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Min - Planning and Zoning Commission - 1998 - 03/26 - RegularALLEN PLANNING & ZONING COMMISSION I REGULAR MEETING March 26,1998 ATTENDANCE: Commission Members Present Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Jeff McGregor Pamela Smith, Secretary - arrived 7:15 p.m. Mark Pacheco Paul Penny Commission Members Absent. None City Staff Present: Marcie Diamond, Senior Planner George Conner, Director of Public Works Dan Tracy, Civil Engineer Don Horton, Director of Parks and Recreation Pam Conway, Department Secretary 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 Kelley, at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. Ms. Marcie Diamond discussed the Vacation Plat, Item C on the consent agenda. She indicated that -this property was platted in 1985, prior to the establishment of the Twin Creeks zoning. The easements and R.O.W would be vacated by this plat and re-established when new final plats are filed. Commission Member Pacheco and Mr. George Conner stated that they prefer not to file the Vacation plat at Collin County until the easements are recreated on the Final Plat and approved and filed of record at Collin County This item will be removed from the consent agenda. A request has been received from the proponent to remove the request for New and Unlisted Use of Ballroom/Dance Hall/Private Club from this agenda. Commission Member Smith questioned if they would be receiving a tree survey on the Twin Creeks Multifamily preliminary plat. She feels we need a complete tree survey submitted with that preliminary plat. Commission Member Jeff McGregor noted that he had not received page 3 of the Minutes of March 12, 1998. With that statement, the other Commission Members agreed they also needed page 3. Page three was distributed to each Commission Member. Copies will also be distributed to others who received a packet. ., PLANNING &, ZONING COMMISSION MARCH 26, 1998 PAGE 2 REGULAR MEETING Chairman Kelley requested that Item C, Vacation Plat of a Replat of Bray Central One, be removed from the Consent Agenda. He also noted an error on the acreage on item D. The acreage should be corrected to read 7.931 Consent Aeenda (Aeenda Item III) Chairman Kelley read the consent agenda into the record as follows. "Consent Agenda A. Approve Minutes of March 12, 1998, Regular Meeting. B. Approve Minutes of March 16, 1998, Joint City Council/Commission Meeting D. Replat - Consider replat of Lot I, Block 3, Millennium Business Park, being 7.931 acres located in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, further described as being located at the northeast corner of Bethany Drive and Century Parkway." MOTION: Upon a motion by Commission Member Mark Pacheco and a second by Commission Member Ohenneyer, the Commission voted 6 FOR and 0 OPPOSED to approve items A, B and D of the Consent Agenda, with correction of acreage on item D. Vacation Plat Rental. Bray Central One (Agenda Item IV.C) Chairman Kelley read the agenda item into the record as follows: "Vacation Plat - Consider vacation plat of Lots 1,2,3, and 4, Block A, and Lots 1 and 2, Block B of a Replat of Bray Central One, an Addition to the City of Allen, Collin County, Texas, being 101.876 acres of land in the John Fyke Survey, Abstract No. 325, W J. Jackson Survey, Abstract No. 484, William Perry Survey, Abstract No. 708, Catherine Parsons Survey, Abstract No. 711, and the A. B. Perrin Survey, Abstract No. 713; further described as being located north of McDermott Drive and west of Watters Road." Brad Meyer, Carter and Burgess, indicated the plat was submitted as a Vacation Plat per staff s request. Commissioners voiced their concerns regarding the vacation of a plat without approval of a final plat to recreate the easements. Mr. Meyer indicated the easements were not yet accepted by the City Only the Sanitary Sewer easement is in use at this time. George Conner was in agreement with this. Commission Members and Mr. Meyer agreed the vacation plat would not be filed of record at Collin County until the easements were recreated and approved on the final plat. A PLANNING & ZONING COMMISSION MARCH 26, 1998 PAGE 3 MOTION: Upon a motion by Commission Member Pacheco and a second by Commission Member Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to approve the Vacation Plat for Bray Central with the notation made that it not be filed of record at the county until a Final Plat, recreating all easements, is approved. Tabled Item Martin Tract (_Agenda Item V) Chairman Kelley read the agenda item into the record as follows - "Public Hearing - Consider a request from Ben Martin to place permanent zoning of 58 336 acres of Residential -5 (R-5) zoning on Tract 1 and 8.822 acres of Shopping Center (SC) zoning on Tract 2; being a tract of land situated in the William Snyder Survey, Abstract No. 821, City of Allen, Collin County, Texas; further described as being located at the northwest corner of Bethany Drive and F.M. 2551 " Ms. Diamond informed the Commission that the Traffic Impact Analysis has not been received at this time, and requested that the item remain tabled. No action was taken on this agenda item. Final Plat Greenwood Valley Commercial (Agenda Item VI) Chairman Kelley read the agenda item into the record as follows: "Final Plat - Consider final plat for Fox Micro International, Inc. of Greenwood Valley Commercial, being 3.6515 acres out of the J. Davis Survey, Abstract No. 255 and the J. A. Taylor Survey, Abstract No. 908, and being a replat of all of Lot 1, Block A of Greenwood Valley Installment No. 1, an addition to the City of Allen, Collin County, Texas; further described as being located at the southwest corner of Main Street and Allen Heights Drive." Ms. Diamond presented the final plat to the Commission. She reminded the Commission that a Specific Use Permit was approved for a Service Station on this property. There me no trees located on the property, and Engineering approval has been received from Public Works. Staff recommends approval Commission Member Pacheco questioned the existing alley along Shadow Lakes. Ms. Diamond stated that this commercial property will not have access to that residential alley MOTION: Upon a motion by Commission Member Obermeyer, and a second by Commission Member Pacheco, the Commission voted 6 FOR and 0 OPPOSED to approve the request for Greenwood Valley Commercial. PLANNING & ZONING COMMISSION MARCH 26, 1998 PAGE 4 Public Hearing Bethany Creek Estates Phase B (Aeenda Item VII) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by Tipton Engineering representing D. R. Horton Texas, Inc. to amend the building lines within the Bethany Creek Estates Phase B Addition by decreasing the front yard building line from 25 feet to 20 feet and increasing the rear yard budding line from 15 feet to 20 feet, on 37.5541 acres of land located in the Simon Burns Survey, Abstract No. 92, City of Allen, Collin County, Texas; further described as being located north of Bethany Drive east of Bethany Lakes Park." Ms. Diamond presented the request to the Commission. She stated that the request is to amend the front building line from 25 to 20 feet, and the rear building line from 15 feet to 20 feet. Staff recommends denial of this request based on the fact that the surrounding property, which is zoned R-5, was developed under standard R-5 regulations and there appeared no rational basis for this request. Mr. Steve Topletz, 310 East I- 30, Garland, TX spoke representing D.R. Horton Homes. Mr. Topletz stated that, with the 25 ft. building lines, he has unbuildable lots. He also asked the Commission to consider this as a hardship for D.R. Horton Homes as well as for the City of Allen. Mr. Topletz stated that this property would remain on the tax rolls as vacant, unbuildable lots. He continued, and submitted photos to the Commission Members of homes in the Glendover park addition with the 20 foot setback, along with photos of homes built with the 25 foot setback. He suggested that the pictures show only a marginal visual difference, if any at all His desire is for the customer to have a larger back yard. Chairman Kelley opened the Public Hearing. Felisha Flippen, 1032 Mark Twain, Allen, TX. Ms. Flippen spoke representing D.R. Horton. She stated the customers' desire is for a larger back yard. She also stated that many home buyers have commented to her that they chose Allen over Plano because Plano has "postage stamp" size yards. She believes that families want and need the larger back yard than can be provided with the 25 foot setback. With no one else wishing to speak FOR or AGAINST the request, Chairman Kelley closed the Public Hearing. Commission Member Smith stated that she is in favor of the request. She believes that larger back yards is the market trend. Commission Member Pacheco questioned Mr. Topletz regarding the number of unbuildable lots. Mr. Topletz responded that it is 30 or 40%, which is almost 60 lots. Commission Member Obermeyer asked where did we (the Commission) fail in this process when the plat was originally approved? How did we get unbuildable lots? Mr. Topletz said that they are, in fact, buildable, but an injustice to the customer. He again stated there was a hardship for the builder Ms. Diamond reiterated that this request represents the builder's preference for use of certain building footprints of these lots, also given the proposed rear entry alleys, the rear yard will, in effect, be 20 feet. Staff cannot support a variance for this. PLANNING & ZONING COMMISSION MARCH 26, 1998 PAGE 5 Commission Member McGregor questioned if the entire development would change to 20 foot setback, or just the blocks/lots affected? Mr. Topletz answered that he would only request the 20 foot setback on the lots with a hardship. Ms. Diamond noted that this was the first the staff had heard the request be on a lot -by -lot basis. The submission was requested on the entire subdivision. She noted that the Board of Adjustment hears cases for variance on case-by-case bans Commission Member Pacheco stated he has a problem with this being presented as a hardship He agrees that back yards need to be deeper. He is not happy with a request to change the approved plat. Chairman Kelley questioned if the Commission could change the setbacks on a lot -by -lot basis? Ms Diamond stated that a revised Final Plat would have to be brought back to Commission to insure the condition is met She also noted that there is conditional zoning on this property already, and the Commission could choose to add to that condition. Commission discussed which lots/streets would be in need of this reduced front yard setback and it was determined that this reduction of front yard setback may be limited to certain areas within the development. MOTION: Upon a motion by Commission Member Smith, and a second by Commissioner Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to approve the 20 foot setback for lots fronting Normandy and Berkeley only, and shall be noted on the final plat as such. FINDINGS. -16e 't ,(4�l�el�p� 1. The request was reduced to include only lots f COS ley, which are internal to the tract and will not affect the adjacent prope F4- 2. The rear yard setback was increased to offset Q hd ;tback, which will provide for larger back yards. 3. The request allows greater flexibility in flc e . 't__ hrough the Comprehensive Plan. Preliminary Plat Twin Creeks Multi -Family (Agenda Item IX) Chairman Kelley read the agenda item into the record as follows, "Preliminary Plat - Consider request by Twin Creeks Partners, L.P., for Preliminary Plat for Twin Creeks Multi -Family; being 101.876 acres of land located in the John Fyke Survey, Abstract No. 325, W J. Jackson Survey, Abstract No. 484, William Perrin Survey, Abstract No. 708, Catherine Parsons Survey, Abstract No. 711, and the A. B. Perrin Survey, Abstract No. 713, City of Allen, Collin County, Texas; further described as being located north of McDermott Drive, and west of Watters Road." Ms. Diamond presented the preliminary plat to the Commission, noting that this represents the entire 101 acres. A Final Plat has been submitted for the alignment of Bray Circle and the dedication of the greenbelt/flood plain area The proponent asked that the complete Tree Survey be delayed until Final Plat, PLANNING & ZONING COMMISSION i MARCH 26, 1998 PAGE 6 however; the tree survey of the trees within the street right of way is included in the packet. Public Works has approved the preliminary engineering. Commission Member Smith voiced concern that the Tree Survey was not submitted with the Preliminary Plat according to procedure. Mr. Brad Meyer, Carter and Burgess, indicated his desire to dedicate the Greenbelt and R.O.W in the most efficient manner. He stated he is not trying to circumvent any requirements. His intent was to show only the trees that would actually be affected by the R.O.W He continued by stating that submitting a Tree Survey without the Multifamily site plan wouldn't be of any benefit. Mr. Meyer indicated that he is only building the road. Mr. Meyer stated that the Final Plat will show the fire lanes, etc. and a site plan with the tree survey will be submitted at that time. Chairman Kelley wondered what the Commission could do at Final Plat to request any revisions to the plat due to tree cover, when the site plan is not part of the platting process. Commission Member Pacheco stated that if it meets regulations, they have to approve it. Commission Member Smith questioned how many apartment units would be built. Mr. Meyer was unsure He's the seller and building the road only Ms. Diamond stated that there may be approximately 400 units. Mr. Meyer agreed, he had heard that number. Commission Member Smith expressed concern about the traffic that would be generated by the apartments and surrounding areas when developed. She asked to see the traffic studies that were done during zoning. Commission Member Smith stated that she will not vote to approve this plat without a complete tree survey and review of the traffic study. Ms. Diamond reminded the Commission that they can approve a preliminary plat with stipulations. Commission Member McGregor asked why the streets were named so much alike. (Bray Central and Bray Circle). Mr. Meyer responded that they were existing street names and the names could be changed if desired. Commission Member Pacheco would also like to see the traffic study. He is also concerned about the traffic. Commission Member Smith stated that no signal light would be installed at this location. Her desire is to be sure all relevant information is reviewed out of respect for all existing property owners surrounding this property Mr. Meyer indicated to Commission that the zoning for Twin Creeks was a long process, in which all details were discussed. The Traffic Study which was done was reviewed by the City's consultant and approved and adopted He stated that he should be able to rely on that. Commission Member Pacheco questioned if an impact study had been done considering all the properties developing at once? Mr. Conner indicated that it had been considered by the City's Traffic Consultant. Commission Member Pacheco stated that Lot 2 is zoned MF/CF, and indicated that the school district has first opportunity to purchase. If they decline, it will be developed as multifamily Ms. Diamond noted that the A.I.S.D. still advised that they have every intention to purchase that property Commission Member Pacheco indicated his desire to table this request until a Tree Survey is submitted and Traffic Study can be reviewed, noting that he does not desire to set a precedent by not requiring a Tree Survey to be submitted at preliminary plat phase. Mr. Meyer indicated his desire to construct a temporary road to allow for additional access to Watters Road until the remainder of the roadway is constructed, to help alleviate some of the traffic concerns. PLANNING & ZONING COMMISSION MARCH 26, 1998 PAGE 7 Mr. Steve Allen, 761 Heritage Parkway, Allen, TX, spoke regarding the zoning of Twin Creeks. He stated he was on the Planning and Zoning Commission at that time. He questioned if the apartments were being developed in accordance with that zoning. Ms. Diamond explained that the apartments currently under development are located in P.D. 52 (formally John Green's land) and not part of P.D. 54, and not subject to the same architectural controls. Chairman Kelley stated that the request meets zoning, he is satisfied with it as it is, without the tree survey. He stated that the tree survey is not an issue. He continued by stating that staff placed the requirement on the developer to preliminary plat instead of a re -plat which does not require a tree survey Commission Member Obermeyer suggested bringing the preliminary plat back to the Commission along with the final plat, on the next agenda, since time is an issue with the proponent. Also, this would allow the preliminary plat to be tabled, Commission can have an opportunity to review the Traffic Study and the completed tree survey and feel more comfortable approving it at the next meeting. MOTION: Upon a motion by Commission Member Oberrneyer and a second by Commission Member Jeff McGregor the Commission voted 4 FOR 2 OPPOSED to table the Preliminary Plat for Twin Creeks Multifamily, with Commission Member Penny and Chairman Kelley voting against the motion. Chairman Jeffery Kelley was opposed. Staff is to provide a complete Tree Survey and provide a summary of the Traffic Impact Analysis performed for Twin Creeks zoning and analysis of the current TranPlan recommendations. Preliminary Plat Twin Mills (Agenda Item X) Chairman Kelley read the agenda item into the record as follows: "Preliminary Plat - Consider preliminary plat for Dr. David Bishop and Mr Clarence Carter and Twin Mills; being 12.527 acres out of the George W Ford Survey, Abstract No. 323, City of Allen, Collin County, Texas; further described as being east of Heritage Parkway between Bethany Drive and Park Place." Ms. Diamond presented the request to the Commission. One of the proponents, Dr. David Bishop, Allen, TX, presented a slide presentation showing an aerial of Allen Heights/Horseshoe Lake at Bethany Lakes Park and the surrounding area. Dr. Bishop is requesting to maintain ownership of the flood way His intent is to construct a covered bridge and a water wheel. He showed slides of the depth of the creek and the terrain around it. He does not want a public trail system through his private property (he owns both sides of the creek). He maintains that he would not be interrupting the trail system, because it could be continued along the street frontage. Clarence Carter, 760 Allen Heights Drive, Allen, Texas, stated that he bought the property so he could use the creek as part of his yard. He lost half an acre in the widening of Allen Heights Dr. Now the City wants more for a trail system and flood way easement. He has maintained his part of the creek for many years with no problems. He also is requesting to retain the ownership of the creek and not to require the hike and bike trail. Regarding the misalignment of the proposed streets across Heritage Parkway to the existing streets, he does not anticipate any problems. PLANNING & ZONING COMMISSION MARCH 26, 1998 PAGE 8 Jim Brazeal, 732 So. Allen Heights, Allen, TX. Mr. Brazeal stated that the creek is 14 feet deep. It is an eroded creek with drastic drop offs. He feels the city's desire to obtain this flood area is impractical. Steve Allen, 761 Heritage Parkway, Allen, TX. Mr. Allen doesn't know why the City wants ownership of this flood plain. He thinks that the proponent's plan for development is a good plan. Ronald Rodenbaugh, 312 Central Expressway North, Allen, TX. He stated that there is no room to put a trail through his property. Commission Member McGregor questioned whether a homeowner's association or something similar was planned. Commission Member Pacheco expressed concern about the future in the event that this property is no longer owned by the proponents. He and other commission members expressed their confidence in the current property owner's ability to maintain the creek. The concern they have is with who may purchase the property to the future. Dr. Bishop stated that the creek is self maintaining. Commission Member Smith stated several reasons to support the proponent's request: 1. Not many areas like this in Allen. (Three that she knew of) 2. Thinks it's beautiful. 3. Long Term established owners. 4. Very costly for city to construct a bridge with a trail system. City spending unnecessary dollars. 5. City's trail plan (for this specific area) is poor in her opinion. 6. Owners own both sides of creek. 7 We don't have to own flood area. 8. Flood plain not useable for recreation/trails, etc. 9. Don't want to intrude and min this area. Commission Member McGregor questioned Mr Don Horton, Director Parks & Recreation, about the safety of creek due to its depth. Mr. Horton responded it was an issue and some fencing would be necessary if the trails were constructed. Mr. Conner stated that he would not propose anything that he felt would be detrimental. Chairman Kelley stated his support for staffs recommendation for the flood easements and trail system. Commission Member Pacheco is in agreement with the proponent regarding the trail. He doesn't think the City needs a trail on that property Maybe the City could get an easement arrangement regarding the flood plain area for maintenance. He expressed his concern regarding the misaligned streets. He feels it is a traffic hazard. Ms. Diamond also feels the misalignment could be problematic. Dr. Bishop addressed this issue by stating that he feels the width of the collector (Heritage) enables a lot of maneuverability He also explained that to align the streets would require adjustments to the lots which would not be favorable. Location of trees also were considered. The creek was again discussed by Dr. Bishop and George Conner. Mr. Conner stated that the creek is shaped such that it is self maintaining. But if trees fall, create a dam, that could become a problem larger than the private owner could handle. He still maintains the need for, at a minimum, an easement agreement, just in case of a problem. Dr. Bishop is not in favor of an access easement into the creek. Much discussion continued regarding the flood easement Mr Conner again stated that the easement agreement would simply allow the City to access the creek if a problem arose. PLANNING & ZONING COMMISSION MARCH 26, 1998 PAGE 9 .. �— MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Smith the Commission voted 4 FOR and 2 OPPOSED to approve the request subject to an agreement regarding a maintenance easement prior to Final Plat, mutually agreed upon between the City and the property owners, with Chairman Kelley and Commission Member Pacheco voting against the motion. New and Unlisted Use (Ballroom/Dance Hall/Private Club) Agenda Item XI) As stated in the workshop, this item was requested to be removed from the agenda. None discussed ADJOURN: MOTION: Upon a motion by Commission Member Obenneyer and a second by Commission Member Smith, the Commission voted 6 FOR and 0 OPPOSED to adjourn the March 26, 1998, meeting at 12:00 a.m. C� These minutes approved this el day of /.1 ,� �_..(- , 1998. Pamela Smith, Secretary