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Min - Planning and Zoning Commission - 1990 - 11/08 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING NOVEMBER 8, 1990 ATTENDANCE: Commission Members Present Eileen Karlsruher, Chairman Harold Biggs, Vice -Chairman Melissa Owen Kenneth Fulk, Secretary John Garcia Mike Nichols Commission Members Absent: Doug Gallagher City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator 1 Sally Leeper, Secretary CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Karlsruher at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes October 25, 1990 (Agenda Item II) Chairman Karlsruher read the agenda item into the record as follows: "Approve minutes of October 25, 1990, Regular meeting." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Owen, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of October 25, 1990, as presented. I PLANNING & ZONING COMMISSION NOVEMBER 8, 1990 PAGE 2 Public Hearing John R. Landon/Pennington (Agenda Item III) Chairman Karlsruher read the agenda item into the record as follows: "Public Hearing - Consider a request to change the current zoning from Agriculture -Open Space (A -O) to Planned Development -Residential (PD -R) zoning as requested by Mr. John R. Landon representing Mr. Jack Pen- nington. The property is described as being a 1.92 acre tract of land located in the George W. Ford Survey, Abstract No. 328, more particularly described as being located south of Park Place Drive and east of Heritage Parkway." Mr. Pat Atkins of Don Tipton Engineering presented the proposal to the Commis- sion. The request involves 1.92 acres owned by Mr. Jack Pennington, which is directly south of the 13.9 acre Planned Development No. 48 recently approved. The use and area regulations for this 1.92 acres are the same as for the original 13 acres. Mr. Atkins discussed the problem of looping the alley around the rear of the third 1 cul-de-sac in the original PD, and the problem of losing a great number of trees if the alley is looped as originally designed. Proponent is requesting that the alley for Lot 16 be removed in order to save the trees, thereby requiring this lot to have a front entry drive with side or rear entry garage. Mr. Atkins explained that the proponent is attempting to connect the original 13 acres and this 1.92 acres into one planned development. Mr. Atkins discussed the cul-de-sac design on this 1.92 acres. The original intent was to provide for a temporary easement on the eastern two lots for a turn- around; however, staff has requested that this be made a permanent cul-de-sac until such time as the property to the east develops. The intent would be to develop this street as a through street at that time and dedicate the excess property from the turnaround back to the owners of the two lots in question at that time. This permanent cul-de-sac requires smaller lots for the two eastern- most lots, nos. 4 and 5. Mr. Atkins explained that the purchasers of the lots in question would be made aware of the fact that the cul-de-sac might at some future time be removed and the excess property dedicated to them. He stated that language as to this situation will be added to the planned development ordinance, and also to the deed restrictions on the property. Chairman Karlsruher opened the public hearing. Mr. Chris Snodgrass, 735 Heritage Parkway, owner of the property imme- diately south of the 1.92 -acre proposal, expressed concern over protection of his property from the development. He desires that consideration be given to minimizing the effect of the new development on his property. He requested a screening wall be placed along the south line of the proposed PLANNING & ZONING COMMISSION NOVEMBER 8, 1990 PAGE 3 Public Hearing John R. Landon/Pennington (Cont.) (Agenda Item III) development. The public access easement he uses at this time to access his property will become the alley of the new property, and this alley does not exit into Heritage Parkway. He is asking that the developer reconstruct his driveway. He is prepared to allow the developer to use his existing property for this driveway. Mr. James Brazeal, Route 1, Allen, owner of the property immediately east of the subject property, spoke in favor of the proposal. He stated it mini- mizes the loss of trees. He stated he plans to replace the cul-de-sac with a through street into his property when he develops his 7 acres. He stated that his property fronts on Allen Heights, across Mustang Branch, and requested that the potential homeowners be made aware of the plan to extend the cul-de-sac into his property. Commissioner Garcia asked Mr. Brazeal what type of emergency access he has to his property at this time. He stated that it is through the white rock easement at this time; however, after this development is complete, access would be through ® the alley of the third cul-de-sac onto a road which he will provide on his property. He added that this access will be superior to what he currently has for emergency protection. Mr. Atkins stated that the proponent will work with the adjacent property owners until they are satisfied with the results. Chairman Karlaruher closed the public hearing. Mr. Petty explained that the request is to change the zoning on the 1.92 acres to be included in the existing planned development. Staff is not making a recom- mendation on the variance request on the alley for Lot 16; however, it is noted that construction of this alley would necessitate the removal of a large number of trees. He added that the cul-de-sac on the 1.92 acres is needed until the property to the east is developed. The two lots involved are being reduced in size and the front building line is being reduced to 20 feet from 25 feet. He added that it is imperative that purchasers of these lots be advised that the cul-de-sac may become a through street in the future, and the excess property dedicated to the owners of those lots. Mr. Petty stated that if screening is used on the south, it will have to be outside the alley right-of-way and on Mr. Snodgrass' property. Language will need to be added to the deeds on these eight lots that indicates the fact that the cul-de-sac may become a through street at a future date. He added that the City will issue a permit for Mr. Snodgrass to construct a new driveway off of Heritage Parkway. The City of Allen will not maintain any screening to the south of the property, as it will be located on private property. He added that information regarding the possible change to the cul-de-sac should be included as a covenant running with the land that any time property changes hands the new owner is made aware of the situation. PLANNING & ZONING COMMISSION NOVEMBER 8, 1990 PAGE 4 Public Hearing John R. Landon/Pennington (Cont.) (Agenda Item III) Commissioner Nichols stated he was not comfortable with an approval of the plan until the details are established with Mr. Snodgrass. Mr. Petty stated that language could be added to the planned development that would require the screening details be established before acceptance of the subdivision. Commissioner Owen stated she would want to be assured of the protection for Mr. Snodgrass and Mr. Brazeal for access to their properties. The Commission discussed the possibility of tabling the request until the propo- nent and Mr. Snodgrass can reach an agreement on the above issues. Mr. Atkins stated that the proponent and Mr. Snodgrass will meet within the next two weeks and resolve the questions raised during this meeting. It was noted that the Commission will not have a meeting on Thanksgiving and a 1 decision was reached that a special called meeting could be held to hear this request. The Commission reached a consensus that the variance for the alley on Lot 16 was acceptable. Mr. Brazeal again stated that access to his property is continuing to improve as this property develops. Mr. Petty recommended that the proponents return to the Commission with the appropriate language to be attached to the eight lots in question. Commission Fulk expressed concern over the cul-de-sac situation. He discussed alternatives to construction of a cul-de-sac. He added that his objection is specifically to the small lots required by the construction of the cul-de-sac. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Fulk, the Commission voted 6 FOR and 0 OPPOSED to table the request until. November 29, 1990, at 7:30 p.m. PLANNING & ZONING COMMISSION NOVEMBER 8, 1990 PAGE 5 Final Plat Fina Oil & Chemical (U.S. 75) (Agenda Item IV) Chairman Karlsmher read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Lot 1, Block 1, Perrin Addi- tion, for Fina Oil & Chemical, being a tract of land located in the William Perrin Survey, Abstract No. 708, Collin County, Texas, recorded in Volume 906, Page 165 of the Deed Records of Collin County, further described as being located at the southeast corner of U.S. 75 and McDermott Drive (F. M. 2170)." Mr. Keener advised that the City Engineer has approved the engineering for this site. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Owen, the Commission voted 6 FOR and 0 OPPOSED to approve the final plat for Fina Oil & Chemical located at U.S. 75 and McDermott. Final Plat Fina Oil & Chemical (S. H. 5) (Agenda Item VI) Chairman Karlsruher read the agenda item into the record as follows: "Final Plat - Consider final plat approval of Lot 1, Block 1, Cottonwood Creek Village Shopping Center No. 3, for Fina Oil & Chemical, being a tract of land situated in the City of Allen, Collin County, Texas, being all of Cottonwood Creek Village Shopping Center No. 3 per plat recorded in Cabinet C, Slide 181 of the Deed Records of Collin County, Texas; further described as being located north of F. M. 2170 west of S. H. 5." Mr. Keener advised that the plat contains the necessary 5 -foot dedication for the reconstruction of S. H. 5. Engineering is approved for this property. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Nichols, the Commission voted 6 FOR and 0 OPPOSED to approve the final plat for Fina Oil & Chemical located on S.H. 5. Other Business: Mr. Keener advised that consideration of the Subdivision Ordinance will be continued at the December 13, 1990 meeting. Chairman Karlsruher advised the Commissioners that the annual boards and commission dinner is scheduled for December 11, 1990. PLANNING ✓E ZONING COMMISSION NOVEMBER 8, 1990 PAGE 6 Adjourn: MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Fulk, the Commission voted 6 FOR and 0 OPPOSED to adjourn the November 8, 1990, meeting at 8:40 p.m. r These minutes approved this e26) day of ' IV . J , 1990. ileen Karlsruher, Chairman r; Kenneth Fulk, Secretary