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Min - Planning and Zoning Commission - 1988 - 07/14 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING JULY 14, 1988 ATTENDANCE Commission Members Present Wayne Armand Charles Lee John Garcia Melissa Owen Kenneth Falk Harold Biggs Commission Members Absent: Eileen Karlsruher City Staff Present: Tom Keener, Development Coordinator Sally Leeper, Secretary A CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:00 p.m. by Acting Chairman Armand, at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes June 23, 1988 (Agenda Item II)(Agenda Item II) Acting Chairman Armand read the agenda item into the record as follows: "Approve minutes of June 23, 1988, Regular meeting." MOTION: Upon a motion by Commissioner Lee and a second by Commissioner Garcia, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of June 23, 1988. I ALLEN PLANNING & ZONING COMMISSION JULY 14, 1988 PAGE 2 Election of Officers Agenda Item III) Vice -Chairman Armand read the agenda item into the record as follows: "Election of Officers." Commissioner Garcia placed the name of Wayne Armand in nomination for the office of Chairman. It was seconded by Commissioner Lee. Upon a vote of 6 FOR and 0 OPPOSED, Wayne Armand was elected Chairman. Commissioner Lee placed the name of Eileen Karlsruher in nomination for the office of Vice -Chairman. It was seconded by Commissioner Owen. Upon a vote of 6 FOR and 0 OPPOSED, Eileen Karlsruher was elected Vice - Chairman. Commissioner Garcia placed the name of Charles Lee in nomination for the office of Secretary. It was seconded by Commissioner Biggs. Upon a vote of 6 FOR and 0 OPPOSED, Charles Lee was elected Secretary. Public Hearing Exchange Park South Addition (Agenda Item IV) Chairman Armand read the agenda item into the record as follows: "Public Hearing - Consider a request by Mr. Larry Francisco to amend Planned Development No. 14 to include retail uses in the Exchange Park South Addition." Mr. Larry Francisco, Box 231136, Route 7, Lucas, owner of the property under consideration, stated he is requesting the retail use in his building to operate a ladies' jeans retail store. Chairman Armand opened the public hearing. Mr. Chuck Barnhart, 1009 Green Valley Drive, spoke before the Commission. He indicated he had questions regarding the proposed use and the signage that would be used. He stated he would like to hear a presentation by City staff. Mr. Tom Keener reviewed the zoning history of the property. It was approved as a planned development in 1983 for office, office -showroom, and electronics manufacturing uses. It was amended in 1985 to include the site plan for Ex- change Park South. I ALLEN PLANNING & ZONING COMMISSION JULY 14, 1988 PAGE 3 Public Hearing Exchange Park South (Cont.) (Agenda Item IV) Mr. Barnhart stated it was his understanding that at the time of original zoning, the triangular property now known as Exchange Park South was never to be developed. Mr. Keener responded by saying that the property owners have the right to petition for the rezoning of their property through the public hearing process. Mr. Keener stated that parking for this building alone is satisfactory for retail use, and that it is consistent with Neighborhood District 13 allocations for retail use. The Commission discussed that the zoning would go with the property rather than with the ownership, unless the Commission determined otherwise. It was further discussed that the Commission was allowed to place conditions on the zoning. Commissioner Fulk questioned the definition of office/showroom warehouse and Mr. Keener explained that it was an establishment with storage in the back portion and a display counter at the front. Mr. Barnhart questioned the use of signs for the proposed retail use, and Mr. Keener advised that the property will be required to meet the conditions of the Sign Regulations Ordinance. Chairman Armand closed the public hearing. Chairman Armand discussed the zoning analysis provided by staff, and referred to the questions on page three regarding buffers between residential and nonreside- ntial areas. Commissioner Garcia discussed the facts surrounding the zoning request at the time the site plan for Exchange Park South was approved. He stated that the Commission had made a number of exceptions at the time of zoning for this property because of the unusual shape of the property. He discussed further the amount of unused retail zoning located in the City at this time. He added that it had been the opinion of the board at the time of site plan approval that the highest and best use of this property was for office type uses only. Commissioner Lee stated he is not in agreement with the proposal. The original zoning was in keeping with the master plan, and he sees no reason to change it at this time. He considers the area suitable for the present zoning. Commissioner Owen asked about the allowance of exceptions, and at what point they should not be allowed. She questioned whether this would set a precedent for other exceptions. ALLEN PLANNING & ZONING COMMISSION JULY 14, 1988 PAGE 4 1 Public Hearing Exchange Park South (Cont.) (Agenda Item IV) Commissioner Fulk stated that the zoning as it stands appears to have had sufficient consideration and he is not comfortable with changing the use at this time. Commissioner Biggs stated he agreed with the above statements. MOTION: Upon a motion by Commissioner Lee and a second by Commissioner Biggs, the Commission voted 4 FOR and 2 OPPOSED to reject the request. The motion carried, and the request was denied. Mr. Keener advised the proponent that he has the option to appeal the decision to the City Council. Findings: 1. The request is not consistent with the Comprehensive Plan. 2. The request appears to be spot zoning. 3. The Commission claimed there were not sufficient reasons to change the zoning. Other Business: Chairman Armand asked what staff's plans are for the revision of the Subdivision Ordinance, and Mr. Keener advised that there were no specific plans at this time, but the item will probably appear on the next agenda for consideration. Commissioner Lee requested confirmation regarding further courses at COG and was advised that the next training date of September 16, 1988. Adjourn MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Fulk, the Commission voted 6 FOR and 0 OPPOSED to adjourn the July 14, 1988, meeting of the Allen Planning & Zoning Commission at 7:40 p.m. IV These minutes approved thiday of , 1988. OLE■y , J: Cti Wa L. Armand, Chairman Charles L. Lee, Secretary