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Min - City Council - 1987 - 07/07 - WorkshopALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Present: Donald P. Rodenbaugh, Mayor Council Members: Jerry Wilson Bobby Glass Jim Wolfe Jim Pendleton Absent: Joe Farmer, Mayor Pro Tem Jack Pennington City Staff: Jon McCarty, City Manager Marty Hendrix, City Secretary Bill Petty, Director of Community Development Tom Keener, Development Coordinator The called - special workshop session of the Allen City Council was called to order by Mayor Rodenbaugh on Tuesday, July 7, 1987, at 7:11 p.m., in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Prior to the discussion on the schedule of uses for the comprehensive zoning ordinance, City Manager Jon McCarty advised the Council of recent issues regarding the City of Allen's request for Extended Area Service. Mr. McCarty stated that he had received information from the city's attorneys in Austin regarding the status of the city's EAS case before the Administrative Law Judge. The attorneys had advised that the judge had not made a determination in the subject case and a decision would not be forthcoming until the end of the summer. The Council discussed with city staff what this delay would do to the timeframe on the request, and how long this would put off the decision before the Public Utility Commission and the vote before the citizens. In further discussion, Mr. McCarty advised the Council that the attorneys stated that there was nothing that the city could do at this time to speed up the process and that there should be no contact made with the administrative law judge. The Council discussed their concern over this delay. This item was received as a matter of information. Prior to the discussion, Mayor Rodenbaugh advised that some guidelines needed to be established in order to effectively complete the review of the schedule of uses in an efficient manner. He sug- gested that the old districts be reviewed one at a time and all of the uses reviewed before moving to the next district. The Council should avoid jumping across the page from one district to another. Councilman Wilson also recommended that the Council not begin the discussion of economic development if the meeting is running late. Review Planning & Zoning Commission Recommendations on the Schedule of Uses in the Comprehensive Zoning Ordinance (Agenda Item II) There was discussion by the City Council on the multi -family zoning district and the fact that fraternity houses were previously allowed by right but that they were only allowed now by a specific use permit. ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 17, 1987 Page 2 Review Planning & Zoning Commission Recommendations of the Schedule of Uses in the Comprehensive Zoning Ordinance (cont'd) (Agenda Item II) The city staff advised the Council that the Agriculture - Open Space district, all of the R-2, R-3, R-9, and R-5 Single Family Residential districts, Duplex Residential, Townhouse Residential, MF -1, MF -2, MF -3 Multi -Family Residential districts, and Mobile Home Park district had not been changed and there was no need for the Council to review those districts. It was pointed out that the only change in the multi -family district was that the use "Fraternity or Sorority Houses" was changed from a use by right to a specific use permit. The Council began their discussion on the "Office" district. There was a brief discussion on allowing the use of "museum, library, art gallery (public)" in an office district, allowing "drug store or pharmacy" as a primary use in the office district and the reasoning behind it, and what decision had been made previously regarding "helistop" or "heliport" in the office district. With no further discussion, it was concluded by the City Council that the office district be approved as presented. The City Council then discussed the "Local Retail" district. The Council discussed with city staff the definition of "Parking Lot or Structure (Commercial)" in comparison to "Public Garage"; that the "local retail" district was a confusing district in that some of the uses that were allowed previously were not allowed now and uses that were previously not allowed were allowed by right now; what the thinking of the Planning and Zoning Commission had been on this district and how the uses for the district had been determined. City staff advised that consideration was given to the thoughts of "everyday needs" versus "long term needs". The local retail district was to provide area residents with the "everyday needs" of the community. The Council discussed that some of the proposed uses for that dis- trict were contradictory to the use of "everyday needs". There was further discussion on the "local retail" district and the uses that should be permitted in that district. It was concluded by the Council that they would go through each page of the uses and determine the uses they thought would be appropriate in the local retail district. The Council discussed why "Museum, Library, Art Gallery (Public)" was an allowed use in local retail, and city staff stated that the Planning and Zoning Commission had been concerned about a library being a permitted use in a local retail area; why "tires, batteries, & accessories" was an allowed use in a local retail district, and making the following changes to page 18: 1. Allowing "Antique Shop (No Outside Storage or Display)" by specific use permit in local retail. 2. Allowing "Apparel and Accessory Stores" as a use by right in local retail. Allowing "Art Supplies" as a use by right in local retail. ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Page 3 Review Planning & Zoning Commission Recommendations on the Schedule of Uses in the Comprehensive Zoning Ordinance (cont'd) (Agenda Item II) On page 19, the Council changed "Book, Card or Novelty Shops" as an allowed use by right. On page 20, the Council discussed the use of "Food Stores, Groceries" being allowed in the local retail district and the fact that it could mean that a large grocery store chain could be built in a local retail district. It was concluded by the Council that this use should be removed from the local retail district and that the use description should be changed from "Food Stores, Groceries" to "Food Stores (5,000 square feet and above)." On page 21, the Council discussed allowing the "Household Appliance Sales" in local retail and it was determined that it should not be allowed due to the large truck traffic to the store. The Council then discussed why "Paint and Related Sales" was originally allowed by a specific use permit and the use had been changed to allowed by right. After the discussion, the Council concluded that "Paint and Related Sales" should not be allowed at all in local retail. There was further discussion on the use of "Amusement, Commercial (Indoor)" being allowed in the local retail district for uses such as video arcades, however, it was felt this was not an appropriate district for that use. The Council also discussed the fact that an "office building" was allowed in the local retail district. City staff pointed out however that there were various restrictions on the size of the office building in a local retail district. With no further discussion, it was concluded that the office district be approved with the changes as referenced above. The Council then discussed with city staff the definition of an "outside run" and the definition of a "kennel" and if a kennel as an accessory use would have to be enclosed. The City Council moved on to review and discuss the "Shopping Center" district. On page 16, it was pointed out that "Auto Laundry" should be allowed by a specific use permit in the shopping center district. On page 10, there was considerable discussion by the Council on the use of "Driving Range or Miniature Golf" and that use being allowed in the shopping center district. it was concluded by the Council that the use should be divided into two separate categories of "Driving Range" and "Miniature Golf". The "Driving Range" use should not be permitted in the shopping center district, but the "Miniature Golf" use should be allowed by a specific use permit. On page 12, the Council discussed the fact that "Theatre (Indoor)" was now allowed by right when previously it had only been allowed by a specific use permit. City staff advised the Council that the use had been changed due to the fact that parking requirements in a shopping center district would provide adequate parking for a theatre. ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Page 4 Review Planning & Zoning Commission Recommendations on the Schedule of Uses in the Comprehensive Zoning Ordinance (cont'd) (Agenda Item II), The Council discussed on page 17 the definition of "Garage, Public" and the definition of "Parking Lot or Structure (Commercial)" and that they were allowed by right in the Shopping Center district. The Council then discussed the use of "Auto Glass, Muffler, or Brake Shop" and the fact that it is allowed by specific use permit in the shopping center district. There was considerable discussion on this use being allowed in a shopping center district and the appearance of that type of use and the fact that the specific use permit can be used to regulate that type of use in that district. There were no changes to those uses in that district. The Council discussed the use of "Greenhouse or Plant Nursery" as listed on page 20 and the fact that outside storage would be allowed in this use and that previously this use was allowed by specific use permit in the shopping center district and it had now been changed to a use by right. There was considerable discussion on the problem of outside storage and the need for the specific use permit on this use in order to regulate that storage and the appearance of the storage. It was concluded that the use be changed from a use by right to a specific use permit in the shopping center district. After further review of the shopping center district by the Council, it was concluded that the district be approved with the changes as noted previously. Mayor Rodenbaugh recessed the called - special workshop session at 8:58 p.m. The meeting was reconvened at 9:05 p.m. The Council began their discussion on the General Business district. In their review of the schedule of uses for that district, it was pointed out that the use of "Golf Course (Public)" had been added as a use under the general business district and why that had been proposed. It was concluded by the Council that that use should be eliminated from the general business districton page 10. The Council then reviewed the use of "Golf Course (Commercial)" and after a brief discussion concluded that this use also should be eliminated from the shopping center district, the general industrial and heavy industrial districts. This use should only be permitted in the planned development district and the community facility district. These changes were made on page 11. The Council reviewed the use of "Pet Store or Kennel (No Outside Runs)." as listed on page 26 and how that use compared to the use listed on page 21 which read "Pet Stores (No Outside Runs)." The Council also discussed the fact that these uses were not listed in the same districts and the reasoning behind the difference in the uses and their allowable districts. On page 28, the Council discussed the use of "Sign Shop (With Outside Storage)" and the fact that it was not permitted in the general business district but had been allowed in the light industrial district as a use by right. The Council then discussed the use of "Sign Shop (No Outside Storage)" and the fact that it was not allowed in the light industrial district. After further discussion, it was concluded by the Council that the use of "Sign Shop (With Outside Storage)" be taken out of the light industrial district as a use by right and not be allowed,and that the use of "Sign Shop (No Outside Storage)" be allowed as a use by right in the light industrial district. ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Page 5 Review Planning & Zoning Commission Recommendations on the Schedule of Uses in the Comprehensive Zoning Ordinance (cont'd) (Agenda Item II) On page 33, the Council discussed the definition of the use "Food Processing" and the districts where it was a permitted use. There was considerable discussion on the "food processing" businesses that were just ordinary sandwich shops in comparison to the facilities where food was actually manufactured. After the discussion, it was concluded by the Council and city staff that "food processing" should be divided into two definitions, i.e., "Food Processing (Light)" and "Food Processing (Heavy)". City staff was to develop the appropriate definition for each of these uses. It was concluded by the Council that "Food Processing (Light)" should be an allowed use by right in light commercial and general business districts. The "Food Processing (Heavy)" should only be allowed by right in the industrial districts. With no further discussion on the general business district, it was concluded by the Council that this district be approved with the changes as stated previously. At this time, Mayor Rodenbaugh recessed the called - special workshop session of the Allen City Council at 9:35 p.m. The meeting was reconvened at 9:58 p.m. The Council then began their review of the "Light Industrial" district. There was considerable discussion on the accessory uses that were proposed to be allowed by right in this district and the reasoning behind those changes. In further review of the district, there were also many other uses that were now allowed by right in that district which previously were not allowed. In discussion on this district, the Council pointed out that the allowable uses in this district really opened up this district to any and all uses in order to try and correct some zoning problems. It was pointed out that the districts as they were originally proposed should not be sacrificed in order to correct some zoning problems. The zoning issues should be dealt with directly. On page 15, the Council discussed the use of "Trailer, Light Truck Rental" in the light industrial district and concluded that this use by right should be removed from the light industrial district and placed in the Central Business District by a specific use permit. On page 16, the Council discussed the use of "Auto Display & Sales" and if it was an appropriate use under light industrial by a specific use permit. After discussion, it was concluded that it would be an appropriate use. On page 19, the Council discussed the uses of "Clinic, Doctor or Dentist Office" and "Drug Store or Pharmacy" being allowed in the light industrial district as a use by right. After further discussion, it was concluded by the Council that those uses should be eliminated from the light industrial district and not be allowed at all. On page 23, the Council had lengthy discussion on the use of "Bakeries (Wholesale)" in the light industrial district, where the wholesale bakeries were located in the Dallas area, that business not being compatible to other uses in the light industrial district, the districts that were compatible to that use and placing that use in the light industrial district with a specific use permit. After the discussion, a straw vote was taken and it was concluded that "Bakeries (Wholesale)" would be an allowable use in that district by a specific use permit. is 2 ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Page 6 Review Planning & Zoning Commission Recommendations on the Schedule of Uses in the Comprehensive Zoning Ordinance (cont'd) (Agenda Item II) On page 24, the Council discussed the use of "Carpentry, Painting Shop" and that use being an allowed use by right in the light industrial district. After discussion, it was con- cluded by the Council that that use should only be allowed by a specific use permit. The Council also discussed and determined that the use of "Creamery, Dairy Products" should not be an allowed use by right in the light industrial district but should be only by a specific use permit. The Council then discussed the use of "Exterminator" in the light industrial district, the definition of exterminator and if Chemlawn fell under that definition, and the fact that this use should also be in the Central Business District. The Council then discussed if the Planning and Zoning Commission had given any consideration to the opening up of the Central Business District for more allowable uses in that district. City staff discussed with the Council the fact that the Commission was concerned with the truck traffic in the Central Business District and that they wanted to keep as much of it as possible out of that district. There was considerable discussion on various uses allowed in Plano and how those uses were determined and regulated. After the discussion, it was concluded by the Council that the use of "Exterminator" should be allowed in the light industrial district by a specific use permit and should also be allowed in the Central Business District by a specific use permit. On page 26, the Council discussed the use of "Plumbing Shop" in the light industrial district, the definition of a plumbing shop and examples of that type of business which presently exists in the city, the need to eliminate this use having retail sales, changing the use title to "Plumbing Contractor" in order to eliminate the retail sales, the need to place a statement in the district description for light industrial that stated "no outside storage" and just what the definition of "outside storage" was and if the storage is screened was it still considered "outside storage". After lengthy discussion on this matter, it was concluded that the wording in the ordinance now was sufficient to regulate the "outside storage" issue. The only change on page 26 was the change in the use from "Plumbing Shop" to "Plumbing Contractor". The Council moved on to review page 31 and the use of "Bottling Works" being allowed in the light industrial district. After discussion, it was concluded that this use should be allowed in the light industrial district with a specific use permit. On page 34, the Council discussed the use of "Machine Shop or Welding" and concluded that this use should not be allowed in the light industrial district, therefore, the proposed use by right was taken out of that district. With no further discussion on the light industrial district, it was concluded by the Council that this district be approved with the changes as noted previously. rt'a� ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Page 7 Review Planning & Zoning Commission Recommendations on the Schedule of Uses in the Comprehensive Zoning Ordinance (cont'd) (Agenda Item II) The Council then reviewed the General Industrial district and decided to also review the Heavy Industrial district. The Council discussed with city staff the definition of these two districts and they then reviewed the uses proposed for each district. On page 31, the Council discussed why the use of "Stable, Private" and the use of "Stable, Private Club" were allowed uses by right in the General Industrial and Heavy Industrial districts. After the discussion, it was concluded by the Council that those uses would be eliminated from the GI and HI districts. With no further discussion on the General Industrial and Heavy Industrial districts, it was concluded by the Council that those districts should be approved with the changes as noted previously. The Council moved on to the review of the Community Facilities and the Central Business Districts. On page 10, the Council dis- cussed why the use of "Country Club" had been taken out of the Central Business District as an allowable use. After further discussion, the Council concluded that the use should be allowed as a use by right in the Central Business District. On page 28, there was considerable discussion by the Council on the use of "Trailer, Light Truck, Tool Rental" and the fact that the use definition should be divided up to produce two uses, one being the "Light Truck Rental" and one for "Tool Rental". In further discussion, it was concluded by the Council that there would be three uses, "Light Truck Rental", "Tool Rental", and "Small or Light Tool Rental". The "Light Truck Rental" use would be in the districts of LC, GB, and PD, the "Tool Rental" would be allowed in LC, GB, PD, and CBD, and the "Small or Light Tool Rental" would only be allowed in the Shopping Center district. There was discussion on pages 16 and 25 and the fact that the use of "Garage, Auto Repair" was shown on one page as an allowed use by right in the light commercial district and on another page as a use requiring a specific use permit. It was concluded by the Council that it should be consistent and should be an allowed use by right in that district. With no further discussion on the schedule of uses, it was concluded that the Community Facilities district and the Central Business District be approved with the changes as noted previously. Discuss Economic Development (Agenda Item III) This item was passed over at this time. Items of Interest to the Council (Agenda Item IV) There were no items of interest to discuss at this time. Lo This item was passed over. ic4 ALLEN CITY COUNCIL CALLED - SPECIAL WORKSHOP SESSION JULY 7, 1987 Page 8 Adjournment (Agenda Item V) Mayor P.odenbaugh adjourned the called - special session of the Allen City Council at 11:34 p.m. on Tuesday, July 7, 1987. These minutes approved on the 6th day of AUGUST 11PNIF l APPROVED: ATTEST_: Marty Hendrix, ISMC, CITY SECRETARY