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Min - Planning and Zoning Commission - 2001 - 04/26 - RegularALLEN PLANNING & ZONING COMMISSION APRIL 26, 2001 ATTENDANCE: Commissioners Present: Ross Obenneyer, Chairman Jeff McGregor, 1" Vice Chair Alan Grimes Gary Caplinger Commissioners Absent: Karolyn Nelson Kenneth Harvey Lauri Blake, 2"a Vice Chair City Staff Present: Marina Sukup, Director of Planning & Development Pam Conway, Administrative Secretary Tom Keener, Development Coordinator Sally Leeper, Project Coordinator John Baumgartner, City Engineer Dennis Abraham, Civil Engineer Peter Tian, Traffic Engineer Bob Hagar, City Attorney's Office CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:00 p.m. by Chairman Obenmeyer, at the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas. REGULAR AGENDA Call to Order and Announce a Quorum is Present Update on Council Action Discussion of Consent Agenda and Regular Agenda Items Open Commission Discussion Consent Agenda 1. Approve Minutes of April 12, 2001, Regular Meeting. Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Caplinger, the Commission voted 4 I FAVOR and 0 OPPOSED to approve the Consent Agenda. The Motion Carried. PLANNING & ZONING COMMISSION APRIL 26, 2001 PAGE 2 Regular Agenda 2. Public Hearing — Consider a request for SUP No. 85 for Two Rows Restaurant for a Restaurant with Private Club. The property is 1.491 t acres of land situated in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located north of the northeast comer of Bethany Drive and US 75. Mr. Keener, Development Coordinator, presented the background on the request and stated that staff recommends approval with staff s recommendations: A. The property shall be developed and used only in accordance with the Site Plan, Building Elevations and Floor Plan attached hereto as Exhibits "B", "C" and "D" respectively, and made part thereof for all purposes, and which are hereby approved. B. That application for a Building Permit or Certificate of Occupancy shall be made within six (6) months from the effective date of this ordinance, unless an extension is obtained as provided for by the Allen Land Development Code. C. The issuance and maintenance of applicable licenses and permit governing the sale of alcoholic beverages on the premises by the State of Texas. Chairman Obermeyer Opened the Public Hearing. With no one wishing to speak, the Public Hearing was closed. The proponent was present but did not wish to speak. Larry Pickering, Pinion Construction and Bain Brooks, Owner, 803 Patricia Drive, Allen. Commissioner McGregor suggested that the dumpster might be moved to the rear of the building. Mr. Pickering stated that having all the services on the north side of the building was for convenience. Motion: Upon a motion by Commissioner Caplinger, and a second by Commissioner McGregor, the Commission voted 4 IN FAVOR and 0 OPPOSED to approve the request with staff recommendations : • The property shall be developed and used only in accordance with the Site Plan, Building Elevations and Floor Plan attached hereto as Exhibits "B", "C" and "D" respectively, and made part thereof for all purposes, and which are hereby approved. • That application for a Building Permit or Certificate of Occupancy shall be made within six (6) months from the effective date of this ordinance, unless an extension is obtained as provided for by the Allen Land Development Code. • The issuance and maintenance of applicable licenses and permit governing the sale of alcoholic beverages on the premises by the State of Texas The Motion Carried. PLANNING & ZONING COMMISSION APRIL 26, 2001 PAGE 3. Revised Preliminary Plat — Consider a Revised Preliminary Plat for Country Brook Estates II, being 65 residential lots on 32.496 t acres of land, situated in the Gabriel Fitzhugh Survey, Abstract No. 320, George Fitzhugh Survey, Abstract No 318, City of Allen, Collin County, Texas, located south of the southwest comer of FM 1378 and Stacy Road, Mr. Keener noted that this property is designated as Very Low Density in the Comprehensive Plan and that the location of the NTMWD easement made 3 lots in the concept plan and original Preliminary Plat unbuildable. Mr. Keener noted the staffs recommendation: 1 Verification of location of the NTMWD easement is required. Upon verification, dimensions to the NTMWD easement should be placed on each affected lot 2. Addition of a drainage easement to the east of Block A, Lot 26. 3. Reconfiguration of the lots to eliminate perpendicular lots, except as originally approved in the Concept Plan and original Preliminary Plat. 4. Addition of correct topography overlaid on the Preliminary Plat. 5. Amendment of Country Brooks Estates I to identify correct location of NTMWD easement. 6. Add a note that no fencing will be permitted within the floodplain/drainage easement. 7 Provide dimensions along lot lines to locate floodplain/drainage easement. S. Decline acceptance of Floodplain dedication. 9 Verification of the right-of-way width on FM1378 is a minimum of 90 feet through provision of survey ties. Doyle Cameron, owner/developer, stated that he feels that they can meet all the staff s recommendations. Warren Corwin, Corwin Engineering , discussed the request for the reconfiguration of the lots He stated that he has worked on the lots and reconfigured as requested by the Planning Commission. He stated that his engineering was approved by the City and stated that he addressed all the TRC comments that he received. Ms. Sukup, Director of Planning & Development, stated that the engineering issues have not been addressed and the Planning Department does not accept a final plat submittal until all engineering issues have been addressed. Mr. Corwin explained the procedure for the easement location and what resulted in the discrepancy of the easements. Ms. Sukup stated that a substantial change from the approved Concept Plan would require City Council approval, and that the revised preliminary plat is not consistent with the concept plan or the approved preliminary plat. Commissioner Grimes also stated that there are some differences, however he feels the concept hasn't radically changed. He has no problem with the perpendicular lot shown. Commissioner Caplinger stated that he is not a fan of perpendicular lots, however, in this particular situation it seems appropriate. He stated that there is no significant change and it appears to generally conform. PLANNING & ZONING COMMISSION APRIL 26, 2001 PAGE 4 Mr. Hagar, City Attorney's Office, advised that if the Planning & Zoning Commission finds that the changes from the approved Preliminary Plat/Concept Plan are material, that the project should be referred to City Council. In response to a question from the Commission, he stated his opinion that the changes are not material. The Commission will take no action and consider a final plat at a later date. No motion was made — no action was taken. Ms. Sukup stated that the final plat would not be accepted for consideration as a Final Plat until the technical requirements had been met. Other Business • Review Upcoming Agenda Items • Committee Reports A Adiourn Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Caplinger, the Commission voted 41N FAVOR and 0 OPPOSED to Adjourn the April 26, 2001 meeting at 8:15 p.m. The motion carried. T=esa day of ss Obermeye , airman 2001. Pam Conway /I