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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1987 - 07/09 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING July 9, 1967 ATTENDANCE: Commissioners Present: Ken Browning, Chairman Wayne Armand, Vice -Chairman Eileen Karlsruher, Secretary John Garcia Dan Contreras Carolyn Latimer Chuck Lee City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Browning at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Chairman Browning stated that he would suggest Agenda Item VII be moved to the beginning of the meeting because of the number of citizens present for this request. With no objections, Item VII was considered at this time. Request to Appear Sam Commisa (Agenda Item VII) Chairman Browning read the agenda item into the record as follows: "Request to Appear by Sam Commisa concerning Fountain Park Estates." Mr. Sam Commisa, 906 Spring Brook, addressed the Commission representing concerned homeowners in the Fountain Park Estates. He discussed their reasons for living in Allen, and stated the group was appearing at this meeting to protect their home investment. He stated that they do not want tract homes in E their custom home community. He presented the following questions to the Commission: ALLEN PLANNING & ZONING COMMISSION PAGE TWO July 9, 1987 Request to Appear Sam Commisa (Agenda Item VII) 1. Has the land been sold to Berkshire -Dallas Homes or have they only optioned the lots? 2. What formal plans, if any, have been submitted to City Council or Planning & Zoning for approval and what are the subsequent rights thereof? 3. What are the plans of Planning & Zoning Commission to help them protect their interest, as well as their investment? 9. He questioned the requirements as to screening on commercial properties along F.M. 2170 where they border the residential property. Chairman Browning explained that the Planning & Zoning Commission is a recommending body, reviewing items of planning & Zoning prior to their going to City Council. He stated the Commission has 1 the power to approve subdivision plats, and discussed the fact that State law does not permit the City to refuse to allow a builder to construct a house if it meets the requirements of the ordinances and codes of the City. He stated further that the deed restrictions cannot be enforced by the City, but rather are a civil matter. The Architectural Control Committee (referred) to in the deed restrictions) has the power to review the plans. He added that the Planning & Zoning Commission and City staff willenforce the zoning restrictions and building codes of the City. Chairman Browning explained to the audience that the screening along the commercial property adjacent to Fountain Park V Subdivision will be completed along with development of each individual parcel. The City has no information as to whether the property in question has actually been sold. The following persons spoke with reference to the above matter: Cheryl McClure 909 Spring Brook Charles Young 711 Rush Creek Glenn Jones 918 Spring Brook ALLEN PLANNING & ZONING COMMISSION PAGE THREE July 9, 1987 Request to Appear Sam Commisa (Agenda Item VIII) Mr. Jones requested that the Planning & Zoning Commission question Mr. Bass about his ability to advertise contrary to what he is actually doing. Ashley Frederick 900 Spring Brook Mr. Frederick questioned whether each section of Fountain Park was a separate entity, or are they allowed to ban together as one unit. Mike Santarcangelo 910 Rush Creek Mr. Santarcangelo questioned whether this area could be rezoned. Sharon Mulles 919 Spring Brook Terry Connell 9b1 Spring Brook Gay Nuspel 708 Willow Brook Deborah Arledge 806 Green Brook Mr. Commisa requested that anyone present representing Mr. Bass or Berkshire Homes speak on their behalf. No one expressed a desire to speak. Don Evans 1219 Rainforest Cheryl Huff 823 Willow Brook George Huff 823 Willow Brook I 11 ALLEN PLANNING & ZONING COMMISSION PAGE FOUR July 9, 1987 Request to Appear Sam Commisa (Agenda Item VII) Commissioner Garcia expressed the fact that he appreciates the problem of the citizens in that they seem to understand the limitations of the Commission. Commissioner Armand thanked everyone for their presence, and advised that if there is anything legally the Commission can do, they will. Approve Minutes June 11, 1987 Approve Minutes May 14 1987 (Agenda Item II) Chairman Browning read the agenda item into the record as follows: "Approve minutes of June 11, 1987, Regular Meeting, and minutes of Joint Workshop Meeting May 14, 1987." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of June 11, 1987. The motion carried. Election of Officers (Agenda Item III) Chairman Browning read the agenda item into the record as follows: "Election of Officers." Commissioner Armand placed the name of Ken Browning in nomination for the office of Chairman. Upon a vote of 6 FOR 0 OPPOSED and 1 ABSTENTION, Chairman Browning was re-elected to the office of Chairman. Commissioner Garcia placed the name of Wayne Armand in nomination for the office Vice -Chairman. Upon a vote of 6 FOR, 0 OPPOSED and 1 ABSTENTION, Vice -Chairman Armand was re-elected to the office of Vice -Chairman. Commissioner Latimer placed the name of Eileen Karlsruher in nomination for the office of Secretary. Upon a vote of 6 FOR, 0 OPPOSED, and 1 ABSTENTION, Commissioner Karlsruher was re-elected to the office of Secretary. n L I ALLEN PLANNING & ZONING COMMISSION July 9, 1987 Tabled Item Radke-Tibodeau PAGE FIVE (Agenda Item IV) Chairman Browning read the agenda item into the record as follows, referring to the agenda for the legal description: "Tabled Item - Consider a request by Jackie M. Radke, Wallace Kemp, Four -T Partnership, Triple -T Partnership, and Jupiter/Allen Joint Venture to change the zoning on 33.60 acres from "R-2" Residential to "PD" Planned Development to include community facilities, garden office with limited retail, and multi -family uses. The property is located in the following surveys and abstracts: Situated in the State of Texas, County of Collin, being a part of the William Perrin Survey, Abstract No. 708, and a part of the George W. Ford Survey, Abstract No. 328, being a portion of the 241.5 acre parcel described and conveyed by deed recorded in Volume 321, Page 165, of the Collin County Deed Records; Situated in the State of Texas, and County of Collin, being a part of the William Perrin Survey, Abstract No. 706; further described as being east of State Highway 5, west of Jupiter Road, and north of the Oak Hill Addition." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Armand, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the table. The motion carried. Mr. J. T. Dunkin, J. T. Dunkin and Associates, discussed the changes being proposed for this development, as follows: 1. To landscape screen the south property line, just north of the Right -of -Way strip. 2. Maximum height for the Garden Office, Tract 4, will be one story. 3. Additional ROW for Highway 5 and Jupiter Road will be dedicated concommitantly with the zoning. P L ALLEN PLANNING & ZONING COMMISSION PAGE SIX July 9, 1987 Tabled Item Radke-Tibodeau (Agenda Item IV) 4. The owners adjacent to Highway 5 will be required to participate in the cost of the median landscape treatment, irrigation, and signalization at the time the State reconstructs that roadway. 5. The Multi -family "MF" is to be restricted to 150 units with minimum unit sizes of 800 square feet for one bedroom units and 915 square feet for two bedroom units. Mr. Keener questioned whether the setbacks in the Garden Office tracts had been changed to 100 feet. Mr. Dunkin stated that, no, 50 feet is still shown in the standards. He stated that if 100 feet is required, then they request parking be allowed in a portion of that area. The Commission discussed the constraints placed on this property by the adjacent thoroughfares and the collector street running through the middle, as well as the proposed 10 feet of landscaping. Chairman Browning requested a speaker from the property owners and Mr. Dan Fusco, 500 White Oak, presented the Commission with facts regarding the retail and office space currently vacant in Allen and requested the proposed tract remain zoned as residential. Jean Brown, 509 White Oak, requested the land remain zoned as residential. Mike Hill, 537 White Oak, stated that he met with the developer and appreciates the time given to the homeowners. He feels this zoning is being requested as a holding pattern, and the proponent is not ready to build at this time. He is not in favor of the Multi -family "MF" unless there are restrictions to attempt a quality development; however, the interested homeowners were neutral concerning the remainder of the proposal. Bill Daily, 503 White Oak, discussed the question of economics. He requested the Commission zone this property residential. Mr. Keener discussed the fact the City Council has not yet adopted the Garden Office District; however, the setbacks proposed for this property are different from the proposed Garden Office District. Commissioner Armand stated he had noted the following differences from the proposed district: 1. Page 4, front yard is shown as 50 feet and should be 100 feet. ALLEN PLANNING & ZONING COMMISSION PAGE SEVEN July 9, 1987 Tabled Item Radke-Ribodeau (Agenda Item IV) 2. Page 5, side yards are shown as 20 feet and should be 50 feet. 3. Page 6, front yard is shown as 50 feet and should be 100 feet. Parking is being permitted in front yards. 4. Page 6, side yard is shown as 10 feet and should be 50 feet. Mr. Petty reviewed the proposed Garden Office regulations and clarified the wording for the setback requirements. He requested a clarification as to whether access was being permitted from Highway 5. He suggested that access should be provided only from interior streets. Mr. Dunkin suggested that the proposal be changed to read that access would be allowed to Tracts 3 and 4 from interior streets only. He added that the wording under Paragraph 2D, Tract 3, would be added to Tract 4. Commissioner Armand stated he had requested previously that both the Garden Office tracts be reduced to one story. Tract 4 has been reduced in this proposal; however, he is requesting Tract 3 also, because of its proximity to the church site to the north. Mrs. Peggy Armand provided the Commission with the information that the church is planning to occupy a new sanctuary on that property in the fall of 1989. Mr. Dunkin suggested the possibility of limiting the tract to one story in the northern 200 feet of the tract. Commissioner Karlsruher stated that she does not like the Multi- family "MF" and that it does not comply with the Comprehensive Plan. She prefers this property to remain residential. Commissioner Lee stated he is still disappointed with the plan and prefers to see the property as residential. Commissioner Garcia stated the property should stay residential. The Comprehensive Plan calls for the area to be residential and he sees no reason to justify deviation from the plan. Chairman Browning stated the reason for R-2 zoning at this time is that R-2 zoning was used as a holding pattern at the time of annexation. He stated this tract is not a good residential tract �„^ by today's standards. I 7 ALLEN PLANNING & ZONING COMMISSION PAGE EIGHT July 9, 1987 Tabled Item Radke-Tibodeau (Agenda Item IV) Mr. Petty stated that from a planning viewpoint, the traffic and safety must be considered. The future layout of this land, if developed as residential, will not be accomplished in the manner that Oak Hill was developed. This proposal lessens the intensity of the use of the property, and provides for development that would feed onto a major commercial collector street. Mr. Dunkin proposed the following changes to the proposal: 1. The Right -o£ Way for Jupiter Road and Highway 5 needed for widening of those roadways will be dedicated concomitant with the zoning. 2. The property owners will comply with Resolution No. 673-1-86(R) pertaining to the landscape treatment of Highway 5 at the time of platting. 3. The side yards in the garden office tracts will be 50 feet. 4. The language on Page 3, Paragraph 2D will also appear in Tract 4 (referring to internal access only). 5. The northern 200 feet of Tract 3 will be no higher than one story. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Latimer, the Commission voted 4 FOR and 3 OPPOSED to recommend approval of the Radke-Tibodeau request with the additional stipulations as stated by Mr. Dunkin in Items 1 through 5 above. The motion carried. FINDINGS: 1. Although shown as residential on the Comprehensive Plan, the majority of the Commission concluded that because of the limitations of size, shape and the surrounding major thoroughfares, a current street layout would be extremely difficult to accomplish. 2. The proposed landscape screen should be an adequate buffer to adjacent residential use. 3. The traffic study estimated that there was not a negative impact on the thoroughfare system. Tabled Item Radke-Tibodeau (Agenda Item IV) 4. The internal landscape criteria and the limitations on height should promote a quality development. Minority Finding: 1. The proposal deviates from the Comprehensive Public Hearings Plan by more than 10 percent. Pizza Shack (Agenda Item V) Chairman Browning read the agenda item into the record as follows: "Public Hearing - Consider a request for a Specific Use Permit by Pizza Shack for a Restaurant/Private Club as an incidental use to a restaurant located in the Cottonwood Creek Village Shopping Center Addition to the City of Allen, a tract of land located in the Peter Wetsel Survey, Abstract No. 990, Collin County, Texas; more particularly described as being the northwest corner of F.M. 2170 and S.H. 5, 107-B North Greenville, Allen, Texas." Mr. George Allen, owner of Pizza Shack, presented the request to the Commission. Chairman Browning opened the public hearing. With no one wishing to speak FOR or AGAINST the request, Chairman Browning closed the public hearing. Mr. Keener stated that the proposal satisfied the criteria of the Restaurant/Private Club ordinance. Commissioner Garcia questioned the intention of Paragraph 2A of the Restaurant/Private Club ordinance regarding no drive-through or service outside the establishment and whether this would refer to the delivery of pizza. That section of the ordinance was read before the Commission and discussed as to its intention and correct meaning. Commissioner Armand questioned the proponent as to whether he has delivery service and he stated that he does. However, it would be for pizza only and not for alcohol. MOTION: Upon a motion by Commissioner Karlsruher and a second by Commissioner Latimer, the Commission voted 7 FOR and 0 OPPOSED to recommend approval of the Specific Use Permit for a Restaurant/Private Club for Pizza Shack as requested. The motion carried. ALLEN PLANNING & ZONING COMMISSION PAGE NINE July 9, 1987 Tabled Item Radke-Tibodeau (Agenda Item IV) 4. The internal landscape criteria and the limitations on height should promote a quality development. Minority Finding: 1. The proposal deviates from the Comprehensive Public Hearings Plan by more than 10 percent. Pizza Shack (Agenda Item V) Chairman Browning read the agenda item into the record as follows: "Public Hearing - Consider a request for a Specific Use Permit by Pizza Shack for a Restaurant/Private Club as an incidental use to a restaurant located in the Cottonwood Creek Village Shopping Center Addition to the City of Allen, a tract of land located in the Peter Wetsel Survey, Abstract No. 990, Collin County, Texas; more particularly described as being the northwest corner of F.M. 2170 and S.H. 5, 107-B North Greenville, Allen, Texas." Mr. George Allen, owner of Pizza Shack, presented the request to the Commission. Chairman Browning opened the public hearing. With no one wishing to speak FOR or AGAINST the request, Chairman Browning closed the public hearing. Mr. Keener stated that the proposal satisfied the criteria of the Restaurant/Private Club ordinance. Commissioner Garcia questioned the intention of Paragraph 2A of the Restaurant/Private Club ordinance regarding no drive-through or service outside the establishment and whether this would refer to the delivery of pizza. That section of the ordinance was read before the Commission and discussed as to its intention and correct meaning. Commissioner Armand questioned the proponent as to whether he has delivery service and he stated that he does. However, it would be for pizza only and not for alcohol. MOTION: Upon a motion by Commissioner Karlsruher and a second by Commissioner Latimer, the Commission voted 7 FOR and 0 OPPOSED to recommend approval of the Specific Use Permit for a Restaurant/Private Club for Pizza Shack as requested. The motion carried. I 7 I ALLEN PLANNING & ZONING COMMISSION July 9, 1987 Preliminary/Final Plat Approval Cottonwood Business Park No. 2 PAGE TEN (Agenda Item VI) Chairman Browning read the agenda item into the record as follows: "Preliminary/Final Plat - Consider preliminary and final plat approval for Cottonwood Business Park No. 2, being a tract of land located on Jupiter Road in Allen, Collin County, Texas, and being a tract of land out of the David Wetsel Survey, Abstract No. 977 in Collin County, Texas, and being out of a 1.544 acre tract as described in a deed from Jacky C. Marshall and wife, Imogene Marshall to Eldon Dotson and wife, Brenda Dotson, as recorded in Volume 2087 at Page 416 of the Deed Records of Collin County, Texas; further described in being east of Jupiter Road and north of Cottonwood Circle." Mr. Jim Barrett, 10 Secretariat, Fairview, Texas, presented the plat for approval. The intention of the developer is to build the Pebblebrook Montessori Academy on this site. Mr. Petty confirmed that the City Engineer has reviewed this plat and has stated that it meets the City's requirements. Staff had requested a revision allowing for a 15 foot utility easement be added to the plat, and this has been accomplished. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 7 FOR and 0 OPPOSED to approve this preliminary/final plat for Cottonwood Business Park No. 2. The motion carried. Other Business: Staff advised that the next agenda will include a request for amendment to Planned Development "PD" No. 30 to allow a church to locate on a temporary basis and a review of the Schedule of Uses as reviewed by City Council. Commissioner Latimer advised that she will not be present for the next meeting. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Contreras, the Commission voted 7 FOR and 0 OPPOSED to adjourn the July 9, 1967, at 11:10 p.m. The motion carried. ALLEN PLANNING & ZONING COMMISSION July 9, 1987 PAGE ELEVEN These minutes approved this o?�.� day of 1987. U r. Ken r 15 bwning,'Cnairman I Ei een Kar lsruher, Secretary