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Min - Planning and Zoning Commission - 1999 - 02/11 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 11, 1999 ATTENDANCE. Commission Members Present: Ross Obermeyer, Chairman Jeff McGregor, Vice -Chairman Jeffrey Kelley Pamela Smith, Secretary (arrived 7:32 pm) Mark Pacheco Scott Neice (arrived at 7,31 p.m.) Commission Members Absent. Kevin Kerr City Staff Present: Peter H. Vargas, City Manager Marcie Diamond, Senior Planner Pam Conway, Secretary George Conner, Director Public Works Dan Tracy, Civil Engineer Don Horton, Director of Parks & Recreation E Jason Marshall, Acting City Attorney's Office WORKSHOP MEETING CALL TO ORDER AND ANNOUNCE A QUORUM With a quatrain of the Commission Member's present, the Allen Planning & Zoning Commission was called to order at 7:13 p.m., by Chairman Obermeyer, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Ms. Marcie Diamond stated that City Council recently abandoned two alleys and the replat on for the Willbo Addition is a result of that. Commission Member McGregor clarified the boundaries on the Willbo Addition Replat. Commission Member Pacheco verified that utilities in the alleys would also be abandoned. Ms. Diamond stated that there is a temporary easement for a sewer line, which may not be abandoned until such time that the city vacates the Park Department's trailers. If the owner desires to construct prior to that time, then the owner will have to relocate the sewer line at their expense. Bethany Ridge Estates IV —the wall that will be constructed along Bethany was discussed Commission Member Pacheco questioned Mr. George Conner about the drainage and how it would affect the development The Villages of Maxwell Creek. Mr. Conner stated that it was all planned for during development and the drainage will be resolved Mr. Conner also discussed the dedication of right-of-way Commission Member McGregor and Mr. Conner discussed an existing 60 inch gravity sewer main within the Malone Road right-of-way Mr. Conner stated that at some point NTMWD will construct another 60 inch gravity sewer main; as a result asphalt Ii will be used temporarily and money will escrowed for the concrete that will be poured after the additional sewer line is installed. PLANNING & ZONING COMMISSION PAGE 2 February 11, 1999 EREGULAR MEETING PUBLIC HEARING/REPLAT Willbo Addition, Phase III Agenda Item II Chairman Obermeyer read the agenda item into the record as follows: "Consider a request by Willbo Properties, Inc. for a replat for Willbo Addition, Phase III, Lot 6R, Block 10, being .562 ± acres of land located in the Original Donation, William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located at the southeast comer of McDermott Drive and Butler Drive." Ms. Diamond presented the item to the Commission. She stated that there is a strip of land along the southern perimeter that has been deeded to the proponent, as well as the recently abandoned alleys which have also been incorporated into this plat. Staff recommends approval. Mr Mike Williams briefly stated that his understanding is that whenever the sewer line is abandoned, the property could then he developed, which could be about a year. Chairman Obermeyer Opened the Public Hearing With no one wishing to speak, the Public Hearing was closed. Motion: Upon a motion by Commission Member Smith and a second by Commission Member Pacheco, the Commission voted 6 FOR and 0 OPPOSED to approve the replat as submitted. The Motion Carried. PRELIMINARY PLAT Bethany Ridae Estates IV Agenda Item III Chairman Oberneyer read the agenda item into the record as follows: "Consider a request by Shaddock Developers, Ltd. for a Preliminary Plat for Bethany Ridge Estates IV, being 27 438 ± acres of land located in the John Snider Survey, Abstract No. 848, City of Allen, Collin County, Texas; further described as being located at the southwest corner of Bethany Drive and Malone Road." Ms. Diamond presented the item to the Commission. She stated that a maximum density of 403 dwelling units was approved for the Bethany Ridge subdivisions. This is the last phase in this district, which will bring the total to 382 dwelling units. Staff recommends approval as submitted. Mr Pat Atkins, representing Shadock Develolpment on this project, respectfully requested approval. Commission Member Smith questioned Mr. Atkins if Summerside was a collector street. Mr. Atkins stated that it is not. Malone is the collector. He stated that this phase of the subdivision doesn't require a collector Mr. Atkins stated that when Malone is closed for the NTMWD line, there are still two collector streets serving Bethany Ridge. PLANNING & ZONING COMMISSION February 11, 1999 PAGE Commission Member Kelley also questioned Mr. Atkins about the collector streets. Mr. Atkins stated that Big Bend is about 1200 ft. from Malone. Commission Member Kelley expressed concern regarding the length of the cul-de-sac. Mr. Atkins stated that he could put a note on the final plat that Malone Road would be closed down for a period of time. Mr. Jason Marshall, Acting City Attorney, stated that if the developer agreed, certainly, that could be stated on the final plat Commission Member McGregor questioned if screening would be needed for the southern boundary drainage area, and the lift station. Mr. Atkins stated that screening is not needed adjacent to this NTMWD facility. Mr. Atkins stated that this would be only one phase, not two as is shown on the plat Chairman Obermeyer asked Mr. Conner about the timing of the construction of Malone Mr. Conner stated that he doesn't have an answer at this time. A study of what type of sewer line is needed is being conducted now by NTMWD, and that line must be in first. Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member Kelley, the Commission voted 6 FOR and 0 OPPOSED to approve the Preliminary Plat as submitted. The Motion Carried. PUBLIC HEARING Twin Creeks Village, L.P. Agenda Item IV Chairman Obenneyer read the agenda item into the record as follows: "Consider a request for zoning action by Twin Creeks Village, L.P to amend the Use and Area Regulations for Block D, Lot 3, of Tract 4, Planned Development No. 54 (P.D. No. 54) to allow an increase in square footage from 5,000 to 5,500 total for a Cleaning Plant/Laundry The property is 5.6784 ±acres of land situated in the Bray Central One Addition, Block D, Lot 3, City of Allen, Collin County, Texas; further described as being located northeast of Watters Road and McDermott Drive." Ms. Diamond presented the item to the Commission. She stated that in July of 1998 a Cleaning Plant/ Laundry was approved for this location for 5,000 square feet The current request is to increase the square footage from 5,000 to 5,500 square feet. Ms. Diamond stated that given this use is already permitted, this 10% increase will have a negligible impact on surrounding development patterns and land uses, and there were no administrative remedies available to enlarge this use, staff is recommending approval of this request. Mr David Palmer, Cencor Realty, 3102 Maple Avenue, Suite 500, Dallas, distributed a site plan of the area. Mr Palmer stated that Bibbentuckers has to turned the orientation of the building, making the additional 500 feet necessary Total area of the plant is only 2,600 square feet. The plant area actually is not being expanded. Chairman Obermeyer opened the Public Hearing With no one wishing to speak, the Public Hearing was closed. PLANNING & ZONING COMMISSION February 11, 1999 PAGE Commission Member McGregor stated that he agreed with the staff's recommendation and it is clear to him they are simply rearranging the space. He stated that he has no concerns Commission Member Pacheco questioned Mr. Palmer about the rearrangement of the building. Mr. Palmer stated that Bibbentuckers needs to do this due to the orientation of the building. Commission Member Pacheco would like to include in the findings that the plant area actually remains 2,600 feet Ms. Diamond stated that after the revision of the zoning ordinance the use cleaning plant/laundry would be better defined. Commission Member Smith stated that in the minutes from the Planning & Zoning meeting that the use was for a stand alone cleaning plant and it would be limited to one contiguous space Mr. Marshall stated that it is one contiguous use. Commission Member Kelley questioned the mezzanine and the new site plan distributed at the meeting this evening. He questioned what appeared to be an additional drive thru. Ms. Diamond stated that this is not an S.0 P., this was added as a use allowed by right and now it is being amended to allow the additional square feet. Mr. Palmer stated that there is not an additional drive thin, it isjust being reoriented a little. Commission Member Kelley stated also that it seems we are loosing some parking spaces Mr. Palmer stated this retail site is part of a larger plat and no parking spaces are being eliminated, the shopping center parking exceeds the city's requirements. Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Pacheco the Commission voted 6 FOR and 0 OPPOSED to approve the request as submitted. The Motion Carried. Findings: 1. Proponent provided documentation that the actual plant did not increase from the original request. 2. A 10 percent increase is a negligible increase and would not affect the original intent. 3. Not increasing the size of the building just shifting the square footage from one use to another. Other Business Agenda Item V Items of Interest to the Commission: 1. Input regarding proposed by-laws for Planning & Zoning. Ms. Diamond stated that part of the revitalization being done by the City Council is to establish By - Laws for the Boards and Commissions. She stated that a letter was presented to the Council that the Commission Member's wanted to discuss the by-laws and report back. PLANNING & ZONING COMMISSION February 11, 1999 PAGES Article 1 — no questions or concerns Article 2 — no questions or concerns Article 3 — Chairman Obermeyer expressed concern with section 6 (Procedure). He asked for clarification Ms. Diamond explained that provides for the Commission to adopt its own rules and procedures. It was determined that rules of procedure need to be more clearly defined, and distributed to new and existing Planning and Zoning Commission members. Mr. Peter Vargas, City Manager stated that questions are continually being asked for correct wording of motions and this will make the process easier. Basically, the Commission will conduct business and everyone will know what the process will be. Commission Member Kelley asked about Section 2, Regular Meetings. He questioned the word "shall" be held on an alternate date. He noted that generally we just cancel the meeting if they fall on a Holiday Commission Member Smith stated that she would favor scheduling an alternate meeting date. Commission Member Pacheco agreed; however, he would prefer to have an option. Commission Member McGregor agreed with Commission Member Pacheco. Ms Diamond stated that our submission dates that we published have been adjusted accordingly to allow for the holidays. Mr. Marshall stated he would not recommend stating a specific date in the by-laws. He also suggested setting the alternate meeting date at the beginning of the year. Mr. Marshall noted that this is to insure that the meetings are held twice a month, if no business, a meeting can always be cancelled. Section 7 - Roberts Rules of Order— Commission Member Smith questioned the wording "current edition" Mr. Marshall stated that procedural issues have been a part of litigation, however, it rarely provides a substantial cause to loose a case. Article 4 - Section 2, Tenure. Chairman Obermeyer stated that he does not support the 3 term limit. He stated that a member needs to reapply after each term, and should not just be an automatic 3 term. He also stated that the Council should take an active roll that this person is or is not contributing to the board or commission, and if not, that person should step down. He does not want it to be an automatic re -appointment Commission Member Smith stated that when she was re -appointed she did have to fill out a form. However, unlike a new Commission member, being re -appointed doesn't require going through the interview process. She has a concern with term limits. Commission Member Kelley stated that this is his I0'" year on the Planning & Zoning Commission and stated that if this is the wish of the Council, there are other ways to contribute to the city He also stated that he doesn't object totem limits Commission Member Kelley stated that their maybe advantages to having tem limits. However, he would like feedback from the Council regarding the job the commissioners are doing Commission Member McGregor supports 3 teem limit Mr. Vargas stated that there is currently a subcommittee, which recommends the commission �"i member(s) to be re appointed. PLANNING & ZONING COMMISSION February 11, 1999 PAGE Commission Member Pacheco stated that he does not support it as it is written. City Council seems to have the authority they need , and this seems to take the authority out the hands of the Council. If they have a really good member, they need to have the option to keep that person, even if it's over the 3 term limit Also, he supports interviewing members at the end of their term. Commission Member Neice stated that from an outsider's view it seems very political and that the term limit assures a person not being appointed for life. Chairman Obermeyer stated that the Council should be more proactive in their review of the commission members for this or any board or commission. Mr. Vargas stated in summary, if that were the case there would be no need for a term limit. Section 4, Voting — Commission Member McGregor stated this section addresses some questions that have arisen in the past regarding a written vote for election of officers. Mr. Marshall stated that the written ballot is not secret. It is simply so one person's vote will not influence another. There is nothing secret Section 6 — Resignation or Removal — Mr Vargas stated that when a Commission Member is absent, the Commission must vote if the absence is excused or not. Chairman Obermeyer requested staff to forward the Planning and Zoning Commission's comments to the City Council. 2 Discussion on Proposed amendments [o Comprehensive Plan and potential zoning action. Ms. Diamond stated that City Council has directed the Commission to establish appropriate zoning; however, first they must look at revising the Comprehensive Plan. She stated that she would prepare the usual documents stating staff s recommendation, etc. Discussion was then held regarding the Comprehensive Plan being a guide, and zoning this property with the City being the proponent. Commission Member Pacheco stated that this property is zoned AO which he stated is appropriate. Commission Member Kelley stated that historically we leave property zoned AO until landowner requests zoning. Mr. Vargus stated that it is not unusual for a city to request zoning on property Commission Member Kelley stated that he has no problem questioning the Comprehensive Plan. I Update on the Home Occupation Ordinance. Ms Diamond sated that a public hearing is scheduled for the next meeting, February 25, 1999 A PLANNING & ZONING COMMISSION February 11, 1999 Adjourn. Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member Neice, the Commission voted 6 FOR and 0 OPPOSED to Adjourn the January 28 meeting at 9:40 p.m. Tbc£e rttgmtes approved this J`J i'day of F2Ulo� 4 1999. i Ross Obertneyer, Chairman Pamela Smith, Secretary 1 PAGE