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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1986 - 02/13 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 Present: Commissioners: Bobby Glass, Chairman Jerry Wilson, Vice -Chairman John Garcia Eileen Karlsruher Ken Browning Jack Pennington Absent: Wayne Armand, Secretary City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Nadine Hopps, Secretary The Regular Meeting of the Allen Planning & Zoning Commission was called to order by Chairman Glass at 7:30 P.M. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Chairman Glass informed Commission that this was the last meeting for two of our Commissioners, Wilson and Pennington. Minutes January 23, 1986 (Agenda Item II) Chairman Glass read the agenda item into the record as follows: "Approve minutes of January 23, 1986, Regular Meeting. MOTION: Upon a motion by Commissioner Wilson, and a second by Commissioner Garcia, Commission voted 6 FOR and 0 AGAINST to approve Agenda Item II as presented. The motion carried. 19 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE TWO Public Hearing - Cottonwood Bend North (Agenda Item IV) Chairman Glass read the agenda item into the record as follows: "Consider a request by Mr. Pat Atkins of Don Tipton, Inc., for Cottonwood Bend North to amend PD Planned Development No. 13 to change the use regulations on Tract 9 presently "TH" Townhouse with 3300 sq. ft. lots, and Tract 10, presently Single Family with 3300 sq. ft. lots and 1425 sq. ft. homes, to Garden Homes with a mixture of 5,000 and 5,500 sq. ft. lots and house sizes ranging from 1225 to 1425 sq. ft. This is a tract of land situated in the G. W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas, and further being part of that certain tract of land as conveyed to Landtex Development, a Texas Joint Venture, and recorded in Volume 1171, Page 280, of the Deed Records of Collin County, Texas, further described as being north of Bethany Road and east of Jupiter Road." Chairman Glass stated that the agenda should read on lines 6 and 7 as follows: "with 7500 sq. ft. lots and 1425 sq, ft. homes, to Garden Homes with a mixture of 5,000 sq. ft. lots" Chairman Glass noted for the record that the Memos to the Commissioners were correct. Mr. Pat Atkins of Don Tipton Engineers made the presentation and presented a slide show. He commented that Mr. Ken Chenault of Landmark Homes, has been working with him on this development from the beginning. The product homes that Landmark has built in the Cottonwood Bend Subdivision in Allen were shown. Mr. Atkins commented that the public appears to be looking for the larger two story homes. Mr. Atkins request calls for Garden Homes on Tracts 9 and 10. The lots would have a minimum of 5,000 sq. ft. lots but the house size minimum will be between 1225 and 1425 sq. ft. The overall density will increase by 20 dwelling units. Chairman Glass opened the public hearing. No one wished to speak FOR or AGAINST this request. Chairman Glass closed the public hearing. 20 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE THREE Public Hearing Cottonwood Bend North (Continued) (Agenda Item IV) Mr. Mark Thornton commented that the new plan is more suited to the rerouting of a road to parallel Cottonwood Creek and it reduces the threat of flooding. The new roadway will make access to the park better and easier. The Parks and Recreation Department had no problem with this submission. Mr. Atkins stated that the new plan has rear -entry garages and it offers a wider range of house sizes, styles, and product types. MOTION: Upon a motion by Commissioner Pennington and a second by Commissioner Wilson, Commission voted 6 FOR and 0 AGAINST to approve Agenda Item IV as presented. The motion carried. FINDINGS: 1. That there be single loaded streets at the Creek. 2. The total road system is much more desirable. 3. The rear -entry garages are more desirable. 4. The density is essentially the same and the product is good or even better than what was proposed originally. 5. The roadway is a buffer and it provides better safety. 6. It allows better access for people to get to the park. 7. It also avoids any problems with floodplain or flooding with the movement of the lots out from behind the Creek. 8. They are offering a wider variety of house sizes, types and more affordable ranges in this area to the public with the use of a multiple builder. 21 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE FOUR Public Hearing Mr. Kendall Brown (Agenda Item V) Chairman Glass read the agenda item into the record as follows: "Consider a request by Mr. Kendall Brown for a Specific Use Permit for an environmental laboratory in the Central Business District. This is a tract of land situated in the Central Business District. This tract of land is situated in Block 18, part of Lot 8, and all of Lots 9 and 10 in the City of Allen, Collin County, Texas, known as the Old Donation; further described as being Suites 103/105 Allen Plaza." Chairman Glass opened the public hearing. No one wished to speak FOR or AGAINST this request. Chairman Glass closed the public hearing. Mr. Petty stated that Staff had two major concerns with this request when it was originally submitted. Staff advised Mr. Brown that the City uses the Uniform Building Code safety requirements and a building permit could only be issued if all safety precautions are met. Staff advised Mr. Brown that the permission of the North Texas Water District is needed. Staff was concerned with safety and the discharge of solid and liquid waste. Mr. Petty stated that since this is a special request, Staff sent public hearing notices to the tenants of Allen Plaza as well as the surrounding property owners. 5 Mr. Brown informed the Commission that he has contacted the North Texas Water District and he was waiting for written confirmation from them about his request. He had been told verbally that they had no problem with his request. 22 Mr. Kendall Brown made the presentation to the Commission. He stated that he wished to expand his present facility by remodeling the adjoining suites for a biology and chemical laboratory. The laboratory will perform chemical and biological tests for regu- latory agencies or similar uses. Mr. Brown informed Commission that he has worked with City Staff, City Plans Examiner, Arne Johnson, and the North Texas Water Commission. The disposal of liquid waste would be through the sanitary sewer system where it would be quickly mixed with large volumes of wastewater from the adjoining laundromat. The disposal of fish and other biological materials will be done in appropriate packaging and in dumpsters outside to minimize health problems. Chairman Glass opened the public hearing. No one wished to speak FOR or AGAINST this request. Chairman Glass closed the public hearing. Mr. Petty stated that Staff had two major concerns with this request when it was originally submitted. Staff advised Mr. Brown that the City uses the Uniform Building Code safety requirements and a building permit could only be issued if all safety precautions are met. Staff advised Mr. Brown that the permission of the North Texas Water District is needed. Staff was concerned with safety and the discharge of solid and liquid waste. Mr. Petty stated that since this is a special request, Staff sent public hearing notices to the tenants of Allen Plaza as well as the surrounding property owners. 5 Mr. Brown informed the Commission that he has contacted the North Texas Water District and he was waiting for written confirmation from them about his request. He had been told verbally that they had no problem with his request. 22 E ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE FIVE Public Hearing Mr. Kendall Brown (Continued) (Agenda Item V) Mr. Petty stated that Staff had no problem with this submission. MOTION: Upon a motion by Commissioner Wilson, and a second by Commissioner Pennington, Commission voted 6 FOR and 0 AGAINST to approve Agenda Item V with the following modifications: 1. The Specific Use Permit will expire with the owner/occupant, Mr. Kendall Brown. The laboratory space may not expand beyond Suites 103 and 105. 2. That the City have a copy of the agreement between Mr. Brown and the North Texas Municipal Water District stating that the discharge from his laboratory meet their requirements. The motion carried. Final Plat Right -of -Way Dedication for Alma Drive at Suncreek (Agenda Item VI) Chairman Glass read the agenda item into the record as follows: "Consider a request by Mr. Pete Boecher of Jones & Boyd, Inc., for Right -of -Way Dedication for Alma Drive at Suncreek, being a tract of land out of the J. M. Wilcox Survey, Abstract No. 1017, Allen, Texas, Collin County, Texas, and being part of a tract conveyed to Utal Develop- ment, Inc., by deed recorded in Volume 1909, Page 149, in the Deed Records of said County. Further described as being northwest of Suncreek Drive and south of Suncreek Boulevard." Mr. Petty made the presentation. He reminded Commission that this was the western half of Alma Drive. MOTION: Upon a motion by Commissioner Pennington, and a second by Commissioner Wilson, Commission voted 6 FOR and 0 AGAINST to approve Agenda Item VI as presented. The motion carried. 23 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE SIX Preliminary Plat Allen Park Estates (Agenda Item VII) Chairman Glass read the agenda item into the record as follows: "Consider preliminary plat approval for Mr. John Ferguson of Ferguson Deere, Inc., for Allen Park Estates, an addition to the City of Allen. This is a 117 -acre tract of land out of the J. Wilcox Survey, Abstract No. 1017, the D. Mix Survey, Abstract No. 668, and the W. Lee Survey, Abstract No. 543, Collin County, Texas, and further described as being southeast of Alma and McDermott." Mr. John Ferguson of Ferguson Deere, Inc., made the presentation to the Commission. He stated that this was for 117 acres southeast of Alma and McDermott Road. He stated that the preliminary plat does not show Woodburn Street. They would be developing everything north of Woodburn at this time and they would replat the south side or Phase II at a later date. Mr. Ferguson said that he has worked with Staff and has agreed to share the right-of-way of the park area with this development. Mr. Petty stated that Staff had a concern about the storm drainage to the south. Staff would need an easement with the adjacent property owner or there would need to be simultaneous development of that property prior to the commencement of Phase II. Mr. Petty stated that he had spoken with Tomlin Properties and they would be able to work out a Facilities Agreement for their share of the roadway on 2170. Mr. Ferguson stated that they would develop the east 2 lanes of Alma Drive along their property and to F.M. 2170 at the time of Phase I development. Mr. Petty reminded the proponent that the Subdivision Ordinance requires 508 of the development to be completed before the expiration of one year after the final platting. MOTION: Upon a motion by Commissioner Pennington and a second by Commissioner Garcia, Commission voted 6 FOR and 0 AGAINST to approve Agenda Item VII with the following modifications: 1. Escrowing of funds for the future construction of F.M. 2170 across the width of Alma Drive Right -of -Way a+ final platting. 2. Facilities Agreement worked out with Tomlin Properties prior to final platting on Phase I to set out time limits of construction of F.M. 2170 from U.S. 75 to Alma Drive. 1. When property adjacent to F.M. 2170 develops on the south side. 2. When traffic increase from west side development warrants. 3. Time limit (3 years?) Whichever comes first. The motion carried. 24 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE SEVEN Preliminary Plat Heritage Park I (Agenda Item VIII) Chairman Glass read the agenda item into the record as follows: "Consider preliminary plat approval for Mr. Pat Atkins of Don Tipton, Inc., for Heritage Park I being 78.665 acres out of the G. W. Ford Survey, Abstract No. 328 in the City of Allen, Collin County, Texas, and further described as being north of Bethany Road and south of Park Place Drive." Mr. Jack Pennington stated that he had a conflict of interest and needs to abstain from voting on this submission. Mr. Pat Atkins made the presentation to the Commission. He stated that this is the same as the submission submitted to Planning & Zoning and Council a few months ago. There will be a fire station on the 9 acres as previously discussed which will be dedicated to the City. The cul-de-sacs have adequate turn -around to accommodate the fire trucks. Mr. Petty stated that Staff finds this to be in agreement with this plan. MOTION: Upon a motion by Commissioner Karlsruher and a second by Commissioner Wilson, Commission voted 5 FOR and 0 AGAINST with 1 ABSTENTION to approve Agenda Item XII as presented. The motion carried. Preliminary Plat Heritage Park II (Agenda Item IX) Chairman Glass read the agenda item into the record as follows: "Consider preliminary plat approval for Mr. Pat Atkins of Don Tipton, Inc., for Heritage Park II, being 22.80 acres out of the G. W. Ford Survey, Abstract No. 328, in the City of Allen, Collin County, Texas, and further described as being north of Bethany Road and east of Cottonwood Creek." Mr. Pat Atkins made the presentation. This is the twinplex product of Heritage Park I. Mr. Atkins stated that they will be building the 60 foot right-of-way on Bethany at this time and the paving would begin sometime in March. Mr. Petty said that the Ford Park Grand Opening would be on the 24th of May and he would like to have the roadway complete as close to the Grand Opening as possible. Mr. Atkins stated that he would work with the City to have this work completed at that time. 0 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE EIGHT Preliminary Plat Heritage Park II (Continued) (Agenda Item IX) Mr. Thornton addressed the relationship between the park and the development. He said the Parks and Recreation Department would like to see single loaded streets to the City Park site. MOTION: Upon a motion by Commissioner Browning and a second by Commissioner Wilson, Commission voted 6 FOR and 0 AGAINST to approve Agenda Item IX as presented. The motion carried. Preliminary Replat Fountain Park 7 (Agenda Item X) Chairman Glass read the agenda item into the record as follows: "Consider preliminary replat approval for Mr. Pat Atkins of Don Tipton, Inc., for Fountain Park 7 being a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, an addition to the City of Allen, Texas, as recorded in Cabinet F, Slide 66 of the Collin County Plat Records, Collin County, Texas. Further described as being north of F.M. 2170 and west of Allen Heights Drive." Mr. Ken Browning said that he had a conflict of interest with this submission and the next agenda item therefore he would be abstaining from voting on these two items. Mr. Pat Atkins made the presentation to the Commission. He stated that they are requesting the replat to decrease building line distances from 25 feet to 15 feet. Mr. Petty stated that the Zoning Ordinance gives the Commission the prerogative to reduce the building line to no less than 15 feet on corner lots. Staff has no problem with this request. MOTION: Upon a motion by Commissioner Pennington and a second by Commissioner Wilson, Commission voted 5 FOR and 0 AGAINST with 1 ABSTENTION to approve Agenda Item X as presented. The motion carried. 26 11 0 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE NINE Preliminary Replat Fountain Park 8 (Agenda Item XI) Chairman Glass read the agenda item into the record as follows: "Consider preliminary replat approval for Mr. Pat Atkins of Don Tipton, Inc., for Fountain Park 8 being a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, also 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. Further described as being east of Fountain Gate Drive and north of F.M. 2170." Mr. Pat Atkins made the presentation to the Commission. He stated that this is the same as the previous agenda item request and the only lot affected would be Lot 1 of Block A. MOTION: Upon a motion by Commissioner Wilson and a second by Commissioner Garcia, Commission voted 5 FOR and 0 AGAINST with 1 ABSTENTION to approve Agenda Item XI as presented. The motion carried. Private Club Ordinance (Agenda Item XII) Chairman Glass read the agenda item into the record as follows: "Consideration of the establishment of an ordinance regulating private clubs/restaurant private clubs in the City of Allen." Mr. Petty commented on this submission. He stated that this a revised copy from Mr. Crowder's office. On Page 5 of the revised copy Item i, the statement "Late hours permits available under State law will require an amendment to Specific Use Permit." This was left out of the draft but it was reflected in the minutes of the workshop. Commission recommended that the distance separation be reduced from 1,000 to 300 feet. Also, it was expressed that the required minimum seating be reduced to 50 seats. 27 ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE TEN Private Club Ordinance (Continued) (Agenda Item XII) MOTION: Upon a motion by Commissioner Pennington and a second by Commissioner Wilson, Commission voted 4 FOR and 1 AGAINST with 1 ABSTENTION to approve Agenda Item XII with the following modifications: The Commission makes a motion to forward the ordinance with the recommendation that the minimum seating be changed to 50 in lieu of 80. That the distance requirement be in compliance with that of the State which is 300 feet instead of 1,000 feet proposed. FINDINGS: 1. The Commission felt that the State method of measurement would be more enforceable. This was a topic of much discussion at the public hearing, and the P & Z felt that 300 feet was a comparable alternative. There have been additional comments made through submission of letters since the public hearing. 2. The adoption of an ordinance regulating restaurant private clubs/private clubs is a guide that the City has to control their orderly growth, and the specific use permit is a legal tool that is in the Comprehensive Zoning Ordinance. The restuarant with a private club was addressed in the citizen survey, and it was the wish of the majority responding that the City of Allen have quality restaurants with private clubs. 3. The ordinance differentiates between Private Clubs and Restaurant/Private Clubs, and the Private Club will be located in a certain geograhical area that will be eventually a more intense use and will be somewhat shielded from any private residence. 4. The seating at this time using the 80 requirement is too large and it discriminates against small restaurants. Yia C ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING FEBRUARY 13, 1986 PAGE ELEVEN Other Business (Agenda Item XIII) Chairman Glass commented on the Workshop that the Planning and Zoning Commission held on January 30, 1986. He said there were several areas that need to be examined. Staff suggested that staff evaluate the Zoning Ordinance, Subdivision Ordinance, and Comprehensive Plan and bring the major issues that need consideration before the Commission in 30 to 95 days. Chairman Glass suggested that the Thoroughfare Plan be reviewed with specific attention given to the secondary arterials. Mr. Petty presented a concept design on Allen Heights Drive. It is a traffic direction plan. He stated that the road would be moved back to avoid a stacking problem at the intersection of Hillside Drive and Allen Heights. MOTION: Upon a motion by Commissioner Pennington and a second by Commissioner Garcia, Commission voted 6 FOR and 0 AGAINST to approve the concept of the Traffic Direction Plan. The motion carried. Commissioners Wilson and Pennington thanked everyone for their help and said that they enjoyed working with the Commission and making new friends. Commissioner Wilson stated that the citizens of Allen should be thankful for all the work and dedication the Planning & Zoning Commission does for the City of Allen. Adjourn: (Agenda Item XIV) MOTION: Upon a motion by Commissioner Pennington and a second by Commissioner Wilson, Commission voted 6 FOR and 0 AGAINST to adjourn the Regular Meeting of the Allen Planning & Zoning Commission at 10:95 p.m. W These minutes approved this ,/'I day of 1986. tag Bobby Glass, Chairman Wayne Armand, Secretary 29