Min - City Council - 1987 - 11/11 - JointALLEN CITY COUNCIL
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CALLED - SPECIAL JOINT MEETING
NOVEMBER 11, 1987
f Present:
Allen City Council:
Donald P. Rodenbaugh, Mayor
Joe Farmer, Mayor Pro Tem
Jerry Wilson
Bobby Glass
Jim Wolfe
Jim Pendleton
Jack Pennington
Allen Planning & Zoning Commission:
Ken Browning, Chairman
Wayne Armand, Vice Chairman
Eileen Karlsruher, Secretary
Charles Lee
Carolyn Latimer
John Garcia
Absent:
Dan Contreras
City Staff:
Jon McCarty, City Manager
Marty Hendrix, City Secretary
Bill Petty, Director of Community Development
The called - special joint meeting of the Allen Planning and
Zoning Commission was called to order by Chairman Browning at
7:30 p.m. on Wednesday, November 11, 1987, in the Council
Chambers of the Allen Municipal Annex, One Butler Circle, Allen,
Texas.
The called - special joint meeting of the Allen City Council
was called to order by Mayor Rodenbaugh at 7:30 p.m. on Wednes-
day, November 11, 1987, in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
Presentation of the Proposed
Zoning Changes (Agenda Item II)
Bill Petty, Director of Community Development, spoke before
the Council and the Planning and Zoning Commission on the
proposed changes to the city's comprehensive zoning ordinance.
Mr. Petty distributed to the Council and the Planning and
�r Zoning Commission a list of the items that had been changed in
the zoning ordinance and reviewed that list with the Council and
the Commission. Based upon questions posed by the Council at a
previous Council meeting, city staff had also made some addition-
al changes and Mr. Petty distributed copies of those proposed
changes to the Council and the Commission. Mr. Petty reviewed
the changes made to page 20, page 119, and page 110 of the
proposed ordinance. Mr. Petty advised of research done in state
law as to the requirements on providing for written protest
against proposed zoning changes signed by the owners of 20% or
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ALLEN CITY COUNCIL/
ALLEN PLANNING AND ZONING COMMISSION
CALLED - SPECIAL JOINT SESSION
NOVEMBER 11. 1987
Page 2
Presentation of the Proposed
Zoning Changes (cont'd) (Agenda Item II)
more of adjacent property and advised how this is calculated. He
then reviewed the requirement of a vote of three-fourths of the
CIV Council to over turn a negative recommendation of the Planning
and Zoning Commission. He then advised of the examples of
illegal uses in home occupations listed on page 110 of the
document, specifically in the area of home child care. He
pointed out that the zoning ordinance was being brought into
compliance with the city's Environmental Health Ordinance No.
738-9-86, which only allows four children in a home.
Mr. Petty then reviewed the history of the home occupation
of child care from events that occurred in 1979, and the
requirements of the city's zoning ordinance at that time and the
interpretation of the city attorney on that matter at that time.
Mr. Petty then advised of the adoption of the city's health
ordinance and the stipulation on the number of children that can
be kept in a home and how the city's proposed zoning ordinance is
being brought up-to-date with the city's health ordinance. Mr.
Petty also advised of the number of children that are allowed to
be kept in a home child care facility under state law. Mr.
Petty advised that the city only inspected the facilities if
there was complaint registered city on a particular person who
does home child care. Mr. Petty explained further that the
number of children maintain in a home day care facility was
determined by the health ordinance and not the zoning ordinance.
I£ individuals wanted this number to be changed, then the health
ordinance would have to be amended. This action would be handled
by the City Council and the Planning and Zoning Commission would
not be involved.
Open Public Hearing -
Planning and Zoning Commission (Agenda Item III -A)
Chairman Ken Browning opened the public hearing for the
Planning and Zoning Commission and explained again the issue
before the Council and the Planning and Zoning Commission was the
changes to the proposed zoning ordinance.
Open Public Hearing -
City Council (Agenda Item III -B)
Mayor Rodenbaugh opened the public hearing for the City
Council and requested that individuals who wish to speak needed
to step up to the podium and identify themselves by name and
address.
Public Input (Agenda Item IV)
The following individuals spoke before the Planning and
Zoning Commission and the City Council on the proposed changes to
r the city's comprehensive zoning ordinance and that document as it
relates to the home occupation for child care facilities:
Gay Nuspel, 708 Willowbrook Drive, Allen, Texas, spoke
before the Council and Commission on the home occupa-
tion of child care facilities and the number of
children that can be kept in the home at one time and
her request that the City Council not take any further
action on the proposed zoning ordinance until a
committee of the citizens and the Council can meet to
discuss this situation and amend the environmental
health ordinance.
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CALLED - SPECIAL JOINT SESSION
NOVEMBER 11, 1987
Page 3
Public Input (cont'd) (Agenda Item IV)
Barbara Dobson, 208 Glenwick Place, Allen, Texas, spoke
before the Council and Commission on litigation that
was brought against her in 1979 by the city regarding
her violation of the home occupation of child care
under the city's zoning ordinance at that time and the
city not using her situation as a precedent for the
current ordinance.
At this time, City Manager Jon McCarty provided to the
audience background information on the case referred to by Mrs.
Dobson.
Ted Foreman, 812 Willowbrook, Allen, Texas, spoke
before the Council and Commission on the need for the
city's ordinance to agree with state regulations for
home child care facilities and that the new ordinance
is too restrictive for home occupations. The ordinance
should not be changed regarding the home occupations.
Evelyn Leggett, 516 Northridge, Allen, Texas, spoke
before the Council and Commission in favor of commer-
cial day care facilities and is not opposed to the home
day care facilities.
Brad Ewing, 817 Sycamore Creek, Allen, Texas, spoke
before the Council and Commission on the section of the
new proposed ordinance that restricts the storing of
materials in a garage as part of the home occupation
ordinance. He wants the ordinance to stay the way it
is at the present time regarding this matter.
At this time, Bill Petty, Director of Community Development,
spoke in regards to the list of illegal uses as listed under home
occupation and the section regarding the storage of materials in
garages as proposed in the ordinance in order to clarify some
areas that are being questioned.
Carolyn Shelton, 602 Sandycreek, Allen, Texas, spoke
before the Council and Commission on her preference for
home day care facilities in Allen.
Kathy Chenoweth, 559 Northridge, Allen, Texas, spoke
before the Council and Commission on her preference for
home day care facilities in Allen and the need to allow
the number as provided for in state law.
At this time, Chairman Browning requested that individuals
with differing view points be allowed to speak. He pointed out
that this was turning into an argument between commercial day
care providers and home day care facilities and those topics were
not the issue before the Council and the Commission at this
meeting.
Margo Ferguson, 1310 Gardenia Drive, Allen, Texas,
spoke before the Council and Commission on the contents
of the provisions of state law that regulates home day
care facilities and she read from that document. She
pointed out that she felt the state was more qualified
to set the number of children for home care facilities
than an interpretation of the city attorney.
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ALLEN CITY COUNCIL/
ALLEN PLANNING AND ZONING COMMISSION
CALLED - SPECIAL JOINT SESSION
NOVEMBER 11, 1987
Page 4
Public Input (cont'd) (Agenda Item IV)
Robin Lassiter, 1500 S. Jupiter Road, Allen, Texas,
spoke before the Council and the Commission on her
preference that home day care facilities be allowed to
maintain the number of children as allowed by state
law.
Paula Beber, 702 Juniper Drive, Allen, Texas, spoke
before the Council and the Commission on home day care
facilities and the need to be able to keep six children
as provided by state law.
At this time, Chairman Ken Browning clarified again to those
present that the situation regarding the number of children that
can be kept in the home occupation of child care was specified in
the city's health ordinance and not in the zoning ordinance.
This public hearing pertains to the new proposed zoning
ordinance.
Gay Nuspel spoke again before the Council and the
Commission on the city health ordinance, contact with
city officials regarding this ordinance and their
comments, and the city's method of advertising of
public notices in the newspaper and notification of
public meetings.
Bill Petty, Director of Community Development, spoke before
those present on the state requirements for publishing legal
notices and how they are handled by the city.
Chairman Browning again pointed out that the issue before
the Commission and the Council was not the environmental health
ordinance, but the new proposed zoning ordinance.
An unidentified lady asked how the environmental health
ordinance could be amended and there was discussion on that
process. Mayor Rodenbaugh advised that the Council was taking
notes on the people speaking at the public hearing on this matter
and direction could be given to city staff to bring that item
forward if the Council so desired.
Frank Meininger, 1311 Crestview, spoke before the
Council and the Commission regarding the fact that if
the new zoning ordinance is adopted at this meeting,
then the people who conduct home day care facilities
could be in violation of two ordinances.
Ellen Margheim, 539 Cumberland, spoke before the
Council and the Commission on how small cities do their
notification in newspaper for public hearings and she
had seen this in other communities. She also advised
that she saw the need for consistency in the city's
zoning ordinance as it related to the city's health
ordinance and as they both need to relate to the state
law in this matter.
Chairman Ken Browning spoke to those present that the
changes in the zoning ordinance do have some positive effects on
other things in the city and there was a definite need to proceed
with it.
ALLEN CITY COUNCIL/
ALLEN PLANNING AND ZONING COMMISSION
CALLED - SPECIAL JOINT SESSION
NOVEMBER 11, 1987 Page 5
Public Input (cont'd) (Agenda Item IV)
Stan Womack, 1005 Meadowcreek Drive, Allen, Texas,
spoke before the Council and the Commission on the
health ordinance and zoning ordinance and how they
pertain to a "registered home" and the effective
enforcement of these ordinances when they are only done
on a complaint basis.
Ann Morris, 747 Leading Lane Circle, Allen, Texas,
spoke before the Council and the Commission on her
registration with the state as a home day care facility
and the trouble she went to do to this.
Beth Clay, 707 Willowbrook, Allen, Texas, spoke before
the Council and the Commission about the problems she
has in her neighborhood with unsupervised children
roaming around after school and creating problems. She
also posed questions about the format of the zoning
ordinance, and indicated a preference to raise the
number of children to state law requirements.
Wanda Lawrence, 885 Harvest Glen, Plano, Texas, owner
of day care centers in Allen located at 208 Allen
Heights Drive, 505 Ridgemont and 548 Bethany Drive,
spoke before the Council and the Commission on the
compliance that the city places on her and her
facilities and the need for the home day care
facilities to have to register with the state and come
into compliance and meet regulations placed on them.
Mary Meininger, 1311 Crestview, spoke before the
Council and the Commission about home day care
facilities and the need for them and the need to be
able to keep six children as allowed by the state
regulations.
Marian Schaefer, 305 Ellis Drive, spoke before the
Council and the Commission about what is best for
everyone present.
Judy Rihn, 909 Rush Creek, Allen, Texas, spoke before
the Council on home day care individuals forming some
type of home day care association to work on getting
all day care facilities registered.
Chris Womack, 1005 Meadowcreek Drive, spoke before the
Council and the Commission on the need to consider the
working parents and what they want and need.
Bill Petty, Director of Community Development, spoke before
the Council and the Commission on what it would take to amend the
city's environmental health ordinance, how long it would take for
staff to prepare for that item, and when that action could take
place. There was further discussion among people in the audience
on how the issue of changing the health ordinance could be put
before the Council for amendment.
City Manager Jon McCarty advised all individuals present
that the Council could not discuss any of the statements proposed
or consider directing city staff to bring forth changes to the
city's environmental health ordinance until the public hearing
was over.
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ALLEN CITY COUNCIL/
ALLEN PLANNING AND ZONING COMMISSION
CALLED - SPECIAL JOINT SESSION
NOVEMBER 11, 1987 Page 6
Public Input (cont'd) (Agenda Item IV)
Clyde Richards, an associate of Wanda Lawrence, spoke
before the Council on the need to require inspections
to be done on all day care facilities, whether they be
home day care facilities or commercial day care
facilities.
Close Public Hearing -
Planning and Zoning Commission (Agenda Item V-A)
With no one else wishing to speak either for or against the
proposed zoning ordinance, Chairman Browning closed the public
hearing for the Planning and Zoning Commission.
Close Public Hearing -
city Council (Agenda Item V -B)
With no one else wishing to speak either for or against the
proposed zoning ordinance, Mayor Rodenbaugh closed the public
hearing for the City Council.
There was discussion by the Council that the contents of the
entire proposed zoning ordinance has to be considered as there
are other aspects involved that effect other matters that are
also important, not just the issue on the day care facilities.
There was further discussion on the ratio of children that can be
kept in the city's current environmental health ordinance as
compared to state law requirements. There was further discussion
on a clarification of what the people who operate the home day
care facilities wanted changed in the environmental health
ordinance as to the number of children.
After the discussion, there was a straw poll taken of the
Council members by Mayor Rodenbaugh regarding directing the city
staff to review and bring forward a recommendation for changes to
be made in the city's environmental health ordinance regarding
home day care facilities. The vote was seven (7) for and none
(0) opposed.
After further discussion on notification to the people at
this meeting on the changes to be made to the environmental
health ordinance and the need to meet with representatives on
this matter, City Manager Jon McCarty suggested that a few
members from each side of the issue be appointed to provide input
to city staff on the changes that they wanted to see in the
city's environmental health ordinance as it relates to home day
care facilities.
City Manager Jon McCarty advised those present of the city
position in adopting the minimum standards of the state's
requirements for home day care facilities and pointed out the
city's position in review of the health ordinance as it pertains
to enforcement and the double jeopardy issue.
At this time Mayor Rodenbaugh recessed the called - special
joint meeting of the Allen City Council and the Allen Planning
and Zoning Commission at 9:27 p.m. The meeting was reconvened at
9:38 p.m.
There was further discussion about the revisions made by
city staff as presented by Mr. Petty, and the position of the
Council and the Commission in this process and if everyone was in
agreement on the document and the changes that had been made to
the document during the process.
ALLEN CITY COUNCIL/
ALLEN PLANNING AND ZONING COMMISSION
CALLED - SPECIAL JOINT SESSION
NOVEMBER 11, 1987 Page 7
Planning and Zoning Commission Considers
Making a Recommendation to the City
Council on the Proposed Zoning Changes (Agenda Item VI)
Chairman Ken Browning opened the floor for a motion
regarding a recommendation to the City Council on the proposed
changes to the city's comprehensive zoning ordinance.
MOTION: Upon a motion made by Commissioner Lee and seconded by
Commissioner Armand, the Commission voted six (6) for
and none (0) opposed to recommend to the City Council
approval and adoption of the proposed zoning ordinance
with the revisions as recommended and presented by city
staff. The motion carried.
City Council Considers Recommendation
of the Planning and Zoning Commission on
the Proposed Zoning Changes and Considers
an Ordinance Adopting the Proposed Zoning
(Agenda Item VII)
and
Ordinance No. 829-11-87: An Ordinance of
the City of Allen, Collin County, Texas,
Repealing Ordinance No. 366-10-81, Esta-
blishing and Providing for Zoning
City Council Considers Recommendation
of the Planning and Zoning Commission on
the Proposed Zoning Changes and Considers
an Ordinance Adopting the Proposed Zoning
Regulations Within the Corporate Limits of
the City of Allen, Texas; Establishing Use
Districts in Accordance With the Comprehensive
Plan; Readopting Without Change the Existing
Official Zoning Districts Map as Amended
Under Ordinance nO. 366-10-81; Adopting
Certain Schedules and Illustrations;
Providing Certain Special Provisions for
Compliance; Containing Certain Definitions;
Regulating the Use of Buildings and Land,
Their Height, Coverage, Sizes, Yards and
Open Spaces; Specifying Standard Vehicle
Parking, Offstreet Loading, Landscaping
Accessory Buildings, Home Occupations,
Fences and Walls, Minimum Access, and
Performance; Defining the Authority of
the Zoning Administrator, the Planning
and Zoning Commission; Providing for
Amendments; Providing for a Board of
Adjustment and Appeals Process; Providing
for Enforcement; Establishing a Schedule of
Fees and Charges; Providing for a Penalty
of Not More Than One Thousand Dollars
($1,000.00) for Each Violation Thereof;
v Providing a Validity Clause; Repealing All
Conflicting Ordinances; Declaring an Emergency
and Providing an Effective Date. (Agenda Item VII)
There was further discussion by the Council on the new
proposed zoning ordinance and Councilman Wolfe expressed his
concerns about some of the provisions of the new ordinance and
the flexibility. He pointed out that with the flexibility there
comes responsibility and he hoped that the city would not let
down its standards.
112
ALLEN CITY COUNCIL/
ALLEN PLANNING AND ZONING COMMISSION
CALLED - SPECIAL JOINT SESSION
NOVEMBER 11, 1987 Page 8
Ordinance No. 829-11-87 (cont'd) (Agenda Item VII)
MOTION: Upon a motion made by Councilman Wilson and seconded
by Councilman Pennington, the Council voted seven (7)
for and none (0) opposed to approve the proposed zoning
�, changes in accordance with the recommendation of the
Planning and Zoning Commission, as stated, and to adopt
Ordinance No. 829-11-87. The motion carried.
Items of Interest
(Agenda Item IX)
There was further discussion by the Council on the meaning
of the straw vote taken to direct city staff to bring forth a
recommendation on changing the city's environmental health
ordinance regarding the number of children that can be cared for
in a home day care center and if that whole portion of the
ordinance needs to be reviewed.
City Manager McCarty advised the Commission and the Council
that he had provided video viewing equipment at this meeting
with the intention of showing a video tape of a presentation
covering global issues of economic development. However, due to
the lateness of the evening, this presentation could be done at a
another time.
Adjourn - Planning and
Zoning Commission
(Agenda Item X -A)
MOTION: Upon a motion made by Commissioner Garcia and seconded
by Commissioner Karlsruher, the Commission voted six
flaw (6) for and none (0) opposed to adjourn the called -
special joint meeting of the Allen Planning and Zoning
Commission at 9:50 p.m. on Wednesday, November 11,
1987. The motion carried.
Adjourn - City Council
(Agenda Item X -B)
MOTION: Upon a motion made by Councilman Wilson and seconded by
Councilman Pennington, the Council voted seven (7) for
and none (0) opposed to adjourn the called - special
joint meeting of the Allen City Council at 9:50 p.m. on
Wednesday, November 11, 1987. The motion carried.
These minutes approved on the !U day of December,
1987.
Ken Brownix3, CHAIRMAN Eileen Karlsruher, SECRETARY
I
These minutes approved on the 17th day of December,
1987.
APPROVED:
Donald P. Rodenbaug��h, M YR
ATTEST:
V
Marty Hendrix, CMC, CITY SECRE
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