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Min - City Council - 2023 - 01/10 - Regular ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10,2023 Present: Allen City Council: Kenneth M.Fulk,Mayor Chris Schulmeister,Mayor Pro Tern Daren Meis Carl Clemencich Dave Cornette Dave Shafer Ben Trahan(absent) City Staff: Eric Ellwanger,City Manager Eric Strong,Deputy City Manager Tim Dentler,Assistant City Manager Rebecca Vice,Assistant City Manager Shelley B. George,City Secretary Teresa Warren,Director,Public and Media Relations Rocio Gonzalez,Deputy City Secretary Pete Smith,City Attorney Workshop'Session 1. Call to Order and Announce a Quorum is Present With a quorum of the Allen City Council present,the Workshop of the Allen City Council was called to order by Mayor Fulk at 6:00 p.m. on Tuesday, January, 10, 2023, in the Basement Meeting Rooms of Allen City Hall,305 Century Parkway,Allen,Texas. 2. Discussion Items 2.1 Parks and Recreation Projects. 2.2 Committee updates from City Council Liaisons. 2.3 Questions on the current Agenda. 3. Adjourn to Regular Meeting With no further discussion,Mayor Fulk adjourned the Workshop of the Allen City Council at 6:54 p.m. on Tuesday, January 10, 2023, in the Basement Meeting Rooms of Allen City Hall, 305 Century Parkway,Allen,Texas. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10,2023 PAGE 2 Regular Meeting 1. Call to Order and Announce a Quorum is Present With a quorum of the Allen City Council present,the Regular Meeting of the Allen City Council was called to order by Mayor Fulk at 7:00 p.m.on Tuesday,January 10,2023,in the City Council Chambers of Allen City Hall, 305 Century Parkway,Allen,Texas. 2. Pledge of Allegiance 3. Public Recognition 3.1 Presentation of Proclamations by the Office of the Mayor. • Allen Community Band Day • Collin County Martin Luther King Day 3.2 Presentation of the Mayor's Distinguished Service Award. 3.3 Recognition of the Downtown Steering Committee members. 4. Citizens' Comments The following individuals spoke regarding tabled item 6.3: • Tariq Hasan, 1526 Hennessey Drive,Allen,Texas; • Kevin Ghademi, 1536 Hennessey,Allen,Texas; and, • Rajeev Chowdhry, 1704 Texas Hills Court,Allen,Texas. Diane Martin,708 Wandering Way Drive,Allen,Texas, spoke regarding a code concern. 5. Consent Agenda MOTION: Upon a motion made by Councilmember Cornette and a-second by Councilmember Meis,the Council voted six(6)for and none-(0)opposed to approve all items on the Consent Agenda as follows: 5.1 Approve minutes of the December 13,2023,Regular City Council Meeting. The motion carried. 6. Regular Agenda 6.1 Conduct a Public Hearing and adopt an Ordinance to amend the Allen Land Development 'Code to include -(a) amending Section 4.08.19 of the Allen Land Development Code to redesignate the"Central Business District(CBD)"to be known as the "Downtown District (DD)" and amending the regulations relating to the development and use of the property within the Downtown District(DD); and(b)make other conforming amendments to the Allen Land Development Code including: (1) Amending Sections4.02.1,4.05.6,1.09.2,<and 7.09.5 to replace the term"'CBD' Central ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10,2023 PAGE 3 Business District" with the term "'D' Downtown District" where it appears; (2) Amending Section 4.15.2, "Schedule of residential height and area regulations," by deleting footnote(1)and renumbering footnotes accordingly;(3)Deleting Section 4.20.4, "Schedule of principal uses—Central business district;"; (4) Deleting Section 4.20.5, "Schedule of accessory uses central business district;"; (5) Amending Section 6.06.13, "Urban Residential," .by providing for exceptions to be permitted in the Downtown District; (6) Amending Section 6.06.14, "Townhomes," by providing regulations for specifically for Townhomes in the "Downtown District; (7) Amending Section 6.06.15, "Mobile Food Establishments," by permitting Food Truck Sites in the Downtown District and by providing location standards for Food Truck Sites and Food Truck Parks in the Downtown District; (8) Amending Section 7.05.3.5.d, "Landscape buffer planting requirements," to replace the term, "central business district" with "Downtown District" and to modify approval authority from Commission to the Downtown Design Review Board;Amending Section 7.09.11.2—Table 7.23,"Permanent signs,"by deleting the section relating to signage in the"Central Business District;"and (10) Amending Section 8.05.1.12, "Neo-traditional subdivisions," by deleting the reference to "CBD central business district." The property affected by these amendments is 241.1±acres in the City of Allen,.Texas,located in the W.Perrin Survey, Abstract No.708;A.Perrin Survey,Abstract No.713;J.Read Survey,Abstract No.758; D. Wetsel Survey, Abstract No. 977; and P. Wetsel Survey, Abstract No. 990; and generally located east of US Highway 75, east of the portion of Bonham Drive that is south of Main Street; south of Whisenant Estates Installments #1-3, south of Whis- Lynge Hifi Addition No. 1, south of Hydrous Wake Park; west of Cottonwood Creek; and north of Burnett to Allen Addition, north of Allenwood Estates #3, and north of Millennium Business Park Replat for Lots 3R-4R,Block 3. Mayor Fulk opened the public hearing and asked anyone wishing to speak for or against this item to do so at this time. Mohammad R. Jahanziri, 300 Keith Drive,Allen,Texas, spoke against this item. With no one else speaking,Mayor Fulk closed the Public Hearing. Mayor Fulk announced a recess of the Regular Session at 8:48 p.m. Mayor:Fulk.reconvened,the Regular Session at 9:05 p.m. Mayor Fulk moved to the Calendar and Items of Interest. 7. Other Business 7.1 Calendar. • January 12,2023 -Council Candidate Workshop, 5:30 p.m., Council Conference Room • January 28,2023 -City Council Strategic Planning Session, 9 a.m.,Hilton Garden Inn 7.2 Items of Interest. • Council wished happy belated birthday to Councilmember Trahan. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10,2023 PAGE 4 • Councilmember Meis mentioned he was able to visit our newly elected Congressman Keith Self in Washington DC last week and congratulated Allen resident Michelle Bishop who was named the District Director for Congressman Self. • Mayor Pro Tern Schulmeister encouraged the public to volunteer at one of the projects as part of the Martin Luther King Day of Service: Change the World, All Community Outreach, and Kids Against Hunger. Mayor Fulk continued with Item 6.1 ORDINANCE NO.3976-1-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ARTICLE IV "ZONING REGULATIONS" OF THE ALLEN LAND DEVELOPMENT CODE, AS AMENDED, BY AMENDING SECTION 4.08.19 TO REDESIGNATE THE "CENTRAL BUSINESS DISTRICT (CBD)" AS THE "DOWNTOWN DISTRICT (DD)" AND AMENDING THE REGULATIONS RELATING TO THE DEVELOPMENT AND USE OF PROPERTY WITHIN THE DOWNTOWN DISTRICT (DD); AMENDING SECTIONS 4.02.1 AND 4.05.6 TO REPLACE THE TERM""CBD"CENTRAL BUSINESS DISTRICT"WITH THE TERM ""DD" DOWNTOWN DISTRICT"; AMENDING SECTION 4.15.2, "SCHEDULE OF RESIDENTIAL HEIGHT AND AREA REGULATIONS"BY DELETING FOOTNOTE (1) AND RENUMBERING FOOTNOTES ACCORDINGLY; BY DELETING SECTION 4.20.4, "SCHEDULE OF PRINCIPAL USES—CENTRAL BUSINESS DISTRICT"; BY DELETING SECTION 4.20.5, "SCHEDULE OF ACCESSORY USES CENTRAL BUSINESS DISTRICT"; BY AMENDING SECTION 6.06.13, "URBAN RESIDENTIAL," BY PROVIDING FOR EXCEPTIONS TO BE PERMITTED IN THE DOWNTOWN DISTRICT;BY AMENDING PARAGRAPHS 3,4,AND 5 OF SECTION 6.06.15,"MOBILE FOOD ESTABLISHMENTS," BY PERMITTING FOOD TRUCK SITES IN THE DOWNTOWN DISTRICT AND BY PROVIDING LOCATION STANDARDS FOR FOOD TRUCK SITES AND FOOD TRUCK PARKS IN THE DOWNTOWN DISTRICT; AMENDING SECTION 7.05.3.5.d, "LANDSCAPE BUFFER PLANTING REQUIREMENTS," TO REPLACE THE TERM, "CENTRAL BUSINESS DISTRICT" WITH "DOWNTOWN DISTRICT" AND TO MODIFY THE AUTHORITY APPROVING CHANGES; BY AMENDING SECTION 7.09.2 "SIGN DEFINITIONS" RELATING TO THE DEFINITION OF ZONING DISTRICTS; BY AMENDING PARAGRAPH 3 OF SECTION 7.09.5 "GENERAL REGULATIONS GOVERNING SIGNS" RELATING TO SIGNS IN THE CENTRAL BUSINESS DISTRICT;BY AMENDING SECTION 7.09.11.2— TABLE 7.23, "PERMANENT SIGNS," BY DELETING THE SECTION RELATING TO SIGNS IN THE "CENTRAL BUSINESS DISTRICT"; AND AMENDING SECTION 8.05.1.12, "NEO-TRADITIONAL SUBDIVISIONS," BY DELETING THE REFERENCE TO ""CBD" CENTRAL BUSINESS DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000) DOLLARS FOR EACH OFFENSE;AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Shafer and a second by Mayor Pro Tem Schulmeister, the Council voted six (6) for and none (0) opposed to adopt Ordinance No. 3976-1-23, as previously captioned, to amend the Allen Land Development Code to include (a) amending Section 4.08.19 of the Allen Land Development Code to redesignate the "Central Business District(CBD)"to be known as the "Downtown District(DD)"and amending the regulations relating to the development and use of the property within the Downtown District(DD); and ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10,2023 PAGE 5 (b) make other conforming amendments to the Allen Land Development Code with the following amendments: 1)Zoning Map Boundary clarifications;2)Density for CCO and RTO reflect 18 units/acre; and, 3) Composition of the DDRB and initial appointment terms of DDRB. The motion carried. 6.2 Adopt an Ordinance amending the Code of Ordinances by Amending Sections 6-85(H), 9-151, and 9-206 to replace the phrase "Central Business District" with the phrase "Downtown District" and amending Chapter 9"Motor Vehicles and Traffic,"Section 9- 2 "Definitions" by deleting the definition for "Central Business District" and adding a definition for the phrase"Downtown District." ORDINANCE NO.3977-1-23: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY,TEXAS,AMENDING THE CODE OF ORDINANCES BY AMENDING SECTIONS 6-85(h), 9-151, AND 9-206 TO REPLACE THE PHRASE "CENTRAL BUSINESS DISTRICT" WITH THE PHRASE "DOWNTOWN DISTRICT" AND AMENDING CHAPTER 9 "MOTOR VEHICLES AND TRAFFIC," SECTION 9-2 "DEFINITIONS" BY DELETING THE DEFINITION FOR "CENTRAL BUSINESS DISTRICT" AND ADDING A DEFINITION FOR THE PHRASE "DOWNTOWN DISTRICT"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY OF FINE IN ACCORDANCE WITH SECTION 1-4 OF THE CODE OF ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE. MOTION: Upon a motion made by Councilmember Cornette and a second by Councilmember Clemencich,the Council voted six(6)for and none(0)opposed to adopt Ordinance No. 3977- 1-23, as previously captioned, amending the Code of Ordinances by amending Sections 6- 85(H), 9-2, 9-151,and 9-206. The motion carried. 6.3 Tabled Item - Conduct a Public Hearing and adopt an Ordinance to amend the development regulations of Planned Development No. 98 with a base zoning of Single Family and adopt a Concept Plan,Building Elevations, and a Landscape Plan for Lots 1 - 18,Block A,Lots 1 - 9, Block B, and lots 1 -3,Block X,Ridgeview Villas, generally located south of Ridgeview Drive and east of Exchange Parkway. [Ridgeview Villas] Application for Zoning has been withdrawn by the Applicant. 8. Executive Session(As needed). The Executive Session was not held. Adjournment Mayor Fulk adjourned the Regular Meeting of the Allen City Council at 9:21 p.m. on Tuesday, January 10, 2023. ALLEN CITY COUNCIL REGULAR MEETING JANUARY 10,2023 PAGE 6 These minutes were approved on the 24'day of January 2023. APPROVED: I g11I,/4 Ken eth M.Fulk,MA R ATTEST: C6\Q—CC)--3(--fe5S-------- Shelley B.George,TRMC,CITY SECRETARY