Min - City Council - 1981 - 10/19 - JointI
ALLEN CITY COUNCIL
ALLEN PLANNING & ZONING COMMISSION
JOINT PUBLIC HEARING AND CALLED - SPECIAL SESSION
OCTOBER 19. 1981
PRESENT:
City Council
Mickey Pierson, Mayor
Joe Farmer, Mayor Pro Tem
Jim McClure
H. R. Daugherty
Glenn Andrew
Richard Chumbley
Ward Paxton
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Bill Petty, Building Official
Planning & Zoning Commission
Jim Pendleton, Chairman
Carol Henry, Vice Chairman
Wayne Armand
Sarah Chumbley
Tom Inkman
Jim Wolfe
Absent:
Joe Moseley, Secretary
The Joint Public Hearing and Called - Special Session
of the Allen City Council and the Allen Planning and Zoning
Commission was called to order by Commissioner Pendleton at
7:35 p.m. on Monday, October 19, 1981, at Boyd Elementary
School, 900 Jupiter Road.
Commissioner Pendleton advised all present of the purpose
of the public hearing on the proposed Zoning Ordinance and Map,
Planned Development Districts No. 2, 3, 4, 5, 6, 7, and 8 Ordi-
nances, and the Sign Regulations Ordinance, and the procedures
by which the public hearing would be conducted.
MOTION: Upon a motion made by Commissioner Armand and seconded
by Commissioner Wolfe, the Commission voted 6 - 0 to
open the public hearing for the Planning and Zoning
Commission.
Commissioner Pendleton turned the meeting over to Mayor
Pierson. Mayor Pierson spoke briefly on the public hearing
procedures.
Mayor Pierson opened the public hearing for the City Council.
ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981 Page 2
City Manager Jon McCarty advised all present of the State
Laws which enable municipalities to establish zoning regulations
and read in part from Section 1011c of Vernon's Annotated Revised
Civil Statutes.
Mr. McCarty went on to briefly explain the adoption of the
existing zoning regulations and reviewed the public hearing
notification process.
Mr. McCarty advised that the City Staff recommendations were
that the Planning and Zoning Commission and the City Council
favorably consider the proposed ordinances.
Commissioner Pendleton proceeded with the public hearing
process and asked for interested parties to speak before the
Commission and the Council regarding the following zoning districts:
Residential Zoning:
Mr. Robert F. Burkart, owner of 20 acres of land in the
City of Allen located on Jupiter Road at Park Place,
spoke in regard to changing the proposed zoning on his
property from the zoning designation of R-32 and TH to
MF -1 and MF -2.
Commercial Zoning:
Fernando Rodriguez had requested to speak before the
Commission and Council, however, he had no comments
at this time.
Dale Burton, with Allen Rentals & Sales located at
203 E. Main Street, spoke before the Commission and
the Council in regard to changing the proposed zoning
of the property that he leases for his business from
Retail zoning to General Business zoning. Mr. Burton
presented a letter from the property owner, Claude
Whitaker, along with the signature of an adjoining
property owner, Chuck Mitchell, also requesting the
change in the zoning.
Mr. Don Brazeal, property owner on Main Street, spoke
in opposition to Mr. Burton's request to change the
proposed zoning from Retail to General Business.
Mr. Brazeal indicated he wanted the zoning to stay
Retail.
Industrial Zoning:
No one appeared at this time to speak either for or
against the proposed industrial zoned properties.
ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981 Page 3
Sign Regulations Ordinance:
No one appeared to speak either for or against the
Sign Regulations Ordinance at this time.
Commissioner Pendleton asked all other interested parties
to speak before the Council and the Commission on any of the
proposed zoning districts.
Tom Cate, property owner of 13 acres located on Jupiter
Road, spoke in regard to changing the proposed zoning
on his property from Light Commercial (LC) to Heavy
Commercial (HC) .
David Miller, with the Trammell Crow Company, spoke
in regard to changing a portion of the Sign Regulations
Ordinance regarding 200 sq. ft. signs in the Shopping Center
Districts to permit larger signs of at least 400 sq. ft.
Clark Fishel, 304 Keith Drive, spoke in regard to changing
the proposed zoning of property located on Jupiter Road
from single family zoning of R3 to multi -family.
Rick Alexander, 806 Cypress, spoke in favor of the proposed
Zoning Ordinance and Map and the placement of retail
shopping areas as they relate to the residential areas.
Del Morton had requested to speak but had no comments
to make at this time.
Fernando Rodriguez appeared before the Commission and the
Council asking information on the proposed rezoning of
his property from the existing Outdoor Commercial to the
General Business zoning designation.
With no further requests to speak, Commissioner Pendleton
closed the public hearing for the Planning and Zoning Commission.
Council Members requested that Mr. Burton, Mr. Burkart and
Mr. Fishel reappear before them and clarify some questions they
had on their proposed requests.
MOTION: With no further discussion, a motion was made by Councilman
Daugherty and seconded by Councilman McClure to close the
public hearing for the City Council. The Council voted
7 - 0 in favor of the motion.
The Planning and Zoning Commission discussed all of the requests
that had appeared before them regarding proposed changes to the
Zoning Ordinance and Map and the Sign Ordinance.
ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981
Page 4
Recommendations on Adoption of
the Proposed Zoning Ordinance
and Zoning Map (Agenda Item VIII -A)
MOTION: Upon a motion made by Commissioner Wolfe and seconded
by Commissioner Armand, the Commission voted 6 - 0 to
recommend approval to the City Council of the proposed
Zoning Ordinance and Zoning Map as presented.
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 2 (Agenda Item VIII -B)
MOTION: Upon a motion made by Commissioner Armand and seconded
by Commissioner Wolfe, the Commission voted 6 - 0 to
recommend approval to the City Council of the proposed
Planned Development Ordinance for District No. 2.
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 3 (Agenda Item VIII -C)
MOTION: Upon a motion made by Commissioner Armand and seconded
by Commissioner Wolfe, the Commission voted 6 - 0 to
recommend approval to the City Council of the proposed
Planned Development Ordinance for District No. 3.
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 4 (Agenda Item VIII -D)
MOTION: Upon a motion made by Commissioner Inkman and seconded
by Commissioner Chumbley, the Commission voted 6 - 0 to
recommend approval to the City Council of the proposed
Planned Development Ordinance for District No. 4.
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 5 (Agenda Item VIII -E)
MOTION: Upon a motion made by Commissioner Wolfe and seconded
by Commissioner Henry, the Commission voted 6 - 0 to
recommend approval to the City Council of the proposed
Planned Development Ordinance for District No. 5.
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 6 (Agenda Item VIII -F)
MOTION: Upon a motion made by Commissioner Armand and seconded
by Commissioner Henry, the Commission voted 6 - 0 to
recommend approval to the City Council of the proposed
Planned Development Ordinance for District No. 6.
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ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981 Page 5
a
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 7 (Agenda Item VIII -G)
MOTION: Upon a motion made by Commissioner Chumbley and seconded
by Commissioner Armand, the Commission voted 6 - 0 to
recommend to the City Council approval of the proposed
Planned Development Ordinance for District No. 7.
Recommendations on Adoption of
the Proposed Planned Development
Ordinance for District No. 8 (Agenda Item VIII -H)
MOTION: Upon a motion made by Commissioner Inkman and seconded
by Commissioner Henry, the Commission voted 6 - 0 to
recommend to the City Council approval of the proposed
Planned Development Ordinance for District No. 8.
Recommendations on Adoption of
the Proposed Sign Regulations
Ordinance (Agenda Item VIII -I)
MOTION: Upon a motion made by Commissioner Armand and seconded
by Commissioner Inkman, the Commission voted 6 - 0 to
recommend to the City Council approval of the proposed
Sign Regulations Ordinance.
Commissioner Pendleton read the recommendations made by the
Planning and Zoning Commission aloud to the Mayor and City Council.
Ordinance No. 366-10-81 -
Zoning Ordinance and Zoning Map (Agenda Item IX -A)
The City Secretary read the caption into the record as follows:
"Ordinance No. 366-10-81: An Ordinance Establishing and Providing
for Zoning Regulations Within the Corporate Limits of the
City of Allen, Texas; Establishing Use Districts in Accordance
with a Comprehensive Plan; Adopting an Official Zoning Dis-
tricts Map; Adopting Certain Schedules and Illustrations;
Providing Certain Special Provisions for Compliance; Containing
Certain Definitions; Regulating the Use of Buildings and Land,
and Their Height, Coverage, Sizes, Yards, and Open Spaces;
Specifying Standards for Vehicle Parking, Off -Street Loading,
Signs, Landscaping, Accessory Buildings, Home Occupations,
Fences and Walls, Minimum Access, and Performance; Defining
the Authority of the Zoning Administrator and the Planning
and Zoning Commission; Providing for Amendments; Creating a
Board of Adjustment and an Appeals Process; Providing for
Enforcement; Establishing a Schedule of Fees and Charges;
Providing a Penalty of Not More Than Two Hundred Dollars ($200.00)
for Each Violation Thereof; Providing a Validity Clause;
Repealing All Conflicting Ordinances; Declaring an Emergency;
and Providing an Effective Date."
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ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1961 Page 6
Ordinance No. 366-10-81
Zoning Ordinance and Zoning Map (continued) (Agenda Item IX -A)
MOTION: Upon a motion made by Councilman Andrew and seconded
by Councilman Chumbley, the Council voted 7 - 0 to
adopt Ordinance No. 366-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 367-10-81 -
Planned Development District No. 2 (Agenda Item IX -B)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 367-10-81: An Ordinance of the City
Council of the City of Allen, Collin County, Texas,
Repealing Ordinance No. 261 and Creating a Planned
Development for the Purpose of Controlling the
Development of Land In and Around the City of Allen,
Collin County, Texas; Providing for a Planned Devel-
opment District as Delineated by the Official Zoning
Map and Identified as P.D. No. 2; Providing for Zoning
According to Tracts Within the Planned Development Area;
Providing a Penalty for the Violation of This Ordinance;
Providing an Effective Date of This Ordinance; and
Providing for Publication of the Caption Hereof."
MOTION: Upon a motion made by Councilman McClure and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
adopt Ordinance No. 367-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 368-10-81 -
Planned Development District No. 3 (Agenda Item IX -C)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 368-10-81: An Ordinance Repealing Ordinance
No. 325 and Creating a Planned Development for the Purpose
of Controlling the Development of Land In and Around the
City of Allen, Collin County, Texas; Providing for Uses
as Prescribed in the Shopping Center, Light Industrial,
and Multi -Family I Districts of the Comprehensive Zoning
Ordinance on the Tract of Land Bounded on the East by
State Highway 5, Bounded on the West by Southern Pacific
Railroad, Bounded on the South by Bethany Road, and
Bounded on the North by an Existing R-3 Residential Zoning
District; Establishing Development Standards for Planned
Development Zoning Districts; Withholding Certain Building
Permits; Providing a Saving Clause; Providing Injunctive
Relief; Providing a Penalty of Fine Not to Exceed the Sum
of Two Hundred Dollars ($200.00); and Providing an Effective
Date."
ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981 Page 7
Ordinance No. 368-10-81 -
Planned Development District No. 3
(continued) (Agenda Item IX -C)
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman Chumbley, the Council voted 7 - 0 to
adopt Ordinance No. 368-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 369-10-81 -
Planned Development District No. 4 (Agenda Item IX -D)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 369-10-81: An Ordinance Creating a Planned
Development for the Purpose of Controlling the Development
of Land In and Around the City of Allen, Collin County,
Texas; Providing for a Planned Development District as
Delineated by the Official Zoning Map and Identified as
PD -"SC" No. "4"; Providing for Uses As Prescribed in the
"Shopping Center (SC)" District of the Comprehensive
Zoning Ordinance; Providing Requirements for Site Plan
Approval; Providing a Penalty for the Violation of This
Ordinance; Providing an Effective Date of This Ordinance;
and Providing for Publication of the Caption Hereof."
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
adopt Ordinance No. 369-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 370-10-81 -
Planned Development District No. 5 (Agenda Item IX -E)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 370-10-81: An Ordinance Creating a Planned
Development for the Purpose of Controlling the Development
of Land In and Around the City of Allen, Collin County,
Texas; Providing for a Planned Development District as
Delineated by the Official Zoning Map and Identified as
PD -"SC" NO. "5"; Providing for Uses as Prescribed in the
"Shopping Center (SC)" District of the Comprehensive
Zoning Ordinance; Providing Requirements for Site Plan
Approval; Providing a Penalty for the Violation of This
Ordinance; Providing an Effective Date of This Ordinance;
and Providing for Publication of the Caption Hereof."
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ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981
Page 8
Ordinance No. 370-10-81 -
Planned Development District No. 5 (cont'd) (Agenda Item IX -E)
MOTION: Upon a motion made by Councilman Chumbley and seconded
by Councilman McClure, the Council voted 7 - 0 to
adopt Ordinance No. 370-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 371-10-81 -
Planned Development District No. 6 (Agenda Item IX -F)
The City Secretary read the caption into the record as
follows:
Ordinance No. 371-10-81: An Ordinance Creating a Planned
Development for the Purpose of Controlling the Development
of Land In and Around the City of Allen, Collin County,
Texas; Providing for a Planned Development District as
Delineated by the official Zoning Map and Identified as
PD -"SC" NO. "6"; Providing for Uses as Prescribed in the
"Shopping Center (SC)" District of the Comprehensive Zoning
Ordinance; Providing Requirements for Site Plan Approval;
Providing a Penalty for the Violation of This Ordinance;
Providing an Effective Date of This Ordinance; and Providing
for Publication of the Caption Hereof."
MOTION: Upon a motion made by Councilman Chumbley and seconded
by Councilman Andrew, the Council voted 7 - 0 to
adopt Ordinance No. 371-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 372-10-81 -
Planned Development District No. 7 (Agenda Item IX -G)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 372-10-81: An Ordinance Creating a Planned
Development for the Purpose of Controlling the Development
of Land In and Around the City of Allen, Collin County,
Texas; Providing for a Planned Development District as
Delineated by the Official Zoning Map and Identified as
PD-"TH" NO. "7"; Providing for uses as Prescribed in the
"Townhouse (TH)" District of the Comprehensive Zoning
Ordinance; Providing Requirements for Site Plan Approval;
Providing a Penalty for the Violation of This Ordinance;
Providing an Effective Date of This Ordinance; and Pro-
viding for Publication of the Caption Hereof."
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ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981
Ordinance No. 372-10-81 -
Planned Development District No. 7 (cont'd)
Page 9
(Agenda Item IX -G)
MOTION: Upon a motion made by Mayor Pro Tem Farmer and seconded
by Councilman Daugherty, the Council voted 7 - 0 to
adopt Ordinance No. 372-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 373-10-81 -
Planned Development District No. 8 (Agenda Item IX -H)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 373-10-81: An Ordinance Creating a Planned
Development for the Purpose of Controlling the Development
of Land In and Around the City of Allen, Collin County,
Texas; Providing for a Planned Development District as
Delineated by the Official Zoning Map and Identified as
PD -"GB" NO. "8"; Providing for Uses as Prescribed in the
"General Business (GB)"District of the Comprehensive
Zoning Ordinance; Providing Requirements for Site Plan
Approval; Providing a Penalty for the Violation of This
Ordinance; Providing an Effective Date of This Ordinance;
and Providing for Publication of the Caption Hereof."
MOTION: Upon a motion made by Councilman Chumbley and seconded
by Councilman McClure, the Council voted 7 - 0 to
adopt Ordinance No. 373-10-81 in accordance with the
recommendation of the Planning and Zoning Commission.
Ordinance No. 374-10-81 -
Sign Regulations Ordinance
(Agenda Item IX -I)
The City Secretary read the caption into the record as
follows:
"Ordinance No. 374-10-81: An Ordinance of the City Council
of the City of Allen, Collin County, Texas, Regulating the
Erection, Construction, Repair, Placement, Height, Area,
and Maintenance of Signs in the City of Allen, Providing
for the Issuance of Permits and Collection of Fees Therefor;
Providing for the Establishment of the Sign Board; Pro-
viding for Application for Variance or Appeal; Providing
for Notification of Variance or Appeal; Providing for
Inspection; Providing for the Responsibility for Violations;
Providing a Penalty for the Violation of This Ordinance;
Providing a Validity Clause; Providing an Effective Date
of This Ordinance; and Providing for Publication of the
Caption Hereof."
PIN
ALLEN CITY COUNCIL & ALLEN
PLANNING & ZONING COMMISSION
October 19, 1981 Page 10
Ordinance No. 374-10-81 -
Sign Regulations Ordinance (cont'd) (Agenda Item IX -H)
MOTION: Upon a motion made by Councilman Andrew and seconded by
Councilman Chumbley, the Council voted 7 - 0 to adopt
Ordinance No. 374-10-81 in accordance with the recom-
mendation of the Planning and Zoning Commission.
MOTION: Upon a motion made by Commissioner Henry and seconded
by Commissioner Wolfe, the Commission voted 6 - 0 to
adjourn the Called - Special Session at 9:08 p.m.
MOTION: Upon a motion made by Councilman Daugherty and seconded
by Councilman McClure, the Council voted 7 - 0 to
adjourn the Called - Special Session at 9:08 p.m.
These minutes approved by the Allen City Council on the
5th day of November , 1981.
i
Pierson, MAYOR
Marty Hendrix, ty SECRETARY
These minutes approved by the Allen Planning and Zoning
Commission on the 12th day of November 1981.
Jim ndleton, Chairman
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