Min - Planning and Zoning Commission - 1988 - 02/25 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
FEBRUARY 25, 1988
ATTENDANCE:
Commission Members Present
Wayne Armand
Charles Lee
Carolyn Latimer
John Garcia
Commission Members Absent:
Ken Browning
Eileen Karlsruher
Dan Contreras
City Staff Present:
Tom Keener, Development Coordinator
Sally Leeper, Secretary
ji CALL TO ORDER:
The Allen Planning & Zoning Commission was called to order at
7:30 p.m. by Vice -Chairman Armand, at the Allen Municipal Annex,
City Council Chambers, One Butler Circle, Allen, Texas.
Approve Minutes
January 28, 1988
(Agenda Item II)
Vice -Chairman Armand read the agenda item into the record as
follows:
"Approve minutes of January 28, 1988, Regular meeting."
MOTION: Upon a motion by Commissioner Garcia and a second by
Commissioner Lee, the Commission voted 4 FOR and 0
OPPOSED to approve the minutes of January 28, 1988, as
presented.
ALLEN PLANNING & ZONING COMMISSION
FEBRUARY 25, 1988 PAGE 2
Public Hearing
G & M Investment, Inc. (Agenda Item III)
Vice -Chairman Armand read the agenda item into the record as
follows:
"Consider request by G & M Investment, Inc., to amend "PD -
SC" Planned Development -Shopping Center No. 5 by seeking a
Specific Use Permit for an automotive lube and oil change
facility with site plan approval. The property is located
in the Peter Wetsel Survey, Abstract No. 990, in the City of
Allen, Collin County, Texas, part of a 1.024 acre tract
described as Tract Seven conveyed to David H. Craig, Trus-
tee, by H. George Schuler, Gayle H. Schuler and Schuler
Investments as recorded in Volume 2555, Page 465 of the Deed
Records of Collin County, Texas; more particularly described
as being north of F.M. 2170, approximately 635 feet west of
Fountain Park Drive."
Mr. Mike Mitchell, 3412 Garner, Plano, Texas, presented the
request to the Commission.
�,i Vice -Chairman Armand opened the public hearing. With no one
!�! wishing to speak for or against this item, Vice -Chairman Armand
closed the public hearing.
Mr. Tom Keener discussed the proposed drive cuts. The car wash
currently protrudes into the common access easement, and closing
either one of the curb cuts would create an access problem.
Proponent has stated that when the car wash property redevelops,
one of the drive cuts at that location will be closed. Mr.
James Craig, owner of the property, stated that he has no plans
at this time to move the car wash. He plans to relocate it to
the rear of the property whenever a reasonable offer is received
for the pad site.
Mr. Keener discussed the location of the stacking lanes, and the
parking. A portion of the parking requirement is being served by
the stacking lanes; the remaining parking spaces are located in
the rear of the facility. The site plan has been reviewed by the
Fire Marshal, and he indicated a need for the addition of one
fire hydrant.
Mr. Keener stated that the City has no specific policy regarding
curb cuts; however, the general policy regarding curb cuts is to
limit them to 100 feet. The City of Plano restricts them to 120
�+ feet. The spacing on this curb cut is 132 feet. The spacing on
■` the two existing curb curts is approximately 40 feet. Mr. Don
Cardwell stated that construction is planned as soon as a build-
ing permit is issued.
I
ALLEN PLANNING & ZONING COMMISSION
FEBRUARY 25, 1988 PAGE 3
Public Hearing
G & M Investments, Inc. (Cont.) (Agenda Item III)
The Commission discussed the subject of drive cuts, the addition
of a fire hydrant, and the parking requirements. Vice -Chairman
Armand questioned proponent as to the type of landscaping being
proposed. Proponent reviewed the landscaping plan as submitted.
MOTION: Upon a motion by Commissioner Garcia and a second by
Commissioner Lee, the Commission voted 4 FOR and 0
OPPOSED to approve the request for Specific Use Permit
and site plan with the following stipulations: 1) that
before any development begins, the plan shall meet
engineering requirements of the City; specifically, the
addition of one fire hydrant; 2) when the car wash is
relocated, one curb cut will be eliminated; the speci-
fic one to be decided at the time of site plan ap-
proval.
Findings:
1. Stacking is being counted as parking spaces.
2. The Fire Marshal has approved the plan subject to the
addition of a fire hydrant.
3. In lieu of specific requirements on curb cuts, the issue is
being addressed by site plan. Although the existing curb
cuts are too close, the proposed cut is 132 feet away from
them, and one will he closed when the adjacent property
redevelops.
4. A satisfactory explanation of the landscaping plan was
presented.
Final Plat
SONIC (Agenda Item IV)
Vice -Chairman Armand read the agenda item into the record as
follows:
"Consider final plat approval for Sonic Addition, situated
in the City of Allen, Collin County, Texas, out of the Peter
Wetsel Survey, Abstract No. 990, and being a 1.016 acre
tract of land, and the same property described in a deed
recorded in Volume 1073, Page 535, of the Deed Records of
Collin County, Texas, further described as being located at
707 E. Main, Allen, Texas.
ALLEN PLANNING 1, ZONING COMMISSION
FEBRUARY 25, 1988 PAGE 4
Final Plat
SONIC (Cont.)
(Agenda Item IV)
Mr. George Collis, Fairview, Texas, Surveyor, presented the plat
to the Commission. He stated that Sonic was built in 1977.
Proposed remodeling necessitates the platting of the property.
He added that 10 feet of right-of-way is being dedicated to the
City for the expansion of F.M. 2170.
Mr. Keener stated that this property was not platted at the time
it was built because the City did not have a Subdivision or-
dinance at that time. A plat is required at this time because of
the renovations to the building.
"Consider a new and unlisted use for a gun shop."
Mr. Keener discussed this request with the Commission. Current-
ly, guns are sold at Wal Mart as an incidental use to the main
retail facility. Pawn shops are allowed by specific use permit
in Shopping Center districts. He suggested that the Commission
might consider a definition of what would constitute a gun shop.
He discussed the need for trade-in business in a gun shop.
The Commission discussed the question of new vs. used guns, and
the possibility of using a ratio of new vs. used guns in the
definition. Vice -Chairman Armand questioned Mr. Keener as to who
would monitor the ratio of new vs. used guns if such a ratio were
given in a definition. Mr. Keener stated it would probably have
to be inspected on a complaint basis.
Mr. Bill Minyard, owner of the Pebblebrook Shopping Center,
stated that the request is not for a pawn shop, but for firearms,
rifles, police paraphernalia. Mr. Dale Moore, Princeton, stated
that the use he is requesting would not be a pawn shop, but that
a gun shop usually does necessitate some trade-in business. Mr.
Moore stated that a broker for this type of business must receive
a license from the Bureau of Alcohol, Tobacco, and Firearms.
MOTION:
Upon a motion by Commissioner Garcia
and a second by
Commissioner Latimer, the Commission
voted 4 FOR and 0
OPPOSED to approve the final plat for
Sonic.
New and
Unlisted Use
Gun and
Accessory Shop
(Agenda Item V)
Vice -Chairman
follows:
Armand read the agenda item into
the record as
"Consider a new and unlisted use for a gun shop."
Mr. Keener discussed this request with the Commission. Current-
ly, guns are sold at Wal Mart as an incidental use to the main
retail facility. Pawn shops are allowed by specific use permit
in Shopping Center districts. He suggested that the Commission
might consider a definition of what would constitute a gun shop.
He discussed the need for trade-in business in a gun shop.
The Commission discussed the question of new vs. used guns, and
the possibility of using a ratio of new vs. used guns in the
definition. Vice -Chairman Armand questioned Mr. Keener as to who
would monitor the ratio of new vs. used guns if such a ratio were
given in a definition. Mr. Keener stated it would probably have
to be inspected on a complaint basis.
Mr. Bill Minyard, owner of the Pebblebrook Shopping Center,
stated that the request is not for a pawn shop, but for firearms,
rifles, police paraphernalia. Mr. Dale Moore, Princeton, stated
that the use he is requesting would not be a pawn shop, but that
a gun shop usually does necessitate some trade-in business. Mr.
Moore stated that a broker for this type of business must receive
a license from the Bureau of Alcohol, Tobacco, and Firearms.
ALLEN PLANNING & ZONING COMMISSION
FEBRUARY 25, 1988 PAGE 5
New and Unlisted Use (Cont.) (Agenda Item V)
Commissioner Lee questioned the minimum age to purchase a hand-
gun. Mr. Moore stated it was 21. He added that ammunition can
be sold to minors, however. The procedure for purchasing hand-
guns was discussed, as well as the procedure for trade-ins.
The Commission discussed the possibility of requiring a specific
use permit in Shopping Center districts. Further discussion was
held regarding stores that sell guns as an incidental use.
Commissioner Garcia stated that proponent's ability to sell guns
is regulated by the Federal government extensively. He added
that a definition could include a statement that the owner of the
business must be authorized by the Bureau of Alcohol, Tobacco and
Firearms, and that used guns must constitute an incidental use
only.
MOTION: Upon a motion by Commissioner Garcia and a second by
Commissioner Lee, the Commission voted 3 FOR and 1
OPPOSED to recommend that a Gun and Accessory Shop be
allowed by right in Shopping Center Districts with new
gun sales, meaning that a majority of retail sales
would be new vs. used guns, or any other used parapher-
nalia. Enforcement would be on a complaint only basis.
Commissioner Latimer stated that she voted against this motion
because she felt it would have been appropriate to require a
Specific Use Permit.
Other Business (Agenda Item VI)
Mr. Keener advised the Commission that one public hearing is
scheduled for the next agenda.
Adjourn:
MOTION: Upon a motion by Commissioner Garcia and a second by
Commissioner Lee, the Commission voted 4 FOR and 0
OPPOSED to adjourn the February 25, 1988, meeting of
the Allen Planning & Zoning Commission at 8:50 p.m.
These minutes approved this � day of
1988.
Ka-Ghai-r-mau- Eileen Karlsruher, Secretary
Wayne L. Armand, Vice -Chairman