Min - Planning and Zoning Commission - 1997 - 07/10 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
? July 10, 1997
ATTENDANCE:
Commission Members Present:
Jeffery Kelley, Vice -Chairman
Pamela Smith
Ross Obermeyer, Secretary (left 9:52 p m.)
Jeff McGregor
Mark Pacheco
Commission Members Absent
Susan Bartlemay
Bruce Heller
City Staff Present.
Bill Petty, Director of Community Development
George Conner, Director of Public Works
Marcie Diamond, Senior Planner
Sally Leeper, Administrative Assistant
Dan Tracy, Civil Engineer
CALL TO ORDER AND ANNOUNCE A QUORUM.
With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to
order at 7:30 p.m. by Chairman Kelley at the City Council Chambers, Allen Library, Two Allen Civic
Plaza, Allen, Texas.
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JULY 10, 1997 PAGE 2
Consent Agenda (Agenda Item Ill
Chairman Kelley read the consent agenda into the record as follows.
Consent Agenda
A. Approve Minutes of June 26, 1997
B. Final Plat - Consider final plat for Rowlett Farm Partnership of right-of-way for Alma Drive and
Exchange Parkway, being 2.466 acres of land out of the Mary Standifer Survey, Abstract No. 812,
City of Allen, Collin County, Texas; further described as being the northern extension of the
existing Alma Drive and the western extension of the existing Exchange Parkway
C. Final Plat - Consider final plat approval for Twin Oaks Private School, being 1.9421 acres of land
out of the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, further
described as being located at the northeast corner of Main Street and Fountain Gate Drive
D Final Plat - Consider final plat for Tatum Drive Retail Addition, being a 3.0191 acre tract of land
out of the Josh Butler Survey, Abstract No. 47, City of Allen, Collin County, Texas; further
described as being located south of McDermott Drive between Suncreek Drive and Tamm Drive.
LMs. Marcie Diamond requested that Item II C be removed from the consent agenda.
MOTION: Upon a motion by Commissioner Smith and a second by Commissioner Obermeyer, the
Commission voted 5 FOR and 0 OPPOSED to approve items ILA, 11.13, and II D of the
Consent Agenda.
Mr Bill Petty advised the Commission that the City Council has requested a joint meeting with the
Commission to discuss issues relating to density They have proposed Saturday morning either August 2
or September 6, 1997 The consensus of the Commission was to forward September 6, 1997, as their
proposed date for this meeting. Mr. Petty indicated that the Mayor and Mayor Pro Tem have requested a
meeting with the Commission officers prior to this joint meeting to set the agenda. He will advise later
of the date and time for this meeting
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Final Plat
Twin Oaks Private School (Agenda Item ILC)
Ms. Diamond advised the Commission that the fire lane width has been corrected to indicate 22 feet,
with a 30 -foot inside radius. Corrected copies were provided to the Commission.
MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner Pacheco,
the Commission voted 5 FOR and 0 OPPOSED to approve the final plat for Twin Oaks
Private School."
Specific Use Permit
TU Electric (Agenda Item IID
Chairman Kelley read the agenda item mto the record as follows*
"Public Hearing - Consider a request by TU Electric for Specific Use Permit with site plan
approval on 4.3 acres of land situated in the Francis Dosser Survey, Abstract No. 280, and the
George Phillips Survey, Abstract No. 701, City of Allen, Collin County, Texas, further
described as being located on C.R 196 between Stacy Road and S.H. 121. The property is
currently zoned Planned Development No 36 "
Ms. Diamond presented the request to the Commission. She indicated that the property is zoned P.D. 36
(Light Industrial). She discussed the proposed site plan, and discussed the location of Watters Road with
respect to the location shown on the P.D. zoning exhibit and the revised location shown on the adopted
Thoroughfare Plan.
The request is for a utility substation and includes a request for three variances:
1) variance to the masonry requirement for the 450 s.f accessory building. This is an accessory building
and since the main structure is a utility substation, staff is comfortable with the request.
2) variance to install the required landscaping at a later date when water is available to the site.
3) variance to allow a gravel drive until C.R. 196 is upgraded.
Ms. Diamond explained that a facilities agreement will be required at the time of platting to provide for
the proponents portion of the 6 -lane thoroughfare (C.R. 196) and any other stipulations placed on the
property by the Commission and Council.
Chairman Kelley opened the public hearing.
Dr. Doyle Stacy, 4 Royal Way, Dallas, Texas, had the following questions:
1) Height of the wall around the perimeter.
2) Height of the 1 -story metal budding.
3) Height of the inside transformer
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JULY 10, 1997 PAGE 4
4) Width of the aperture of the masonry wall
5) Nature of the metal within the masonry wall.
6) Height of 2 towers on the east side of the property, as well as the height of the outside grid.
7) Realignment of the road
Ms. Virginia PeteBsh, 1226 Cherokee Drive, Richardson, Texas, indicated that she felt the site plan
mailed to the property owners was too small and further indicated that the exhibit mailed was in error
showing an incorrect survey name. She stated she has the same concerns as Dr. Stacy, as well as a
concern regarding the lack of landscaping. She suggested the possibility of planting native trees in the
fall. She questioned the design of the masonry wall. She expressed concern regarding the maintenance
of the property after the fence is constructed, and whether it would be mowed regularly.
Mr. Joe Bilbo, TU Electric Manager, 924 Pebblebrook Allen, Texas, spoke to the needs of the substation.
TU Electric is in need of additional power. Mr. Bob Dean and Mr. Dennis Johnson, TU Electric, were
available for questions. Mr. Bilbo indicated that there will be no additional power lines built. There is a
transmission line available.
Mr. Keith Jackson, Espey Huston, addressed issues that were raised. The tract is 4.3 acres adjacent to the
existing north/south transmission line. They will be dedicating their portion of the necessary right-of-
way for C R 196. The screening wall will be placed around the equipment, 8 -foot brick thmwall with
columns on 10 -foot centers. There will be no more than the required openings in the wrought iron
portions of the fence. The height of the master structure is 45 feet; the remainder is 25 feet. The
transformer will be lower. The accessory building is 11 feet high. The transformers are 22 feet high.
The internal portion of the site will be gravel. The landscaping will be provided at the time water is
available. The nearest water is at Stacy Road. He suggested that trees and a power facility would not
mix very well. They are requesting that their drive remain gravel until C.R. 196 is improved There may
be one or two trips to the site per month. There are security lights around the perimeter of the site, and
the gate will be locked. Once planted, the landscaping will be maintained by TU Electric,
Ms. Petefish questioned the time frame of construction if approval is granted. Mr. Jackson indicated that
there would be four phases of construction, and phase one will begin immediately after approval.
Dr. Stacy questioned the following items
1) the right-of-way width of C.R. 196 - 110 feet
2) Distance from the proposed right-of-way line of C.R. 196 from the north property line to the existing
centerline of the road - 480 feet
3) How thick is a thinwall screening wall?
4) What is the space and width of apertures in the wall?
5) Location of the existing pole on his property. Is it possible that a single pole could be used and keep
the lines separate?
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JULY 10, 1997 PAGE 5
6) Does an 8 -foot wall provide proper screening with such a tall structure? He requested a 10 or I 1 -foot
wall
7) He noted that trees do not get along with high lines.
8) How high are the security lights and do they shine only on the property?
With no one further wishing to speak for or against the request, Chairman Kelley closed the public
hearing.
Mr Keith Jackson discussed the height and configuration of the existing transmission lines and the 2 -
pole vs. 1 -pole scenario Mr. Bob Dean stated that the existing pole is 80 feet tall and the two new poles
will be 90 feet tall Two poles are required to maintain separation of the 4 circuits. The poles will be
approximately 50 feet apart, and will be monopoles.
Commissioner Obermeyer indicated that the existing lighting ordinance will cover the lighting questions.
Mr. Jackson notes that the brick thinwall construction is one brick thick with columns on 10 -foot centers.
He stated that the openings are to be equally distributed around the substation. The City's ordinance
requires an 8 -foot screening wall. The proponent's intent is to complete the landscaping at the time
water is available.
Mr. Jackson indicated that they have considered a full living screen that would reach 15-20 feet in
height; however, this is contrary to the City's ordinance requirements. He stated that the screening to be
placed in front of the wrought iron will be intended to grow to 8 feet in height. The wall will be
approximately 100 feet in length, and then a 10 -foot opening.
Commissioner McGregor questioned that since C.R. 196 will bisect this property, how will the eastern
portion of the property be used? Mr. Jackson stated that this portion of the property will be maintained;
no use is planned at this time.
Commissioner Obermeyer questioned whether the entire fence will be constructed in the first phase, and
Mr. Jackson indicated it would be. He questioned the voltage at ground level and whether the security is
in place to protect children from having access to the facility Mr. Jackson stated there will be a locked
gate and every effort will be made to deter anyone from accessing the property. Commissioner
Obermeyer questioned when water would be available and Mr. Jackson stated this would be dependent
upon future development to the area.
Commissioner Pacheco noted that there will be no openings in the screening wall that faces the front of
the facility, except for the gate itself, which will be wrought iron. He discussed the landscaping and
paving variances and suggested a specific timeframe should be added to tie the landscaping requirements
to a specific length of time from when water becomes available
Mr. Petty discussed the need to include all requirements to a facilities agreement, including a specific
time to complete the landscaping after water becomes available. Mr. Jackson indicated that the
proponent has agreed to enter into a facilities agreement as necessary.
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JULY 10, 1997 PAGE 6
Chairman Kelley reviewed the lighting section of the ordinance, and the Jackson stated that the lights are
directed into the facility and represent minimum security lighting
Chairman Kelley questioned the distance to the nearest existing structure and Dr. Stacy indicated at was
'h mile to the south at C.R. 196 and Stacy Road.
Commissioner Obermeyer questioned plans for landscaping and Mr. Jackson indicated that shrubs are
planned in front of the wrought iron sections of the wall. They do not have a detailed landscape plan at
this time; however, it will meet the requirements of the landscape section of the Zoning Ordinance.
Mr Petty indicated that requirements for landscaping, paving of the drive, and escrow of paving funds
for CA 196 should be included in the facility agreement. A stipulation could be included in the Specific
Use Permit that the facility agreement should be entered into prior to platting.
MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor,
the Commission voted 5 FOR and 0 OPPOSED to recommend approval of the Specific
Use Permit and site plan for TU Electric as submitted with the requirement that a
facilities agreement be entered into to allow for 1) C.R. 196 paving, 2) paving of the
gravel drive; 3) addressing the landscaping issues; 4) planting of the living screen to be
included in the wrought iron sections of the screening wall.
Reconsider Recommendation
Custer/Hedgcoxe L.L.C. Agenda Item IV)
Chairman Kelley read the agenda item into the record as follows'
"Reconsider Zonmg Request for Custer/Hedgcoxe L.L.C. as requested by the City Council, being
a 25.573 -acre tract of land located in the John Huffman Survey, Abstract no. 416, City of Allen,
Collin County, Texas; further described as being located north of Hedgcoxe Road and east of
Custer Road."
Ms. Diamond reviewed this request with the Commission She provided a memo from Jon McCarty,
City Manager, addressing the City Council's direction to the Commission. They are requesting that the
Commission reconsider the zoning request and forward their recommendation for the Council's Julv 17th
meeting.
Mr. Pat Atkins, Tipton Engineering, reviewed the history of this property He indicated that they have
developed 179 lots in Custer Hills, with an additional 106 acres under development to the south in Custer
Hills Estates. This 106 -acre tract is zoned P.D. 57 They have completed 50 homes in this area at this
time. Since the development of these two tracts, the owner has purchased an additional 25 acres to the
east, and they are attempting to include this 25 acres within the existing development. Adjacent to the
■�` 25 -acre tract is a salvage yard.
LMr. Atkins indicated that in March of this year, the Commission reviewed their request, including a
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proposed school site owned by Plano ISD (PISD), and the proponent made the necessary amendments to
allow for open space as requested by the Commission. The City Council has expressed concern
regarding the density allocations in Neighborhood District 20.
Mr Atkins provided copies from one of the builders in the area of their current prices and home designs.
Their prices range from $129,000 to $180,000 He stated that the PISD is ready to construct their school
on this property, and the proponent is desiring to bring forward a preliminary plat to include Custer Hills
Estates and this 25 acres as soon as possible.
Mr. Atkins further discussed the fact that the size of this 25 -acre tract of land would allow for the
density, with the school site, and the open space being increased in P.D. 57 These issues result in no
additional density in the area.
Commissioner McGregor questioned staff as to whether the request is over density allowances by 26
units? Mr Bill Petty stated that on the 25 -acre tract they are over by 26 units; however, the school site
and the lots being removed from PD. 57 leaves the proponent over by only 10 units Ms. Diamond
added that the 1.2 acres of open space removes another 6 lots, which indicates that the proposal is over
by 4 units.
Mr. Atkins stated that there are 505 lots shown in PD. 57 and 94 lots shown on this 25 acres. The
revised preliminary plat for the entire area will include only 580 lots on the entire 131 acres. This is a
reduction of 29 units.
Commissioner Smith discussed the fact that the City Council had returned this request to the
Commission and she would like to discuss the density question. Commissioner Obermeyer questioned
the ultimate goal. The Commission had voted earlier this year to recommend approval, believing this
would be the best use of the land. Chairman Kelley stated that he feels the Council has requested that the
Commission review their decision to recommend approval. Commissioner Pacheco requested
clarification that the open space requirement for the 25 acres will be included in the revised preliminary
plat for P.D. 57
Mr. Atkins indicated that the salvage yard is not economically feasible to purchase because of
environmental issues East of the salvage yard is Suncreek Addition and north is the McDermott Ranch.
Commissioner Pacheco expressed concern about the eventual development of the salvage yard. He
discussed the design of the Custer Hills and Custer Hills Estates subdivisions, and the product being
offered for sale. He indicated that the school needs are being provided for within the property, outside
the Allen ISD (AISD).
Chairman Kelley reviewed the fact that the proposed 25 acres is shown to be developed the same as
Custer Hills Estates to the west (P.D. 57). This would result in uniformity within the Custer Hills
neighborhood. He discussed the fact that the City Council had previously approved the higher density
within P.D. 57 He indicated that he feels the request is reasonable on this 25 acres.
Commissioner Pacheco discussed the intent of the Comprehensive Plan, and the density within
Neighborhood District 20.
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JULY 10, 1997 PAGE 8
Mr. John Baker, 12890 Hillcrest, Dallas, Texas, owner of the property, discussed the fact that the burden
of the PISD school site was placed on P D 57 during that zoning request.
Commissioner Smith discussed the possibility of rezoning P.D. 57 in order to reduce the density in this
area. She questioned whether the proponent would agree to reduce the density at this time.
Commissioner Obermeyer stated he continues to support the original proposal; however, he is concerned
that the City Council will not accept this recommendation.
Mr. Atkins stated that they were planning proposing a reduction to density of 8 units from 94 to 86 to the
City Council.
Commissioner Smith suggested a decrease of 4 units would be acceptable. Commissioner Obermeyer
agreed with a reduction of 4 units. Commissioner McGregor indicated that although he was to favor of
the request, he noted that the Council is concerned with density He stated he would support a reduction
of 4 units. Commissioner Pacheco agreed that a reduction in density is required. Chairman Kelley
indicated he could accept a reduction of 4 units; however, he feels that what the Council and
Commission approved in P.D. 57 was considered good zoning in this part of town. The product being
constructed in this area is very positive. Commissioner Oberrneyer noted that the Commission felt that
they sent forward a good recommendation previously, and would request specific guidelines from the
Council if a case is returned to the Commission in the future.
Motion: A motion was made by Commissioner Obermeyer to forward a recommendation for
approval of the request with the reduction of units by four The motion died for lack of a
second.
The Commission further discussed the perceived direction of the City Council.
Motion: Upon a motion by Commissioner Smith and a second by Commissioner McGregor, the
Commission voted 3 FOR and 2 OPPOSED to forward a recommendation for approval
of the request with a reduction of units by eight.
MAJORITY FINDINGS.
I_ The density factor was an important issue in the deliberations. The Commission attempted to
reach an acceptable density factor
The Commission has completed their Job and is sending forward a recommendation to the City
Council which reflects a reduction in density
3. The revised proposal fulfills the objectives of all parties
MINORITY FINDINGS.
1. The original plan had merit.
2 The proponent had done a good job.
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3. The Commissioners had difficulty supporting this motion, as the number eight was an arbitrary
number.
4. The plan that was on the table was valid and compatible with property to the west.
5. The recommendation appears to be strip zoning for the purpose of meeting the requirements of
the Comprehensive Plan.
6. Hopefully, the City Council will choose to approve the request with a compromise that will be
both economically feasible for the proponent and a benefit to the neighborhood.
Amendments to Zoning Ordinance (Agenda Item V)
Chairman Kelley read the agenda item into the record as follows:
"Provide staff direction regarding possible amendments to Comprehensive Zoning Ordinance
No. 1425-5-96 and direct staff to set public hearing date "
Ms. Diamond provided a letter from Commissioner Bartlemay including her comments regarding the
issue of Temporary Use Permits for seasonal products. Staff has prepared a draft of language addressing
the issues that have been brought to their attention
Commissioner Smith questioned the reason for limiting the size to 144 s. f. and Mr. Petty discussed the
need to limit the size of display area, length of permit, and number of permits per year. The intent of the
language was to include 144 s.f. of display area The Commission discussed these issues at length and
indicated that there would probably be a need to require a specific length of time between permits in
order to allow for the proper clearing of the property
The Commission discussed the proposed requirements for Christmas tree lots and indicated that they
should probably be allowed in all districts.
The Commission discussed the proposed requirement for 5 parking spaces, and the possibility of
including a fee structure of $100 per permit.
MOTION: Upon a motion by Commissioner Pacheco and a second by Commissioner McGregor,
the Commission voted 4 FOR and 0 OPPOSE to call a public hearing on amendments to
the Zoning Ordinance for the August 14, 1997, meeting.
OTHER BUSINESS.
Ms. Diamond reviewed the upcoming agenda.
Mr. Petty requested that the Commissioners study the Comprehensive Plan and the tables to preparation
for the September 6th meeting. He reviewed the following density allocations:
Very Low Density 1 unit per acre
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Low Density 5 or less units per acre
Medium Density 5 1 to 12 units per acre
High Density > 12 units per acre
The Commission directed staff to include an agenda item of "Election of Officers" for the July 24, 1997,
meeting.
ADJOURN:
MOTION: Upon a motion by Commissioner Pacheco and a second by Commissioner Smith, the
Commission voted 4 FOR and 0 OPPOSED to adjourn the July 10, 1997, meeting at
10:30 p.m.
These minutes approved this 1Ay r�day of , 1997
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Secretary