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HomeMy WebLinkAboutMin - City Council - 1987 - 11/11 - JointALLEN CITY COUNCIL IVRANI73+fA,1 "Nrew3w-de7304ZleffolSI3 &" to) dl CALLED - SPECIAL JOINT MEETING NOVEMBER 11, 1987 f Present: Allen City Council: Donald P. Rodenbaugh, Mayor Joe Farmer, Mayor Pro Tem Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Jack Pennington Allen Planning & Zoning Commission: Ken Browning, Chairman Wayne Armand, Vice Chairman Eileen Karlsruher, Secretary Charles Lee Carolyn Latimer John Garcia Absent: Dan Contreras City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Bill Petty, Director of Community Development The called - special joint meeting of the Allen Planning and Zoning Commission was called to order by Chairman Browning at 7:30 p.m. on Wednesday, November 11, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. The called - special joint meeting of the Allen City Council was called to order by Mayor Rodenbaugh at 7:30 p.m. on Wednes- day, November 11, 1987, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Presentation of the Proposed Zoning Changes (Agenda Item II) Bill Petty, Director of Community Development, spoke before the Council and the Planning and Zoning Commission on the proposed changes to the city's comprehensive zoning ordinance. Mr. Petty distributed to the Council and the Planning and �r Zoning Commission a list of the items that had been changed in the zoning ordinance and reviewed that list with the Council and the Commission. Based upon questions posed by the Council at a previous Council meeting, city staff had also made some addition- al changes and Mr. Petty distributed copies of those proposed changes to the Council and the Commission. Mr. Petty reviewed the changes made to page 20, page 119, and page 110 of the proposed ordinance. Mr. Petty advised of research done in state law as to the requirements on providing for written protest against proposed zoning changes signed by the owners of 20% or 1c1 ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11. 1987 Page 2 Presentation of the Proposed Zoning Changes (cont'd) (Agenda Item II) more of adjacent property and advised how this is calculated. He then reviewed the requirement of a vote of three-fourths of the CIV Council to over turn a negative recommendation of the Planning and Zoning Commission. He then advised of the examples of illegal uses in home occupations listed on page 110 of the document, specifically in the area of home child care. He pointed out that the zoning ordinance was being brought into compliance with the city's Environmental Health Ordinance No. 738-9-86, which only allows four children in a home. Mr. Petty then reviewed the history of the home occupation of child care from events that occurred in 1979, and the requirements of the city's zoning ordinance at that time and the interpretation of the city attorney on that matter at that time. Mr. Petty then advised of the adoption of the city's health ordinance and the stipulation on the number of children that can be kept in a home and how the city's proposed zoning ordinance is being brought up-to-date with the city's health ordinance. Mr. Petty also advised of the number of children that are allowed to be kept in a home child care facility under state law. Mr. Petty advised that the city only inspected the facilities if there was complaint registered city on a particular person who does home child care. Mr. Petty explained further that the number of children maintain in a home day care facility was determined by the health ordinance and not the zoning ordinance. I£ individuals wanted this number to be changed, then the health ordinance would have to be amended. This action would be handled by the City Council and the Planning and Zoning Commission would not be involved. Open Public Hearing - Planning and Zoning Commission (Agenda Item III -A) Chairman Ken Browning opened the public hearing for the Planning and Zoning Commission and explained again the issue before the Council and the Planning and Zoning Commission was the changes to the proposed zoning ordinance. Open Public Hearing - City Council (Agenda Item III -B) Mayor Rodenbaugh opened the public hearing for the City Council and requested that individuals who wish to speak needed to step up to the podium and identify themselves by name and address. Public Input (Agenda Item IV) The following individuals spoke before the Planning and Zoning Commission and the City Council on the proposed changes to r the city's comprehensive zoning ordinance and that document as it relates to the home occupation for child care facilities: Gay Nuspel, 708 Willowbrook Drive, Allen, Texas, spoke before the Council and Commission on the home occupa- tion of child care facilities and the number of children that can be kept in the home at one time and her request that the City Council not take any further action on the proposed zoning ordinance until a committee of the citizens and the Council can meet to discuss this situation and amend the environmental health ordinance. 1a ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11, 1987 Page 3 Public Input (cont'd) (Agenda Item IV) Barbara Dobson, 208 Glenwick Place, Allen, Texas, spoke before the Council and Commission on litigation that was brought against her in 1979 by the city regarding her violation of the home occupation of child care under the city's zoning ordinance at that time and the city not using her situation as a precedent for the current ordinance. At this time, City Manager Jon McCarty provided to the audience background information on the case referred to by Mrs. Dobson. Ted Foreman, 812 Willowbrook, Allen, Texas, spoke before the Council and Commission on the need for the city's ordinance to agree with state regulations for home child care facilities and that the new ordinance is too restrictive for home occupations. The ordinance should not be changed regarding the home occupations. Evelyn Leggett, 516 Northridge, Allen, Texas, spoke before the Council and Commission in favor of commer- cial day care facilities and is not opposed to the home day care facilities. Brad Ewing, 817 Sycamore Creek, Allen, Texas, spoke before the Council and Commission on the section of the new proposed ordinance that restricts the storing of materials in a garage as part of the home occupation ordinance. He wants the ordinance to stay the way it is at the present time regarding this matter. At this time, Bill Petty, Director of Community Development, spoke in regards to the list of illegal uses as listed under home occupation and the section regarding the storage of materials in garages as proposed in the ordinance in order to clarify some areas that are being questioned. Carolyn Shelton, 602 Sandycreek, Allen, Texas, spoke before the Council and Commission on her preference for home day care facilities in Allen. Kathy Chenoweth, 559 Northridge, Allen, Texas, spoke before the Council and Commission on her preference for home day care facilities in Allen and the need to allow the number as provided for in state law. At this time, Chairman Browning requested that individuals with differing view points be allowed to speak. He pointed out that this was turning into an argument between commercial day care providers and home day care facilities and those topics were not the issue before the Council and the Commission at this meeting. Margo Ferguson, 1310 Gardenia Drive, Allen, Texas, spoke before the Council and Commission on the contents of the provisions of state law that regulates home day care facilities and she read from that document. She pointed out that she felt the state was more qualified to set the number of children for home care facilities than an interpretation of the city attorney. ara ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11, 1987 Page 4 Public Input (cont'd) (Agenda Item IV) Robin Lassiter, 1500 S. Jupiter Road, Allen, Texas, spoke before the Council and the Commission on her preference that home day care facilities be allowed to maintain the number of children as allowed by state law. Paula Beber, 702 Juniper Drive, Allen, Texas, spoke before the Council and the Commission on home day care facilities and the need to be able to keep six children as provided by state law. At this time, Chairman Ken Browning clarified again to those present that the situation regarding the number of children that can be kept in the home occupation of child care was specified in the city's health ordinance and not in the zoning ordinance. This public hearing pertains to the new proposed zoning ordinance. Gay Nuspel spoke again before the Council and the Commission on the city health ordinance, contact with city officials regarding this ordinance and their comments, and the city's method of advertising of public notices in the newspaper and notification of public meetings. Bill Petty, Director of Community Development, spoke before those present on the state requirements for publishing legal notices and how they are handled by the city. Chairman Browning again pointed out that the issue before the Commission and the Council was not the environmental health ordinance, but the new proposed zoning ordinance. An unidentified lady asked how the environmental health ordinance could be amended and there was discussion on that process. Mayor Rodenbaugh advised that the Council was taking notes on the people speaking at the public hearing on this matter and direction could be given to city staff to bring that item forward if the Council so desired. Frank Meininger, 1311 Crestview, spoke before the Council and the Commission regarding the fact that if the new zoning ordinance is adopted at this meeting, then the people who conduct home day care facilities could be in violation of two ordinances. Ellen Margheim, 539 Cumberland, spoke before the Council and the Commission on how small cities do their notification in newspaper for public hearings and she had seen this in other communities. She also advised that she saw the need for consistency in the city's zoning ordinance as it related to the city's health ordinance and as they both need to relate to the state law in this matter. Chairman Ken Browning spoke to those present that the changes in the zoning ordinance do have some positive effects on other things in the city and there was a definite need to proceed with it. ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11, 1987 Page 5 Public Input (cont'd) (Agenda Item IV) Stan Womack, 1005 Meadowcreek Drive, Allen, Texas, spoke before the Council and the Commission on the health ordinance and zoning ordinance and how they pertain to a "registered home" and the effective enforcement of these ordinances when they are only done on a complaint basis. Ann Morris, 747 Leading Lane Circle, Allen, Texas, spoke before the Council and the Commission on her registration with the state as a home day care facility and the trouble she went to do to this. Beth Clay, 707 Willowbrook, Allen, Texas, spoke before the Council and the Commission about the problems she has in her neighborhood with unsupervised children roaming around after school and creating problems. She also posed questions about the format of the zoning ordinance, and indicated a preference to raise the number of children to state law requirements. Wanda Lawrence, 885 Harvest Glen, Plano, Texas, owner of day care centers in Allen located at 208 Allen Heights Drive, 505 Ridgemont and 548 Bethany Drive, spoke before the Council and the Commission on the compliance that the city places on her and her facilities and the need for the home day care facilities to have to register with the state and come into compliance and meet regulations placed on them. Mary Meininger, 1311 Crestview, spoke before the Council and the Commission about home day care facilities and the need for them and the need to be able to keep six children as allowed by the state regulations. Marian Schaefer, 305 Ellis Drive, spoke before the Council and the Commission about what is best for everyone present. Judy Rihn, 909 Rush Creek, Allen, Texas, spoke before the Council on home day care individuals forming some type of home day care association to work on getting all day care facilities registered. Chris Womack, 1005 Meadowcreek Drive, spoke before the Council and the Commission on the need to consider the working parents and what they want and need. Bill Petty, Director of Community Development, spoke before the Council and the Commission on what it would take to amend the city's environmental health ordinance, how long it would take for staff to prepare for that item, and when that action could take place. There was further discussion among people in the audience on how the issue of changing the health ordinance could be put before the Council for amendment. City Manager Jon McCarty advised all individuals present that the Council could not discuss any of the statements proposed or consider directing city staff to bring forth changes to the city's environmental health ordinance until the public hearing was over. ra ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11, 1987 Page 6 Public Input (cont'd) (Agenda Item IV) Clyde Richards, an associate of Wanda Lawrence, spoke before the Council on the need to require inspections to be done on all day care facilities, whether they be home day care facilities or commercial day care facilities. Close Public Hearing - Planning and Zoning Commission (Agenda Item V-A) With no one else wishing to speak either for or against the proposed zoning ordinance, Chairman Browning closed the public hearing for the Planning and Zoning Commission. Close Public Hearing - city Council (Agenda Item V -B) With no one else wishing to speak either for or against the proposed zoning ordinance, Mayor Rodenbaugh closed the public hearing for the City Council. There was discussion by the Council that the contents of the entire proposed zoning ordinance has to be considered as there are other aspects involved that effect other matters that are also important, not just the issue on the day care facilities. There was further discussion on the ratio of children that can be kept in the city's current environmental health ordinance as compared to state law requirements. There was further discussion on a clarification of what the people who operate the home day care facilities wanted changed in the environmental health ordinance as to the number of children. After the discussion, there was a straw poll taken of the Council members by Mayor Rodenbaugh regarding directing the city staff to review and bring forward a recommendation for changes to be made in the city's environmental health ordinance regarding home day care facilities. The vote was seven (7) for and none (0) opposed. After further discussion on notification to the people at this meeting on the changes to be made to the environmental health ordinance and the need to meet with representatives on this matter, City Manager Jon McCarty suggested that a few members from each side of the issue be appointed to provide input to city staff on the changes that they wanted to see in the city's environmental health ordinance as it relates to home day care facilities. City Manager Jon McCarty advised those present of the city position in adopting the minimum standards of the state's requirements for home day care facilities and pointed out the city's position in review of the health ordinance as it pertains to enforcement and the double jeopardy issue. At this time Mayor Rodenbaugh recessed the called - special joint meeting of the Allen City Council and the Allen Planning and Zoning Commission at 9:27 p.m. The meeting was reconvened at 9:38 p.m. There was further discussion about the revisions made by city staff as presented by Mr. Petty, and the position of the Council and the Commission in this process and if everyone was in agreement on the document and the changes that had been made to the document during the process. ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11, 1987 Page 7 Planning and Zoning Commission Considers Making a Recommendation to the City Council on the Proposed Zoning Changes (Agenda Item VI) Chairman Ken Browning opened the floor for a motion regarding a recommendation to the City Council on the proposed changes to the city's comprehensive zoning ordinance. MOTION: Upon a motion made by Commissioner Lee and seconded by Commissioner Armand, the Commission voted six (6) for and none (0) opposed to recommend to the City Council approval and adoption of the proposed zoning ordinance with the revisions as recommended and presented by city staff. The motion carried. City Council Considers Recommendation of the Planning and Zoning Commission on the Proposed Zoning Changes and Considers an Ordinance Adopting the Proposed Zoning (Agenda Item VII) and Ordinance No. 829-11-87: An Ordinance of the City of Allen, Collin County, Texas, Repealing Ordinance No. 366-10-81, Esta- blishing and Providing for Zoning City Council Considers Recommendation of the Planning and Zoning Commission on the Proposed Zoning Changes and Considers an Ordinance Adopting the Proposed Zoning Regulations Within the Corporate Limits of the City of Allen, Texas; Establishing Use Districts in Accordance With the Comprehensive Plan; Readopting Without Change the Existing Official Zoning Districts Map as Amended Under Ordinance nO. 366-10-81; Adopting Certain Schedules and Illustrations; Providing Certain Special Provisions for Compliance; Containing Certain Definitions; Regulating the Use of Buildings and Land, Their Height, Coverage, Sizes, Yards and Open Spaces; Specifying Standard Vehicle Parking, Offstreet Loading, Landscaping Accessory Buildings, Home Occupations, Fences and Walls, Minimum Access, and Performance; Defining the Authority of the Zoning Administrator, the Planning and Zoning Commission; Providing for Amendments; Providing for a Board of Adjustment and Appeals Process; Providing for Enforcement; Establishing a Schedule of Fees and Charges; Providing for a Penalty of Not More Than One Thousand Dollars ($1,000.00) for Each Violation Thereof; v Providing a Validity Clause; Repealing All Conflicting Ordinances; Declaring an Emergency and Providing an Effective Date. (Agenda Item VII) There was further discussion by the Council on the new proposed zoning ordinance and Councilman Wolfe expressed his concerns about some of the provisions of the new ordinance and the flexibility. He pointed out that with the flexibility there comes responsibility and he hoped that the city would not let down its standards. 112 ALLEN CITY COUNCIL/ ALLEN PLANNING AND ZONING COMMISSION CALLED - SPECIAL JOINT SESSION NOVEMBER 11, 1987 Page 8 Ordinance No. 829-11-87 (cont'd) (Agenda Item VII) MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted seven (7) for and none (0) opposed to approve the proposed zoning �, changes in accordance with the recommendation of the Planning and Zoning Commission, as stated, and to adopt Ordinance No. 829-11-87. The motion carried. Items of Interest (Agenda Item IX) There was further discussion by the Council on the meaning of the straw vote taken to direct city staff to bring forth a recommendation on changing the city's environmental health ordinance regarding the number of children that can be cared for in a home day care center and if that whole portion of the ordinance needs to be reviewed. City Manager McCarty advised the Commission and the Council that he had provided video viewing equipment at this meeting with the intention of showing a video tape of a presentation covering global issues of economic development. However, due to the lateness of the evening, this presentation could be done at a another time. Adjourn - Planning and Zoning Commission (Agenda Item X -A) MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Karlsruher, the Commission voted six flaw (6) for and none (0) opposed to adjourn the called - special joint meeting of the Allen Planning and Zoning Commission at 9:50 p.m. on Wednesday, November 11, 1987. The motion carried. Adjourn - City Council (Agenda Item X -B) MOTION: Upon a motion made by Councilman Wilson and seconded by Councilman Pennington, the Council voted seven (7) for and none (0) opposed to adjourn the called - special joint meeting of the Allen City Council at 9:50 p.m. on Wednesday, November 11, 1987. The motion carried. These minutes approved on the !U day of December, 1987. Ken Brownix3, CHAIRMAN Eileen Karlsruher, SECRETARY I These minutes approved on the 17th day of December, 1987. APPROVED: Donald P. Rodenbaug��h, M YR ATTEST: V Marty Hendrix, CMC, CITY SECRE 0ru