Min - Planning and Zoning Commission - 2023 - 02/07 - Regular PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 7,2023
ATTENDANCE:
Commissioners Present:
Dan Metevier, Chair
Michael Smiddy, 1 St Vice-Chair
Elias Shaikh
Gary Stocker
Jason Wright
Commissioners Absent:
Kenneth Cook,2nd Vice-Char
City Staff Present:
Marc Kurbansade,AICP,Director of Community Development
Joseph Cotton,P.E.,Assistant Director of Engineering
Hayley Angel,AICP,Planning Manager
Kim Yockey,AICP, Senior Planner
Kevin Laughlin,City Attorney
1. Call to Order and Announce a Quorum is Present.
With a quorum of the Commissioners present, Chair Metevier called the meeting to order at 7:00
p.m. in the City Hall Council Chambers Room at Allen City Hall, 305 Century Parkway, Allen,
Texas,75013.
2. Pledge of Allegiance.
3. Consent Agenda.
(Routine P&Z business. Consent Agenda is approved by a single majority vote. Items may be
removed for open discussion by a request from a Commission member or member of staff.)
3.1 Receive the Director's Report on action taken on the Planning and Zoning Commission items
by City Council at the January 24,2023, Regular Meeting.
3.2 Approve Minutes from the January 17, 2023, Planning and Zoning Commission Regular
Meeting.
Motion: Upon a motion by Commissioner Shaikh and second by Commissioner
Wright,the Commission voted 5 IN FAVOR and 0 OPPOSED to approve the
Consent Agenda items as presented.
The motion carried.
4. Regular Agenda.
4.1 Conduct a Public Hearing and consider a request to amend the development regulations of
Planned Development No.4 with a base zoning of Shopping Center and to adopt Development
Regulations, a Zoning Exhibit, Concept Plan, Landscape Plan, and Building Elevations for
Planning and Zoning Commission
February 7,2023
Page 2
approximately 7.459-acres situated in the Rufus Sewall Survey, Abstract No. 875, generally
located east of Greenville Avenue and south of Hightrail Drive. (ZN-102122- 0019) [Allen
Flex Center]
Ms. Yockey, Senior Planner, presented the item to the Commission and stated that staff
recommended approval of the item with the amendments to the permitted land uses as
presented by the applicant.
The applicant,J.T.Hale,6716 Hillwood Lane,Dallas,TX,presented.
Chair Metevier opened the public hearing.
The following individuals registered their opposition and spoke on the item:
• Debbie Buchanan, 508 Oldbridge Drive,Allen,TX
• Linda Greenidge, 924 Hawthorne Drive,Allen,TX
• Jack Brothers, 501 Stretford Lane,Allen,TX
Chair Metevier closed the public hearing.
The Commission discussed the following:
• Screening;
• Setbacks;
• Noise;
• Detention pond;
• Proposed land uses; and
• Traffic.
Motion: Upon a motion by Commissioner Shaikh and a second by 1st Vice-Chair
Smiddy,the Commission voted 4 IN FAVOR and 1 OPPOSED to recommend
approval of an ordinance to amend Planned Development No. 4 with a base
zoning of Shopping Center and to adopt Development Regulations,a Zoning
Exhibit,Concept Plan,Landscape Plan,and Building Elevations,as amended
by the previous slide.
The motion carried.
4.2 Conduct a Public Hearing and consider a request to amend the development regulations of
Planned Development No.45 with a base zoning of Shopping Center relating to the installation
of signs on Lot 3R1, Block A, Stacy Green; generally located south of Stacy Road and west
of Central Expressway, commonly known as 1955 Central Expressway North. (ZN011323-
0001) [Outback Allen]
Ms. Yockey, Senior Planner, presented the item to the Commission and stated that staff
recommends approval of the item.
Chair Metevier opened the public hearing.
With no one speaking, Chair Metevier closed the public hearing.
Planning and Zoning Commission
February 7,2023
Page 3
The Commission discussed the location of the sign.
Motion: Upon a motion by Commissioner Stocker and a second by Commissioner
Wright,the Commission voted 5 IN FAVOR and 0 OPPOSED to recommend
approval of an ordinance to amend Planned Development No.45 with a base
zoning of Shopping Center and to adopt an amendment to Exhibit "G" Sign
Plan,as presented.
The motion carried.
4.3 Conduct a Public Hearing and consider a request to amend the development regulations of
Planned Development No. 131 with a base zoning of Shopping Center and to adopt a Sign
Location Map, Sign Elevations, and Sign Schedule for Lyrick Addition, Block A, Lot 4,
generally located at the southwest corner of Bethany Drive and Greenville Avenue.
(ZN122222-0025) [QuikTrip- Signage]
Ms. Angel, Planning Manager, presented the item to the Commission and stated that staff
recommends denial of the item.
The applicant,Tommy Vilbig,400 Chisholm Place,Suite 104,Plano,TX,presented.
Chair Metevier opened the public hearing.
The following individual registered their opposition and spoke on the item:
• Jack Brothers, 501 Stretford Lane,Allen,TX
Chair Metevier closed the public hearing.
The Commission discussed the following:
• Locations with similar conditions;
• Size of the subject site;and
• Visibility of traveling public.
Motion: Upon a motion by 15t Vice-Chair Smiddy and a second by Commissioner
Wright,the Commission voted 3 IN FAVOR and 2 OPPOSED to recommend
denial of an ordinance to amend the development regulations of Planned
Development No. 131 with a base zoning of Shopping Center and to adopt a
Sign Location Map,Sign Elevations,and Sign Schedule,as presented.
The motion failed.
Pursuant to Section 2.01.1 of the Allen Land Development Code, an affirmative vote of four
members shall be necessary for the passage of any recommendations to the city council.The motion
failed to gain the required number of votes.
Motion: Upon a motion by Commissioner Wright and a second by Commissioner
Stocker,the Commission voted 4 IN FAVOR and 1 OPPOSED to reconsider
the agenda item.
Planning and Zoning Commission
February 7,2023
Page 4
The motion carried.
Motion: Upon a motion by Commissioner Wright and a second by Commissioner
Stocker,the Commission voted 4 IN FAVOR and 1 OPPOSED to recommend
denial of an ordinance to amend the development regulations of Planned
Development No. 131 with a base zoning of Shopping Center and to adopt a
Sign Location Map,Sign Elevations,and Sign Schedule,as presented.
The motion carried.
Chair Metevier filed an Affidavit of Conflict of Interest for Agenda Item No.4.4 and left the dais.
4.4 Conduct a Public Hearing and consider a request to establish a Planned Development zoning
district with a base zoning of Single-Family Residential R7 and to adopt Development
Regulations,Zoning Exhibit,Concept Plan,Open Space Plan,and Building Elevations for Lot
1,Block 2,Jones Addition;generally located approximately 1,192 feet north of Prestige Circle
and directly east of Greenville Avenue,commonly known as 505 S. Greenville. (ZN-120122-
0022) [505 S.Greenville]
Ms. Angel, Planning Manager, presented the item to the Commission and stated that staff
recommends approval of the item.
The applicant, Preston Whisenant, 8117 Preston Road,Dallas,TX,presented
Pt Vice-Chair Smiddy opened the public hearing.
The following individuals registered their opposition and spoke on the item:
• Tim McGarity,501 S. Greenville Avenue,Allen,TX
• Jack Brothers, 501 Stretford Lane,Allen,TX
1"Vice-Chair Smiddy closed the public hearing.
The Commission discussed the following:
• Density of the proposed and allowed zoning;
• Open space location and screening; and
• Detention.
Motion: Upon a motion by Commissioner Stocker and a second by Commissioner
Wright,the Commission voted 3 IN FAVOR and 1 OPPOSED to recommend
denial of an ordinance to establish a Planned Development Zoning District
with a base zoning of Single-Family Residential R-7 and to adopt
Development Regulations, Zoning Exhibit, Concept Plan, Open Space Plan,
and Building Elevations,as presented.
The motion failed.
Pursuant to Section 2.01.1 of the Allen Land Development Code, an affirmative vote of four
members shall be necessary for the passage of any recommendations to the city council.The motion
failed to gain the required number of votes.
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February 7,2023
Page 5
Motion: Upon a motion by Commissioner Wright and a second by Commissioner
Shaikh, the Commission voted 4 IN FAVOR and 0 OPPOSED to table the
item to a date and time certain of February 21,2023 at 7:00 pm.
The motion carried.
Chair Metevier returned to his seat at the dais.
4.5 Conduct a Public Hearing and consider a request to amend the Allen Land Development Code
by amending Subsection 6 of Section 4.10, "Residential accessory use regulations"
authorizing home occupations in accessory buildings and repealing certain restrictions on
advertising home occupations; Section 4.11, "Commercial accessory use regulations"adding
regulations regarding commercial accessory structures; removing "Restaurant/Private Club"
as use in Section 4.20.3,"Schedule of accessory uses"; Section 6.05,"Site Plan Approval"to
add Section 6.05.5,"Amendments to an approved site plan"regarding amending an approved
site plan; Section 7.04.1, "Vehicle parking" to add regulations for parallel parking space
dimensions; Section 7.05.4, "Tree planting requirements for new single-family residential
development(attached and detached)" regarding the number of trees required to be planted;
Appendix A,"Definitions"amending the definition"medical or dental office"and amending
or removing definitions regarding various restaurant classifications; and Appendix C, "Trees
and Plants"removing Texas Ash as a recommended overstory shade tree species.
Ms. Angel, Planning Manager , presented the item to the Commission and stated that staff
recommends approval of the item.
Chair Metevier opened the public hearing.
The following individual registered their support and spoke on the item:
• Jack Brothers, 501 Stretford Lane,Allen,TX
Chair Metevier closed the public hearing.
The Commission discussed the following the enforcement of home occupations.
Motion: Upon a motion by Commissioner Shaikh and a second by Commissioner
Stocker,the Commission voted 5 IN FAVOR and 0 OPPOSED to recommend
approval of the amendments to the Allen Land Development Code, as
presented.
The motion carried.
5. Executive Session.(As needed)
As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened
into closed Executive Session for the purpose of seeking confidential legal advice from the City
Attorney on any agenda item listed herein.
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February 7,2023
Page 6
6. Adjournment.
The meeting adjourned at 9:10 p.m.
These minutes were approved this 2Pt day of February 2023.
an Mete ier, HAIR Kim ockey,SENIOR PL