Min - Planning and Zoning Commission - 1996 - 03/28 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
March 28, 19%
Commission Members Present:
Kenneth Fulk, Chairman
Susan Bartlemay (arrived 7:35 p.m.)
Harold Biggs
Jeffery Kelley
Ross Obermeyer
Commission Members Absent:
Bruce Heller
City Staff Present:
Bill Petty, Director of Community Development
Tom Keener, Development Coordinator
George Conner, Director of Public Works
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
March 14. 1996 (Aeenda Item ]n
Chairman Fulk read the agenda item into the record as follows:
Approve minutes of March 14, 1996, Regular Meeting."
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Ober-
meyer, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of
March 14, 1996, as presented.
PLANNING & ZONING COMMISSION
MARCH 28, 1996
Election of Officer
PAGE 2
Chairman Fulk read the agenda item into the record as follows:
"Election of Officer - Vice Chairman."
MOTION Upon a motion by Commissioner Biggs and a second by Commissioner Bartlemay,
the Commission voted 5 FOR and 0 OPPOSED to remove Agenda item IH from
the table.
Commissioner Biggs nominated Commissioner Bardemay for the office of Vice -Chairman.
Commissioner Kelley seconded the motion. With no further nominations, Commissioner
Bartlemay was elected Vice -Chairman by acclamation.
Tabled Item - Final Plat
Custer Hill Phase B (Agenda Item VHI)
Chairman Fulk read the agenda item into the record as follows
"Tabled Item - Final Plat - Consider final plat approval for Pat Atkins, Tipton Engineering,
representing Custer Hill Limited Partnership, for Custer Hill Phase B, being an 18.3033 -acre tract
of land out of the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas,
further described as being located at the northeast comer of Hedgcoxe Road and Custer Road."
MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Biggs, the
Commission voted 5 FOR and 0 OPPOSED to remove Agenda Item IV from the table.
Mr. Keener advised that the proponent has provided a new plat showing the 50 -foot lot width at the
building line on the lots that were in question. This satisfies the ordinance.
It was noted that the preliminary plat approved 177 lots; this final plat will represent 179 lots for
the entire subdivision, including Phases A and B. It was indicated that the discrepancy is probably
due to final engineering. Mr. Pat Atkins discussed the engineering issues which allowed for the
second lot, and the burdens that were placed on this development at the time of zoning. One
additional lot is included in Phase A and the second additional lot is included in Phase B.
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PLANNING & ZONING COMMISSION
MARCH 28, 1996 PAGE 3
Tabled Item - Final Plat
Custer Hill Phase B (Cont) (Agenda Item VIII)
Chairman Fulk questioned whether there was a prior requirement to connect the streets in this
subdivision to the property to the east. Mr. Keener explained that Mrs. McDermott, owner of
the property to the east, had requested that there be no access except for a pedestrian walkway
MOTION Upon a motion by Commissioner Bartlemay and a second by Commissioner Biggs,
the Commission voted 4 FOR and 1 OPPOSED to approve the final plat for Custer
Hill Phase B, with Chairman Fulk casting the negative vote.
MINORITY FINDING.
1. Chairman Fulk indicated that he objected to the increase in lots from the preliminary plat
to final plat.
Preliminary Plat
Twin Creeks #7 (Agenda Item No. V)
Chairman Folk read the agenda item into the record as follows.
"Preliminary Plat - Consider Preliminary Plat approval for Twin Creeks Partners, L.P for Twin
Creeks N7, being 92.42 acres out of the James Parsons Survey, Abstract No. 914, City of Allen,
Collin County, Texas; further described as being located south of Exchange Parkway between
Twin Creek Phase 1 and the Twin Creeks Golf Course."
Mr Keener presented the request to the Commission. The Technical Review Committee has
reviewed this preliminary plat and it satisfies the City's requirements.
The name of this plat will be changed to Twin Creeks No. 5 to continue a consistent numbering
scheme in the subdivision. Lot counts and alley locations were discussed. The floodplain located
on the property represents a minor tributary and is not required to be dedicated to the City
Chairman Fulk questioned if an alley could be eliminated on Pampa Drive. Mr. Brad Meyer,
Carter and Burgess, stated that he felt this could be accomplished just south of Pampa Ct.
MOTION Upon a motion by Commissioner Obermeyer and a second by Commissioner
Biggs, the Commission voted 5 FOR and 0 OPPOSED to approve the preliminary
plat for Twin Creeks No. 7 (to be renamed to Twin Creeks No. 5) with the
stipulation that the alleys surrounding Pampa Ct. in Phase B be reviewed with the
intention of eliminating exit points where possible. Phase A should include
construction of the alley behind Glen Rose Drive.
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PLANNING & ZONING COMMISSION
MARCH 28, 1996 PAGE 4
Final Plat
Twin Creeks Phase 4A (Agenda Item VI
Chairman Fulk read the agenda item into the record as follows
"Final Plat - Consider Final Plat approval for Twin Creeks Partners, LP for Twin Creeks Phase
4A, being 72.537 acres out of the Catherine Parsons Survey, Abstract No. 711. City of Allen,
Collin County, Texas; further described as being located east of Alma Drive between McDermott
Drive and Exchange Parkway "
Mr. Keener presented the final plat to the Commission. It has been reviewed by the Technical
Review Committee and satisfies all current City ordinances. It includes the required 41h acres of
parkland for dedication to the City The floodplain is being dedicated to the City, as well as an
additional 1.6± acres adjacent to the floodplain for the purpose of constructing a hike and bike
trail. Lot sizes are in accordance with the zoning.
MOTION Upon a motion by Commissioner Biggs and a second by Commissioner Bartlemay,
the Commission voted 5 FOR and 0 OPPOSED to approve the final plat for Twin
Creeks Phase 4A.
nr=1 -FBI
Chairman Fulk read the agenda item into the record as follows:
"Consider Items Identified in Joint Workshop Session with City Council Regarding Proposed
Zoning Ordinance and set date for Joint Public Hearing with City Council."
The Commission reviewed the items that were listed for consideration during the recent joint workshop
between the Commission and the City Council. Additional items were considered as noted
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PLANNING & ZONING COMMISSION
MARCH 28, 1996
PAGE 5
1. PAGE 3.2
Section 3.01(A)2.d
Remove reference to septic tanks
RECOMMENDATION:
Remove "and septic tanks" from paragraph d.
2. PAGE 3.12
R-6 District
Rephrase Purpose to be consistent with other districts
Reconsider minimum dwelling unit size
RECOMMENDATION:
Purpose - This district shag be developed for single family detached
dwellings, on lots of not less than six thousand (6,000) square feet,
together with the allowed incidental and accessory uses. This district
should provide for approximately 5.2 dwelling units per acre.
RECOMMENDATION:
Increase house size to 1200 square feet.
3 PAGE 3.14
R-7 District
Rephrase Purpose to be consistent with other districts
Reconsider minimum dwelling unit size
RECOMMENDATION:
Purpose - This district shag be developed for single family detached
dwellings, on lots of not less than five thousand (5,000) square feet,
together with the allowed incidental and accessory uses. This district
should provide for approximately 6.2 dwelling units per acre.
RECOMMENDATION:
Leave house size at 1000 square feet to remain consistent with the
Comprehensive Plan.
4. PAGE 3.79
Section 3.05, LB(4)
.not be placed closer than the drip Ime of the tree at time of installation
unless a staff.
RECOMMENDATION:
Add "at time of installation" to paragraph.
5. PAGE 3.79
Section 3.05, 1.A(2)
The sentence "A berm may be placed withm the landscaped edge in lieu
of the required shrubs unless needed for a headlight screed' should be
reworded for clarity
RECOMMENDATION:
Replace teat with: "A berm may be placed within the landscaped edge
in lieu of the required shrubs; however, a headlight screen must be
accommodated if necessary."
PLANNING & ZONING COMMISSION
MARCH 28, 1996 PAGE 6
6. PAGE 3.79
Section 3.05.1.A(5) Remove text referring to Planning & Zoning Commission."
RECOMMENDATION:
Replace text with: "The required width of landscaped edge may be
reduced during plan review when public improvements me neces-
sary."
7 PAGE 3.80
Section 3.05, LD(1) The required shrubs shall create a minimum 42 inch high screen at the
time of Installation.
Add text: "...at time of installation."
8. PAGE 3.81
Section 3.05,2.13
The sentence "A berm may be placed within the landscaped edge in lieu
of the required shrubs unless needed for a headlight screen" should be
reworded for clarity
RECOMMENDATION:
Replace text with: "A berm may be placed within the landscaped edge
in lieu of the required shrubs; however, a headlight screen must be
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accommodated if necessary."
9 PAGE 3.81
Section 3.05,2.E
Remove text referring to "Planning & Zoning Commission."
RECOMMENDATION:
Replace text with: "The required width of landscaped edge may be
reduced during plan review when public improvements are nmes-
sary "
10. PAGE 3.83
Section 3.05.4.F
Remove text
RECOMMENDATION:
Remove text: "diameter at breast height"
11. PAGE 3.84
Section 3.05.7.A,B,C,D P&Z should review these sections.
RECOMMENDATION:
Page 3.85, First Paragraph - Delete text "during construction, develop-
ment or redevelopment."
Page 3.85, Paragraph E - Allow transplanting of trees in other locations
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if space is available; otherwise the developer shall be required to escrow
equal funds.
El
Page 3 85, Paragraph 7.1) - Additional, double, credit shall be given for
any nee preserved that is 24" caliper or greater.
PLANNING & ZONING COMMISSION
MARCH 28, 1996 PAGE 7
CITY STAFF RECOMMENDATION:
Page 3.85, Paragraph A.3 - Change text to read "Public streets con-
structed by the City of Allen in public rights -of --way, parks, and any other
public property under the jurisdiction of the City of Allen shall be
governed by this ordinance. Residential streets are the responsibility of
the developer."
CITY STAFF RECOMMENDATION:
Enforcement issues and the need for a budget for additional personnel
should be considered. An arborist or landscape architect, office space,
mileage, equipment, etc. will be needed.
12. PAGE 3.86
Section 3.05.7. F(2)
Replace text as follows: The developer shall erect a fence around each
tree or group of trees to prevent prohibit the placement of debris, parking
of vehicles, or fill within the drip line of any tree.
RECOMMENDATION:
Replace text as follows: "The developer shall erect a fence around
each tree or group of trees to prohibit the placement of debris,
parking of vehicles, or fin within the drip line of any tree.
13. PAGE 3.87
Section 3.05.8.17
Text should be considered regarding a warrantee of existing trees
replanted in existing rights-of-way, and for existing trees not relocated.
RECOMMENDATION:
"All required trees and plant material shall be guaranteed for one
year.11
14. PAGE 3.87
Section 3.05.7.F(7)
Text should be written to clarify whether this would allow adjacent
property to develop or force a dual alley situation.
RECOMMENDATION:
"An area measuring 15 feet from all existing fence row trees shall be
protected during development. No removal of any tree 6" caliper or
larger is allowed except as needed for access to residential lots.
Fences that are installed within this area, and which do not interfere
with the existing trees, may be allowed.
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PLANNING & ZONING COMMISSION
MARCH 28, 1996 PAGE 8
15. PAGE 2.5
Section 2 05.B.2.a Strike text "In certain locations."
RECOMMENDATION:
Strike text "in certain locations."
16. PAGE 3.22
Section 3.01(K).2.a MF18 Section: Change reference from "MF -1" to "MF -12 "
RECOMMENDATION:
Correct text to read: "Any use permitted in District "MF12."
17 PAGE 3.24
Section 3.01(L)2.a MF24 Section: Change reference from "MF -1" to "MF -I8."
RECOMMENDATION:
Correct text to read: "Any use permitted in District "MF18."
18. All references to "heavy timber" in Building Materials requirements should be reworded to
indicate something similar to "heavy wood." Divide this paragraph into two separate paragraphs,
beginning at "Corrugated metal roofs. "
Affected Districts me: LR, SC, LC, GR, CC, IT, LI, GI, HI, and
CBD.
RECOMMENDATION:
Make new paragraph "e" at "Corrugated metal roofs.."
RECOMMENDATION:
Change text in Paragraph "d" regarding "heavy timber" to read:
"Additional exterior materials may be considered in this district for
restaurants only for the purpose of accomplishing a style of architec-
ture design to carry out a theme or concept critical to the success of
the restaurant or typical of a chain of restaurants. Examples of such
material include wood siding, timberllog construction, or simulated
timber/log construction, corrugated metal panels, etc.
Remainder of text regarding metal buildings in these districts should
remain.
19 PAGE 3.70
Section 3.03 P&Z should consider this section further for possible changes, including
the addition of a category for "Shopping Center."
RECOMMENDATION:
Add Category: Shopping Center - One (1) space for every two
hundred (200) square feet of gross area.
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MARCH 28, 1996
PAGE 9
20. PAGE 3 74
Section 3.03.f Change "considered" to "allowed" in the last sentence.
RECOMMENDATION:
Change "considered" to "allowed.'
21. PAGE 3.89
Section 3.06.5.c
Change reference to paragraph 7 to paragraph 8
RECOMMENDATION:
Change reference to indicate "8."
22 PAGE 3.90
Section 3.06 5 g
A measurement of foot candles should be indicated; this same measure-
ment should be reflected in the Property Maintenance Code.
RECOMMENDATION:
No change necessary; changes will be considered through the Property
Maintenance Code.
23. PAGE 3.92
Section 3.06. 10 1
Correct references to sections that are not exempted.
RECOMMENDATION:
Replace reference to indicate ...they must comply with paragraphs 8a,
86(1), 8b(3), and 9(c).
24. PAGE 3.92
Section 3.06.1 Lc
Consider text consistent with the text under Temporary Use Permits.
RECOMMENDATION:
Change reference to sixty days to "ninety (90) days" to remain
consistent with text in Temporary Use Permit section.
25. Schedule of Uses
Mini -warehouses - consider adding "with or without" caretaker residence.
Add by Specific Use Permit in LI, and consider wording that would limit
cons[mchon along U.S. 75.
RECOMMENDATION:
1 - Add "With or Without' to miniwarehouse luting in Schedule of
Uses;
2 - Add use by Specific Use Permit in LC and GB;
3 - Add text to the LI District - Miniwarehouses are not allowed in
within the area bounded by U.S. 75, Century Parkway, Allen Drive,
and Bethany Drive; and the area bounded by U.S. 75, the railroad,
Bethany Drive and Ridgemont Drive.
4 - Indicate "CS" in LI District in Schedule.
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PLANNING & ZONING COMMISSION
MARCH 28, 1996 PAGE 10
Add a listing for "Swim Pool (Semi-public) and allow in all districts
where hotels and apartments are allowed. MF12, M1718, MF24, O, LC,
GB, CC
RECOMMENDATION:
Add a use in the Schedule of Uses for "Swum Pool (Semi -Public) and
allow in MF12, MF18, MF24, O(S), LC, GB, CC, IT(S), PD(") and
CBD.
Target Range - Consider adding to CF by Specific Use Permit.
RECOMMENDATION: Add by Specific Use Permit in CF.
Radio or TV Broadcast Studio - Add by Accessory use in CF
RECOMMENDATION:
Add m Accessory Use in CF.
Radio, Television, or Microwave Towers - Change from Accessory to
Specific Use Permit in CF
RECOMMENDATION:
Change Accessory Use in CF to allowed by Specific Use Permit.
26. PAGE 3 78
Section 3.05. LA.(1) Consider landscape requirements as they relate to the Central Business
District.
RECOMMENDATION:
Page 3.78 - Add teat after First sentence: "The 10 -foot landscape edge
may be reduced to no less than two (2) feet where lots are less than
two (2) acres.
27 Site Plans Consider removing public hearing process in planned developments to
allow staff to review except where SUPS are involved. Include require-
ment for site plans with building pemut applications. Consider timing of
site plans.
RECOMMENDATION:
Page 2.14 - Paragraph 2.09, fust paragraph -
Remove text "a Planned Development District or"
Page 2.14 - Paragraph 2.09, second paragraph -
Remove test "planned developments or"
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PLANNING & ZONING COMMISSION
MARCH 28, 1996
PAGE 11
Page 5.1, Section 5.01 - Add test: "All applications for building
permit shall be reviewed by the City of Allen to assure compliance
with all requirements of this ordinance, including those described
under Section 2.09 (Site Plan). Issuance of building permit shall
constitute acceptance of same."
Time limiuuions are placed on all building permits per the Building
Code, which is 180 days or if work ceases for 180 days.
28. PAGE 5 4
SECTION 5.05
RECOMMENDATION:
Correct reference to penalty from $1,000 to $2.000.
Add text indicating that "each tree removed would constitute a
separate offense."
29 PAGE 3 78
Section 3.05.17
RECOMMENDATION:
Change text to read as follows: "Prevent the clear -cutting of land
containing trees of 6" caliper or larger. The illegal cutting of each
tree 6" or larger shall constitute a separate offense of this ordinance
under Article V
30. PAGE 3.61
Section 3.01(Z).2.b RECOMMENDATION:
Add text to include utility buildings and structures housing City
services.
MOTION Upon a motion by Commissioner Bardemay and a second by Commissioner Biggs,
the Commission voted 5 FOR and 0 OPPOSED to request a written legal opinion
from the City Attorney as to whether the City can impose this ordinance on
property that is undeveloped and whether the City can impose a penalty for each
tree that is removed illegally
Mr. Keener advised the Commission that the next meeting will include a public hearing for a
Specific Use Permit for a Restaurant/Private Club at the Cattle Company Restaurant.
�^ PLANNING & ZONING COMMISSION
�# MARCH 28, 1996 PAGE 12
�j ADJOURN:
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Bartlemay,
the Commission voted 5 FOR and 0 OPPOSED to adjourn the March 28, 1996,
meeting at 12:30 a.m.
These minutes approved this A/ day of nc� 11996.
P/tu" �
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Ken Falk, Chairm, n
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UU Jeff Ke y, Secretary