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Home My WebLink AboutMin - Planning and Zoning Commission - 1994 - 03/10 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 10, 1994 Commission Members Present: John Garcia, Chairman Douglas Gallagher, Vice -Chairman Kenneth Fulk, Secretary (arrived 7:55 p.m.) Harold Biggs Jeffery Kelley (arrived 7:45 p.m.) Steve Allen Noel Crume (arrived 8:00 p.m.) Commission Members Absent: City Staff Present: Tom Keener, Development Coordinator George Conner, Director of Public Works Sally Leeper, Secretary 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 Garcia at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes February 24. 1994 (Agenda Item III Chairman Garcia read the agenda item into the record as follows: "Approve minutes of February 24, 1994, Regular Meeting." MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Biggs, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of February 24, 1994, as presented. PLANNING &, ZONING COMMISSION March 10, 1994 PAGE 2 Public Hearing Sexually Oriented Businesses (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider amending Comprehensive Zoning Ordinance No. 829-11- 87, Section 2.06, by adding Paragraph D to include standards for sexually oriented businesses, to amend the Schedule of Uses to allow sexually oriented businesses in specific districts, and amend Section 2.10, Definitions, to include definitions relating to sexually oriented businesses." Mr. Tom Keener presented the ordinance to the Commission. He reviewed the fact that the Commission has recently recommended a resolution allowing Sexually Oriented Businesses (SOB'S) in the General Business District by Specific Use Permit with definitions. Staff recommended that a public hearing be held and a recommendation be sent to City Concil to amend the Comprehensive Zoning Ordinance to allow for an amendment to Section 2.06, Site Plan requirements. Chairman Garcia opened the politic hearing. Ms. Cheryl Osteen, 105 Country Lane, stated she was against SOB's being allowed in her neighborhood. Mr. Robert Hernandez, 1503 Mayflower, expressed opposition to SOB's in general. He agreed that if the City is forced to allow them, that a Specific Use Permit should be required and they should not be located near churches or schools, etc. Mr. John Robinett, 550 Bethany, opposed allowing SOB's in Allen. Chairman Garcia closed the public hearing. Chairman Garcia explained State law regarding the fact that all businesses must be allowed in the City; the ordinance is an attempt to regulate this particular type of business. He ex- pressed concern that all loopholes need to be closed. Commissioner Allen discussed the fact that SOB's will be allowed only in General Business Districts by Specific Use Permits. The ordinance additionally places geographic restrictions regarding distance from churches or residential property. Chairman Garcia advised staff to consider requirements in the future regulating drug paraphernalia stores. PLANNING & ZONING COMMISSION March 10, 1994 PAGE 3 Public Hearing Sexually Oriented Businesses (Cont.) (Agenda Item III) MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Biggs, the Commission voted 4 FOR and 0 OPPOSED to recommend approval of the ordinance regarding Sexually Oriented Businesses, which will amend Comprehensive Zoning Ordinance No. 829-11-87. Final Plat Brookside Phase I (Agenda Item IV) Chairman Garcia read the agenda item into the agenda as follows: "Final Plat - Consider request for Final Plat approval for Centex Real Estate Corpora- tion on Brookside Phase I, being a 24.233 -acre tract of land situated in the R.C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas, being a part of that certain 91.4035 -acre tract of land known as Tract 2 as conveyed to Centex Development Company L.P. by American Escrow Company, Trustee and described in deed recorded in County Clerk Number 91-0072545, Deed Records of Collin County, fid Texas; further described as being located between Bethany Drive and Chaparral; west of S. Allen Heights Drive." Mr. Keener presented the plat to the Commission. He advised that the proponent has been delayed by an emergency, and requested that this agenda item be consider later in the meeting. MOTION: Upon a motion by Commissioner Allen and a second by Commissioner Gallagher, the Commission voted 4 FOR and 0 OPPOSED to table Agenda Item IV. PLANNING & ZONING COMMISSION March 10, 1994 PAGE 4 Final Plat Cottonwood Bend Estates Phase I (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: "Final Plat - Consider request for Final Plat approval for D. R. Horton Custom Homes on Cottonwood Bend Estates Phase I, being a 34.144 -acre tract of land situated in the R.C. Whisenant Survey, Abstract No. 1012, in the City of Allen, Collin County, Texas, as described in Clerks File No. 93-0105643, in the Deed Records of Collin County, Texas; further described as being west of Cottonwood Creek and south of Clearlake Drive." Mr. Keener presented the plat to the Commission. He stated that it includes the dedication of the floodplain and additional park land approved through zoning. It is consistent with the approved preliminary plat. A hike/bike trail will be constructed through the park area. This trail is shown on the construction drawings. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Allen, the Commission voted 5 FOR and 0 OPPOSED to approve the final plat for Cottonwood Bend Estates Phase I. Subdivision Ordinance (AEenda Item VI) Chairman Garcia read the agenda item into the record as follows: "Consider Recommendation to the City Council for the Adoption of the Proposed Subdivision Ordinance." Mr. Keener reviewed the revised text of the Subdivision Ordinance with the Commission, as well as a comparison sheet of old text to new text. Staff is requesting a recommendation to send the ordinance forward to the City Council for consideration. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Gallagher, the Commission voted 5 FOR and 0 OPPOSED to recommend approval to the City Council of the revised text of the Subdivision Ordinance as presented this date. I PLANNING & ZONING COMMISSION March 10, 1994 PAGE 5 Mr. Keener reviewed with the Commission a list of questions forwarded to them by the Mayor's office regarding regulation of the boards and commission. Their response to the questions is as follows: 1. Should the length of term be increased or decreased? It should stay the same. State law has no influence on term. The staggering of terms should be left as is. 2. Should there be limits of terms? No Findings: 1. Re -appointment should be based on performance, and is at the City Council discretion. 2. The main criteria for measuring the Commissioners should be performance, with attendance being secondary. �" 3. Learning curve is critical because of the technical knowledge required in this Eposition. 4. Zoning needs some consistency of membership. 5. New members would bring a fresh perspective; however, the time required for study and training are also important. There are always changes through attrition and other reasons. 3. Attendance rules? Guidelines are appropriate, but definite rules do not leave flexibili- ty for extenuating circumstances. Discipline? Guidelines suggested were a percentage should be set by City Council and considered at time of appointment. It should be considered either as a percent of total meetings or missing a specific number of consecutive meetings. Progressive warn- ings should be given by the City Council selection committee. Council should use discretion in their review of the absences. 4. Rules of Operation - last reviewed in the 1970's. 0 PLANNING & ZONING COMMISSION March 10, 1994 PAGE 6 Tabled Item Brookside Phase I (Agenda Item IV) Chairman Garcia read the agenda item into the agenda as follows: "Tabled Item - Final Plat - Consider request for Final Plat approval for Centex Real Estate Corporation on Brookside Phase I, being a 24.233 -acre tract of land situated in the R.C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas, being a part of that certain 91.4035 -acre tract of land known as Tract 2 as conveyed to Centex Development Company L.P. by American Escrow Company, Trustee and described in deed recorded in County Clerk Number 91-0072545, Deed Records of Collin County, Texas; further described as being located between Bethany Drive and Chaparral; west of S. Allen Heights Drive." MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Allen, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the table. Mr. Brad Meyer, Carter & Burgess, presented the plat to the Commission. He stated that the hike/bike trail will be 8 feet wide and will be located in the creek area. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Brookside Phase I. Other Business: Mr. Keener reviewed the upcoming agenda schedule. It is anticipated that the zoning ordinance review ill probably begin again in April or May. The Commission suggested that a landscape ordinance be considered during the next 6 weeks. Wh 11111X1 MOTION:Upon a motion by Commissioner Crume and a second by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to adjourn the February 24, 1994, meeting at 9:00 P.M. The nutes ap ed this 24th day of March, 1994. i Joh Garcia, Chairman Kenneth Fulk, Secretary J