Loading...
Min - Planning and Zoning Commission - 1998 - 02/26 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING February 26, 1998 ATTENDANCE Commission Members Present Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary (art. 7 16 p.m.) Susan Bartlemay (an. 7:17 p.m ) Mark Pacheco Paul Pennv Commission Members Absent: Jeff McGregor City Staff Present. Bill Petty, Director of Community Development Marcie Diamond, Senior Planner George Conner, Director of Public Works Peter Tian, Traffic Engineer Sally Leeper, Administrative Assistant WORKSHOP MEETING CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commission members present, the Allen Planning & Zoning Commission was called to order at 7:00 p.m. by Chairman Jeffery Kelley, at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. Ms. Marcie Diamond reported that the Commission's concern regarding the pedestrian easement in Morningside Phase 3 has been resolved with the Allen Independent School District (AISD). They have studied the Commission's desire to move this easement to the homeowner's association lot and have concurred. They have also concurred that the pedestrian easement to the north in a future phase should be eliminated. A Joint work session with the Commission and the City Council has been set for Monday, March 16th, at 4 00 p.m. The current Allen Municipal Messenger contains a message advising citizens that the draft of the Comprehensive Plan is available for review at City Hall. Also, the 1998 Demographics booklet is PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 available and copies were provided to the Commissioners. PAGE 2 Ms. Diamond advised that the nest agenda will include the preliminary plat for Twin Mills and a public hearing for the Martin property at the northwest comer of F.M 2551 and Bethany Drive Mr. George Conner provided an update on road conditions and construction projects. Chairman Kelley reported that he had recently attended a meeting with the Chairman of the Telecommunications Board and city staff regarding a proposed ordinance to regulate that industry within the City of Allen. A joint work session with the Cable Board will be proposed for a future Commission meeting. DISCUSSION REGARDING CONSENT AND REGULAR AGENDA ITEMS Ms. Diamond reviewed the traffic analysis for the Shelley public hearing on this agenda. The review indicates that a facilities agreement will need to be entered into prior to development for certain road improvements Intersection improvements are needed at Malone and the proposed collector street in order to support the proposed middle school. Mr. Conner indicated that the City could review the need for improvements if they become necessary prior to development. The possibility of allowing only a certain percent of development prior to intersection improvements to Bethany Drive was discussed. REGULAR MEETING Consent Agenda (Agenda Item III) Chairman Kelley read the consent agenda into the record as follows. "Consent Agenda A. Approve Minutes of February 12, 1995, Regular Meeting. MOTION: Upon a motion by Commission Member Oberrneyer and a second by Commission Member Bartlemay, the Commission voted 6 FOR and 0 OPPOSED to approve the consentagenda. 11 PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 3 Public Hearing Shelley Trac[ (Agenda Item V) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by The Estate of Walter Nash Shelley to place permanent zoning of Flood Plain -Planned Development with single-family residential, shopping center, day care, middle school, and park tracts, on 191.79 acres of land out of the D. B. Hearn Survey, Abstract No. 427, City of Allen, Collin County, Texas; further described as being located south of Bethany Drive between Malone Road and F.M. 2551 " Ms. Diamond presented the request to the Commission. It represents 191 acres south of Bethany between Malone and F.M. 2551. The property to the south is within the City of Parker Almost 20% of the land within this proposal will be dedicated to flood plain or rights-of-way. Tract 4 represents a park site. She detailed the requested uses, acres, and densities on each tract. Ms. Diamond noted that 3.6 acres of park land was required to be dedicated, however, the proponent is showing 4.6 acres of dedication. The proponent is requesting a minimum front yard setback within the R-5 tract of 20', a reduction from the 25' requirement of R-5 A maximum of 525 dwelling units is requested Staff has analyzed this request with relation to the 1992 Comprehensive Plan It is located within Neighborhood District 30. The Comprehensive Plan allows 3.3 dwelling units per acre in this neighborhood district, 13 acres of high density residential, and 20 acres of commercial. There is no public space (PSP) shown. Zoning that has occurred since the 1992 Comprehensive Plan was discussed. One tract will remain within this district (60 acres), being the Reid tract at the southwest corner of Bethany and F.M. 2551 Approval of this request would allow the Reid property to develop at 3 3 dwelling units per acre and remain with the units allowed under the Plan. If approved as proposed, this property would be developed at 3.48 units per acre. If 3.3 units per acre were applied to this tract, it would yield 500 dwelling units. Ms. Diamond reviewed the traffic impact analysis for this request, and noted that the recommendations include two issues: capacity of Bethany and intersection improvements at Bethany and Malone. This property owner does not control this intersection; however, when improvements are made these recommendations will be incorporated. An affirmative recommendation on this request should include improvements to the intersection of Malone and the east/west collector with the development of the school site in order to improve circulation to that site. Staff is recommending approval of the request subject to the following 1. A reduction in the overall gross residential density of 3.32 dwelling units per acre to be in accordance with the recommendations of the 1992 Comprehensive Plan. 2. At the time of platting, larger lots should be provided along the southern and northwestern boundaries of the tract to be more compatible with the existing zoning and development patterns adjacent to this tract. 1 3. At the time of platting, the subdivisions should be designed in such a manner to incorporate curvilinear street patterns and similar designs to off -set the potential negative impacts of the higher residential density. 4. At the time of platting, when required engineering and drainage studies are performed, a determination will be made as to the amount of flood plain needed for detention and the amount of PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 4 land that will be dedicated to the city for flood plains and park lands. 5. The collector street shall be constructed to standard width from Malone to F M. 2551 prior to the development of the middle school, day care center or park land, whichever occurs first. 6. Prior to submission of a preliminary plat on any portion of this tract, the property owner(s) will enter into a facility agreement to determine the timing and/or funding of the thoroughfare improvements adjacent to this tract. 7 The proposed 4 66 acre park tract (Tract 4) should be dedicated to the City of Allen at the time of platting. 8. Any land reclaimed from the flood plain on the east side of Tract 4 may only be used for the extension of the park tract. Ms. Diamond noted that the Parks Director, Don Horton, has indicated that the park site appears to be favorable; however, he would like the opportunity to review the possibility of acquiring additional flood plain land for park purposes at the time of platting. The proponent has prepared a concept plan, as requested by the Commission at their last meeting; however, this is for information purposes only, and only illustrates one way the property could be developed under the use and area regulations offered. Board Member Smith questioned the time frame for expansion of Bethany Drive. Ms. Diamond indicated that it would be determined by the development of properties adjacent to Bethany Mr. Craig Curry, PBS&J, discussed the proposal. Mr. Steve Brown, developer, was also available for the discussion. He reviewed a proposed concept plan and indicated that the proposed park site is outside the FEMA flood plain. The plan constitutes a large amount of detention in order to alleviate drainage problems to the south. Actual required detention would use approximately 5 acres; however, they are proposing a 20 -acre site that would be available for detention He discussed the density requirements of the Comprehensive Plan and the higher densities approved on adjacent property. He suggested that the additional park land intended for dedication, along with the detention area, should allow them the additional 25 units. He suggested that there might be other ways to calculate the density in order to reach the numbers stated in the Comprehensive Plan, such as dedicating some of the school land to the AISD and selling the remainder at a higher price. Thus they would receive credit for the dedicated land. Their intent is to sell the entire tract to the AISD at the same price they pay for it, which would be a non-profit sale. Mr. Brown indicated they would agree to constructing larger lots adjacent to Malone, and noted that Chaparral will constitute a natural barrier to the south, given the 120' of right-of-way However, they would also agree to restricting the lots adjacent to Easy Acres, as well as adjacent to Malone, to 7500 sq. ft. minimum. Mr. Brown noted that the proposal is intended to be developed as a Village concept, with a mix of house sizes and uses, and a substantial amount of open space as an amenity Only 120 acres will be developed as homes. He discussed the economics of the project, and the need for the additional 25 lots. The perimeter streets fall to this development because of the adjacency to Parker, and therefore, infrastructure costs will be high. Chairman Kelley opened the public hearing. Mr. Gary Oistead, 5509 Elisa Lane, Parker, stated that he concept plan presented to the Commission does not adequately describe the drainage problems of this property He stated he lived in Allen in 1984 and was a member of the Land Use Committee for the 1985 Comprehensive Plan. He noted that at that time this area was planned for ranch estates. He asked that the Commission give extra consideration to the drainage needs of the homes in Easy Acres He noted that it would be wonderful if the City of Parker would assist with the drainage needs, but did not know if this was possible. He expressed appreciation to PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 the city staff for giving Parker notice of this public hearing. PAGE 5 Chairman Kelley noted that the Commission would not be addressing drainage and engineering issues during zoning, however, would address these issues at the time of platting. Mr. Bill Petty discussed the drainage issues. He stated that the city has always kept the needs of Easy Acres regarding drainage in mind and will take these issues into consideration during engineering. The developer has pledged to work with the city and, in fact, will be required to address these issues. The city will not require that drainage will be less, but it will not be more, than existing conditions. Mr. Kenneth Bolin, owner of property to the west of the proposed middle school, discussed the possibility of moving the flood plain at the north end of this property toward the park. Otherwise, he feels this is a very good plan. Mr. Ernest Vigil, owner of the property located at the northwest corner of Malone and Bethany, spoke in favor of this request. Mr. Travis Summerlin, 5410 Elisa Lane, Parker, stated he appreciated receiving notice of the hearing. He would like to see the extra 25 lots denied because of the additional burden on the drainage. He added that his property has flooded at least two times within the past five years. Ms. Peggy Warren, 5506 Kara Lane, Parker, stated they have a drainage problem and appreciated the fact that the City of Allen will work with this issue. She questioned the 6 -lane Chaparral Road and whether there would be any distance from the road to the Parker property line. Mr. Petty indicated that the road will have 13 feet of green space on each side of the paving, with a median Ms. Warren stated that she feels this roadway will de -value the homes in Parker and would like to see it moved to the north. She discussed the problem if the property to the north develops prior to the Shelley proposal. She further expressed her appreciation to the City of Allen. With no one further wishing to speak for or against the request, Chairman Kelley closed the public hearing. Mr. Curry reiterated that the proposed park and open space area far exceeds that which would be necessary for detention. He noted that the existing problems in Parker cannot be addressed by them; however, additional water will not flow to the south. Mr. Marvin Shelley, current owner of the property, discussed the amount of land that is being lost to rights-of-way, parks, detention pond, etc. If Chaparral could be removed from the Thoroughfare Plan he would be very happy. He feels the additional density would be appropriate because of these issues. Commission Member Smith suggested that the staff recommendations were very thorough, and she supports each of them. She questioned the memo from Don Horton, and noted that his comments were not incorporated into the staff recommendation. Ms. Diamond stated that the only issue not addressed was "in the event the school does not purchase the property then proper zoning will need to be reconsidered this CF tract Commission Member Smith requested further explanation about the road situation and thoroughfare improvements, and need for a facilities agreement. Commission Member Penny noted he had no concerns at this time. PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 6 Commission Member Obermeyer complimented staff on a thorough review and supported the staff recommendations. Chairman Kelley questioned the need for the service station to be allowed by right, and stated he would be in favor of a Specific Use Permit (SUP) process to be maintained. Ms. Diamond stated that an SUP would require a site plan and without the SUP requirement the site plan would be completed by Code Inspections. In the event the Commission would desire, the SUP could be required. Mr. Brown noted that the owner, Mr. Shelley, had requested this be allowed by right in order to assist the streamlining of future development. Commission Member Smith stated she would support the requirement of the SUP for the service station. Chairman Kelley noted that the proponent has already agreed to the 7500 sq. f[. lots along Malone and Chaparral. The unit count would remain. He questioned drainage plans, and Mr. Curry discussed plans for the detention area. He stated that this would be sufficient for the necessary detention. He discussed the concept plan and noted that there were five streets connecting to Malone and advised the proponent that the Commission would probably prefer additional cul-de-sacs adjacent to Malone Mr. Curry stated that although Malone is a collector, and residential streets are allowed to empty into collectors, they will take this into consideration during the final design phase. Commission Member Pacheco questioned whether the proponent had considered phasing of the development. Mr. Brown noted that the most northern portion (40 acres) of the property would develop first. Commission Member Pacheco stated that the Commission will consider drainage issues during platting; however, he suggested a stipulation that the detention structures be constructed with phase one might be included. Mr. Curry questioned whether this would mean that the total detention structure would need to be completed or phased. He suggested a temporary structure be required with the permanent structure to be completed in phases. He questioned whether the city could allow funds for Chaparral to be escrowed rather than construction being required at the time of development? Mr. Petty stated he will review issues with relation to the facilities agreement. Commission Member Pacheco indicated that the SUP should be required for a service station. He feels this development is well thought out with amenities such as open space and park land. He understands that Parker residents have concerns regarding drainage. Commission Member Bartlemay agreed with previous comments. She feels the park land is a positive issue, and desires the SUP be required for the service station. She agrees with staffs proposal regarding traffic issues. She does not support the extra density Commission Member Obermeyer questioned the 20 -foot front yard setback being requested within the R- 5 tract. Mr. Brown stated that this was a result of discussions with builders who have indicated that they require additional depth for the homes that will be built. Commission Member Pacheco discussed the Reid tract to the northeast, and the fact that it is the last tract in this neighborhood district. He questioned how it is to be developed. Ms. Diamond noted that the 1992 Comprehensive Plan includes high density and commercial acreage for 3 this district. She stated that the proposed update to the Comprehensive Plan might reduce the high density to low density, and this would leave 3 2 available for single family on this tract. Commission Member Smith noted that the standard front yard setback for R-5 is 25 feet. The other two PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 7 tracts in this request, R-6 and R-7, both allow 20 feet. Mr. Brown noted that some of the R-5 lots are deeper than required for R-5, and suggested that the 20 feet may be appropriate as a minimum with the possibility of a larger setback on the deeper lots. Mr Shelley stated that they are only requesting a 5% increase in the number of lots, and discussed again the encumbrances upon the property Chairman Kelley stated he does not feel the increase of 25 lots is significant He understands the recommendation of staff as it relates to the Comprehensive Plan; however, he feels consideration should be given to the park land and right-of-way and flood plain issues. Commission Member Smith stated that the lands that are being dedicated are considered into the density credits. She discussed the differences between the gross and net density Mr. Brown reiterated that the required park dedication was 3.6 acres, and they are dedicating 4.6 acres. Ms. Diamond noted that density credit is being given for the extra I acre. Mr. Curry stated he feels the staff recommendation is based on the Comprehensive Plan, and Mr. Petty added that this is correct. Credit has been given for all right-of-way and dedicated lands. He added that staffs recommendation is based on the guidelines of the Comprehensive Plan, and the Commission has the right to recommend something different. Commission Member Obermeyer discussed the need to consider future development, and the need for density on the Reid property Commission Member Penny discussed the fact that the Comprehensive Plan is a guideline only, and the job of the Commission is to consider all of the issues. His only concern is the need for the SUP for the service station. Mr. Curry further discussed the possibilities connected to the sale of the school to the AISD and the fact that they could have dedicated some of the land, been given credit for those acres, and raised the price on the remainder. Ms. Diamond reviewed the units of high density that are not being used in this neighborhood district. Allowing the extra 25 units here, and 3.5 units on the Reid property would develop this district within or under the units allowed by the Plan. Commission Member Bartlemay stated she does not feel that 25 units would make a large difference; however, it seems to always be the case that the proponent asks for additional units. Mr. Brown indicated that if they are required to reduce the number of lots, it would probably take place on the southern end of the property He noted, however, that the school site is being sold at their cost. If they are not given the additional 25 lots, they would probably amend the deal with the school district to give them some land and raise the price on the remainder in order to get credit for the land given to the AISD. Mr. Petty agreed that if land is given to the city or school, they can receive credit for density Commission Member Pacheco stated he feels the amenities proposed indicate an allowance for density. Commission Member Bartlemay suggested allowing a 20 -foot front building line on only a portion of the lots Mr. Brown noted that out of the 78 lots in question, 25 lots could accommodate the 25 -foot setback. He requested 50% be a minimum of 20 feet and 50% be a minimum of 25 feet. PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 8 Chairman Kelley questioned whether the commissioners felt that 7500 sq. ft. lots were appropriate adjacent to Easy Acres. He noted that Chaparral Road provides a good buffer. It is noted that Allen is a different community from Parker. Mr. Brown stated that a rear yard wall would be built by the builder within the residential lots along Chaparral, but not a subdivision wall. Mr. George Conner noted that if an alley is constructed, a traffic barrier wall would be required. Mr Petty stated that there was one additional staff recommendation. Staff requests that prior to final plat, the proponents should enter into a satisfactory facilities agreement with the City of Allen for roadway construction or funding. They would like to work with the developer to determine which streets will need to be built with the first phase. He noted that Chaparral would probably be the last thoroughfare constructed in this area. Commission Member Obermeyer noted that staff recommendation No. 6 would cover this requirement. Commission Member Smith questioned Bethany/Malone traffic recommendations. Mr. Petty noted that Bethany will be a problem with ultimate development of this tract unless the Reid property develops, which would allow completion of Bethany to F.M. 2551. Chairman Kelley questioned development of Malone prior to development of the school, and Mr. Petty noted that this is included in staff recommendation No. 5 regarding the east/west collector street being constructed with the school property Ms. Diamond suggested that Malone from the collector north of Bethany should be built to standard prior to the school opening. Chairman Kelley noted that roadways adjacent to development should be constructed as development occurs. Commission Member Smith noted that recommendations regarding the park tract should be changed to include "shall" rather than "should " MOTION: Upon a motion by Commission Member Bartlemay and a second by Commission Member Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to approve the request with the following stipulations: 1. An SUP will be required for a service station in the SC tract. 2. Numbers 2-7 of staff recommendations are to be included as stipulations. (2) At the time of platting, larger lots should be provided along the southern and northwestern boundaries of the tract to be more compatible with the existing zoning and development patterns adjacent to this tract. (3) At the time of platting, the subdivisions should be designed in such a manner to incorporate curvilinear street patterns and similar designs to off -set the potential negative impacts of the higher residential density (4) At the time of platting, when required engineering and drainage studies are performed, a determination will be made as to the amount of flood plain needed for detention and the amount of land that will be dedicated to the city for food plains and park lands. (5) The collector street shall be constructed to standard width from Malone to F.M. 2551 prior to the development of the middle school, day care center or park land, whichever occurs first. (6)Prior to submission of a preliminary plat on any portion of this tract, the property owner($) will enter into a facility agreement to determine the timing and/or funding of the thoroughfare improvements adjacent to this tract. PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 9 (7)The proposed 4.66 acre park tract (Tract 4) shall be dedicated to the City of Allen at the time of platting. (8) Any land reclaimed from the flood plain on the east side of Tract 4 may only be used for the extension of the park tract 2. Lot sizes along Malone and Chaparral shall be a minimum of 7500 sq. ft 3. There shall be a maximum of 525 dwelling units on the property 4. The five traffic recommendations are attached. 5. Front yard setback for a maximum 50% of the lots in the R-5 district shall have a minimum of 20 feet; the remainder shall be 25 feet. The Commission discussed whether the sale has been completed to the AISD. Mr. Brown stated it had not. He confirmed that the land will be sold the AISD at his cost. FINDINGS: 1. Consideration was given to density based on the school's ability to acquire the land at cost. 2. The proposed land uses were appropriate. 3 The City is receiving benefits from the proposed land uses. 4. Consideration was given to extra amenities such as extra park land and open space. 5. Drainage issues were discussed and will be addressed at the time of platting. 6. The proponent has offered larger lot sizes than standard for the districts proposed. 7 Parker residents were assured that no additional drainage will occur on their property as proper engineering will be required by the City of Allen. 8. Persons speaking against this request based their comments on drainage, not on land use. L PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 10 Public Hearing Planned Development No 46 (Agenda Item VI) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by Pillar, L.C. to expand the existing Tract 2 of P.D. 46, currently zoned Multi -family, to incorporate two small tracts of land. The portion of Tract 1 being considered contains 0.998 acres of land currently zoned Community Facilities, and the portion of Tract 3 being considered contains 0.928 acres currently zoned Garden Office. The property is described as being 1.93 acres of land, a part of the William Perrin Survey, Abstract No. 708, and a part of the George W Ford Survey, Abstract No. 328, being a part of Lot 2 of Deer Crest Addition, City of Allen, Collin County, Texas; further described as being located west of Jupiter Road and north of White Oak " Ms. Diamond presented the request to the Commission. She reviewed the current Planned Development (PD) land use requirements The request is to incorporate two small tracts of land into the Multi -family (MF) tract. The proponent desires to develop under MF regulations, with a reduction in density from 18 to 15 units per acre with a townhouse type development. This request will increase the units to this planned development by 12 units total. No traffic study was required. Ms. Diamond noted that the original planned development contains a condition that a screening wall will be required along the southern property line of the PD with any development within the PD. She suggested that a change in the PD regulations might be considered, noting that the screening wall should be constructed with any development adjacent to the property to the south. The extension of Prestige Circle was noted on the original PD from S.H. 5 to Jupiter Road. The new Tranplan model has been run and indicates a need for this connection. She also stated that in conversations with neighborhood residents, they desire this street because they are experiencing a significant amount of cut -through traffic in their alley and street. The two strips under consideration me basically unusable in their present configuration, and therefore staff is recommending approval, subject to a maximum density of 15 units per acre, a change in the PD conditions to indicate that the screening wall be developed with adjacent development, and that prior to platting a facilities agreement be entered into to share the cost of the Prestige Circle extension among the existing property owners within the PD. The portion owed by the First Presbyterian Church currently constructed within this PD would need to be funded by the City. Mr. Petty reviewed the history of this PD. At the time of zoning there was a single owner within the PD and it was assumed this roadway would be built with development. He reviewed the fact that the Methodist Church owns a 30 -foot strip of land to the north of this request, for access to Jupiter Road. The property to the south has been purchased by the Allen Church of Christ. There desire is to eliminate this road They were advised of the results of the Tranplan model. Staff is suggesting that the cost of this roadway should be assigned to the entire 35 acres on a pro rata basis, based on a per acre ownership. A facilities agreement would be entered into prior to final platting. However, if something happens that the road is eliminated, then the funds would be returned. It is anticipated that this road will carry over 6,200 trips per day. Chairman Kelley considered the remaining zoning on the property It will remain MF and Community Facilities (CF) to the south, and Garden Office (GO) to the west, although entirely owned by the Church of Christ. Mr. Steve Wolstenhulme, President of Pillar. L.C., provided information showing the proposed project These units will include two -car garages, will be 1200 to 1500 sq. ft , 3 bedroom units. The price range will be around $120,000. They are requesting a reduction in density from 18 units per acre to 15 units per acre. PLANNING &, ZONING COMMISSION FEBRUARY 26, 1998 PAGE 11 He stated they would like to eliminate their participation in the requirement for the screening wall on the southern portion of this PD, given that it is off-site. Chairman Kelley opened the public hearing. Mr. Weldon Mewsome, 505 S. Greenville Avenue, stated he was opposed to the change in zoning because it would allow the development to overlook his back yard. He suggested that if these two areas were originally designed as a buffer, they should remain so. Mr. Rex Taylor, 26 White Rock Trail, Lucas, member of the Allen Church of Christ, was in favor of the request to make use of the two strips of land, and added that he feels that the integrity of this PD has been lost because of the nature of existing development. The Allen Church of Christ has purchased the 17 acres at the southern end of the PD, and they will be proposing a change to the PD. The screening wall originally required along the southern border of the property was placed there because of the intended GO uses. They feel this will not be necessary with a church development. They agree that the street (Prestige extension) would have been necessary with the uses originally planned; however, they will propose a development where this street is not required. Mr. Gene Jackson, 5785 C.R. 317, Collin County, requested a definition of the screening wall, and clarification as to who should build it. He stated that current zoning would allow a developer to receive sufficient return of investment to construct the street; however, a church would not have sufficient funds to construct the street. They were only notified in recent days that the Tranplan has been run which shows the need for this street. He questioned whether traffic counts have been run within the subdivision to the south Mr. Jackson requested that the Commission consider the issues of the street and the screening wall. Mr. Mike Hill, 537 White Oak, stated he would like to see this property develop He is in favor of the Church of Christ developing on the southern portion of this PD. He is opposed to any increase beyond the current zoning in the total number of MF units to be developed within the PD He is in favor of including the strip of Tract 2, but opposed to including the portion of the CF tract to the north. He questioned the status of the martial arts school and Specific Use Permit on the CF property to the north. He is concerned about the MF zoning remaining south of this proposal. If the remaining MF develops at 18 units per acre, this would exceed the allowable units within the MF district. He noted that this property at one time was zoned R-2. He stated that the east/west roadway is very important to his subdivision. He stated that a traffic study along his street and alley would indicate the need for this roadway Mr Hill suggested that the road be moved to the north to possibly split the boundary line between the property owners. He is opposed to any reduction in the proposed screening within the PD. He was opposed to allowing any zoning that would allow additional units. Mr. Owen Justice, 535 White Oak, stated that the roadway is imperative to his neighborhood. He feels the traffic on his street will increase with this proposed development. The screening wall is absolutely necessary Mr. Weldon Newsome discussed the developability of the CF tract to the north. Mr. Hill stated his wife had been at the meeting earlier, but due to the late hour had to leave. She would have agreed with his comments. He discussed the developability, of the CF tract and the possibility of moving the Methodist Church's easement of the south and including that property with the property for sale to the north. PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 12 With no else wishing to speak for or against this request, Chairman Kelley closed the public hearing. The proponent stated that they have closed on the property, and own it at this time. They have attempted numerous land swaps with adjacent property owners. He suggested that a small retail strip between his property and the church property to the north would not be an appropriate use of the land. He stated that his development is actually not an apartment complex, but a townhome development, not a rental MF apartment complex Commission Member Bartlemay stated it would be important to collect funds for the roadway in the event it is determined to be necessary Regarding the screening wall requirements, she feels it should be left within the PD requirements and constructed with adjacent development. She feels the northern strip is basically undevelopable, as well as the western strip. She appreciates the proposal for a reduction in density. Commission Member Pacheco stated that concerns about the roadway should be considered at a later time. Regarding the screening, with GO zoning, this requirement should remain. He felt it should be constructed with adjacent development; however, the MF tract might need to share in the cost. Regarding density, the existing PD allows 150 units. This development will have 109 units. He feels the remaining three MF acres will probably not develop as MF, as it is currently owned by the Church of Christ. He feels the request is appropriate. Commission Member Obermeyer agreed, as did Commission Member Penny Commission Member Smith stated she is in favor of incorporating the two strips of land. She agreed with staffs recommendation regarding a facilities agreement prior to platting regarding the screening wall, she noted that the PD requires the first to develop should construct the screening wall, and possibly the cost should be shared. Mr. Petty suggested that for the church to develop within the GO District, the zoning will have to be changed, and these issues regarding the screening wall could be addressed at that time. Chairman Kelley stated he would support the proposal with staff's recommendations. Discussion was held about the possibility of moving the east/west road alignment to the north at the time of the Church of Christ presents their development proposal. Commission Member Pacheco reviewed the following considerations: 1) Who will pay for the road, and will the Presbyterian Church be asked to share? 2) screening wall, timing of construction. Staff recommended that the cost sharing on the road be shared between the owners within the original 35 acres, with the City paying the portion owed by the Presbyterian Church. Commission Member Pacheco reviewed the fact that there is a 15 -foot strip of property and a 15 -foot strip of TU Electric easement north of the White Oak Subdivision, and south of this PD. PLANNING & ZONING COMMISSION FEBRUARY 26, 1998 PAGE 13 MOTION: Upon a motion by Commission Member Pacheco and a second by Commission Member Bartlemay, the Commission voted 6 FOR and 0 OPPOSED to approve the request to amend Planned Development 46, with the requirement that prior to platting of any property within the PD a facilities agreement be executed for the cost of the street improvements based on a pro rata basis on the entire PD, indicating screening requirements along the south side of the PD be required prior to development in Tracts 4 or 5, under the current zoning; and a maximum density of 15 units per acre within the MF tract be allowed. FINDINGS. 1. All representative property owners within the PD were satisfied with the proposal. 2. Given the constraints of the property, this is the best use of the property and makes the property usable. 3. The need for the road was shown. Commission Member Bartlemay stated that she will be filing for City Council Place 4 and therefore will be resigning her position on the Commission. ADJOURN: MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 6 FOR and 0 OPPOSED to adjourn the February 26, 1998, meeting at 11.30 p in. These minutes approved this 12th day of March, 1998. Ross Obermeyer, Chmnnan Pamela Smith, Secretary