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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1985 - 02/28 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 28, 1985 Present: Commissioners: Bobby Glass, Vice Chairman Wayne Armand, Secretary Jerry Wilson John Garcia Scott Hoover Absent: Jack Pennington Staff: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Kellie Fishell, Secretary Sally Leeper, Secretary The regular meeting of the Allen Planning and Zoning Commission was called to order by Vice Chairman Glass at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Approve Minutes February 14, 1985 (Agenda Item No. II) Vice Chairman Glass read the agenda item into the record as follows: "Approve minutes of February 14, 1985, Regular Meeting." MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Hoover, the Commission voted 5-0 to approve the minutes of February 14, 1985, regular meeting. The motion carried. I ALLEN PLANNING & ZONING COMMISSION PAGE 2 FEBRUARY 28, 1985 Tabled Item (Agenda Item No. III) Austin Fairchild Vice Chairman Glass read the agenda item into the record as follows: "Tabled Item - Consider a zoning request by Jones & Boyd, Inc., agent for Austin Fairchild, being 242.6 acres in the J.J. Driggers Survey, Abstract No. 274, and in the Shadrick Jackson Survey, Abstract No. 489, and approximately 15.7 acres in the D.M. Tucker Survey, Abstract No. 914, Collin County, Texas. The request is to change the present zoning of AO "Agriculture Open Space" to FP -PD "Flood Plain Planned Development", and is further described as being on the south side of State Highway 121 and east of F.M. 2478." MOTION: Upon a motion made by Commissioner Armand and seconded by Commissioner Wilson, the Commission voted 5-0 to remove agenda item from the table. The motion carried. Greg Boyd, of Jones & Boyd, came before the Commission and requested to withdraw his request until the Comprehensive Plan has been adopted. He stated the zoning for the southern portion of the property will come before the Commission in a senarate submission. MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Armand, the Commission voted 5-0 to allow withdrawal for future consideration. The motion carried. Tabled Item Utal Development (Agenda Item No. IV) Vice Chairman Glass read the agenda item into the record as follows: "Tabled Item - Consider tree conservation policy submitted for Utal Development." MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 5-0 to remove the agenda item from the table. The motion carried. Brian Larson, of Johnson, Johnson, & Roy, presented the amendments to the tree preservation policy. ALLEN PLANNING & ZONING COMMISSION PAGE 3 FEBRUARY 28, 1985 Tabled Item (Cont.) Utal Development Bill Petty stated that two issues need to be addressed. One being a time limit placed on the City's responsibility and the other being a need for a "hold harmless" clause to relieve the City of liability. Mark Thornton, Director of Parks and Recreation, told the Commission that his department would review each application as it comes in, minimizing the number of trees removed. Each application should be accompanied by a plan showing the trees which would be removed. Mark's department would have the option to deny or approve. Brian Larson handed out another revision. He stated that the only time a tree should be removed is when it hampers access to the road or dictates the placement of the house. Bill Petty stated that the City's responsibilities should cease at the issuance of the certificate of occupancy. He pointed out to Mr. Larson that the wording on the handout should be changed to: The City's responsibilities for enforcement shall cease at the issuance of the c/o on any lot on tracts 6,7, and 9. The Commission stated an additional change would need to be made on Page 1; Change the word "shall" to "may" when talking about the alleys backing up to the greenbelt. MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Hoover, the Commission voted 4-1, with the opposing vote being Commissioner Armand, to approve the Agenda Item No. IV with stipulations. The motion carried. Stipulations On Page 1, number 2 under D, wording shall read "at the City's discretion alley may not be required on any lot backing up to a greenbelt. ° The addition on handout page, under (e) Enforcement - number ' 6 shall read the City's involvement with enforcement shall cease upon issuance of a c/o on any lot on Tracts 6, 7, and 9. ALLEN PLANNING & ZONING COMMISSION PAGE 4 FEBRUARY 28, 1985 Tabled Item Utal Development (Cont.) There will be an addition under the Administrative Criteria something to the effect the City of Allen shall be held harmless for enforcement of the policy. Also to recommend that when this is presented to the City Council that this tree preservation policy will amend the planned development zoning to include this policy. Tabled Item (Agenda Item No. V) Ethel H. Richards Vice Chairman Glass read the agenda item into the record as follows: "Tabled Item - Consider a zoning request by Don A. Tipton, Inc., agent for Ethel H. Richards, being 9.18 acres i of land situated in the Peter Fisher Survey, Abstract No. 324, Collin County, Texas, and being out of the tract of land as described in a deed to L.C. Richards as recorded in Volume 291, Page 176, Deed Records, Collin County, Texas. The request is to change the present zoning of R-2 (Residential) to 5.7 acres of LR (Local Retail) and 3.4 acres of R-5 (Residential). This property is further described as being north of and adjacent to F.M. 2170." MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Wilson, the Commission voted 5-0 to remove the agenda item from the table. Pat Atkins presented the revised plan to the Commission. He stated that there will be 13 lots, which will be deed restricted to 1,600 sq. ft. Pat pointed out that the property to the east is zoned General Business. The new plan is now 4.1 acres of residential and 5.0 acres of retail. The lots will meet the minimum lot size. MOTION: Upon a motion made by Commissioner Hoover and seconded by Commissioner Garcia, the Commission voted 5-0 recognizing that there will be deed restrictions on the R-5 zoning setting a minimum house size of 1,600 sq. ft. The motion carried. i ALLEN PLANNING & ZONING COMMISSION PAGE 5 FEBRUARY 28, 1985 Tabled Item (Cont.) Ethel H. Richards Commissioner Wilson had some findings for the record: Findings ° The R-5 zoning is consistent with the adjacent single family residential district. ° The depth of the retail in this submittal is consistent with the depth of the local retail on the west side. ° This property is bordered along the entire eastern frontage by General Business zoning, and this local retail will be compatible with that. ° When the 50 acres in Fountain Park No. 7 were zoned, it was recognized that this would be coming back as a separate item at a later date. i Public Hearing (Agenda Item No. VI) Shelley Realtors Vice Chairman Glass 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 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 648, 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 19.9793 acres of R-2 (Residential) and 36.8908 acres of R-4 (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." ALLEN PLANNING & ZONING COMMISSION PAGE 6 FEBRUARY 28. 1985 Public Hearing (Cont.) Shelley Realtors Craig Curry, of Nelson Engineering, presented the proposed plan to the Commission. Bill Petty told the Commission that the proposed zoning is consistent with adjacent zoning. Vice Chairman Glass opened the public hearing. With no one wishing to speaking at the public hearing, Vice Chairman Glass closed the public hearing. MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Armand, the Commission voted 5-0 to approve Agenda Item No. VI. The motion carried. Site Plan (Agenda Item No. VII) Sibley & Wolf Vice Chairman Glass read the agenda item into the record as follows: "Consider a site plan for a shopping center development of Lots 1 and 2, Block 1 of the Old Donation to the City of Allen. This site plan being a tract of land owned by Sibley & Wolf in the William Perrin Survey, Abstract No. 708, Collin County, Texas. Also described as being the southeast corner of McDermott and Federal Drives." Stephen Harrison, attorney for Sibley & Wolf, presented the request. He stated that the original sale of the property was zoned SC; subsequently included in the CBD. The areas of concern are: Paving of streets, alleys, and sidewalks Means of ingress and egress Parking Protective screen and open spaces Area designated for landscaping Mr. Harrison also stated that he had the authority to commit that Sibley Wolf Company will contribute and participate in the funding and financing an access road to provide access to the City's property. ALLEN PLANNING & ZONING COMMISSION PAGE 7 FEBRUARY 28, 1985 Site Plan Sibley & Wolf (Cont.) Gary Cunningham stated that the development would create a landscape opening to the City's property with an open landscape zone framed by two parts of the retail center. There will be an open arcade with a 15 ft. clock tower. Bill Petty stated that our concern is was with the proposed City offices looking straight out into the back of buildings. Staff has no problem with the uses being proposed. City staff's problems with development are: Backs of buildings Drives opening up to backs of the stores would be a disadvantage Bill Petty also stated that the arcade is an advantage. The screening of the buildings also needs to be addressed. Bill told the Commission that staff is not in the position to make a recommendation, but that uses are allowable. Mr. Harrison stated that underground conduit could be placed at a later date, with escrowed monies, at the time the City has placed its buildings. Other items discussed were the landscape plan, curb cuts on McDermott, and the enclosure dumpsters. Mr. Teague stated that the screening is flexible, but would be complimentary with the adjacent site. MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Armand, the Commission voted 3-2, with the opposing votes being Commissioners Garcia and Hoover, the approve Agenda Item No. VII with the following stipulations. The motion carried. ° Detailed landscape plan will be submitted at next meeting. ° The proponent will work with the Engineer in planning curb cuts on McDermott Drive adjacent to the property with the full knowledge that there could possibly be a trade-off of land in the final placement of the circular road. ALLEN PLANNING & ZONING COMMISSION PAGE 8 FEBRUARY 28, 1985 Site Plan Sibley & Wolf (Cont.) ° Funds will be escrowed in an amount to compensate for the storm drainage from this property to be spent at a later date when it is installed. ° That proponent will work with the City in their planning of appropriate screening, realizing that there could be alteration of that screening. ° Dumpsters on site to be screened. ° Proponent will provide land and build and finance the street. • This site plan will not proceed to Council until this landscaping plan has been presented and approved by the Planning and Zoning Commission. Preliminary Plat Siblev & Wolf (Agenda Item No. VIII) Vice Chairman Glass read the agenda item into the record as follows: "Consider a request for preliminary plat approval as requested by Sibley & Wolf. Request is for Lots 1 and 2, Block 1 of the Old Donation to the City of Allen, and being a tract of land owned by Sibley & Wolf in the William Perrin Survey, Abstract No. 708, Collin County, Texas. Also described as being the southeast corner of McDermott and Federal Drives." Sibley and Wolf requested tabling the plat until the next meet- ing, based upon the fact that additional engineering, easements and examination of the curb cuts and left turn lanes need to be studied. Bill Petty recommended to Sibley and Wolf that City does allow subdivision of three lots or less to be submitted as combination a preliminary/final plat. Sibley and Wolf requested to withraw request for approval of the preliminary plat. MOTION: Upon a motion made by Commissioner Armand and second by Commissioner Wilson, the Commission voted 5-0 to approve the withdrawal of Agenda Item No. VIII. The motion carried. L ALLEN PLANNING & ZONING COMMISSION PAGE 9 FEBRUARY 28, 1985 Officer Election (Agenda Item No. IX) Vice Chairman Glass read the agenda item into the record as follows: "Planning and Zoning Commission officer election. Vice Chairman Glass opened the floor for nominations of Chairman of the Planning and Zoning Commission. Commissioner Wilson nominated Bobby Glass, MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Garcia, the Commission voted 5-0 that nominations cease and that Bobby Glass be appointed by acclamation as Chairman of the Planning & Zoning Commission. The motion carried. Chairman Glass opened the floor for nomination of Vice Chairman of the Planning and Zoning Commission. Commissioner Garcia nominated Jerry Wilson. MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Hoover, the Commission voted 5-0 that nominations cease and that Jerry Wilson be appointed by acclamation as Vice Chairman of the Planning & Zoning Commission. The motion carried. Adjournment: MOTION: Upon a motion made by Commissioner Garcia and seconded by Commissioner Armand, the Commission voted 5-0 to adjourn the meeting at 10:50 p.m. The motion carried. These minutes approved this \� day of WMA , 1985. I Bobby Glass, Chairman Wayn—emend, Secretary