Min - Planning and Zoning Commission - 1993 - 04/22 - Regular�"'; ALLEN PLANNING & ZONING COMMISSION
E REGULAR MEETING
APRIL 22, 1993
ATTENDANCE
Commission Members Present
Harold Biggs, Vice -Chairman
Douglas Gallagher
Jeffery Kelley
Steve Allen
Noel Crume (arrived 7:32 p.m.)
Commission Members Absent:
John Garcia, Chairman
Kenneth Fulk
City Staff Present:
Tom Keener, Development Coordinator
Sally Leeper, Secretary
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Commissioners present, the Allen Planning & Zoning Com-
mission was called to order at 7:30 p.m. by Chairman Biggs at the Allen Municipal
Annex, City Council Chambers, One Butler Circle, Allen, Texas.
Approve Minutes
April 8, 1993 (Agenda Item II)
Chairman Biggs read the agenda item into the record as follows:
"Approve minutes of April 8, 1993, Regular Meeting."
MOTION: Upon a motion by Commissioner Gallagher and a second by Commis-
sioner Allen, the Commission voted 4 FOR and 0 OPPOSED to approve
the minutes of April 8, 1993, as presented.
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PLANNING & ZONING COMMISSION
APRIL 22, 1993 PAGE 2
Tabled Item
Outdoor Produce Market Agenda Item III)
Chairman Biggs read the agenda item into the record as follows:
"Tabled Item - Consider New and Unlisted Use for Outdoor Produce Mar-
ket."
MOTION: Upon a motion by Commissioner Kelley and a second by Commis stoner
Gallagher, the Commission voted 5 FOR and 0 OPPOSED to remove
Agenda Item III from the table.
Chairman Biggs presented information proposed by the subcommittee at their
recent meeting. They are recommending the following definition:
"Outdoor Produce Market: Business which sells fresh fruit, vegetables,
small plants, flowers, and related perishable food products. Restrictions
would be: 1) no trees, shrubs, or other large vegetation are to be sold; 2)
outdoor sales display shall only be allowed during business operating
hours; 3) permanent outdoor storage shall only be allowed if suitably
screened from view from all directions (screening shall meet all City of
Allen standards); 4) permanent outdoor storage shall not be allowed in the
front half of the property."
The subcommittee is recommending that this use be allowed in the following zoning
districts by right:
Shopping Center
Light Commercial
General Business
Corridor Commercial
Planned Development
Commissioner Crume suggested requiring a Specific Use Permit (SUP) in the
Shopping Center District. Discussion was held regarding the fact that the
definition would cover any foreseeable requirements and eliminate the need for
the SUP.
Commissioner Allen stated that he felt the use is more closely related to Green-
house/Plant Nursery. He suggested that since a Greenhouse/Plant Nursery is
allowed in the Central Business District (CBD), he felt that the outdoor produce
market should be allowed in the CBD.
Commission requested input from City staff regarding the committee's remm-
mendation and Mr. Keener stated that staff concurred with the subcommittee's
proposal.
Commissioner Allen stated that the requirements an outdoor produce market
should be no more strict than those placed on greenhouse/plant nursery. He
PLANNING & ZONING COMMISSION
APRIL 22, 1993 PAGE 3
added that he is not in favor of the proposed definition in that it is too restrictive
and the use is similar to greenhouse/plant nursery.
It was suggested that the Zoning Ordinance Review Committee should consider
this definition in relation to greenhouse/plant nursery.
MOTION: Upon a motion by Commissioner Gallagher and a second by Commis-
sioner Kelley, the Commission voted 3 FOR and 2 OPPOSED to recom-
mend the above definition and zoning districts for Outdoor Produce
Market.
The Commission discussed the fact that the above identified zoning districts
would not preclude the use as temporary in other districts.
FINDINGS:
1. The requirements satisfy all conditions, but it appears to be sufficient to
allow a quality market to open.
2. Staff had reviewed the proposal, and was in agreement with the definition
and use districts.
MINORITY FINDINGS:
1. It was felt the use should be allowed in the Central Business District as it
is not an undesirable business.
2. The restrictions proposed are greater than those required for a green-
house/plant nursery, which is allowed in the CBD.
3. Commissioner Crume stated he felt it should be allowed in Agriculture -Open
Space, and by SUP in the CBD.
4. Commissioner Crume stated he agrees with the definition, but not with the
districts proposed.
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APRIL 22, 1993 PAGE 4
Tabled Item
Dennis J. Koen (Agenda Item IV)
Chairman Biggs read the agenda item into the record as follows:
"Tabled Item - Consider request by Dennis J. Koop for A.C.P. Inc. to
amend Planned Development No. 13 (PD -13) by amending the use regula-
tions on Tract 12 to allow gasoline sales and car wash and requesting site
plan approval for gasoline sales with car wash and convenience store as
accessory uses. The property is described as a tract of land situated in
the R. C. Ingraham Survey, Abstract No. 462, City of Allen, Collin
County, Texas, and further being part of a tract of land referred to as
Tract B, by a deed recorded in Volume 2773, Page 43, of the Land Records
of Collin County, Texas; further described as being located at the south-
east corner of Bethany Drive and Jupiter Road."
MOTION: Upon a motion by Commissioner Crume and a second by Commissioner
Kelley the Commission voted 5 FOR and 0 OPPOSED to remove Agenda
Item IV from the table.
Mr. Keener stated that Mr. Keep has indicated that he is unwilling to compromise
on the issue of curb cuts and is not present at this meeting. The Commission
discussed whether the issue of curb cuts was in fact a problem.
MOTION: Upon a motion by Commissioner Crume and a second by Commissioner
Gallagher, the Commission voted 3 FOR and 2 OPPOSED to deny the
request by Mr. Dennis J. Keep to amend Planned Development No. 13
and the request for site plan approval.
FINDINGS:
1. The client was unwilling to work with the Commission on the issue of curb
cuts.
2. The client did not appear at this meeting.
The existing curb cuts were designed at the time of site plan approval for
Food Lion.
MINORITY FINDINGS:
Commissioner Kelley stated that after further consideration, he felt that
the curb cuts issue was possibly not a safety issue.
2. Commissioner Allen stated that he felt that any user in this location will be
requesting additional curb cuts.
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APRIL 22, 1993 PAGE 5
Preliminary Plat
Shadow Lakes North (Agenda Item V)
Chairman Biggs read the agenda item into the record as follows:
"Preliminary Plat - Consider preliminary plat approval for Shadow Lakes
Limited Partnership on Shadow Lakes North, being 42.7 acres out of the
John Davis Survey, Abstract No. 255, in the City of Allen, Collin County,
Texas; further described as being south of Main Street and east of South
Fountain Gate Drive."
Mr. Richard Hovas, Tipton Engineering, and Mr. Jim Douglas, Douglas Proper-
ties, were available to present the request to the Commission. Mr. Hovas stated
that the developer will be constructing the full 37' of South Fountain Gate Drive
with this development, rather than only the 24' that is required of them. He
stated that grass pavers will be used in the middle col -de -sac in accordance with
the request of the Fire Marshal. Right-of-way for F.M. 2170 will be dedicated
with this plat. The plat reflects the alley waivers allowed through the zoning
process. The hike and bike trail will be constructed at 8 feet.
Commissioner Allen questioned whether sidewalks would be required along Allen
Heights Drive and South Fountain Gate Drive. Mr. Douglas stated they will be
constructing all of South Fountain Gate and the sidewalks along the east side of
the street on their property. All landscaping along the right-of-way will be
sprinklered and maintained by homeowners.
Access to the trail system will be from Allen Heights Drive and from F.M. 2170.
The trail connects to Bethany Lakes Park. Mr. Douglas suggested he would be
willing to construct the sidewalk from the Allen Heights curb cut to the linear
park at 8 feet wide.
MOTION: Upon a motion by Commissioner Gallagher and a second by Commis-
sioner Crume, the Commission voted 5 FOR and 0 OPPOSED to ap-
prove the preliminary plat for Shadow Lakes North with the require-
ment that Joann Place be vacated and the 8 -foot sidewalk be con-
structed from Lot 71 to Lot 68.
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{ APRIL 22, 1993 PAGE 6
Final Plat
Heritage Park III -3 (Agenda Item VI)
Chairman Biggs read the agenda item into the record as follows:
"Final Plat - Consider final plat approval for D. R. Horton, Inc. on Heri-
tage Park III -3, being 23.8 acres out of the R. C. W'hisenant Survey,
Abstract No. 1012, City of Allen, Collin County, Texas, and further being
part of a 31.3831 acre tract of land conveyed to Allen/Heritage Park 110 Lot
Joint Venture, a Texas Joint Venture by deed recorded in clerk's file
number 92-0086711 of the Land Records of Collin County, Texas, subject
tract also being part of a 54.1508 acre tract of land conveyed to America
Financial, LTD, a Texas limited partnership by deed recorded in clerk's
file number 92-0086710 of said Land Records of Collin County, Texas;
further described as being located south of Bethany Drive and east of Cot-
tonwood Creek."
Mr. Richard Hovas, Tipton Engineering, was present to represent the request.
Mr. Keener stated that Commissioner Fulk had requested by telephone that alleys
did not empty into Harvard or Winslow. Mr. Hovas stated that the proposed plan
is consistent with the approved preliminary plat. They have been constructing
this subdivision in phases.
Mr. Keener stated that this final plat is consistent with the preliminary plat. He
added that the City Engineer has indicated verbal approval of the plat.
MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner
Crume, the Commission voted 5 FOR and 0 OPPOSED to approve the
request for final plat on Heritage Park III -3 with the approval of the
City Engineer.
Workshop
Subdivision Ordinance (Agenda Item VII)
Chairman Biggs read the agenda item into the record as follows:
"Workshop - Consider Revisions to Subdivision Ordinance."
This agenda item was not considered at this time.
Other Business:
Mr. Keener advised that since there did not appear to be any new cases for the
next agenda, the main item for the Commission will be the Subdivision Ordinance.
PLANNING & ZONING COMMISSION
APRIL.9, 1993 PAGE 7
as
Adjourn:
MOTION: Upon a motion by Commissioner Crume and a second by Commissioner
Gallagher, the Commission voted 5 FOR and 0 OPPOSED to adjourn
the April 22, 1993, meeting of the Planning & Zoning Commission at
8:40 p.m.
These minutes approved this day of
1993.
hn Garcia, Chairman U Kenneth Ful�ecretary
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