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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1982 - 01/14 - RegularALLEN PLANNING & ZONING COMMISSION Regular Session January 14, 1982 Present: Commissioners• Jim Pendleton, Chairman Jim Wolfe, Vice Chairman Sarah Chumbley, Secretary Tom Inkman Gary Koch Carol Henry Wayne Armand City Staff: (arrived at 7:40 p.m.) Bill Petty, Building Official Marty Hendrix, City Secretary The regular session of the Allen Planning and Zoning Com- mission was called to order by Chairman Pendleton at 7:37 p.m. on Thursday, January 14, 1982, at Rountree Elementary School, 800 E. Main Street. Approval of Minutes - December 10, 1981 Regular Session (Agenda Item II) MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Henry, the Commission voted six (6) for and none (0) opposed (with Commissioner Chumbley being absent) to approve the minutes of the December 10, 1981 regular session as presented. The motion carried. Set Date for Public Hearing - Zoning Change Amendment from MF -1 to LR - 300 E. Main St. Richard K. Cavin Zoning Case No. Z12-16-81-5 (Agenda Item III) Chairman Pendleton read the request into the record as follows: "Set date for public hearing on Zoning Change Amendment from MF -1 (Multi -Family One) to LR (Local Retail) by Richard K. Cavin on property located at 300 E. Main, Allen, and further described as Lot 4, Block J of the Original Donation to the City of Allen. (Zoning Case No. Z12-16-81-5)." -4- ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Page 2 Set Date for Public Hearing - Zoning Change Amendment from MF -1 to LR (continued) (Agenda Item III) The Commission briefly discussed the appropriate date for the public hearing. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Wolfe, the Commission voted seven (7) for and none (0) opposed to set the public hearing date for the next regular Commission meeting, that being January 28, 1982. The motion carried. Set Date for Public Hearing - Zoning Change Amendment from LR to GB - Specific Use Permit 203A E. Main & 101 N. Cedar Robert C. Johnson Zoning Case No. Z1-11-82-6) (Agenda Item IV) Chairman Pendleton read the request into the record as follows: "Set date for Public Hearing on a request from Robert C. Johnson, H.R. Daugherty, Buddy Camper, d/b/a/ Manufacturing Specialities, Inc., for a Zoning Change from Local Retail (LR) to General Business (GB) with Specific Use Permit for machine shop use on property located at 203A E. Main and 101 North Cedar and further described as Lots 8B, 9A 10 and Lots 4A and 5 all in Block 15 of the Original Donation to the City of Allen. (Zoning Case Z1-11-82-6)" MOTION: Upon a motion made by Commissioner Wolfe and seconded by Commissioner Chumbley, the Commission voted seven (7) for and none (0) opposed to set the public hearing date for the next regular Commission meeting, that being January 28, 1982. The motion carried. Public Hearing: Zoning Amendment MF -1 to MF -2 on 9 acres of land and TH to MF -2 on 2 acres of land David Wetzel Survey, Abstract No. 977 Robert F. Burkart Zoning Case No. Zll-16-81-2 (Agenda Item V) Chairman Pendleton read the request into the record as follows: "Public Hearing, Robert F. Burkart for Zoning Amendment from MF -1 to MF -2 on nine (9) acres of land in the David Wetzel Survey, Abstract No. 977, located at the intersection of Jupiter Road and future Park Place, and Zoning Amendment from TB to MF -2 on two (2) acres of land -5- ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Page 3 Public Hearing - Zoning Amendment MF -1 & TH to MF -2, Robert F. Burkart Zoning Case No. Z11-16-81-2 (cont'd) (Agenda Item V) in the David Wetzel Survey, Abstract No. 977, located at the most easterly corner of the above described nine (9) acre tract, at the intersection of Jupiter Road and future Park Place (Zoning Case No. Zll-16-81-2)." Robert F. Burkart spoke before the Commission on the zoning amendment changes. Mr. Burkart explained that the nine (9) acre tract of land used to be zoned R-32 under the old Zoning Ordinance and had been changed to MF -1 with the adoption of the new Zoning Ordinance in October, 1981. That change in zoning reduced the number of units on an acre from 32 to 12. Therefore, Mr. Burkart explained that he is requesting the property be rezoned to MF -2 to provide a higher density of 24 units per acre, which is closer to the prior zoning on the property than the MF -1 zoning. Mr. Burkart added that adequate access to the property is available from Jupiter Road and from the now undeveloped Park Place. Mr. Burkart advised that he is requesting the rezoning of the two (2) acre Townhouse zoned property to MF -2 because it is contiguous to the nine (9) acre tract of land and separated from the other Townhouse zoned property by a drainage channel. The drainage channel provides a natural physical barrier which will always remain so due to the heavy flow in it. The Commission discussed with Mr. Burkart the present development plans for this area; access to the property from Jupiter Road and Park Place; the inclusion of a north thoroughfare on the property to 2170; and the number of units proposed for each acre, that being 20 for a total of 220 units. Bill Petty, Building Official, advised of what property owners had been notified, those being within the 200' area of the property in question. He also advised that the request did not take in the Townhouse zoned area east of the drainage channel. Since there was some confusion as to the exact location of this property, Mr. Burkart passed around a map showing the nine (9) acre tract of land and the two (2) acre tract of land so the Commissioners were aware of the exact property. Chairman Pendleton opened the public hearing. Wanda Hannon, 639 Leading Lane, spoke before the Commission in opposition to the rezoning of the property. -6- ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Page 5 Public Hearing - 183 acres Annexation and PD Zoning Coronet Realty Development Limited Zoning Case No. Z11-11-81-1 (cont'd) (Agenda Item VI) Gary Kraus, with Graham Associates, spoke before the Commission on the subject request and advised they are representing the Coronet Realty Development Limited. Mr. Kraus presented a color coded map showing the planned development areas in the 183 acres of land which is presently outside the city limits of Allen. Mr. Kraus advised of the location of this property and the zoning of the properties surrounding this 183 acre tract. On the map of this property, designated as Timber Ridge, Mr. Kraus explained the following phases of development: Phase Acres Total Lots Lots/Acre I 39 148 3.8 II 37 107 2.9 III 36 126 3.5 IV 38 144 3.8 Ir V 32 116 3.6 Total 182 641 3.5 Mr. Kraus presented another map showing the proposed planned development of lot sizes and housing types for this area as follows: Minimum Total 8 Total Lot Size/Use Dwelling Size Lots Total Acreage 7500 sf Duplex 1000 sf 51 8 15 8000 sf Duplex 1100 sf 113 18 32 7500 sf Single Family 1200 sf 216 33 58 8000 sf Single Family 1200 sf 190 30 52 8500 sf Single Family 1200 sf 52 8 14 9000 sf Single Family 1400 sf 19 3 6 Retail 5 Total 641 100 182 Mr. Kraus also presented a map showing developing and phasing in of water and sanitary sewer implementation for this development, being from west to east and north to south. He advised of the drainage on the property and the utilities needed to adequately serve this large development. Mr. Kraus presented to the Commission a chart showing the traffic flow for the development and advised of the main thoroughfares, collector streets and residential streets. He explained the proposed flow of traffic through the development. -7- ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Page 4 Public Hearing - Zoning Amendment MF-1 & TH to MF-2, Robert F. Burkart Zoning Case No. Zll-16-81-2 (cont'd) (Agenda Item V) Youssef Vijeh, property owner in this area of 30 acres, spoke before the Commission in favor of the rezoning request. Chairman Pendleton closed the public hearing. The Commission discussed the increase in density from MF -1, being 12 units per acre, and the request to MF -2, being 24 units per acre. They also discussed the reasoning behind the change from R-32 to MF -1 in the new Zoning Ordinance, which had been the traffic accesses in that area and the location of the property. Other areas of discussion were the master planning of zoning and density of developments that are within a close distance to a school site, the increase in traffic in this area with the addition of 220 units, and a review and discussion on the Zoning Ratio Chart, prepared by City Staff, showing a trend towards R-5 and multi -family zoning in Allen. In conclusion, the Commission also discussed the waiving of the zoning amendment change fees on the nine (9) acres of land for Mr. Burkart due to the fact that the City of Allen had back -zoned his property from a higher density to a lower density. The consideration of waiving fees would not be considered on the two (2) acres zoned Townhouse. MOTION: Upon a motion made by Commissioner Wolfe and seconded by Commissioner Chumbley, the Commission voted two (2) for and five (5) opposed, with Commissioners Pendleton, Inkman, Henry, Koch, and Armand casting the negative votes, to recommend approval of the zoning amendment requests as submitted and the waiving of any zoning fees on the nine (9) acres of property that had been back -zoned by the City of Allen. The motion was denied. Public Hearing - 183 acres Annexation and PD Zoning Coronet Realty Development Limited Zoning Case No. Zll-11-81-1 (Agenda Item VI) Chairman Pendleton read the request into the record as follows: "Public Hearing, 183 acres of land, Coronet Realty Development Limited, for annexation to Allen City Limits, and to Zone Property PD. Said 183 acres being located as follows: fronting the west side of Malone Road, on the south side of Exchange Boulevard and east of Timberbend Subdivision (Zoning Case No. Zll-11-81-1)." !M. ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Page 6 Public Hearing - 183 Acres Annexation and PD Zoning Coronet Realty Development Limited Zoning Case No. Zll-11-81-1 (cont'd) (Agenda Item VI) Chairman Pendleton opened the public hearing. Mr. W. Lee Moore, representing the property owner to the south of the 183 acres, appeared before the Commission and asked questions regarding the proposed development as to the construction of streets and what part of the development would be adjacent to the property he represents. Bill Petty, Building Official, advised Mr. Moore of what a zoning request entailed and the requirements of the Sub- division Ordinance regarding the construction of streets. Mr. Kraus advised Mr. Moore that a paved alley would be adjacent to the property to the south. The Commission discussed with Mr. Kraus the lot sizes and minimum dwelling sizes for single family dwellings and the duplexes, as well as the timetable for development of this large tract, and paving of Exchange and Malone Road. Chairman Pendleton closed the public hearing. The Commission continued discussion on this request and the need to conduct a work shop on this request due to the magnitude of the development of 183 acres of land. It was the consensus of the Commission that Graham Associates provide the Commission with copies of the maps and charts that were presented at this meeting in order for the Commission to be able to thoroughly review them. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Henry, the Commission voted seven (7) for and none (0) opposed to place this request on the next regular Commission Meeting of January 28, 1982 for further consideration. The motion carried. Chairman Pendleton recessed the regular meeting of the Allen Planning and Zoning Commission. The meeting reconvened at 9:20 p.m. -9- 114 ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Review and Discuss Items Related to 855 Acres Development Request from Del Morton, Willard McDaniel, Inc. and The Cambridge Companies Zoning Case No. Zll-11-81-1 Page 7 (Agenda Item IX) Chairman Pendleton advised that this item had been moved up on the agenda. The Commission discussed the structure of the discussion and review to be held at the next proposed work shop and the date for holding of the subject work shop. The Commission also discussed their interest in having Dr. Horn, Superintendent of the Allen Independent School District, provide his thoughts on this large development and the impact on the School District. They also suggested each Commissioner prepare their various questions and thoughts for specific areas of discussion at the next work shop. There was also discussion on the need for a financial analysis and impact study of this large a development and the need of a consultant to provide input to the Commission on this development. It was the consensus of the Commission that the next work shop be set for 8:30 a.m, on Saturday, January 23, 1982, at Rountree Elementary School, providing an open invitation to the City Council to attend the meeting, as well as asking Dr. Horn to attend the work shop and provide the School District's input on this development. Approval of Preliminary and Final Subdivision Plat - City of Allen 33.354 acres of land (Agenda Item VII) Chairman Pendleton read the request into the record as follows: "Consider Preliminary and Final Subdivision Plat approval on a request from the City of Allen on approximately 33.354 acres of land located in the William Perrin Survey, Abstract No. 708, Collin County, Texas, further described as east of U. S. Highway 75, south of McDermott Drive and west of Butler Drive." Bill Petty, Building Official, presented to and spoke before the Commission on the Preliminary and Final Subdivision Plat for the 33.354 acres of land owned by the City of Allen. He advised of the location of the property, that Lot 1 belonged to the Allen Independent School District for their Warehouse and Service Center Site, Lot 2 belonged to the City of Allen for their City Hall/Service Center Annex Site and Lot 3 was the remaining undeveloped land owned by the City of Allen. Mr. Petty advised that the plat showed the street right-of- way for Butler Drive and Butler Circle, as well as the fire lane easement and utility easement, and 24" water line location. _in_ ALLEN PLANNING 6 ZONING COMMISSION January 14, 1982 Page 8 r Approval of Preliminary and Final Subdivision Plat - City of Allen 33.354 acres (continued) (Agenda Item VII) Mr. Petty advised that the City Staff had reviewed the plat and that it met all requirements. MOTION: Upon a motion made by Commissioner Koch and seconded by Commissioner Henry, the Commission voted seven (7) for and none (0) opposed to recommend approval of the Preliminary and Final Subdivision Plat for the City of Allen's 33.354 acre tract, entitled Allen City Complex Addition. The motion carried. Review and Consideration of Recommendation on Service Plan for Annexations (Agenda Item VIII) Bill Petty, Building Official, presented to and spoke before the Commission on the proposed Service Plan for annexations to the City of Allen as required under House Bill 1952 as adopted by the 67th Session of the State Legislature. Mr. Petty reviewed with the Commission the new requirements for the Service Plan, which are to be attached to each annexation, and compared those requirements to the previous State Law. The Commission discussed various aspects of the Service Plan with Mr. Petty, those being a review of the proposed plan by the City Attorney, interpretation of the two and one- half years for implementation of services or commencement of development, whichever occurs later; interpretation of City Council determining when services are initiated within an area, and whether a written opinion of this legislation has been done by the Attorney General. MOTION: Upon a motion made by Commissioner Wolfe and seconded by Commissioner Armand, the Commission voted seven (7) for and none (0) opposed to recommend approval of the Service Plan as presented, however, pending review by the City Attorney. The motion carried. Consideration of Zoning Classification for Arcade Use (Agenda Item X -A) Bill Petty, Building Official, spoke before the Commission on the existing need to better define and regulate the use of coin- operated machines, arcades for amusement machines, etc. Mr. Petty advised of the research he is doing on this type of use and obtaining sample ordinances for review. -11- I ALLEN PLANNING & ZONING COMMISSION January 14, 1982 Consideration of Zoning Classification for Arcade Use (cont'd) Page 9 (Agenda Item X -A) Mr. Petty further advised that he would like to proceed with developing an ordinance on defining, regulating and licensing of these types of machines, if the Commission is agreeable and also provide Mr. Petty with their thoughts on the number of machines which would constitute an arcade, the type of zoning for those types of uses, regulations on age limits for children, and hours of operation. The Commission discussed the proper zoning district locations for these arcades, regulating the use by licenses, attaching the specific use requirement to those proposed uses to better regulate where they can be located, and reviewed specific instances of the uses of those types of machines in the City at the present time. In further discussion, it was the consensus of the Commission that City Staff proceed with researching and preparing of recom- mendations for the regulating and defining the coin-operated amusement machine uses and bring forth those recommendations at a future meeting. Discussion of Building Regulations as Defined in the Zoning Ordinance (Agenda Item X -B) Bill Petty, Building Official, reminded the Commission of the building regulations on the types of materials that were allowed by the Zoning Ordinance on all main building exteriors, those being stone, brick, tiles, cement, concrete or similar materials. Also, any deviation from those materials requires a variance. Mr. Petty advised that the City had been contacted by the Exxon Corporation regarding their request to amendment the Zoning Ordinance to include the use of pre-engineered sandwich panels as a permissible construction material for building exteriors and eliminate the need for a variance. This type of material was used in the construction of the new Intecom Building, however, the building was approved prior to the adoption of the new Zoning Ordinance. Mr. Petty advised the Commission that this type of building material is very difficult to define and he had even contacted the manufacturers of the product, and they did not have an exact name for the product. . The Commission discussed the common use of this type of i product in construction today, the difficulty in defining exactly i what the nomenclature should be, the composition of the product, contacting the Southern Building Code to see if they have a name for the product, and maintaining the use of the variance rather than amending the Zoning Ordinance. -19- 0 I L ALLEN PLANNING & ZONING COMMISSION January 19, 1982 Page 10 Discussion of Building Regulations as Defined in the Zoning Ordinance (cont'd) (Agenda Item X -B) It was the consensus of the Commission to maintain the existing Zoning Ordinance Building Regulations and to submit any requests for deviations therefrom to the Board of Adjustment for consideration of a variance. Adjournment MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Henry, the Commission voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen Planning and Zoning Commission at 11:05 p.m. These minutes approved on the 28th day of January 1982. Sim yendleton, CHAIRMAN Sarah Chumbley, SECRETA -13-