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Min - Planning and Zoning Commission - 1989 - 08/10 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 10, 1989 ATTENDANCE: Commission Members Present: Wayne Armand, Chairman Eileen Karlsruher, Vice -Chairman Harold Biggs, Secretary Melissa Owen Kenneth Fulk John Garcia Commission Members Absent: Douglas Gallagher City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Armand at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes July 13, 1989 (Agenda Item II) Chairman Armand read the agenda item into the record as follows: "Approve minutes of July 13, 1989, Regular Meeting." MOTION: Upon a motion by Commissioner Karlsruher and a second by Commissioner Fulk, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of August 10, 1989, as presented. PLANNING & ZONING COMMISSION AUGUST 10, 1989 PAGE 2 Public Hearing Diamond Shamrock (Agenda Item III) Chairman Armand read the agenda item into the record as follows: "Public Hearing - Consider a request for a Specific Use Permit for gasoline sales and an auto laundry as incidental uses to a convenience store with Site Plan approval at property located at the southeast corner of F.M. 2170 and S.H. 5 for Diamond Shamrock. The property is a tract of land out of the David Wetsel Survey, Abstract No. 977, in the City of Allen, Collin County, Texas, and being the northwest corner of a called 21.2469 acre tract of land conveyed to LPC Joint Venture in deed recorded February 26, 1988 in Volume 2792, Page 956 of the deed records of Collin County, Texas; further described as being located at the southeast corner of F.M. 2170 and S.H. 5." Mr. Keener provided the Commission with the letter from Council of Governments regarding the intersection improvements and traffic study. Mr. Keener discussed the importance of this intersection to the City of Allen, the issue of curb cuts, and median cuts. He emphasized that the decision tonight is on the specific tract in question rather than the entire property. He discussed the issue of right-of-way being required for the reconstruction of F.M. 2170 and S.H. 5. The proponent has proposed landscaping of 13.8% which is in excess of that required by the City's Zoning Ordinance. The parking requirements are satisfied. The final decision regarding median cuts will be made by the State Highway Department. Mr. Keener added that staff is recommending three conditions be applied to this specific use permit request. They are as follows: The Specific Use Permit for the tract will not activate until the final right- of-way dedication (S.H. 5 and F.M. 2170 for entire tract) has been accepted by the City. The concept plan for the curb cuts is to be considered when the remaining portion of this tract develops. The placement and spacing of median cuts will be determined by the State Highway Department and City Staff when the respective highways are reconstructed. R ALLEN PLANNING & ZONING COMESSION AUGUST 10, 1999 PAGE 3 Public Hearing Diamond Shamrock (Continued) (Agenda Item III) Commissioner Garcia questioned the number of turn lanes being made available and Mr. Petty addressed this question. He advised that dual left turn lanes and an exclusive right -turn lane is made available by the proponent's dedication along S.H. 5. He discussed the planned intersection improvements and added that the final decisions regarding turning lanes on the State highways will be made by the State Highway Department. Mr. Keener stated that the Fire Marshal has examined this tract and advised that fire lanes will not be necessary because of the access from two major thorough- fares. Chairman Armand opened the public hearing. Mr. Rodney Smith, Real Estate Representative for Diamond Shamrock, 9702 Brockbank, Dallas, spoke in favor of the request as a representative of Diamond Shamrock. Chairman Armand requested that the air conditioning unit be screened from view. 1 Commissioner Garcia questioned the height of the dwarf Buford Hollies shown on the plan and whether they would grow to become a visual obstruction for traffic. Mr. Smith advised that they should only grow to be 18 to 20" in height. Mr. Smith also advised that the vacuum system shown on the site plan is only for possible future use. With no one else wishing to speak for or against this request, Chairman Armand closed the public hearing. Commissioner Garcia suggested that the gasoline sales would be compatible to surrounding uses. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Owen, the Commission voted 6 FOR and 0 OPPOSED to approve the request with the stipulation that 1) the Specific Use Permit for the tract will not activate until the final right-of-way dedication (S.H. 5 and F.M. 2170 for entire tract) has been accepted by the City; 2) the concept plan for the curb cuts is to be considered when the remaining portion of this tract develops; 3) the placement and spacing of median cuts will be determined by the State Highway Department and City Staff when the respective highways are reconstructed; 4) the air conditioning unit will be screened from view. I ALLEN PLANNING b ZONING COMMISSION AUGUST 10, 1989 PAGE 4 Public Hearing Diamond Shamrock (Continued) (Agenda Item I1I) FINDINGS: 1. Necessary right-of-way for S.H. 5 and F.M. 2170 is to be dedicated. 2. Traffic intersection improvements will provide for level of service C. 3. The request meets all Subdivision and Zoning Ordinance regulations regarding landscaping and parking. 4. The request is compatible with the surrounding property. 5. The Fire Marshal has reviewed the plan and fire lanes are not necessary because of the proximity to two major thoroughfares. Final Plat James Addition (Agenda Item IV) Chairman Armand read the agenda item into the record as follows: "Final Plat - Consider final plat approval for James Addition, requested by James A. Duke; situated in the City of Allen, Collin County, Texas, in the James L. Read Survey, Abstract No. 758 being part of Lots 3, 4, 5, and 6, Block J of the Old Donation to the City of Allen and being part of a 3.181 acre tract of land that was conveyed to the First Baptist Church of McKinney, Texas, by Doyle Samuell Stacy and Dorothy Ann (Stacy) Wood in Deed recorded in Volume 2766, Page 357 of the Land Records of Collin County, Texas; further described as being located south of Main Street and east of Cedar adjacent to the existing Dairy Queen." Mr. Keener presented the plat to the Commission. He confirmed that this is the car wash property (Mr. James Duke) which was recently approved by the City Council for Specific Use Permit. MOTION: Upon a motion by Commissioner Karlsruher and a second by Commissioner Owen, the Commission voted 6 FOR and 0 OPPOSED to approve the Final Plat for James Addition. Other Business: (Agenda Item V) Mr. Keener advised the Commission that the City has recently received inquiries regarding the operation of Bingo in the City. He requested that the Commission give consideration to whether this use is currently covered under Indoor Amusement in the Schedule of Uses, or whether it would need to be considered as a New and Unlisted Use. He suggested that the Commission consider this issue so that the City will be prepared if a request comes forward. F H ALLEN PLANNING & ZONING CO1NMISSION AUGUST 10, 1989 PAGE 5 Other Business (Continued) (Agenda Item V) Mr. Keener further advised that there are no items at this time for the next agenda. Chairman Armand questioned whether action will be taken on the Subdivision Ordinance review the year and Mr. Keener stated yes. Adjourn: MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Falk, the Commission voted 6 FOR and 0 OPPOSED to adjourn the August 10, 1989, meeting of the Planning & Zoning Commission at 8:10 P.M. These minutes approved this day of 1989. u' Wayne L `Armand, Chairman Harold Biggs, ecretary