Min - Planning and Zoning Commission - 1997 - 08/28 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
August 28, 1997
ATTENDANCE:
Commission Members Present:
Jeffery Kelley, Chairman
Ross Obermeyer, Vice-Chauman
Pamela Smith, Secretary
Jeff McGregor
Mark Pacheco
Susan Bartlemay
Commission Members Absent.
City Staff Presenf
Marcie Diamond, Senior Planner
Sally Leeper, Administrative Assistant
George Conner, Director of Public Works
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 730 p.m. by Chairman Kelley at the City Council Chambers, Allen Library, Two Allen Civic
Plaza, Allen, Texas.
PLANNING & ZONING COMMISSION
AUGUST 28, 1997
Consent Agenda
PAGE 2
(Agenda Item 11)
Chairman Kelley read the consent agenda into the record as follows:
"Consent Agenda
A. Approve Minutes of August 14, 1997, Regular Meeting.
B Final Plat - Consider a Final Plat of Brookside Phase t for Centex Real Estate
Corporation, being 24.267 acres of land in the R. C. Whisenant Survey, Abstract No.
1012, City of Allen, Collin County, Texas; further described as being north of Chaparral
and west of Allen Heights Drive
MOTION Upon a motion by Commissioner Smith and a second by Commissioner Obermeyer, the
Board voted 6 FOR and 0 OPPOSED to approve the Consent Agenda as presented.
Public Hearing
Twin Creeks 4A Reolat (Agenda Item IID
Chairman Kelley read the agenda item into the record as follows:
"Public Hearing - Consider a Replat of Lot 1, Block C, Twin Creeks 4A, for Twin Creeks Partners,
L.P., being a 5.43 -acre tract of land located in the Catherine Parsons Survey, Abstract No. 711, City
of Allen, Collin County, Texas; further described as being located north of McDermott Drive and
east of Alma Drive."
Ms. Diamond presented the plat to the Commission. She indicated that this plat represents a land swap
between the City and the landowner for the purpose of placing the hike and bike trail in a more
appropriate location. A portion of the flood plain has been filled, with approval of Public Works and
FEMA. The property transfer was accomplished by deed.
Chairman Kelley opened the public hearing.
Mr. Brad Meyer, Carter & Burgess, discussed the fact that this replat enables the City to make a better
park connection with the hike and bike trail in this area. It represents a swap of land from the developer
to the City. The grading was in agreement with the flood study, and approved by FEMA and the City A
detail study was provided to FEMA.
With no one else wishing to speak for or against the request, Chairman Kelley closed the public
hearing.
Commissioner Pacheco questioned whether any trees were involved in the filling of the flood plain. Mr.
Meyer indicated a small unprotected Vee was removed. All grading was completed prior to adoption of
the new tree ordinance. Commissioner Obermeyer indicated he felt this replat represented a positive
action for all parties.
MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner Obermeyer,
the Commission voted 6 FOR and 0 OPPOSED to approve the replat for Twin Creeks
[VA.
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AUGUST 28, 1997 PAGE 3
Public Hearing
Allen Central Ltd (P.D 55) (Agenda Item IV)
Chairman Kelley read the agenda item into the record as follows:
"Public Hearing - Consider request from Allen Central, Ltd. to amend Planned Development No. 55
to include an additional 12 8898 acres in Tract 4 (Commercial/Office) and to incorporate the existing
0.65 acres of Tract 5 (Linear Park) into Tract 4 (Commercial/Office), being 13.5488 acres of land
out of the Catherine Parsons Survey, Abstract No. 711, and the Michael See Survey, Abstract No
543, further described as being located south of McDermott Drive and west of Angel Drive."
Ms. Diamond presented the request to the Commission. The request is to amend Planned Development
No. 55 to include additional land. Staff is discussing traffic issues with the proponent at this time, and
the proponent has requested that this item be tabled until September 11, 1997; however, the public
hearing should be held at this meeting.
Chairman Kelley opened the public hearing. With no one wishing to speak for or against the
request, Chairman Kelley closed the public hearing.
MOTION: Upon a motion by Commissioner Bartlemay and a second by Commissioner Smith, the
Commission voted 6 FOR and 0 OPPOSED to table Agenda Item IV
Final Plat
Beverly Elementary School (Agenda Item V)
Chairman Kelley read the agenda item into the record as follows:
"Consider a Final Plat of Beverly Elementary School for the Plano Independent School District,
being 10.287 acres of land out of the John Huffman Survey, Abstract No. 416, City of Allen,
Collin County, Texas; further described as being east of Custer Road, north of Hedgcoxe
Road."
Ms. Diamond presented the plat to the Commission. She noted that the proponent was not in
attendance at the meeting The plat represents property for an elementary school to be built by Plano
Independent School District (PISD) Engineering has been approved.
Chairman Kelley indicated there were very few protected trees on this property and questioned the
certification of the tree survey Ms. Diamond indicated that the tree survey must be certified by a
Landscape Architect or a certified arborist, or verified by City staff.
Commissioner Obermeyer questioned whether a tax certified had been provided, and Ms. Diamond
provided a copy of the certificate. Commissioner McGregor discussed points of access for the site.
Ms. Diamond indicated that the zoning requires that Needham and Duchess be constructed with this
site, and an entrance will be provided from each of those streets. Mr. Conner indicated that these
PLANNING & ZONING COMMISSION
AUGUST 28, 1997 PAGE 4
streets, as well as Hedgcoxe Road, will be built with the surrounding Custer Hill Estates Phase B
Commissioner Pacheco expressed concern that the proponent was not in attendance at this meeting. He
further indicated a concern regarding the non -alignment of Duchess with Georgetown to the south in
Plano Ms. Diamond indicated that the Subdivision Ordinance does not address offset of streets. Mr.
Conner indicated that good planning should be used; however, the only option in this instance is to tell
the PISD that they cannot build the school in this location. Ms. Diamond indicated that the PISD had
purchased this property prior to any discussions of planning issues. Commissioner Pacheco indicated
he had a strong concern regarding this problem Mr. Conner indicated that he would work with the
City of Plano and attempt to have an island at both streets. Commissioner Pacheco indicated that this
represented very poor planning, and indicated that the Subdivision Ordinance should be amended to
include a requirement for a specific distance between street intersections.
Commissioner Obermeyer questioned whether there were any alternatives on this particular plat, and
Ms Diamond indicated that this particular issue was not discussed with the proponent, however, since
the Ordinance does not address the issue, a requirement cannot be placed on the plat at this time.
MOTION: Upon a motion by Commissioner Bartlemay and a second by Commissioner Smith, the
Commission voted 6 FOR and 0 OPPOSED to approve the plat for Beverly Elementary
School and to request staff to share the Commission's concerns regarding the street
intersections with the proponent and to work with the City of Plano in the design of
Hedgcoxe.
Tabled Item - Zoning Ordinance Revisions (Aeenda Item VI)
"Tabled Item - Consider ordinance amending Comprehensive Zoning Ordinance No. 1425-5-
96, amending Section 2 07, Paragraph 5, and Paragraph 1 of Sections 3 OI(B), (C), (D), (E),
(F), (G), (H) and (1)."
MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner
McGregor, the Commission voted 6 FOR and 0 OPPOSED to remove Agenda Item VI
from the table.
Ms. Diamond provided the Commission with staff's research of area cities regarding temporary use
permits for seasonal products. Most of the surveyed cities limit their permits to Christmas trees and
firewood. Among the cities that do allow seasonal products, an average fee is charged of $50 with
various time limitations set. The Commission discussed the information provided.
Chairman Kelley questioned the Commission as to whether they were interested in hearing from the
audience if there were additional comments, and the Commission indicated they were.
Chairman Kelley invited comments from the audience and the following persons spoke
Dr. Jerry Wilson, 1706 Clearbrook, Allen, Texas, expressed appreciation to the Commission for the time
they have spent on this issue. He stated he was representing a group of small business owners in Allen.
PLANNING & ZONING COMMISSION
AUGUST 28, 1997 PAGE 5
They are requesting a level playing field for all parties, but are not asking for special treatment. He
indicated that in a review of the proposed text, he feels that it is appropriate that non-profit agencies are
excluded from the permit process He feels that a number of temporary businesses that have set up in
town this year are not necessarily "seasonal' in nature. Specifically, he noted that plants and fruits and
vegetables are sold year around. He stated that he felt a 30 -day time limit would be appropriate.
Mr. Kenneth Harvey, 1415 Comanche, Allen, Texas, discussed the need for temporary businesses to
provide liability, sanitation, and cleanup.
Commissioner Bartlemay indicated that it was her understanding that a shopping center owner would
require proof of liability insurance. The Commission discussed the appropriate time limit for permits,
and suggested a 30 -day permit with no renewals, rather than the 15 -day permit and 15 -day renewal.
They discussed the fact that 10 days between permits was not long enough. Commissioner Pacheco
suggested adding a requirement for a sanitation agreement with an adjacent land owner or tenant.
MOTION. Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor,
the Commission voted 6 FOR and 0 OPPOSED to forward a recommendation to the City
Council to revise Comprehensive Zoning Ordinance No. 1425-5-96, as submitted, with
the removal of the allowance for a renewal, making the permit for 30 days, with 2
permits per year per location with 30 days between permits, and requiring a sanitation
agreement be provided by an adjacent land owner or tenant.
OTHER BUSINESS.
Ms. Diamond reminded the Commissioners of the September 6, 1997, Joint Meeting, and reviewed the
upcoming agenda for September 11, 1997
ADJOURN:
MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Pacheco,
the Commission Noted 6 FOR and 0 OPPOSED to adjourn the August 28, 1997, meeting
at 8:55 p.m.
Thernit ites approved this day of fg 'bL, , 1997
Chairman/ Pamela Smith, Secretary
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