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Min - Planning and Zoning Commission - 1994 - 05/12 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING MAY 12, 1994 ATTENDANCE: Commission Members Present John Garcia, Chairman Kenneth Fulk, Secretary Steve Allen Noel Crume Commission Members Absent: Douglas Gallagher, Vice -Chairman Harold Biggs Jeffery Kelley City Staff Present. Tom Keener, Development Coordinator George Conner, Director of Public Works Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:37 p.m, by Chairman Garcia at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes Aoril 28. 1994 (Agenda Item 111 Chairman Garcia read the agenda item into the record as follows: "Approve minutes of April 28, 1994, Regular Meeting." MOTION: Upon a motion by Commissioner Allen and a second by Commissioner Falk, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of April 28, 1994, as presented. L, PLANNING & ZONING COMMISSION May 12, 1994 PAGE 2 Tabled Item Shadow Lakes North Phase 2 (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Tabled Item - Consider a request by Douglas Properties to amend Planned Development No. 33 by reducing the Shopping Center Tract from approximately 17.44 acres to approximately 3.37 acres. The request is to change the zoning on 14.07 acres to single family. The property is described as 14.07 acres of land situated in the John David Survey, Abstract No. 255 and the J. A. Taylor Survey, Abstract No. 908, City of Allen, Collin County, Texas; further described as being located southwest of F.M. 2170 and west of South Allen Heights Drive." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 4 FOR and 0 OPPOSED to remove Agenda Item IH from the table. Mr. Keener advised that staff had received a letter from the proponent regarding the open space requirement issue. The proponent indicated that 6.818 acres were dedicated in Phase 1. There remains a dedication requirement of approximately 'A acre. They also advised that screening will be provided along F.M. 2170 consistent with that in Phase 1 (wood with brick columns). They further indicated that they will provide an emergency access gate on the middle cul-de-sac. Mr. Pat Atkins, Tipton Engineering, representing Douglas Properties, discussed issues of retail zoning on this area. He reviewed the history of this property from the 1986 zoning to the present. He discussed the amenities that Douglas Properties has provided in this area, as well as the construction of South Fountain Gate Drive. He discussed the fact that the current rezoning on the surrounding property has resulted in the establishment of single family residential development. Mr. Atkins added that Douglas Properties has recently acquired the 17 acres to the east of the creek and are requesting that this property be rezoned to be compatible with the single family to the east, west, and south. He stated that there is a concentration of commercial at the intersection of F.M. 2710 and Allen Heights Drive. He reviewed information from the Comprehensive Plan regarding the distribution of residential and commercial acres within the neighborhood districts. Mr. Atkins provided information provided by the Chamber regarding number of square fear of commercial occupied and unoccupied. He also reviewed the proposed concept plan and advised that additional open space will be dedicated to meet the requirements of the ordinance. Mr. Douglas discussed the need for single family before there is support for retail. He discussed the fact that the overall density is actually being reduced by 69 units in the entire tract. He discussed the fact that the composition of this corridor has changed considerably since the original zoning. Chairman Garcia reviewed concerns of the Commission from the previous meeting. A PLANNING & ZONING COMMISSION May 12, 1994 PAGE 3 Tabled Item Shadow Lakes North Phase 2 (Cont.) (Agenda Item III) Commissioner Fulk questioned the acreage of the shopping center located to the north of F.M. 2170, and Mr. Keener advised it was approximately 5 acres. Commissioner Falk added that he felt that the request represented downzoning and he was not in agreement with that concept. He stated he feels this corner is better suited for retail, multi -family, or garden office. Commissioner Crume stated that he was opposed to downzoning the property He stated that 3+ acres would not be adequate retail at this intersection. Commissioner Allen added that he felt there should be a compromise available, and that the original zoning on this entire tract was incurred during a different economic time. Mr. Douglas questioned whether the Commission would prefer to see the retail the same size as that across F.M. 2170 (approximately 5 acres). Commissioner suggested the possibility of keeping the frontage along F.M. 2170 and increasing the house size in the single family. Mr. Douglas suggested the retail could be increased to 5 acres. Mr. Keener added that this site may not lend itself to attract a major anchor because of its shape. He suggested that 5 acres may not be a significant difference. Chairman Garcia added that he feels that F.M. 2170 and Allen Heights will be a major intersection, and he would prefer to see the commercial remain at this location. The Commission discussed the possibility of tabling the request to allow the full Commission to consider the request. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 4 FOR and 0 OPPOSED to table Agenda Item III. PLANNING & ZONING COMMISSION May 12, 1994 PAGE 4 Public Hearing Cottonwood Square (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Bass Development Company to amend Planned Development No. 13 by reducing the Shopping Center Tract (Food Lion) located on the southeast comer of Jupiter Road and Bethany Drive from approximately 9.5 acres to approxi- mately 7 acres. The request is to change the zoning on 2.65 acres to single family, with proposed use and area regulations similar to the existing Garden Home District. The property is described as 2.6544 acres 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 453, of the Land Records of Collin County, Texas; further described as being located at the southeast corner of Bethany Drive and Jupiter Road." Mr. Keener presented the request to the Commission. He advised staff had questioned whether there would be sufficient lot depth on the lots without alleys to comply with the storage requirements of the Subdivision Ordinance. He indicated the following staff concerns: 1. The request represents downzoning of the property. 2. The concept plan allows for a residential street to connect directly to a thoroughfare. 3. There is only point of access provided. 4. There is a question as to the distance between the planned curb cut and the existing one at the Food Lion Shopping Center. The Commission had turned down an additional curb cut into this area when the site plan for Food Lion was approved. Mr. Keener advised that the request includes site plan approval. The Fire Marshal has reviewed and approved the site plan. Mr. Don Bass, owner of the subject property, 9330 LBJ Freeway, Dallas, reviewed the history of this property, as he was the original owner of the 409 acres of Cottonwood Bend. He discussed the process by which he has gained ownership of this property, and the situation with the taxes owed on the property Chairman Garcia opened the public hearing. Mr. Pat Atkins, Tipton Engineering, representing Don Bass, indicated they have reviewed the property thoroughly The distance between the existing curb cut at the Food Lion and the proposed curb cut for the development is approximately 350' He added that the front entry product should work with 105' depth proposed on the property. PLANNING & ZONING COMMISSION May 12, 1994 PAGE 5 Public Hearing Cottonwood Square (Agenda Item IV) With no one else wishing to speak for or against the request, Chairman Garcia closed the public hearing. Commissioner Fulk questioned access to the homes on the west. Mr. Atkins indicated that 10 lots are accessed by alley; the remaining 6 will be front entry with no alley. Screening will be provided along the western boundary. Commissioner Allen indicated that he would be abstaining from this issue, although he had not previously filed an abstention form. At this time he removed himself from the bench. Staff advised Chairman Garcia that without Commissioner Allen, there would no quorum to continue the meeting, and suggested that Commissioner Allen return to the bench in order to maintain a quorum for the purpose of tabling this agenda item. Commissioner Allen returned to the bench. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 4 FOR and 0 OPPOSED to table Agenda Item IV Public Hearing Allen North Phase 2 (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Land Advisors, Inc. for G & B Dallas Equisites, Inc. to rezone 66.1464 acres from Residential (R-4) to Residential -Deed Restricted (R-5/DR) and 12.7060 acres from Local Retail (LR) to Shopping Center (SC). The property is located in the J.T. Roberts Survey, Abstract No. 777 and the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; further described as being located at the northeast comer of S.H. 5 and Exchange Parkway " Mr. Keener presented the request to the Commission. He stated that the northern two lanes of Exchange will be constructed with this development. The property was originally zoned in 1972 with Local Retail in the comer , and the remainder Residential -4. The proponent is requesting Shopping Center uses to replace the Local Retail, and R-5, Deed Restricted to 1500 square foot homes on the remainder. He added that the Shopping Center uses are less restrictive. This location would be appropriate for Shopping Center uses because it is at the comer of two major thoroughfares and is identified as commercial on the Comprehensive Plan. The property to the north of the Shopping Center tract is zoned MF -1, and is being developed as Garden Home. PLANNING & ZONING COMMISSION May 12, 1994 PAGE 6 Public Hearing Allen North Phase 2 (Cont.) (Agenda Item V) The current R-4 zoning on the residential allows for minimum 1400 square foot homes and 9000 square foot lots. The request would reduce the minimum lot size requirement for lot size to 7500 feet, but increase the minimum house size to 1500 by deed restrictions. The request is consistent with the zoning to the south. To the north is Buckingham Polo Estates. Staff recommended that references to the specific width of right-of-way to be dedicated for Exchange be eliminated from the request in order to allow for the appropriate amount to be delineated at the time of platting. Mr. Keener discussed the need for the alignment of Exchange to be consistent with S.H. 5. He reviewed the traffic study and the review by Hunter & Associates. All of the recommendations made by Hunter have been agreed to by the proponent. Mr. Dan Tomlin III, proponent, advised he was available to answer questions. Mr. Michael Cummings, Cummings & Pewitt, advised that the right-of-way recommendation is agreed to. They will dedicate sufficient right-of-way for 110'. He added that there is currently a facilities agreement filed with the City on this property to cover improvements to Exchange. He stated that with the layout of the streets that they are proposing, the density will be 3.5 or less, which is less than allowed in R-5 or R-4. Chairman Garcia opened the public hearing. Ms. Shelba George, Rt 1, Box 1955, Mt. Pleasant, Texas, owner of 807 and 909 N. Greenville Ave Allen, questioned the size of the homes. She was advised that the request is for a minimum 1500 square foot homes. Mr. Rick Allen, 150 Buckingham, expressed concern regarding building a larger home on smaller lots. He opposed the smaller lots. Mr. Clyde Vaughn, 1110 Roaring Springs Drive, Allen, expressed concern regarding downsizing of the lots. He questioned construction of the homes. He is opposed to the request. Staff advised that the zoning ordinance requires 75% masonry construction, the same as the remainder of the city Mr. Fred Lindstrom, 1114 Candlewood Drive, questioned whether the homes might likely be larger than the minimum allowed of 1500 square feet. Mr. Tomlin advised their intent is to build homes from $110,000 to $220,0000, with sizes ranging from 1800 to 2500 square feet. The request to change the lot size is market driven. Mr. Lindstrom questioned the street layout, and Chairman Garcia advised that the layout would be considered at the time of platting. He questioned when the construction of homes would begin. Mr. Tomlin stated that it is their intention to begin construction in 8 to 10 months. I PLANNING & ZONING COMMISSION May 12, 1994 PAGE 7 Public Hearing Allen North Phase 2 (Cont.) (Agenda Item V) Mr. Michael Dennistoun, 10 Lawn Meadow Cove, expressed concern regarding increased traffic from the Shopping Center tract and the traffic problems existing today to the south on S.H. 5. Chairman Garcia closed the public hearing. The Commission discussed the merits of the request. Mr. Cummings advised that consideration is being given to leaving the tree line to the north, and not having an alley in that area. He stated he would make a commitment to leave the tree line if the Commission desired that at this time. Commissioner Fulk stated that he does not have a problem with the proposed lot or house size because of the adjacent development. Commissioner Crume stated he is opposed to downsizing the lot size. He would be in favor of the Shopping Center. Commissioner Allen indicated that the lot size was not a problem, but the quality of the housing that is built. The Shopping Center is appropriate. Chairman Garcia stated that he was opposed to the downsizing of the lots. The City needs a mix of mill housing, and he prefers to leave the R-4 zoning on the property. He agrees to the Shopping Center designation on the retail tract. Mr. Cummings added that the proposal includes less density than allowed in R-4. Mr. Keener added that the smaller lot size allows flexibility in the design of the subdivision. Mr. Cummings suggested that they are willing to restrict the property to the density of R-4, but need the flexibility of the smaller lot size for design purposes. Mr. Keener added that the Commission has the option of designating the zoning as a Planned Development, whereby they would have the authority to establish minimum densities. Commissioner Fulk suggested that allowing flexibility would end up with a mix of large lots and small lots. He preferred to see the larger lots to the north because of Buckingham Estates. Commissioner Crume agreed with the need for a transition from the north to the south, with larger lots to the north. Mr. Cummings stated that they would agree to build 9000 square foot lots on the north property line. Commissioner Crume and Chairman Garcia stated that they would prefer a full transition. Mr. Keener suggested a strip of R-4 zoning on the north; or zone the property as a Planned Develop- ment. PLANNING 11 ZONING COMMISSION �1 May 12, 1994 PAGE 8 Public Hearing Allen North Phase 2 (Cont.) (Agenda Item V) Commissioner Crume suggested that the proponent work with staff and bring an additional proposal to the next meeting. Mr. Keener advised the Commission that major portions of Buckingham Estates is currently zoned as R-5. Commissioner Allen discussed the fact that the density proposed will be less than allowed in R-5, recognizing that R-5 does not address specific density. The Commission indicated that the members present did not have a concern regarding the proposed Shopping Center. MOTION: Upon a motion by Commissioner Folk and a second by Commissioner Crume, the Commission voted 3 FOR and 1 OPPOSED to table Agenda Item V. Commissioner Allen voted against the motion. Final Plat E" Flossie Floyd Green Elementary {Agenda Item VII ■il Chairman Garcia read the agenda item into the record as follows: "Final Plat - Consider final plat approval for the Allen Independent School District (AISD) on Flossie Floyd Green Elementary School, being a 10 -acre tract of land situated in the James W. Parsons Survey, Abstract No. 704, City of Allen, Collin County, Texas, also being a portion of that certain land described in a deed to Briar Ridge Investments, Inc., from Resolution Trust Corporation executed July 14, 1992, County Clerk No. 0047288; further described as being located south of Comanche Drive and west of Alma Drive." Mr. Keener presented the request to the Commission. He stated that the request is in conformance with the approved zoning on the property, and staff recommends approval. Commissioner Allen expressed concern regarding drainage onto the adjacent park site. Mr. Bobby Curtis stated that this property will not drain to the park, but to the south. Mr. Comer advised that this was correct, and the drainage is appropriate. MOTION: Upon a motion by Commissioner Allen and a second by Commissioner Crume, the Commission voted 4 FOR and 0 OPPOSED to approve the final plat for Flossie Floyd Green Elementary I PLANNING & ZONING COMMISSION May l2, 1994 PAGE 9 V Final Plat Twin Creeks Phase 2-C (Agenda Item VIII Chairman Garcia read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Arvida JMB Acquisitions, Inc. on Twin Creeks Phase 2-C, being a 38.401 -acre tract of land situated in the lames W. Parsons Survey, Abstract No. 704, in the City of Allen, Collin County, Texas, also being a portion of that certain tract of land conveyed to Briar Ridge Investments, Inc., by deed from Resolution Trust Corporation executed July 14, 1992, further described as being located west of Alma Drive and north and east of Twin Creeks Phase One." Mr. Keener presented the request to the Commission. Staff recommends approval of the plat. Mr. Brad Meyer, Carter & Burgess, advised that funds will be escrowed for Alma Drive through the facilities agreement requirements. He indicated that he would correct the north arrow direction. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Allen, the Commission voted 4 FOR and 0 OPPOSED to approve the final plat for Twin Creeks Phase 2-C. i Landscape/Tree Preservation Ordinance Mr. Keener provided the Commission with a preliminary, partial draft of a Tree Preservation Ordinance. Chairman Garcia indicated to staff that he would very much like to have the entire draft of the Tree Preservation Ordinance and the Landscape Ordinance prepared for the next meeting. OTHER BUSINESS: Mr. Keener advised that and additional zoning request by Mr. John Green on Planned Development No. 52 will be on the next agenda. He advised he is meeting with the Mesa Group regarding the Utal Tract, and updated the Commission regarding a meeting he attended for the Collin County Open Space Committee. ADJOURN: MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 4 FOR and 0 OPPOSED to adjourn the May 12, 1994, meeting at 10:00 P.M. Thes IT es ed this oC (O day of , 1994. 11 . John arcia, C t Inman Kq6neth Fulk, Secretary