368-10-81: An Ordinance Repealing Ordinance No. 325 and Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for Uses as Prescribed in the Shopping Center, Light Industrial, and Multi -Family I Districts of the Comprehensive Zoning Ordinance on the Tract of Land Bounded on the East by State Highway 5, Bounded on the West by Southern Pacific Railroad, Bounded on the South by Bethany Road, and Bounded on the North by an Existing R-3 Residential Zoning District; Establishing Development Standards for Planned Development Zoning Districts; Withholding Certain Building Permits; Providing a Saving Clause; Providing Injunctive Relief; Providing a Penalty of Fine Not to Exceed the Sum of Two Hundred Dollars ($200.00); and Providing an Effective Date." ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 7 Ordinance No. 368-10-81 - Planned Development District No. 3 (continued) (Agenda Item IX -C) MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman Chumbley, the Council voted 7 - 0 to adopt Ordinance No. 368-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 369-10-81 - Planned Development District No. 4 (Agenda Item IX -D) The City Secretary read the caption into the record as follows: "Ordinance No. 369-10-81: An Ordinance Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for a Planned Development District as Delineated by the Official Zoning Map and Identified as PD -"SC" No. "4"; Providing for Uses As Prescribed in the "Shopping Center (SC)" District of the Comprehensive Zoning Ordinance; Providing Requirements for Site Plan Approval; Providing a Penalty for the Violation of This Ordinance; Providing an Effective Date of This Ordinance; and Providing for Publication of the Caption Hereof." MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 7 - 0 to adopt Ordinance No. 369-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 370-10-81 - Planned Development District No. 5 (Agenda Item IX -E) The City Secretary read the caption into the record as follows: "Ordinance No. 370-10-81: An Ordinance Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for a Planned Development District as Delineated by the Official Zoning Map and Identified as PD -"SC" NO. "5"; Providing for Uses as Prescribed in the "Shopping Center (SC)" District of the Comprehensive Zoning Ordinance; Providing Requirements for Site Plan Approval; Providing a Penalty for the Violation of This Ordinance; Providing an Effective Date of This Ordinance; and Providing for Publication of the Caption Hereof." �j ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 8 Ordinance No. 370-10-81 - Planned Development District No. 5 (cont'd) (Agenda Item IX -E) MOTION: Upon a motion made by Councilman Chumbley and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 370-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 371-10-81 - Planned Development District No. 6 (Agenda Item IX -F) The City Secretary read the caption into the record as follows: Ordinance No. 371-10-81: An Ordinance Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for a Planned Development District as Delineated by the official Zoning Map and Identified as PD -"SC" NO. "6"; Providing for Uses as Prescribed in the "Shopping Center (SC)" District of the Comprehensive Zoning Ordinance; Providing Requirements for Site Plan Approval; Providing a Penalty for the Violation of This Ordinance; Providing an Effective Date of This Ordinance; and Providing for Publication of the Caption Hereof." MOTION: Upon a motion made by Councilman Chumbley and seconded by Councilman Andrew, the Council voted 7 - 0 to adopt Ordinance No. 371-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 372-10-81 - Planned Development District No. 7 (Agenda Item IX -G) The City Secretary read the caption into the record as follows: "Ordinance No. 372-10-81: An Ordinance Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for a Planned Development District as Delineated by the Official Zoning Map and Identified as PD-"TH" NO. "7"; Providing for uses as Prescribed in the "Townhouse (TH)" District of the Comprehensive Zoning Ordinance; Providing Requirements for Site Plan Approval; Providing a Penalty for the Violation of This Ordinance; Providing an Effective Date of This Ordinance; and Pro- viding for Publication of the Caption Hereof." /6P D ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Ordinance No. 372-10-81 - Planned Development District No. 7 (cont'd) Page 9 (Agenda Item IX -G) MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded by Councilman Daugherty, the Council voted 7 - 0 to adopt Ordinance No. 372-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 373-10-81 - Planned Development District No. 8 (Agenda Item IX -H) The City Secretary read the caption into the record as follows: "Ordinance No. 373-10-81: An Ordinance Creating a Planned Development for the Purpose of Controlling the Development of Land In and Around the City of Allen, Collin County, Texas; Providing for a Planned Development District as Delineated by the Official Zoning Map and Identified as PD -"GB" NO. "8"; Providing for Uses as Prescribed in the "General Business (GB)"District of the Comprehensive Zoning Ordinance; Providing Requirements for Site Plan Approval; Providing a Penalty for the Violation of This Ordinance; Providing an Effective Date of This Ordinance; and Providing for Publication of the Caption Hereof." MOTION: Upon a motion made by Councilman Chumbley and seconded by Councilman McClure, the Council voted 7 - 0 to adopt Ordinance No. 373-10-81 in accordance with the recommendation of the Planning and Zoning Commission. Ordinance No. 374-10-81 - Sign Regulations Ordinance (Agenda Item IX -I) The City Secretary read the caption into the record as follows: "Ordinance No. 374-10-81: An Ordinance of the City Council of the City of Allen, Collin County, Texas, Regulating the Erection, Construction, Repair, Placement, Height, Area, and Maintenance of Signs in the City of Allen, Providing for the Issuance of Permits and Collection of Fees Therefor; Providing for the Establishment of the Sign Board; Pro- viding for Application for Variance or Appeal; Providing for Notification of Variance or Appeal; Providing for Inspection; Providing for the Responsibility for Violations; Providing a Penalty for the Violation of This Ordinance; Providing a Validity Clause; Providing an Effective Date of This Ordinance; and Providing for Publication of the Caption Hereof." PIN ALLEN CITY COUNCIL & ALLEN PLANNING & ZONING COMMISSION October 19, 1981 Page 10 Ordinance No. 374-10-81 - Sign Regulations Ordinance (cont'd) (Agenda Item IX -H) MOTION: Upon a motion made by Councilman Andrew and seconded by Councilman Chumbley, the Council voted 7 - 0 to adopt Ordinance No. 374-10-81 in accordance with the recom- mendation of the Planning and Zoning Commission. MOTION: Upon a motion made by Commissioner Henry and seconded by Commissioner Wolfe, the Commission voted 6 - 0 to adjourn the Called - Special Session at 9:08 p.m. MOTION: Upon a motion made by Councilman Daugherty and seconded by Councilman McClure, the Council voted 7 - 0 to adjourn the Called - Special Session at 9:08 p.m. These minutes approved by the Allen City Council on the 5th day of November , 1981. i Pierson, MAYOR Marty Hendrix, ty SECRETARY These minutes approved by the Allen Planning and Zoning Commission on the 12th day of November 1981. Jim ndleton, Chairman i1 !�0