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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1984 - 10/25 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING OCTOBER 25, 1984 Present: Commissioners Sim Pendleton, Chairman Wayne Armand, Secretary Jerry Wilson John Garcia Scott Hoover Absent: Bobby Glass, Vice Chairman Sack Pennington Staff: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Kellie Fishell, Secretary The Regular Meeting of the Allen Planning & Zoning Commission was called to order by Chairman Pendleton at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, #1 Butler Circle, Allen, Texas. Approve Minutes October 11, 1984 Regular Meeting (Agenda Item No. II) Chairman Pendleton read the agenda item into the record as follows: "Approve minutes of October 11, 1984, Regular Meeting." MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 5-0 to approve the minutes of October 11, 1984, Regular Meeting. The motion carried. Public Hearing Shelley Realtors (Agenda Item No. III) Chairman Pendleton read the agenda item into the record as follows: "Public Hearing - Consider a zoning request on a 56.8 acre tract as requested by Shelley Realtors. This zoning request is on a ALLEN PLANNING & ZONING COMMISSION PAGE 2 OCTOBER 25, 1984 Public Hearing Shelley Realtors (Cont.) tract of land situated in Collin County, Texas, in the William Snider Survey, Abstract No. 821, and being a part of a 43.17 acre tract of land described in a deed from Gladys Deal and husband, Virgil Deal to Betty Leigh Deal, dated February 13, 1965, recorded in Volume 658, Page 238 of the Collin County Deed Records and also being part of a 45.36 acre tract of land conveyed to Alyne Pennington by J.W. McKinney in Deed recorded in Volume 328, Page 97 of the Deed Records of Collin County. Request is to change zoning from Agriculture to "R-5" Single Family Residential. Property is further known as being located west of F.M. 2551, east of Malone Road, and approximately 1/4 mile south of F.M. 2170." Craig Curry, of Nelson Engineering, presented the request to the Commission. Chairman Pendleton opened the public hearing. Mr. Bill Beaty, of High Point Estates, came before the Commission to speak against the request. Mr. Beaty feels that the zoning request is inconsistent, in regards to having five (5) houses to the acre next to a deed restricted area that has one (1) house to every two acres. Mr. Bob Farenthold, also from High Point Estates, came to speak against the request. With no one else wishing to speak for or against this request, Chairman Pendleton closed the public hearing. Craig Curry stated they would consider deed restricting the area adjacent to the High Point Estates as a possibility of buffering the density, but he was against the possibility of strip zoning. Consensus of the Commission is to have more work done on the request. They want to have something in writing to protect the residential development. MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Armand, the Commission voted 5-0 to table action on Agenda Item No. III. The motion carried. ALLEN PLANNING & ZONING COMMISSION PAGE 3 OCTOBER 25, 1984 Public Hearing Allen Bowl (Agenda Item No. IV) Chairman Pendleton read the agenda item into the record as follows: "Public Hearing - Consider a request for a specific use permit to operate a private club by Allen Bowl, Inc. This property is contained within a tract of land being 4 acres in the Rufus Sewell Survey, Abstract No. 875, and also described as being a resurvey of the 4 acres of land described in a deed from H.D. Walthall, et al to Mr. Quick of Texas, Inc., dated August 28, 1981, recorded in Volume 1429, Page 415, of the Collin County Deed Records. Further described as fronting State Highway 5 west of Windridge Addition." Melvin Solotrovsky presented the request to the Commission. He stated that they needed the permit to keep the restaurant operating. He also stated that another bowling alley is being built in Plano on Highway 5 making it difficult for the bowling alley to compete without selling alcholic beverages. Mr. Solotrovsky stated that they would cancel the Arcade Permit, feeling it isn't consistent with a private club. Chairman Pendleon opened the public hearing. There were numerous people present to speak for and against the request. Each stated his or her's reason for not wanting the permit issued. One resident went to some of the houses asking the question "Are you in favor of, or opposed to a private club to be operated in the Allen Bowl, Inc.?" The list was given to the Commission for the record. The following individuals are the ones who were present at the public hearing and spoke before the Commission: (1) Andy Barnes - 813 Roaming Road [for] (2) Robert Butcher - [for] - 1012 Hawthorne [for] (3) Elton Robertson - [against] [against] (4) Randall Moody - 905 Autumn Lake [against] (5) Mike Boss - 706 Lake Highlands [against] (6) Resident - 527 Hawthorne [against] (7) Frank Enloe - 314 N. Ash [against] (8) Debra Hall - 1012 Hawthorne [for] (9) Resident - 554 Oldbridge [against] ALLEN PLANNING & ZONING COMMISSION PAGE 4 OCTOBER 25. 1984 Public Hearing Allen Bowl (Cont (10) Tracey Martin [against] (11) Shirely Womack - 916 Autumn Lake [against] (12) Ray Smith - 908 Pebblebrook [against] (13) Joe Gibson [for] (14) Brother Dick Senter - 203 Whisenant [against] (15) Chris Parks [against] (16) Lloyd Catless - 708 Green Brook [against] (17) 1frummond Davis - 1001 Roaring Springs [against] (18) Terran Ardoin - 1318 Spring View [against] (19) George Kersting - 735 Leading Lane [for] (20) Robert Goline - 545 Oldbridge [against] With no one else wishing to speak for or against this request, Chairman Pendleton closed the public hearing. The Commission pointed out to residents thay they were not there to make a judgement on drinking - that this was a request for a specific use permit. They are looking at the land use, and how this request is compatible with the land uses around it. MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 3-2, with opposing votes being Commissioners Hoover and Armand, to table action concerning the request on Agenda Item No. IV. The motion carried. Chairman Pendleton recessed the meeting at 9:15 p.m. The meeting reconvened at 9:30 p.m. Public Hearing Freedom Financial (Agenda Item No. V) Chairman Pendleton read the agenda item into the record as follows: "Public Hearing - Consider a zoning request by Freedom Financial Corporation on 97.72 acres of land in the Witsaul Fisher Survey, Abstract No. 323, Collin County, Texas further described as being located at the northeast corner oI the intersection of F.M. 2170 and Malone Road. The request is to establish permanent "PD" Planned Development zoning. ALLEN PLANNING & ZONING COMMISSION PAGE 5 OCTOBER 25, 1984 Public Hearing Freedom Financial (Cont.) Mike Wallace presented the request to the Commission. Bill Petty, Director of Community Development, painted out that this request is identical to the one that was approved by the City Council in 1983. Jon McCarty, City Manager, came before the Commission to explain why this request was coming back for approval by the Planning and Zoning Commission. He went into detail the confusion the City had on the change in the public hearing requirements. The law had changed the requirement for the on-site public hearing. Due to this change the City had thought the second public hearing requirement was no longer necessary. Because of this confusion, the annexation did not go through. Chairman Pendleton opened the public hearing. With no one wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Wilson, the Commission voted 5-0 to approve Agenda Item No. V. The motion carried. Public Hearing Clyde D. Richards (Agenda Item No. VI) Chairman Pendleton read the agenda item into the record as follows: "Public Hearing - Consider a site plan for a day care center in a local retail section of "PD" Planned Development No. 1. This request is by Clvde D. Richards on a 1/2 acre tract of land being a part of a 5.114 acre tract of land in the Peter Fisher Survey, Abstract No. 324 as recorded in Volume 1814, Page 402 of the Collin County Deed Records. Further described as fronting the east side of Allen Heights Drive, adjacent on the north to single family homes in the Timberbend I Addition, and on the east boundary by a property in the ownership of the Allen Heights Baptist Church." Clyde D. Richards presented the site plan to the Commission. PLANNING & ZONING COMMISSION PAGE 6 OCTOBER 25. 1984 Public Hearing Clyde D. Richards (Cont.) Commission was concerned about there not being no way to get around to the back of the building on the east side for fire protection reason. Bill Petty pointed out to the Commission that all points of the building must be within 150 feet of a dedicated street or a dedicated fire land, and all portions of the building have to be within 300 foot reach of the lay of the hose from the nearest fire hydrant. Chairman Pendleton opened the public hearing. With no one wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Commission was also concerned with the upkeep of the wooden fence around the day care center. [[[ MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Wilson, the Commission voted 5-0 to approve Agenda Item No. VI with the stipulations that the natural screen on the north side of the building be set back 20 feet from the paving, and that the 6 ft. wooden fence will be 8 ft. The motion carried. Final Plat Cottonwood Bend No. 3 (Agenda Item No. VII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for final plat approval as requested by Don A. Tipton, Inc. for Cottonwood Bend No. 3. Said tract of land is situated in the McBain Jamison Survey, Abstract No. 491, and the R.L. Ingraham Survey, Abstract No. 462, City of Allen, Collin County, Texas, and further being a part of two tracts of land as conveyed to Landtex Development, a Texas Joint Venture as recorded in Volume 1176, Page 522, and Volume 414, Page 453, respectively in the Deed Records of Collin County, Texas. Further described as being north of Chapparal Road." Pat Atkins, with Don A. Tipton Engineering, presented the final plat to the Commission. Final Plat Cottonwood Bend No. 3 (Cont.) Bill Petty had a few comments on the plat. There is only one change in regards to the plat, that being the right-of-way of Chapparal Road on the Allen side. He also stated that Staff had a concern with the anticipated width of Chapparal Road. Recommendation from the staff was that before this is allowed to develop, that we be convinced that the transition can be made from a 33 feet street to a 24 foot, in regards to the intersection. MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Wilson, the Commission voted 5-0 to approve Agenda Item No. VII providing that the 110 foot right-of-way is there. The motion carried. Final Plat Nelson Eneineer (Agenda Item No. VIII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for final plat approval as requested by Nelson Engineering for Don G. Jones. Said tract of land is situated in the City of Allen, Collin County, Texas and lying in the William Perrin Survey, Abstract No. 708, said tract being part of a 10.0 tract of land conveyed by Robert E. Lowman, et ux, from Gentry T. Jones, or al dated January 11, 1964. Property is further known as being east of Highway 5." Brian Marcus, of Nelson Engineering, presented the plat to the Commission. Bill Petty stated to the Commission that the plat meets staff requirements. The reason for the platting of the property is to get the 5 foot additional right-of-way for the future development of Highway 5, and a sanitary sewer easement from the north to the south property line. MOTION: Upon a motion by Commissioner Garcia and seconded by Commissioner Hoover, the Commission voted 5-0 to approve Agenda Item No. VIII. The motion carried. ALLEN PLANNING & ZONING COMMISSION PAGE 7 OCTOBER 25, 1984 Final Plat Cottonwood Bend No. 3 (Cont.) Bill Petty had a few comments on the plat. There is only one change in regards to the plat, that being the right-of-way of Chapparal Road on the Allen side. He also stated that Staff had a concern with the anticipated width of Chapparal Road. Recommendation from the staff was that before this is allowed to develop, that we be convinced that the transition can be made from a 33 feet street to a 24 foot, in regards to the intersection. MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Wilson, the Commission voted 5-0 to approve Agenda Item No. VII providing that the 110 foot right-of-way is there. The motion carried. Final Plat Nelson Eneineer (Agenda Item No. VIII) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for final plat approval as requested by Nelson Engineering for Don G. Jones. Said tract of land is situated in the City of Allen, Collin County, Texas and lying in the William Perrin Survey, Abstract No. 708, said tract being part of a 10.0 tract of land conveyed by Robert E. Lowman, et ux, from Gentry T. Jones, or al dated January 11, 1964. Property is further known as being east of Highway 5." Brian Marcus, of Nelson Engineering, presented the plat to the Commission. Bill Petty stated to the Commission that the plat meets staff requirements. The reason for the platting of the property is to get the 5 foot additional right-of-way for the future development of Highway 5, and a sanitary sewer easement from the north to the south property line. MOTION: Upon a motion by Commissioner Garcia and seconded by Commissioner Hoover, the Commission voted 5-0 to approve Agenda Item No. VIII. The motion carried. ALLEN PLANNING & ZONING COMMISSION PAGE 8 OCTOBER 25, 1984 Replat of Bethany Park (Agenda Item No. IX) Chairman Pendleton read the agenda item into the record as follows: "Consider a request for a replat approval as requested by Jack W. Roome Surveying, Inc. for Bethany Park Addition. Said request is for lot 3 and is an addition to the City of Allen, Texas, in the William Perrin Survey, Abstract No. 708, and the Rufus Sewell Survey, Abstract No. 875, being Lot 3, Block A of the Bethany Park Addition to the City of Allen according to the revised map filed in Volume C, Page 151 of the Map Records of Collin County, Texas. Further known as being located south of Bethany Road, and east of State Highway 5." John Talheimer presented the plat to the Commission. He stated the reasons for the replat to the Commission, being that when Steve Goodman bought the lots in the addition, he thought they were three seperate plotted plats - at closing it came out j and was suggested to be replatted. Bill Petty stated to the Commission that the replat meets staff requirements. MOTION: Upon a motion by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 5-0 to approve Agenda Item No. IX. The motion carried. Adjournment: MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Hoover, the Commission voted 5-0 to adjourn the October 25, 1984, Regular Meeting at 10:45 p.m. These minutes approved on the day of 1984. Jim endleton, Chairman Wayn Armand, Secretary