Loading...
Min - Planning and Zoning Commission - 1984 - 11/08 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING NOVEMBER 8, 1984 Present: Commissioners Jim Pendleton, Chairman Wayne Armand, Secretary Jerry Wilson John Garcia Jack Pennington Scott Hoover Absent: Bobby Glass, Vice Chairman Staff: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Kellie Fishell, Secretary The Regular Meeting of the Allen Planning & Zoning Commission was called to order by Chairman Pendleton at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, #1 Butler Circle, Allen, Texas. Approve Minutes October 25. 1984 (Agenda Item No. II) Chairman Pendleton read the agenda item into the record as follows: "Approve minutes of October 25, 1984, Regular Meeting." Commissioner Armand pointed out the incorrect spelling of the name of one of the residents who spoke at the public hearing for the Allen Bowl, Inc. MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 6-0 to approve the minutes of October 25, 1984, Regular Meeting. The motion carried. I ALLEN PLANNING & ZONING COMMISSION PAGE 2 NOVEMBER 8, 1984 Tabled Item Allen Bowl (Agenda Item No. III) Chairman Pendleton read the agenda item into the record as follows: "Tabled Item - Consider a request for a specific use permit to operate a private club by Allen Bowl, Inc. This property is contained within a tract of land being 4 acres in the Rufus Sewell Survey, Abstract No. 875, and also described as being a resurvey of the 4 acres of land described in a deed from H.D. Walthall, et al to Mr. Quick of Texas, Inc., dated August 28, 1981, recorded in Volume 1429, Page 415, of the Collin County Deed Records. Further described as fronting State Highway 5 west of Windridge Addition." MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Hoover, the Commission voted 6-0 to remove agenda item from the table. The motion carried. The Commission stated that the decision was based upon zoning and not on a moral judgment of drinking. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Pennington, the Commission voted 6-0 to deny the request. The motion carried. Commission pointed out to the requestor that the request was found not to be comparable and harmonious to adjacent property owners. Tabled Item Shelley Realtors (Agenda Item No. IV) Chairman Pendleton read the agenda item into the record as follows: "Tabled Item - Consider a zoning request on a 56.8 acre tract as requested by Shelley Realtors. This zoning request is on a tract of land situated in Collin County, Texas, in the William Snider Survey, Abstract No. 821, and being a part of a 43.17 acre tract of land described in a deed from Gladys Deal and husband, Virgil Deal to Betty Leigh Deal dated February 13, 1965, recorded in Volume 648, Page 238 of the Collin County Deed Records and also being part of a 45.36 acre tract of land conveyed to Alyne Pennington by J.W. McKinney in Deed recorded in Volume 328, Page 97 of the Deed Records of Collin County. Request is to change zoning from Agriculture to "R-5" Single Family Residential. Property is further known as being located west of F.M. 2551, east of Malone Road, and approximately 1/4 mile south of F.M. 2170." ALLEN PLANNING 6 ZONING COMMISSION PAGE 3 NOVEMBER 8, 1984 Tabled Item Shellev Realtors (Cont.) MOTION: Upon a motion by Commissioner Garcia and seconded by Commissioner Wilson, the Commission voted 6-0 to remove agenda item from the table. The motion carried. Craig Curry presented the request to the Commission. He had a few changes that were requested by the Commission at the last meeting. He pointed out to the Commission that if any portion of a lot falls into another zoning district, that the lot would be the most restricted zoning. Proposed lot sizes are "R-5" - 7,500 sq. ft.; "R-4" - 9,000 sq. ft.; and "R-3" - 12,000 sq, ft. Commission was concerned about the house sizes that are allowed in the "R-5" district without deed restrictions. Consensus of the Commission was to deed restrict the "R-5" district to put a minimum on the house size on the lot. Bill Petty stated to the Commission that the deed restrictions needed to be kept as simple as possible from an administrative enforcement viewpoint; there should be a designation of land use when using blanket precentages. MOTION: Upon a motion by Commissioner Wilson and seconded by Commissioner Hoover, the Commission voted 6-0 to approve Agenda Item No. IV with modifications. The motion carried. Modifications: (1) There will be a row of 120 feet in depth of "R-3"; adjacent to High Point Estates on the south and east side (2) There will be a row of 120 feet in depth of "R-4", adjacent to the "R-3". (3) The "R-5" portion will have a minimum house size will have a minimum 1,350 sq. ft. per home to be documented with voluntary deed restrictions before going to City Council. The Commission adjourned for a break at 9:02. The Commission reconved at 9:17. ALLEN PLANNING & ZONING COMMISSION PAGE 4 NOVEMBER 8, 1984 Public Hearing North Texas Land Company (Agenda Item No. V) Chairman Pendleton read the agenda item into the record as follows: "Public Hearing - Consider a zoning request on a 4 acre tract being on Lot 1, Block A, Texet Addition to the City of Allen, Collin County, Texas. This request is for a change in zoning from LI (Light Industrial) to "PD" Planned Development for retaurant and office use located at the northwest corner of the intersection of Highway 5 and Taxer Drive, and is submitted by North Texas Land Company." Nathan Rosen presented the request to the Commission. Also present with Mr. Rosen, was Frank Butler, the architect for the development. Mr. Butler stated that they tried to save the majority of the trees standing on the site at the present time. There will be a 25 foot landscape buffer to the north, 65 foot building set back to the west, large landscape buffer on State Highway 5, and a large landscape buffer on Texet Drive. Chairman Pendleton opened the public hearing. With no one wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. MOTION: Upon a motion by Commissioner Pennington and seconded by Commissioner Armand, the Commission voted 5-1, with the opposing voted being Chairman Pendleton, to approve Agenda Item No. V as submitted. The motion carried. Public Hearing J. Frank Palma (Agenda Item No. VI) Chairman Pendleton read the agenda item into the record as follows: "Public Hearing - Consider a zoning request on a 41.644 acre tract of land located in the William Snyder Survey, Abstract No. 821, Collin County, Texas, and being that 41.644 acre tract as recorded in Volume 672, Page 82, Deed Records, Collin County, Texas, and being further described as the southwest corner of the intersection of F.M. 2170 and F.M. 2551. The request for change in zoning is from AO (Agriculture Open Space) to: (R-5) Residential; (R-4) Residential; (2-F) Duplex; (TH) Townhouse; and (SC) Shopping Center, and is submitted by J. Frank Polma, agent for Harry Seeligson and Roger C. Sullivan." Public Hearing J. Frank Palma (Cont.) Mr. Frank Palma, President of R -Delta, presented the request to the Commission. Chairman Pendleton opened the public hearing. E.T. Boone came before the Commission to speak against the request. He was against the "R-5" zoning that is being proposed. He wasn't against the request for the shopping center, but did feel it should be a little smaller. Dr. Boone asked the Commission for a little buffering with "R-2" and "R-3". Other individuals who spoke against the zoning request were: (All of High Point Estates) ° Joe Perks ° Waverly Hammond ° Dan Jackson ° Lynn Carver All of the residents who spoke against the development were against the "R-5" zoning. With no one else wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Bill Petty spoke to the Commission about the traffic hazard of this intersection. As the intersection is now, it would be a traffic hazard. It is proposed to have a northsouth thoroughfare on the eastern boundary of the City at the corner of F.M. 2551. They are also proposing to tie in Rock Ridge Road to F.M. 2551. The redevelopment of the intersection like this could possibly handle a development of this size, but Mr. Petty stated he could not answer the question of could the intersection handle this development at this time. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Garcia, the Commission voted 6-0 to table the decision on Agenda Item No. VI. The motion carried. The Commission adjourned for a break at 11:09. The Commission reconvened at 11:18. ALLEN PLANNING 6 ZONING COMMISSION PAGE 5 NOVEMBER 8, 1984 Public Hearing J. Frank Palma (Cont.) Mr. Frank Palma, President of R -Delta, presented the request to the Commission. Chairman Pendleton opened the public hearing. E.T. Boone came before the Commission to speak against the request. He was against the "R-5" zoning that is being proposed. He wasn't against the request for the shopping center, but did feel it should be a little smaller. Dr. Boone asked the Commission for a little buffering with "R-2" and "R-3". Other individuals who spoke against the zoning request were: (All of High Point Estates) ° Joe Perks ° Waverly Hammond ° Dan Jackson ° Lynn Carver All of the residents who spoke against the development were against the "R-5" zoning. With no one else wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Bill Petty spoke to the Commission about the traffic hazard of this intersection. As the intersection is now, it would be a traffic hazard. It is proposed to have a northsouth thoroughfare on the eastern boundary of the City at the corner of F.M. 2551. They are also proposing to tie in Rock Ridge Road to F.M. 2551. The redevelopment of the intersection like this could possibly handle a development of this size, but Mr. Petty stated he could not answer the question of could the intersection handle this development at this time. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Garcia, the Commission voted 6-0 to table the decision on Agenda Item No. VI. The motion carried. The Commission adjourned for a break at 11:09. The Commission reconvened at 11:18. Preliminary Plat Bass Development (Agenda Item No. VII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for preliminary plat approval as requested by Bass Development for Fountain Park No. VII. Said request is on approximately 50 acres situated in the Peter Fisher Survey, Abstract No. 324, Collin County, Texas. Further described as being part of the tract of land as described in a deed to L.C. Richards as recorded in Volume 291, Page 176, Deed Records, Collin County, Texas, and further described as being located west of Timberbend Addition, south of Reed School and Reed Park, and east of the Fountain Park Addition." Don Bass, of Bass Development, presented the plat to the Commission. He pointed out that the lots were bigger than required for the "R-5" zoning. He also stated that the open space coming off of Allen Heights Drive will be dedicated for a community facility, bringing the park land all the way out to the street. Bill Petty stated that at the time of final platting we would need to see the right-of-way platted for the continuation of the street to the south of 2170, and would need a detailed study of the flood plain. Also Mr. Petty and Commission was concerned with the alley excess moving traffic from one subdivision to the other. MOTION: Upon a motion made by Commissioner Hoover and seconded by Commissioner Pennington, the Commission voted 6-0 to approve preliminary plat subject to engineer approval, subject to staff recommendation of alley placement, and subject to flood plain study. The motion carried. Final Plat Cottonwood Bend No. 5 (Agenda Item No. VIII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for final plat approval as requested by Don A. Tipton, Inc. for Cottonwood Bend No. 5. Said tract of land is situated in the McBain Jamison Survey, Abstract No. 491, and the R.L. Ingraham Survey, Abstract No. 462, City of Allen, Collin County, Texas, and further being part of three tracts of land conveyed to Landtex Development, a Texas Joint Venture, recorded in Volume 414, Page 453, Volume 1171, Page 280, and Volume 1176, Page 522 respectively in the Collin County Deed Records." ALLEN PLANNING & ZONING COMMISSION PAGE 6 NOVEMBER 8, 1984 Preliminary Plat Bass Development (Agenda Item No. VII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for preliminary plat approval as requested by Bass Development for Fountain Park No. VII. Said request is on approximately 50 acres situated in the Peter Fisher Survey, Abstract No. 324, Collin County, Texas. Further described as being part of the tract of land as described in a deed to L.C. Richards as recorded in Volume 291, Page 176, Deed Records, Collin County, Texas, and further described as being located west of Timberbend Addition, south of Reed School and Reed Park, and east of the Fountain Park Addition." Don Bass, of Bass Development, presented the plat to the Commission. He pointed out that the lots were bigger than required for the "R-5" zoning. He also stated that the open space coming off of Allen Heights Drive will be dedicated for a community facility, bringing the park land all the way out to the street. Bill Petty stated that at the time of final platting we would need to see the right-of-way platted for the continuation of the street to the south of 2170, and would need a detailed study of the flood plain. Also Mr. Petty and Commission was concerned with the alley excess moving traffic from one subdivision to the other. MOTION: Upon a motion made by Commissioner Hoover and seconded by Commissioner Pennington, the Commission voted 6-0 to approve preliminary plat subject to engineer approval, subject to staff recommendation of alley placement, and subject to flood plain study. The motion carried. Final Plat Cottonwood Bend No. 5 (Agenda Item No. VIII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for final plat approval as requested by Don A. Tipton, Inc. for Cottonwood Bend No. 5. Said tract of land is situated in the McBain Jamison Survey, Abstract No. 491, and the R.L. Ingraham Survey, Abstract No. 462, City of Allen, Collin County, Texas, and further being part of three tracts of land conveyed to Landtex Development, a Texas Joint Venture, recorded in Volume 414, Page 453, Volume 1171, Page 280, and Volume 1176, Page 522 respectively in the Collin County Deed Records." ALLEN PLANNING & ZONING COMMISSION PAGE 7 NOVEMBER 8, 1984 Final Plat Cottonwood Bend No. 5 (Cont.) Pat Atkins, of Don Tipton Engineering, presented the plat to the Commission. Also appearing with Mr. Atkins, was Ken Shenault of Land Mark Properties. He stated that the plat has 150 lots with a minimum lot size of 7,500 sq. ft. Bill Petty stated that staff didn't have final engineering review, and that plat was in compliance with approved preliminary plat. Mr. Petty also stated that a stipulation be added that we receive right-of-way and construction plans for Jupiter Road prior to development permit being issued on this for the eastern portion of their part of Jupiter Road from Bethany Drive intersection to the intersection of Chapparal Road. MOTION: Upon a motion made by Commissioner Hoover and seconded by Commissioner Pennington, the Commission voted 6-0 to approve Agenda Item No. VIII with the following stipulations: o Right-of-way plat for Jupiter Road is accepted by staff Staff acceptance on street before development permit is issued The motion carried Final Plat Bethany Plaza (Agenda Item No. IX) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for final plat approval as requested by Ray Blanchard Company, for Bethany Plaza Addition. Said tract of land partly in the William Perrin Survey, Abstract No. 708, and partly in the R. Sewell Survey, Abstract No. 875, Collin County, Texas; and being in the City of Allen, Texas. Further known as being the northeast corner of Bethany Road and Highway 5." Sam Beasley, of Ray Blanchard Company, presented the plat to the Commission. C Bill Petty stated to Mr. Beasley that the City Engineer needed some additional information on the drainage. L ALLEN PLANNING 5 ZONING COMMISSION PAGE 8 NOVEMBER 8, 1984 Final Plat Bethany Plaza (Cont.) MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 6-0 to approve Agenda Item No. IX. The motion carried. Holiday Meetings (Agenda Item No. X) Chairman Pendleton read the agenda item into the record as follows: "Action related to Commission meeting schedule during Holiday Season." Bill Petty stated to the Commission that the second meeting in November would fall on Thanksgiving. He also advised the Commission that he would be unavailable for second meeting in November and December. MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 6-0 to forego second meeting in November and hold regular meeting in December as scheduled. The motion carried. Other Business (Agenda Item No. XI) Chairman Pendleton read the agenda item into the record as follows: "OTHER BUSINESS: Staff update on upcoming procedural changes in platting approvals as related to subdivision ordinance." Bill Petty stated to the Commission that as soon as an ordinance is adopted, Commission will be approving all plats. Adjournment: MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Wilson, the Commission voted 6-0 to adjourn the meeting at 12:35 p.m. The moticarried. These minutes approved on the A& day of , 1984. JWPendleton, Chairman Wayne Armand, Secretary