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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1998 - 09/24 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 24, 1998 ATTENDANCE: Commission Members Present Jeffrey Kelley, Chairman Ross Obermeyer, Vice -Chairman (arrived at 7'14) Pamela Smith, Secretary Mark Pacheco Jeff McGregor Steven Haynes Commission Members Absent: Kevin M. Kerr City Staff Present: Ms. Diamond, Senior Planner George Conner, Director of Public Works Dan Tracy, Civil Engineer Pam Conway, Secretary WORKSHOP MEETING CALL TO ORDER AND ANNOUNCE A OUORUM: With a quorum of the Commission Members present, the Allen Planning & Zoning Commission was called to order at 7:09 p.m., by Chairman Kelley, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Allen Retail Addition - Commission Member Pacheco stated that there is a deviation on the final plat. Ms. Diamond stated that actually there are the same number of out -lots. Lot 1 extends to McDermott. Commission Member Pacheco noted that it has deviated from the preliminary plat and he will remove it from the consent agenda. The minutes from the September 10, 1998 meeting will be corrected to reflect that Commission Member McGregor seconded the motion to adjourn. Ms. Diamond noted that a revised land use map has been circulated among the Planning & Zoning Commission regarding revisions on the Cameron property. She also distributed information regarding the history of the Bethany Park Place 2 plat located at the southeast comer of Bethany Drive and Allen Heights. When this was platted, the 3.693 acres tract at the comer was not platted due to the need to determine the floodplain boundaries The zoning on this tract is FP -SC, allowing only for the construction of a sign for the shopping center. A floodplain study has been prepared which indicates that the floodplain area is actually 0.637 acres instead of 2.83 as was assumed when zoned. Ms. Diamond also stated that a press release was distributed regarding the Home Occupation Ordinance. PLANNING & ZONING COMMISSION SEPTEMBER 24, 1998 PAGE ■ A draft Speaker Card was distributed to the Planning & Zoning Commission for review. It will be Lused in tonight's public hearing as a trial. The Commission Members discussed the speaker card and if the speakers should he organized or just randomly speak in no particular order. Commission Member Obenneyer indicated that it should be in random order. Chairman Kelley would like it organized. Commission Members Pacheco, Haynes and McGregor have no preference. Commission Member Smith stated that the chair has the authority to make the decision. She does suggest that random might be best, so as not to show favoritism. REGULAR MEETING Consent Agenda Agenda Item II Chairman Kelley read the consent agenda into the record as follows. "Consent Agenda A. Approve Minutes of September 10, 1998, Regular Meeting. B. Final Plat— Consider a Final Plat for Allen Central Retail Addition No. 2, Lots 1, 2,& 3, Block B, being 19 722 acres out of the Michael See Survey, Abstract No. 543, the Catherine Parsons Survey, Abstract No 711 and The William Perin Survey, Abstract No. 708, in the City of Allen, Collin County, Texas; further described as being located west of U.S. 75 and south of McDermott Drive." Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to remove the Final Plat for Allen Central Retail Addition No. 2, from the Consent Agenda and approve Item A. FINAL PLAT Allen Central Retail #2 Agenda Item 11-B Final Plat — Consider a Final Plat for Allen Central Retail Addition No 2, Lots 1, 2,& 3, Block B. Ms. Diamond stated that the property is a parcel located south of McDermott Drive This site is south and east of the Chevron Station and McDonald's. She stated that they are requesting a replat of 3 lots. There is a 100 year flood plain noted on the plat. Once the shopping center is complete, the "as budts" will be sent to FEMA for a LOMB, which would be approval for floodplain map revision. Commission Member Pacheco questioned the proponent, conceming the fact that this final plat and does not conform to the preliminary plat; it changes the lot configuration along McDermott. It creates another lot behind McDonald's, which was not on the preliminary plat. Michael Clark, Winkelmann & Assoc 12800 Hillcrest, Dallas, TX, representing the owner, stated that there are the same number of lots The out -lot that was on the east side was moved to the west. Commission Member Pacheco stated that it is different that the preliminary plat. He stated that the Commission can consider this a combination plat since there are only 3 lots. He stated that Commission Members need to be aware that this is different than the preliminary plat. Commission Member Pacheco also questioned the TU Electric access Mr. Clark stated that they have been granted an easement. They will have access from the south. An easement agreement will provide access. PLANNING & ZONING COMMISSION SEPTEMBER 24, 1995 Chairman Kelley again clarified Commission Member Pacheco's concerns, i.e. the final plat not conforming to the preliminary plat. Ms. Diamond stated that there are the same number of lots, just relocated. Commission Member Oberneyer agreed; and stated that staff should have indicated this in the packet memo, to call the Commission's attention to it. Commission Member Pacheco noted that the Commission could approve the plat, as a combination plat because it contains 3 lots Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member McGregor, the Commission voted 6 FOR and 0 OPPOSED to approve the Final Plat for Allen Central Retail Addition No. 2. TABLED ITEM D.A. Cameron & Associates. Inc. Agenda Item III Chairman Kelley read the agenda item into the record as follows: PAGE "Tabled Item — Consider a request by D.R. Cameron & Associates, Inc., to place permanent zoning of Planned Development District for Single -Family Residential. The property is located in the George Fitzhugh Survey, Abstract No. 320 and the Gabriel Fitzhugh Survey, Abstract No. 318, City of Allen, Collin County, Texas; further described as being located south of Stacy Road and west of FM 1378." Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Haynes, the Commission voted 6 FOR and 0 OPPOSED to remove Item III from the table. Commission Member Oberneyer indicated that he had a potential conflict of interest, and removed himself from the room at this time. Ms. Diamond discussed the revision that was circulated to the Commissioners this evening. She stated that the Comprehensive Plan shows this as a very low density area, with a density of 2 dwelling units per acre. The proposed density of the revised request is 2.1 dwelling units per acre, which is a reduction of 52 lots from the original proposal. The proponent, Doyle Cameron, 2300 Highland Village Rd., Highland, Texas, stated that he met with Mr. Brazeal, a property owner to the north, and with two property owners on the south. His desire was to comply with the surrounding area. Mr. Cameron discussed the revised site plan. He stated that the east side of the property is being buffered from the LI zoning in Lucas. He has also agreed to a land trade with the school for additional buffering. A sidewalk will also be constructed. Mr. Poster, of Lovejoy School District, indicated to Mr. Cameron that 99 percent of the kids at Lovejoy are dropped off by parents. Mr. Cameron discussed the concept plan and explained that he has matched the existing number of homes south of the property to the number of lots proposed within the development He also presented a landscape plan. Chairman Kelley opened the Public Hearing PLANNING & ZONING COMMISSION SEPTEMBER 24, 1998 PAGE Terry Binion, 2407 Forest Grove Estates Rd, stated that he represents the people in the neighborhood. He stated that the plan shown to the Commission tonight was not the one they reviewed at their meeting, so some of his concerns may already have been addressed. He discussed that it has been noted that Mr. Cameron has reduced the density They are, however, still concerned with the residential density He discussed traffic and stated that it is a problem. However, on the current drawing they now show another access point to F.M. 1378. Mr. Binion noted that this development is closely spaced tract housing in a rural area. He desires to maintain lots which would be not less than one acre, which would be consistent with the existing area. He stated that homes built on one acre lots are marketable. Commission Member Smith reminded Mr. Binion that the homes he referred to with the one acre lots are not in the City of Allen. Mr. Binion stated that the bottom line is they want it kept a rural area. He wants to protect the community and the lifestyle. Roy O'Neill, 2102 Forest Grove Estates stated that this development is too dense for this area. Wants 2 — 3 acre lots in this area. Nothing less than one acre lots would be acceptable. He stated that a city employee, which he stated would remain unnamed, stated to him that the Planning and Zoning Commission and the City Council, are predisposed to follow the Comprehensive Plan. So he wondered why are we here tonight, if this is predisposed. Chairman Kelley stated that although the Comprehensive Plan is a guide, from time to time the Commission has deviated from that guideline. Commission Member Smith stated that we gave Mr. Cameron some guidelines at the last meeting, which he has appeared to address with his revisions. Mr. O'Neill read from the Comprehensive Plan page 3.13, 1" paragraph, and page 3.8 (which defines low density residential) and stated that it does not allow more than 2 houses per acre. Lastly, he read from page 3 5, #9 concerning development densities in communities adjacent to Allen (i a Fairview, Lucas, etc.) and their densities should be taken into consideration when determining appropriate densities in Allen. Cis Wishnew, 2211 Forest Grove Estates, noted her pasture on the land use plan displayed, and stated that she has lived there for 14 years. She indicated that she keeps various livestock. She wonders how good of a neighbor she would be with these livestock. She indicated a desire for a buffer from the southwestern edge from her property She stated she has about 4 acres. John Tucker, 635 Meadow Lane, stated that he is not part of the Forest Grove Est Addition. There is a big drainage problem due to development. Water has been forced to the east from Curtis Middle School. It is so bad in his subdivision that retaining walls had to be built. He indicated that he and Ms. Diamond has discussed it and would like for the city to come inspect this. He also indicated that the higher density proposed will devalue his acreage. Drainage is his biggest concern. Mike Williams, 2303 Forest Grove Estates, indicated that indeed Mr. Cameron has addressed some of the issues with the new plan presented this evening. He feels it would be an asset to the city to have one acre lots. He appreciates Mr. Cameron's efforts to address the neighbor's concerns. Mr. Sandormerozsan, 2101 Forest Grove Estates, stated that Commission Member Smith has stated, that's the law, and he wants us to at least follow the law He asked the Commission to help the neighbors with this, one acre lots is what they desire. PLANNING & ZONING COMMISSION SEPTEMBER 24, 1998 PAGES Speaker cards were also received from the following individuals not wishing to speak at this time, and were read into the record as follows: Andrew Klessen, 2307 Forest Grove Estates - OPPOSED Comment: I feel the density is out of touch with the community and should be one acre lots. Also impacts to Lovejoy school and traffic onto Stacy is a major concern Walter L. Vail, 2402 Forest Grove Estates - OPPOSED Comment: The developer's proposed plat does not confirm nearly in size the other properties on the north, east and south. Sunshine Hogan, 2214 Forest Grove Estates - OPPOSED Comment: I'm opposed to the current plan and drainage is a major problem, my home has flooded 2 times in the last 8 years, last time was January 1998. Maria Corley, 2340 Rock Ridge Ct , Lucas - OPPOSED Comment: Please, Please, Please preserve some open spaces and don't let Allen become Plano. Mr. Cameron responded that a lot of the property to the south is in the 100 year flood plain, and therefore, it floods. He then discussed one acre lots. He indicated the costs of off-site sewer is expensive, also the major thoroughfare to consider He cannot develop this land with the proper drainage and sewer on one acre lots. That would be just 54 lots, it is just a fact that its undevelopable. He indicated that indeed there may be drainage problems because of a lack of engineering to the area. He stated that the lots indicated on his plan are huge lots. He cannot go with the one acre lots. He stated that he is proud of each subdivision he has done and would also be proud of this development. Virgins Griggs, 1225 Pinkerton, Allen, indicated that she has lived in a 100 year flood area and it flooded and the city was held liable for some of the costs that the property owners suffered. Marta Corley, Rockridge Ct , Lucas, stated that her 4.8 acres backs up to a creek. She discussed a bridge that was washed away, and that decreased her quality of life Commission Member Smith indicated that this development has come a long way from the original presentation. She understands the neighbors to want this development to be exactly like what they have. She points out that the developer has addressed their concerns by adding one acre lots around the perimeter of the property Park dedication fees will be paid in lieu of dedication of a park. Commission Member Smith also stated that there is no comparison between Fairview, Allen and Lucas. This property is now in the City of Allen. She referred to the discussions the Planning &. Zoning Commission has undertaken regarding density in the past. She refers to the Mr. O'Neill's Comprehensive Plan comments, and she states that she is not bound by the Comprehensive Plan, they can deviate when appropriate. Ms Diamond discussed access points. She stated that two streets will support over 1,000 trips per day, and will support the development as proposed. Mr Conner indicated that the city has strict drainage requirements. The proponent's development would have to be a minimum of two feet higher than the flood plain. He stated that he doesn't know what flood plain standards Forest Grove Estates were built to. The flood study that will be required by the city prior to development of this property will be required to take into account the property at PLANNING & ZONING COMMISSION SEPTEMBER 24,1998 PAGE buildout FEMA looks at existing conditions. That is the problem with building to the FEMA standards. Commission Member Smith discussed the school site. She stated that the proponent has worked with the school and has worked out the access points. She stated that the hike and bike trail originally proposed along the southern boundary is undesirable because it would bring pedestrians into the rural backyards She wanted to take the surrounding property owners concerns into account, and feels the proponent has done so. Commission Member McGregor directed his comments to Mr. O'Neill regarding the Comprehensive Plan. He stated that they struggle with those guidelines at every meeting. He uses it as a guide because that's the best tool they have to work with, and after working with Council and Staff, this was the guide that was developed. Commission Member McGregor questioned Mr. Binion if he would he accept buffering. He stated that he would, if that's all he could have. He then questioned Mr. Gary Rodenbaugh, who was in the audience, regarding the access points. Mr. Rodenbaugh stated that the Lovejoy school has taken no official action on this. Mr. Cameron indicated that Mr. Poster had stated that he liked the proposal and would recommend it to the school board; but that he did not have final authority. Mr. Rodenbaugh indicated that the school board has the final authority. Commission Member Pacheco reiterated that the Comprehensive Plan is a guide. He understands the concerns about drainage and traffic, but he can only insure that it meets the Comprehensive Plan guidelines. He feels that this is exactly what the Comprehensive Plan suggests. He indicated again that Mr. Cameron has done a great job working to address the neighbors concerns. In response to a comment made by a neighboring property owner, Commission Member Pacheco stated that he does care, or he wouldn't be up here 5 hours, twice a month. Commission Member Haynes again restates how much Mr. Cameron has worked with the homeowners, and tried to address their concerns. He stated that the owner of this property also has rights to develop her property. He asked the neighbors to keep that in mind. He believes Mr. Cameron will develop a quality development. This development may very well provide a good buffer from the developments that will come in the future. Commission Member McGregor referred to the land use plan notes. He noted that typically we require that no garage doors would be facing major thoroughfares - statement (#4). Mr. Cameron then indicated that if they want to eliminate #4, that's fine. Ms Diamond read from the Subdivision Ordinance regarding garage doors (pg. 600-12) Chairman Kelley asked Ms. Diamond if we could hold the proponent to this concept plan. Ms. Diamond indicated that this could be attached as part of the ordinance to insure it is followed. Chairman Kelley then asked Mr. Cameron about the neighbor with the pasture and livestock, and stated that he would like to see the larger lot size in that area. Mr. Cameron stated that was not a problem. Commission Member Smith indicated that an additional page for development standards should be added. Ms. Diamond indicated that the City Council has directed staff that a standard format for Use and Area regulations be adopted. These development standards will be revised into a standard format prior to City Council consideration. PLANNING & ZONING COMMISSION SEPTEMBER 24,1998 PAGE Chairman Kelley stated that he is not sure that the 12, 000 minimum is appropriate for this development, and asked the Commission Member's for input on this. Commission Member Pacheco indicated that it is a fair trade for the other larger lots. Commission Member Haynes also agreed, and stated that 12,000 lot is acceptable. Commission Member McGregor reiterates that the surrounding neighbors will be buffered with one acre lots, the interior of the development will be the smaller lots. Commission Member Smith wondered how we can demand a lower density than the Comprehensive Plan requires. Ms. Diamond indicated that the Comprehensive Plan is a guide, and staff would support this proposal as revised. Chairman Kelley indicated that the Comprehensive Plan suggests two per acre Ms. Diamond reminds the Commission of cases in the past who have achieved acceptable tradeoffs on density by adding curvilinear streets, opens space, etc. Commission Member Smith feels that this property owner has the right to develop. They have to develop it according to City of Allen standards, and will not impede their rights when the proposal fits our Comprehensive Plan. Chairman Kelley and Ms. Diamond discussed the R-2 versus R-3 district standards. Commission Member McGregor indicated that he would rather see the R-2 standards than the R-3. Mr. Cameron stated that it all complies with the R-2 standards except the 80 lot width, and the mix of lot sizes. Ms. Diamond stated that they exceeded the open space requirements; however, normal park fees will be due at time of platting, and this open space will not count. The Commission Members agreed that staff can work out the wording regarding the development standards. Chairman Kelley advised the audience that they can again voice their opinions at the City Council Public Hearing. Motion: Upon a motion by Commission Member Smith and a second by Commission Member Haynes, the Commission voted 5 FOR and 0 OPPOSED to approve the request as submitted with the following amendments: 1. Development Standards consistent with R2 district regulations, except where noted. Z. No garage door (s) may face the street. 3. One acre lots will border the adjacent properties. 4. Southwest corner of development will also be one acre lots. 5. 18,000 lots will encompass the perimeter of the development. 6. 12,000 sq. ft lots will encompass the interior of the development. 7. At the time of platting, Lovejoy school will approve access points. 8. Need a letter from NTMWD stating they agree with the lotting pattern. 9. A Facilities Agreement will be entered into between the developer and the City of Allen. 10. Attach exhibit showing the landscape. I PLANNING & ZONING COMMISSION PAGE 8 SEPTEMBER 24, 1998 Findings: L Density generally in accordance with the Comprehensive Plan 2 Mixed lot size seemed to be desirable as a buffer from adjacent property owners 3. School concerns addressed 4. Buffering addressed/exceeded the requirements COMB]NATION PLAT Bethany Park Place 2, Lots 1-3 Agenda Item IV Chairman Kelley read the agenda item into the record as follows. "Combination Plat— Consider a Combination Plat for Bethany Park Place 2, lots 1 — 3, Block 1, being 3.693 acres out of the John Snider Survey, Abstract No. 848, in the City of Allen, Collin County, Texas; further described as being located at the southeast comer of Bethany Drive and Allen Heights." Ms. Diamond stated that this plat is being considered as a combination plat since it contains three lots or less. The hike and bike trials will parallel Allen Heights Drive and Bethany Drive rather than the creek per an agreement with Parks and Recreation. This property is north of the new Kroger Shopping Center that has recently been platted. Staff recommends approval. Chairman Kelley noted that the plat states the trees are not to be disturbed. He questioned the validity of that statement. Ms. Diamond stated that those trees are in the floodplain and will indeed be saved. Mike Clark, Winkelmann & Associated, representing the owner stated that the trees on the bank will be preserved. Nothing has or will be done around the existing trees except for the ROW for Allen Heights Mr. Clark presented an exhibit agreed to by the Parks and Recreation Dept., which has been filed at the county The corner is not a buildable lot and will be used only for a sign, as required by zoning. He stated that landscaping will be done around the sign. Commission Member Smith stated that she has researched the zoning on the sign tract, and she is concerned that what the council adopted was not what the Commission recommended. Commission Member Smith further stated that she has all the minutes from the zoning case, all the history, the ordinance, etc, and what we have is not where we started. She recalls a great deal of discussion on this, density, floodplain, etc. She stated that she understands that it is already approved by City Council, and that the Sign Board has already approved the sign. Ms. Diamond stated that what is before the Commission this evening is approved zoning, and a plat, which conforms to the zoning. Mr. Clark stated that the floodplain noted on the original zoning was designated incorrectly The floodplain study has been done, and the floodplain has not been altered. Commission Member McGregor noted that at the time of the zoning Mr. Conner stated that the floodplain may be less than was stated. Commission Member Smith noted that the park is city land. Chairman Kelley indicated that this configuration of the plat was to allow the second sign on Bethany. Commission Member Smith wondered if the Sign Board knew that was city park land. PLANNING & ZONING COMMISSION SEPTEMBER 24, 1998 PAGE ` Ms. Diamond stated that the ROW was dedicated. Mr. Conner stated that the reason the floodplain ■` changed is that an old FEMA map shows the area, and a culvert was so small that there was a backwater effect, and that's what FEMA saw At the developer's expense, they are rebuilding the floodway Commission Member Obermeyer indicated that we must consider what is here tonight. Commission Member McGregor stated that he remembers the zoning because he was concerned about a fast food restaurant being neat to a park. It does seem like we are giving them a pad site that wasn't originally intended, but he doesn't really feel concerned about that. His concern is that maybe we are establishing a precedent that a property line could be gerrymandered to fit the developer's needs. He restated that he is not concerned about the signs but is concerned about the property lines. Commission Member Pacheco stated that we rarely end up where we started. What matters is what Council approved. We need to be considering if this plat is in conformance with the zoning. He concern echoes Commission Member McGregor We may be cutting off an access across the flag lot. Mr. Clark stated that was not a problem, he could add the access easement across this lot Commission Member Pacheco stated that the Sign Board is the authority on signs. Commission Member Haynes stated that the only place a sign could go is on that property, per the ordinance. He has no problem with that. Chairman Kelley is in favor of this request. The technicality of the sign issue is not a concern; he would agree with the access agreement. He feels the use of the land is good and he supports it. Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member Obermeyer, the Commission voted 4 FOR and 2 OPPOSED to approve the Combination Plat for Bethany Park Place 2, Blk. 1, Lots 1-3, Commission Members McGregor and Smith Opposing. COMBINATION PLAT The Heights of Bethanv Agenda Item V Chairman Kelley read the agenda item into the record as follows: "Combination Plat— Consider a Combination Plat for The Heights of Bethany, being 4.145 acres located in the R C Whisenant Survey, Abstract No. 1012, in the City of Allen, Collin County, Texas; further described as being located at the southwest comer of Allen Heights and Bethany Drive." Ms Diamond stated that Specific Use Permit No. 60, which allows a service station, was recently approved by the City Council for Lot 2. There are no trees on the site that is outside the Floodplain Mutual access and Bre lane easements traverse the three lots to minimize thoroughfare traffic. Staff recommends approval as submitted. Chairman Kelley asked Warren Corwin, Corwin Engineering, how much floodplain was reclaimed. Mr. Corwin stated that none was reclaimed. PLANNING & ZONING COMMISSION SEPTEMBER 24, 1998 PAGE 10 Commission Member McGregor and Chairman Kelley advised Mr. Corwin that someone has been dumping on his property Mr. Corwin said he was unaware of that. Mr. Conner indicated that he had noticed it also Mr Conner stated that the 100 year flood plain is contained in the channel. Motion: Upon a motion by Commission Member Obermeyer and a second by Commission Member Pacheco the Commission voted 6 FOR and 0 OPPOSED to approve the Final Plat for The Heights of Bethany. PUBLIC HEARING Home Occupation Ordinance Agenda Item VI Chairman Kelley read the agenda item into the record as follows: "Public Hearing — Conduct a public hearing and receive public testimony on Section 3.10 of the Comprehensive Zoning Ordinance which regulates Home Occupations." Ms. Diamond stated that a news release was submitted to the Allen American for an article that was scheduled to be run on Saturday, September 19, 1998. An article was run in the Plano section of the Dallas Morning News and a copy has been circulated to the Commission Members. City Council requested this public hearing be held. Audrey Smyth, Code Enforcement Officer, is here to answer any questions, as she has responsibility for the enforcement of this Ordinance. Chairman Kelley opened the Public Hearing Kim Layton, 811 Aylesbury Dr., spoke representing the Chamber of Commerce, and is speaking on behalf of the Home Based Business Alliance Ms. Layton stated that everyone in the Alliance operates a home based business. They are requesting items #4 and #6 from the current Home Occupations Ordinance be revised to allow customer visits, and to allow to a home based business to employ one person, who wouldn't necessarily be a member of the immediate family who lives in the residence. This is what the City of Plano's Ordinance allows. Speaking for herself, she stated that it would be beneficial to her business to have customers come to her home. She thinks it would not generate more traffic than a regular party. Commission Member Obermeyer questioned what businesses are in the Alliance, and could anyone join Ms. Layton stated that they must be a Chamber member, and have a home based business. She stated that she is in direct sales and doesn't need a sales tax permit. She'd personally like for her customers to come to her home to pick up products. David Broyles, 211 Ellis, stated that he has lived in the City of Allen for 15 years. He mentioned some of the large successful businesses that started in the homelgarage (Microsoft, etc.) He feels this ordinance stops an aspiring Bill Gates from getting a start. He feels discriminated against. He is of retirement age and a larger scale business would take him off retirement. He and his wife are licensed massage therapists. He stated that a piano teacher can have students come and go and be legal, but he cannot. He is also a computer programmer and he teaches hang gliding. He can legally operate a hang gliding school, because he has just a few students. He is also interested in the same changes as mentioned by the Chamber (#4 and #6 of the current ordinance.) He wants his wife to be able to do massages at home. PLANNING & ZONIN, SEPTEMBER 24,1998 PAGE I I Bruce Sanders, 920 Tyler CL, asked the Planning & Zoning Commission not to change the ordinance. He has friends in Plano that have home businesses and they are great friends, but he's glad he's not their neighbor. Please keep it the way it is. Virginia Griggs, 1225 Pinkerton, stated that the problem she has is a nuisance business, like the trading of guns Her biggest concern is #6 of the current ordinance— employment by someone other than a member of family The neighborhood watch program is hindered, they wouldn't know who is supposed to be there and who isn't. It creates a safety issue and a traffic issue. She has enough aggravation with someone fixing their hot rod at six in the morning, let alone to allow a business to operate and the traffic it could cause. She continued by stating that she feels when you introduce non - neighborhood people, it does increase neighborhood crime. Sheri Stinson, 919 Spring Brook, also requested #4 and #6 of the current ordinance be modified to more closely match that of the Plano ordinance She feels it is no different than having a housekeeper or babysitter come into her home. She would like also to have one employee. With no one else wishing to speak, Chairman Kelley closed the Public Hearing Chairman Kelley asked Ms. Smyth what type of complaints she regularly gets. Ms. Smyth stated that mechanic/plumbing/open storage/noise are in non-compliance. Ms. Smyth also stated that Home Occupation is the hardestjob, because of the burden of proof. It is hard to enforce. A Mechanic's shop is the easiest to prove because of vehicles sitting around the property. CI, Commission Member Smith asked Ms. Smyth if we put them out of business. Ms. Smyth stated that ` she sends them a letter stating they need to come into compliance with the ordinance She has taken one to court and they are still being monitored. Chairman Kelley wondered if it is a privacy issue. Ms. Smyth stated that it is. Chairman Kelley stated that he has also had a business in his home working on the computer. He was in conformance with the codes, but across the street from him lived a man who worked on lawnmowers. It was very annoying„ and went on for years and years. Ms. Diamond stated that there are a lot of home based businesses that we have no knowledge of. If these regulations are loosened, then the city is not in a good position to enforce the home occupations that are nuisances to neighboring properties. Chairman Kelley stated that it is very hard to legislate Commission Member Smith stated that she has a Mary Kay lady in town; is she conducting an illegal activity? She thinks that is going too far to regulate Mary Kay and Avon, etc. She also wondered how we are going to check these out. What about property owner's rights? Ms. Diamond stated that Ms. Smyth responds on a complaint basis. Commission Member Smith asked about childcare —Chairman Kelley reminded the Commission that is allowed because the State allows it. Commission Member Smith supports the City of Plano's ordinance pertaining to issues addressed in our current ordinance #4 and #6. She feels we could potentially allow one employee, and one vehicle at a time. How can we regulate whether a car is there for a sale or for a visit. She feels this is a way of regulating it without outlawing it. She doesn't have a concern with the gun sales in a home. PLANNING & ZONING COMMISSION SEPTEMBER 24, 1996 PAGE 12 Commission Member McGregor agreed that it would be impossible to enforce. He is not in favor of more government by any means. However, he understands both sides. He feels the Chamber brought up good suggestions. Commission Member Pacheco does have a concern with the type of merchandise being sold. He doesn't want his neighbor selling guns and having an inventory of guns. He has a real problem with home based businesses, he has one in his neighborhood and it's a real nightmare. No one wants to complain because no one wants a conflict Commission Member Haynes stated that he feels this ordinance is here to keep honest people honest. He tends to agree with Commission Member Smith. He feels the Chamber's recommendations are reasonable. He stated it's mostly the mechanic shops that generate complaints, and are not in compliance. He also agrees that it's not enforceable. Ms. Virginia Griggs stated that she too would be hesitant to approach a neighbor about an unlawful home business. Commission Member Smith would like to allow the Mary Kay/Avon type of business, but somehow address the real problems, like Ms. Smyth discussed. Ms. Layton, representing the Chamber of Commerce, stated that they want to be in compliance with the ordinance. Commission Member Smith wondered if registering home business with the City would help. She also questioned what would be the criteria for determining what is acceptable or not. Chairman Kelley stated that there is a lot of mixed proposals. Maybe this should be tabled, and try to come to some middle ground. He feels this issue warrants further study Commission Member Smith noted that she has already given this plenty of thought. She asked Ms. Smyth if allowing an employee or allowing customers would create any problems, in her opinion. Ms. Smyth stated that it is really hard to say. Where would it stop as the business grows? Commission Member Obermeyer stated that maybe we need to have a workshop, he is not prepared to recommend anything tonight. He is not comfortable with it. Chairman Kelley asked Ms. Smyth to check with Plano about any impact changing 44 and 46 has had for their city. Ms. Diamond asked Ms. Layton if she could provide a list of the types of businesses operating in the city, which we maybe unaware of. Ms. Layton had a list and provided it to Ms. Diamond, and stated that these businesses are members of the Chamber. Mr. David Broyles stated that he feels that his massage business would fall comfortably into the one vehicle category and instructional activity He would like to see this revised so he can operate inside the law. Commission Member Obermeyer stated that in our current ordinance, 95 reads that, "No activity shall indicate from the exterior of the structure, that the premises are being used for anything other than a dwelling unit." He continued by stating that he wishes that's what we could get to here. Not to limit, but to protect the residents who don't want to live next to a business. I r� PLANNING & ZONING COMMISSION PAGE 13 SEPTEMBER 24, 1998 Chairman Kelley stated that in order to accomplish this it will take further study Commission Member Obermeyer suggested this item be tabled for further study Staff can collect additional information. Other Business: Motion: Upon a motion by Commission Member Obermeyer and a second by Commission Member Haynes, the Commission voted 6 FOR and 0 OPPOSED, to Table the request on the Home Occupation Ordinance for further study. Agenda Item VII Ms. Diamond noted to Commissioners that a request for a cell tower has been submitted. She requested another meeting with the sub -committee of the Planning and Zoning Commission and the Telecommunications Board to get input from the industry, and to finalize the draft ordinance, prior to bringing the requested S.0 P for a cell tower before the Planning and Zoning Commission. Adjourn. Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member McGregor, the Commission voted 6 FOR and 0 OPPOSED to Adjourn the September 24, 1998 meeting at 11:35 p.m. These minutes approved this day of Noss Dllrr�uey .teff r[PIIry, Chapman 1998. �0 c Pamela Smith, Secretary