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HomeMy WebLinkAboutMin - 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. I 11 I 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 i 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. I I PLANNING & ZONING COMMISSION FEBRUARY 10, 1994 PAGE 4 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." 0 L PLANNING & ZONING COMMISSION 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. r L�A /aw, Kenneth Fulk, Secretary