Min - Planning and Zoning Commission - 1995 - 05/25 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
May 25, 1995
Commission Members Present:
Kenneth Fulk, Chairman
Noel Crume, Vice -Chairman
Harold Biggs
Ross Obermeyer
Bruce Heller
Jeffery Kelley
Commission Members Absent:
Susan Bartlemay
City Staff Present:
Bill Petty, Director of Community Development
Tom Keener, Development Coordinator
Sally Leeper, Administrative Assistant
With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was
called to order at 7:30 p.m. by Chairman Fulk at the City Council Chambers, One Butler
Circle, Allen, Texas.
Approve Minutes
May 11. 1995 (Aeenda Item II)
Chairman Fulk read the agenda item into the record as follows:
"Approve minutes of May 11, 1995, Regular Meeting."
MOTION Upon a motion by Commissioner Cmme and a second by Commissioner Biggs,
the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of May
11, 1995 after noting that an error was made on page 6 where the vote should
be noted as 3 FOR and 3 OPPOSED rather than 0 OPPOSED
PLANNING & ZONING COMMISSION
MAY 25, 1995 PAGE 2
Approve Minutes
May 25. 1995 (Agenda Item IB)
Chairman Fulk read the agenda item into the record as follows:
Approve minutes of May 25, 1995 Regular Meeting."
MOTION. Upon a motion by Commissioner Crume and a second by Commissioner Heller,
the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of May
18, 1995, as presented.
Tabled Item
Williams Site Plan (Agenda Item IV)
Chairman Fulk read the agenda item into the record as follows:
"Tabled Item - Consider site plan approval on a structure located in the Central
Business District at the northwest corner of Ferris Drive and McDermott Drive for Mr.
Mike Williams."
MOTION Upon a motion by Commissioner Biggs and a second by Commissioner Crume,
the Commission voted 6 FOR and 0 OPPOSED to remove Agenda Item IV
from the table.
Mr. Bill Petty displayed to the Commission an architectural rendering of the proposed
building. He advised that the survey that had been completed on this property when it was
sold showed the right-of-way on Ferris Drive to be 28 feet, and the surveyor has advised the
City that the survey was in error He has prepared a corrected survey indicating a 40 -foot
right-of-way on Ferris Drive. This fact would indicate that at such time as Ferris might be
closed, there will be 20 feet of ingress available to the proposed parking spaces.
Commissioner Obermeyer discussed whether this information would affect the current
situation. Mr. Petty discussed properties in the Central Business District (CBD) that have
parking configured the way this proposal indicates. He further stated that on -street parking is
allowed on streets with 80 -foot right-of-way Commissioner Fulk questioned whether this
additional right-of-way increases the space available for the parking spaces. Mr. Petty stated
that the existing road is in the center of the right-of-way. The back of the parking spaces will
be located 20 feet from the centerline of the pavement, totally on private property Discussion
was held regarding the required construction of this additional right-of-way and Mr. Williams
indicated that it would be constructed to City requirements.
PLANNING & ZONING COMMISSION
MAY 25, 1995 PAGE 3
Tabled Item
Williams Site Plan (Cont.) (Agenda Item IV)
Chairman Fulk questioned whether the proponent had discussed a possible common access
easement with the property owners to the west (Burger King), and Mr Williams indicated that
the Burger King owners were agreeable.
Discussion was held regarding the possible closing of Ferris and staff indicated that there is no
exact date set for that, but that it would probably happen whenever Bonham is extended to the
north of McDermott.
Commissioner Obermeyer expressed concern regarding the setting of a precedent regarding
this type of parking. Mr. Petty reviewed the response of the City's traffic consultant, who
indicated that this would be appropriate at this location.
Commissioner Crume indicated that he has viewed the traffic patterns at this location in the
early morning, and it appears to all be traveling north and would not interfere with this
[" development.
f Commissioner Heller also expressed concern regarding the setting of a precedent for parking
�t of this type.
Commissioner Kelley discussed the situation of parking on Belmont Drive and the fact that
these spaces will be eliminated when Belmont is expanded. These spaces are not part of the
requirements.
Chairman Fulk expressed concern regarding setting a precedent for this type of parking. He
added that the Ferris and Belmont situations tend to lend themselves to a poor traffic situation.
He added that the lot, however, is very small and does not lend itself to a better type develop-
ment. The additional right-of-way (40') indicated on Ferris improves the situation.
Commissioner Obermeyer questioned whether traffic control devices could be utilized on
Ferris to slow the traffic. Mr. Petty indicated that the City's policy is to not allow speed
bumps on the streets. Chairman Fulk suggested that Ferris could be made a one-way street.
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Crume,
the Commission voted 4 FOR and 2 OPPOSED to approve the site plan for Mr.
Mike Williams on property located at the northwest corner of McDermott and
Ferris.
0
PLANNING & ZONING COMMISSION
MAY 25, 1995 PAGE 4
Tabled Item
Williams Site Plan (Cont.) (Agenda Item IV)
MAJORITY FINDINGS.
1. Safety concerns were addressed.
2. Maneuvering room is sufficient on Ferris due to the right-of-way of 40'.
3. City traffic consultant agrees that this is not an unsafe condition at this location.
4. 8' of space is available between the existing paving on Ferris and back of parking
spaces (40' ROW indicated).
5 Ferris will probably be closed in the future.
6. This development satisfies the City's needs with regard to the front door of the City
7 Site is narrow, small, unique, and difficult to develop, and proposal represents the
highest and best use of the property
MINORITY FINDINGS.
Based on traffic consultant's recommendation, the review of the Zoning Ordinance
needs to address head -in parking in the CBD. This proposal sets an undesirable
precedent.
2. Even though this proposal is more preferable than some uses that would generate
additional traffic, concern was expressed regarding potential safety problems.
I
PLANNING & ZONING COMMISSION
MAY 25, 1995 PAGE 5
Public Hearing
Texas Grill (Agenda Item V)
Chairman Fulk read the agenda item into the record as follows:
"Public Hearing - Hold a Public Hearing on a request by Mr Schaeffer Dean on behalf
of Mr. Rick Rawson, Texas Grill, to consider a Specific Use Permit for a Restau-
rant/Private Club at the Eagle Plaza Shopping Center located at 600 E. Main Street
(formerly Pizza Inn)."
Mr. Tom Keener presented the request to the Commission. The property is located at the
southeast corner of Main Street and Jupiter Road in the old Pizza Inn restaurant space. He
introduced Mr. Rick Rawson, owner of the Texas Grill. Mr. Keener stated that the restaurant
will be opening tomorrow morning, but the proponent is requesting a Specific Use Permit
(SUP) for a Restaurant/Private Club. He reviewed the floor plan, which includes 20 outdoor
seats. Mr. Keener indicated that the existing ordinance does not allow outside service of
alcoholic beverages. The Commission has the right to grant a variance to this requirement
under the SUP process. The Fire Marshal has reviewed the outdoor seating and has approved
the plan. The distance has been measured to the High School property, and it measures
approximately 365 feet.
The Commission discussed the possibility of granting a variance for outdoor service of
alcoholic beverages and noted that provision for this is being recommended in the revisions to
the Zoning Ordinance, with recognition that screening would be necessary
Chairman Fulk opened the public hearing.
With no one wishing to speak for or against the request, Chairman Fuck closed the public
hearing.
The consensus of the Commission was that the SUP would be appropriate at this location;
however, there was considerable discussion regarding the need for screening of the outdoor
seating. This should include screening from the ground up to 42", and 12" above the table
tops. There was discussion as to the possible need to require generic beverage containers in
the patio area. It was noted that the patio area should only be accessible from the interior of
the restaurant, and that this would require additional fencing to that which is indicated on the
proposed site plan.
0
PLANNING & ZONING COMMISSION
MAY 25, 1995 PAGE 6
Public Hearing
Texas Grill (Cont.) (Agenda Item V)
The Commission discussed the possible need for additional parking, and Mr. Bill Petty advised
the Commission that the parking on this property is dictated by the shopping center itself, and
is fixed. A possible cross -access agreement could be used later with the property to the south
if necessary
MOTION: Upon a motion by Commissioner Crume and a second by Commissioner
Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to recommend
approval of the request for Specific Use Permit for the Texas Grill with outdoor
service with the following amendments: 1) screening is provided around the
entire outdoor service area, a minimum of 42" high and 12" above table top
from finished floor elevation; 2) the patio area be enclosed to require access
from the interior of the restaurant; 3) the screen must be in place before serving
of alcoholic beverages; 4) final decision of materials of screen to be approved
by City staff.
Public Hearing
[ Reolat - Cottonwood Bend Estates Phase I (Agenda Item V)
Chairman Fulk read the agenda item into the record as follows:
"Public Hearing - Hold a public hearing on a request by Mr. Gordon Jones, Horton
Homes, to consider a replat of Lots 38, 39, and 40, Block A, of Cottonwood Bend
Estates Phase I, an Addition to the City of Allen, Collin County, Texas."
Mr. Keener presented the request to the Commission. The request is intended to preserve a 4 -
foot wide Elm tree. Proper notification was made to adjacent owners per State law
Mr. Warren Corwin, representing the developer, was available for questions.
Chairman Falk opened the public hearing. With no one wishing to speak for or against
the request, Chairman Fulk closed the public hearing.
Mr. Corwin indicated that the tree being preserved is actually within the front building line of
this property; however, the canopy of this tree is so large that homes could not be built close
by He indicated that he would suggest to the homebuilder that protection be provided this
tree during construction.
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PLANNING & ZONING COMMISSION
MAY24-, 1995
PAGE 7
Public Hearing
Renlat - Cottonwood Bend Estates Phase I (Cont.) LApenda Item Vl
MOTION: Upon a motion by Commissioner Obermeyer, and a second by Commissioner
Crume, the Commission voted 6 FOR and 0 OPPOSED to approve the replat of
Cottonwood Bend Estates Phase I.
Chairman Falk read the agenda item into the record as follows:
"Review of Comprehensive Zoning Ordinance."
Chairman Falk reviewed and provided information developed by the subcommittee considering
alternate building materials in districts other than residential. It was suggested that informa-
tion on materials that should be "excluded" should be added to this text.
Commissioner Crume discussed the draft of the landscape section.
The next meeting of the Commission was set for Thursday, June 1, 1995, at the Allen Public
Library conference room.
MOTION Upon a motion by Commissioner Biggs and a second by Commissioner Crume,
the Commission voted 6 FOR and 0 OPPOSED to adjourn the May 25, 1995,
meeting at 10:15 p.m.
These minutes approved this J �T day of
1995.
Q �. i Q�
" Ken Falk, Chairman �ry Kelley, Secretary