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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1988 - 02/25 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 25, 1988 ATTENDANCE: Commission Members Present Wayne Armand Charles Lee Carolyn Latimer John Garcia Commission Members Absent: Ken Browning Eileen Karlsruher Dan Contreras City Staff Present: Tom Keener, Development Coordinator Sally Leeper, Secretary ji CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Vice -Chairman Armand, at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes January 28, 1988 (Agenda Item II) Vice -Chairman Armand read the agenda item into the record as follows: "Approve minutes of January 28, 1988, Regular meeting." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of January 28, 1988, as presented. ALLEN PLANNING & ZONING COMMISSION FEBRUARY 25, 1988 PAGE 2 Public Hearing G & M Investment, Inc. (Agenda Item III) Vice -Chairman Armand read the agenda item into the record as follows: "Consider request by G & M Investment, Inc., to amend "PD - SC" Planned Development -Shopping Center No. 5 by seeking a Specific Use Permit for an automotive lube and oil change facility with site plan approval. The property is located in the Peter Wetsel Survey, Abstract No. 990, in the City of Allen, Collin County, Texas, part of a 1.024 acre tract described as Tract Seven conveyed to David H. Craig, Trus- tee, by H. George Schuler, Gayle H. Schuler and Schuler Investments as recorded in Volume 2555, Page 465 of the Deed Records of Collin County, Texas; more particularly described as being north of F.M. 2170, approximately 635 feet west of Fountain Park Drive." Mr. Mike Mitchell, 3412 Garner, Plano, Texas, presented the request to the Commission. �,i Vice -Chairman Armand opened the public hearing. With no one !�! wishing to speak for or against this item, Vice -Chairman Armand closed the public hearing. Mr. Tom Keener discussed the proposed drive cuts. The car wash currently protrudes into the common access easement, and closing either one of the curb cuts would create an access problem. Proponent has stated that when the car wash property redevelops, one of the drive cuts at that location will be closed. Mr. James Craig, owner of the property, stated that he has no plans at this time to move the car wash. He plans to relocate it to the rear of the property whenever a reasonable offer is received for the pad site. Mr. Keener discussed the location of the stacking lanes, and the parking. A portion of the parking requirement is being served by the stacking lanes; the remaining parking spaces are located in the rear of the facility. The site plan has been reviewed by the Fire Marshal, and he indicated a need for the addition of one fire hydrant. Mr. Keener stated that the City has no specific policy regarding curb cuts; however, the general policy regarding curb cuts is to limit them to 100 feet. The City of Plano restricts them to 120 �+ feet. The spacing on this curb cut is 132 feet. The spacing on ■` the two existing curb curts is approximately 40 feet. Mr. Don Cardwell stated that construction is planned as soon as a build- ing permit is issued. I ALLEN PLANNING & ZONING COMMISSION FEBRUARY 25, 1988 PAGE 3 Public Hearing G & M Investments, Inc. (Cont.) (Agenda Item III) The Commission discussed the subject of drive cuts, the addition of a fire hydrant, and the parking requirements. Vice -Chairman Armand questioned proponent as to the type of landscaping being proposed. Proponent reviewed the landscaping plan as submitted. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 4 FOR and 0 OPPOSED to approve the request for Specific Use Permit and site plan with the following stipulations: 1) that before any development begins, the plan shall meet engineering requirements of the City; specifically, the addition of one fire hydrant; 2) when the car wash is relocated, one curb cut will be eliminated; the speci- fic one to be decided at the time of site plan ap- proval. Findings: 1. Stacking is being counted as parking spaces. 2. The Fire Marshal has approved the plan subject to the addition of a fire hydrant. 3. In lieu of specific requirements on curb cuts, the issue is being addressed by site plan. Although the existing curb cuts are too close, the proposed cut is 132 feet away from them, and one will he closed when the adjacent property redevelops. 4. A satisfactory explanation of the landscaping plan was presented. Final Plat SONIC (Agenda Item IV) Vice -Chairman Armand read the agenda item into the record as follows: "Consider final plat approval for Sonic Addition, situated in the City of Allen, Collin County, Texas, out of the Peter Wetsel Survey, Abstract No. 990, and being a 1.016 acre tract of land, and the same property described in a deed recorded in Volume 1073, Page 535, of the Deed Records of Collin County, Texas, further described as being located at 707 E. Main, Allen, Texas. ALLEN PLANNING 1, ZONING COMMISSION FEBRUARY 25, 1988 PAGE 4 Final Plat SONIC (Cont.) (Agenda Item IV) Mr. George Collis, Fairview, Texas, Surveyor, presented the plat to the Commission. He stated that Sonic was built in 1977. Proposed remodeling necessitates the platting of the property. He added that 10 feet of right-of-way is being dedicated to the City for the expansion of F.M. 2170. Mr. Keener stated that this property was not platted at the time it was built because the City did not have a Subdivision or- dinance at that time. A plat is required at this time because of the renovations to the building. "Consider a new and unlisted use for a gun shop." Mr. Keener discussed this request with the Commission. Current- ly, guns are sold at Wal Mart as an incidental use to the main retail facility. Pawn shops are allowed by specific use permit in Shopping Center districts. He suggested that the Commission might consider a definition of what would constitute a gun shop. He discussed the need for trade-in business in a gun shop. The Commission discussed the question of new vs. used guns, and the possibility of using a ratio of new vs. used guns in the definition. Vice -Chairman Armand questioned Mr. Keener as to who would monitor the ratio of new vs. used guns if such a ratio were given in a definition. Mr. Keener stated it would probably have to be inspected on a complaint basis. Mr. Bill Minyard, owner of the Pebblebrook Shopping Center, stated that the request is not for a pawn shop, but for firearms, rifles, police paraphernalia. Mr. Dale Moore, Princeton, stated that the use he is requesting would not be a pawn shop, but that a gun shop usually does necessitate some trade-in business. Mr. Moore stated that a broker for this type of business must receive a license from the Bureau of Alcohol, Tobacco, and Firearms. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Latimer, the Commission voted 4 FOR and 0 OPPOSED to approve the final plat for Sonic. New and Unlisted Use Gun and Accessory Shop (Agenda Item V) Vice -Chairman follows: Armand read the agenda item into the record as "Consider a new and unlisted use for a gun shop." Mr. Keener discussed this request with the Commission. Current- ly, guns are sold at Wal Mart as an incidental use to the main retail facility. Pawn shops are allowed by specific use permit in Shopping Center districts. He suggested that the Commission might consider a definition of what would constitute a gun shop. He discussed the need for trade-in business in a gun shop. The Commission discussed the question of new vs. used guns, and the possibility of using a ratio of new vs. used guns in the definition. Vice -Chairman Armand questioned Mr. Keener as to who would monitor the ratio of new vs. used guns if such a ratio were given in a definition. Mr. Keener stated it would probably have to be inspected on a complaint basis. Mr. Bill Minyard, owner of the Pebblebrook Shopping Center, stated that the request is not for a pawn shop, but for firearms, rifles, police paraphernalia. Mr. Dale Moore, Princeton, stated that the use he is requesting would not be a pawn shop, but that a gun shop usually does necessitate some trade-in business. Mr. Moore stated that a broker for this type of business must receive a license from the Bureau of Alcohol, Tobacco, and Firearms. ALLEN PLANNING & ZONING COMMISSION FEBRUARY 25, 1988 PAGE 5 New and Unlisted Use (Cont.) (Agenda Item V) Commissioner Lee questioned the minimum age to purchase a hand- gun. Mr. Moore stated it was 21. He added that ammunition can be sold to minors, however. The procedure for purchasing hand- guns was discussed, as well as the procedure for trade-ins. The Commission discussed the possibility of requiring a specific use permit in Shopping Center districts. Further discussion was held regarding stores that sell guns as an incidental use. Commissioner Garcia stated that proponent's ability to sell guns is regulated by the Federal government extensively. He added that a definition could include a statement that the owner of the business must be authorized by the Bureau of Alcohol, Tobacco and Firearms, and that used guns must constitute an incidental use only. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 3 FOR and 1 OPPOSED to recommend that a Gun and Accessory Shop be allowed by right in Shopping Center Districts with new gun sales, meaning that a majority of retail sales would be new vs. used guns, or any other used parapher- nalia. Enforcement would be on a complaint only basis. Commissioner Latimer stated that she voted against this motion because she felt it would have been appropriate to require a Specific Use Permit. Other Business (Agenda Item VI) Mr. Keener advised the Commission that one public hearing is scheduled for the next agenda. Adjourn: MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 4 FOR and 0 OPPOSED to adjourn the February 25, 1988, meeting of the Allen Planning & Zoning Commission at 8:50 p.m. These minutes approved this � day of 1988. Ka-Ghai-r-mau- Eileen Karlsruher, Secretary Wayne L. Armand, Vice -Chairman