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Min - Planning and Zoning Commission - 1991 - 05/09 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING MAY 9, 1991 ATTENDANCE: Commission Members Present: Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary John Garcia Douglas Gallagher Jeffery Kelley Commission Members Absent: Eileen Karlsruher, Chairman Citv Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Dave Whitehead, Director of Public Works Sandy Reddick, Secretary CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Acting Chairman Biggs at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. uorum (Agenda Item II) Acting Chairman Biggs announced that a quorum of the Planning and Zoning Commission was present. Approve Minutes April 25, 1991 (Agenda Item III) Acting Chairman Biggs read the agenda item in the record as follows: "Approve minutes of April 25, 1991" MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Gallagher, the Commission voted 5 FOR and 0 OPPOSED to approve the minutes. ALLEN PLANNING h ZONING COMMISSION MAY 9, 1991 PAGE 2 Public Hearing Auto Fuel Company (Agenda Item I1I) Acting Chairman Biggs read the agenda item into the record as follows: "Specific Use Permit - Consider a request for a specific Use Permit for gasoline sales in conjunction with a convenience store to be located at the southwest corner of McDermott Dr. and S.H. 5, and repeal of the existing Specific Use Permit for a tire, battery and accessory use." Acting Chairman Biggs asked if staff had any comments to make before the public hearing opened. Mr. Bill Petty explained to the commission that a Specific Use Permit (SUP) already exists at the corner of F. M. 2170 and S.H 5, and explained that the request contains a provision to repeal the existing SUP. Mr. Petty discussed the flood plain, bridge, and right-of-way requirements. The bridge on S.H. 5 will have to be raised, and the State Highway Department has indicated that 20 Ft. of additional right-of-way will be needed. The North Texas Council of Governments has indicated that 11 Ft, of additional right-of-way will also be needed along F.M. 2170 for the purpose of dual left turn lanes. The right of way will be dedicated at the time of platting. A flood plain study will be required at the time of platting, and the flood plain will be determined. It may be possible that some of this property may be reclaimed. The dedication of the right-of-way and the possible dedication of the flood plain will not take place until the time of platting. Commissioner Garcia inquired about the existing flood plain. Mr. Petty said that, according to the City Engineer, a previous flood plain study on this property was inaccurate. Staff made the following recommendations: 1. If the site plan and SUP is approved, staff requests the flexibility to make minor adjustments to the site plan after the flood plain has been determined. 2. Dedication of right-of-way should be completed at the time of platting. 3. Additional development on Phase II not be approved until platting of the property in question. Commissioner Garcia asked if the commission is also being requested to approve a site plan in addition to a SUP. ALLEN PLANNING k ZONING COMMISSION MAY 9, 1991 PAGE 3 Public Hearing Auto Fuel Company (Cont.) (A¢enda Item III) Mr. Petty said that a site plan is required as part of the submittal when a SUP is requested and is a part of this request. Commissioner Garcia asked about the location of the dumpster in regard to the flood plain. Mr. DeVleer responded by acknowledging that it probably was in the flood plain, and it might have to be moved to another location. Commissioner Garcia asked about the landscaping, and staff responded that the landscaping requirement had been satisfied. Commissioner Garcia asked if the irrigation would be automatic and the proponent responded in the affirmative. Commissioner Biggs opened a public hearing. With no one wishing to speak for or against the request, Commissioner Biggs closed the public hearing. Commissioner Garcia asked about the right-of-way dedication (11 ft. on F.M. 2170 and 20 ft. on S.H. 5) Mr. Petty responded that this issue would be addressed at time of platting. Commissioner Garcia requested that automatic irrigation and landscaping informa- tion be shown on the site plan. Commissioner Fulk asked staff about the subdivision of the property for future Phase II. Mr. Petty recommended that this issue not be a part of this SUP request it ALLEN PLANNING & ZONING CONMIISSION MAY 9, 1991 PAGE 4 Public Hearing Auto Fuel ComDanv (Cont.) (Aeenda Item III Mr. Petty stated that if there is ever development of Phase II, it will require an amendment to the SUP for Phase I. MOTION: A motion was made by Commissioner Garcia to approve the request with the following amendments: 1. The right of way on F. M. 2170 and along S. H. 5 be dedicated at time of platting (11 ft on F.M. 2170 and 20 ft. on S. H. 5). 2. The Commission is not recommending additional development of Phase II at this time. 3. Staff have flexibility of adjusting the location of the design of the site plan when the exact location of the flood plain is de- termined 4. Irrigation noted on the site plan. 5. Landscaping noted on site plan. Commissioner Garcia clarified the fact that this action aban- dons the existing SUP and approves a new SUP for gasoline sales and convenience store. Commissioner Fulk seconded the motion. Commissioner Biggs called for a vote. Upon a vote of 5 FOR and 0 OPPOSED, the motion carried. FINDINGS: 1. Compatible use 2. Fire Marshal approval ALLEN PLANNING & ZONING COMMISSION MAY 9, 1991 PAGE 5 Public Hearing Auto Fuel Company (Agenda Item III) 3. Fuel tanks will be in conformance with state and federal codes 4. Property right of way has been provided 5. landscaping satisfied 6. Dumpster will be relocated if in flood plain 7. No permanent structure in flood plain 8. Curb cuts may not be approved for later development Tom Keener stated that the Commission will consider approval of final plat at the next meeting. Other Business Acting Chairman Biggs asked if there was any other business. Commissioner Garcia welcomed new member, Jeff Kelley. ADJOURN: MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Fulls, the Commission voted 5 FOR and 0 OPPOSED to adjourn the May 9th, 1991 Allen Planning and Zoning Commission meeting at 8:20 p.m. I These minutes approved thl day of �7��, 1991. Act4-41 ��. Eileen Karlsruher, Chairman Kenneth Fulkf Secretary Il�