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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1987 - 08/13 - RegularI CITY OF ALLEN ALLEN PLANNING & ZONING COMMISSION AUGUST 13, 1987 ATTENDANCE• COMMISSIONERS PRESENT: Ken Browning, Chairman Wayne Armand, Vice -Chairman Eileen Karlsruher, Secretary John Garcia Charles Lee Carolyn Latimer COMMISSIONERS ABSENT: Dan Contreras CITY STAFF PRESENT: Tom Keener, Development Coordinator Sally Leeper, Secretary Ron Gentry, Fire Chief Craig Gillis, Fire Marshal CALL TO ORDER• The August 13, 1987, meeting of the Allen Planning and Zoning Commission was called to order at 7:30 p.m. by Chairman Browning in the City Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Approve Minutes July 23, 1987 (Agenda Item II) Chairman Browning read the agenda item into the record as follows: "Approve minutes of July 23, 1987, Regular meeting." MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Lee, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of July 23, 1987, as presented. Public Hearing Collin Square Homeowners Association (Agenda Item III) Chairman Browning read the agenda item into the record as follows: "Public Hearing - Consider a request by Mr. William L. Manchee representing the Collin Square Homeowner's Association to amend "PD-TH" Planned Development -Town House No. 7 by amending the Covenants, Conditions, and Restrictions to delete the four (9) foot height restriction on fences abutting the common greenbelt area in Collin Square Phase 1. This property I 11 PLANNING & ZONING COMMISSION AUGUST 13, 1987 Public Hearing Collin Square Homeowners Asso. (Cont.) "is known as Collin Square Phase 1 City of Allen, Collin County, Texas plat thereof recorded in Cabinet D, Plat Records Collin County, Texas." PAGE TWO (Agenda Item III) Addition to the as shown on the Page 66, Map and Mr. Tom Keener discussed the background of the deed restrictions as they were placed on the property as an Exhibit to the Planned Development at the time of zoning in 1982. The request is to delete the clause in the deed restrictions which limits the height on fences next to green belt areas to four (9) feet. Many of the houses in this subdivision are not next to a green belt. In these cases, the fences are allowed at six (6) feet. Upon receiving the request, staff investigated the reasons the restriction was placed on the development. The Fire Department advised staff that when the subdivision was first conceived there was a problem of fire pro- tection because of the lack of rear access in this subdivision. There are currently some fences adjacent to the green belt that exceed the four foot requirement, but they are illegal. Mr. Keener advised that the deed restrictions on this property are enforced by the City as opposed to certain other deed restric- tions in the City which are privately enforced. Chief Ron Gentry discussed the fire issues and he stated the Fire Department does not have rear access to the homes in this addition. He stated that it was possible the deed restrictions were attached to the zoning because the owners at that time wanted the City to be able to enforce them. He stated that much of the access in this addition is blocked by vehicles at night and on weekends. The front access is hampered because of minimal fire lanes. The six foot fences between each house restricts access from house to houses. If there is a four foot fence at the rear, it helps by allowing the Fire Department personnel to at least see over it. If gates are used, they are usually locked from the inside. He stated that the more access is limited in the area, the longer it will take for them to do their job. He further discussed a fire situation that had taken place in this addition in which it was necessary to take a fence down in order to get to the rear of the house. [ie reiterated that "access" is their main concern. There is a subdivision similar to this in Dallas, and Chief Gentry presented photographs of that area, built by Fox and Jacobs. They show a six foot fence in an open area, and also a six foot fence adjacent to road access. He presented additional photographs taken in Collin Square, some showing six foot fences adjacent to green belts, which are illegal at this time. I I I PLANNING & ZONING COMMISSION AUGUST 13, 1987 PAGE THREE Public Hearing Collin Square Homeowners Asso. (Cont.) (Agenda Item III) Commissioner Lee questioned whether a six foot fence of a different configuration would help, such as one that would allow visibility through it. Chief Gentry stated it would help the visual problem, but not for access. Mr. Manchee was not in attendance at this meeting, and Mr. Randall Leverett, #2 Crockett Court, presented the request to the Commission. The Association has been trying to change this restriction for two years, he stated. They have the same concerns as the Fire Department and do not want to impede their being able to serve the development. He stated the issue is only the fences adjacent to the common areas. The houses on the common areas are easily accessible. They all back up to the roadways. He stated the homeowners are reminded regularly to keep their drives and fire lanes open. He stated that privacy is the main reason for this request. Another reason is to keep dogs contained. He stated the property in question where a fire occurred was not on the common area, but rather at the back of the subdivision. Mrs. Amber Jamieson, 1410 Collin Drive, discussed the size of the lots and the issue of accessibility. Mr. Leverett stated that he agreed that some of the houses were in violation. The reason for one of these was that the owner has a hot tub, and the City requires a six-foot fence around a hot tub. He discussed the portion of the covenants that allows for a change in the restrictions; that being 758 of the home- owners being in agreement. Their attorney received signatures from over 758 of the homeowners on a petition to change this restriction. They do not feel there is a fire hazard. Every house on a common area has better access than the other houses in the addition. There are easements in between the houses on the common areas. Chairman Browning asked Mr. Keener what the procedure would be to remove the restrictions. Mr. Keener stated that these restrictions are filed with the County, as well as with the City, and to remove them from City enforcement would require approval by the Planning and Zoning Commission and City Council. Mr. Steve Perkins, 34 Crockett Court, stated he had a permit for his six-foot fence because of his hot tub. Mrs. Jamieson stated she does not have a permit for her six- foot fence. After a brief recess, Chairman Browning opened the public hearing. I I PLANNING & ZONING COMMISSION AUGUST 13, 1987 PAGE FOUR Public Hearing Collin Square Homeowners Asso. (Cont.) (Agenda Item III) Amber Jamieson, 1410 Collin Drive, spoke in favor of the request. Randy Leverett, 2 Crockett Court, spoke in favor of the request. Steve Perkins, 34 Crockett Court, stated his permit stated that his fence would be four feet until the restriction was lifted. His spa was discussed at the time of the permit, and the fence only surrounds the spa. Cheryl Perkins, 34 Crockett Court, spoke in favor of the request. Chairman Browning closed the public hearing. Mr. Keener noted that this is a well respected subdivision in this community and complimented the residents on their Homeowners Association. He suggested the following possible alternatives: 1. The subdivision could be completely sprinklered. 2. A possible clarification to the deed restrictions allowing a fence to be placed around a patio or spa at a height of 6 feet, or a possible change to the word "abutting." Chief Gentry stated he would not have a problem with fencing the patio only, but he would want to look into this before making a recommendation. Chairman Browning stated he felt that sprinklering the houses would be cost prohibitive. Mr. Keener stated that due to the fire access problem as noted by Chief Gentry, staff would recommend against this request. Mr. Leverett asked Mr. Keener if he feels there is not sufficient access on the common area for the Fire Department? Mr. Keener stated that based on the information given by the Fire Chief, the access is not prohibitive, but delayed. Mrs. Jamieson advised that the homes adjacent to the common areas have the most access for the fire trucks. Mr. Keener stated that the proponents are asking the City to make a bad situation worse. Mr. Leverett discussed other homes in Allen, including one on Collin Drive, that has an eight -foot fence. PLANNING & ZONING COMMISSION AUGUST 13, 1987 PAGE FIVE Public Hearing Collin square Homeowners Asso (Cont.) (Agenda Item III) Chairman Browning suggested that he feels this restriction was placed on the property for good reason, and should not be changed. He stated that all homeowners knew of this restriction before they purchased their property. Commissioner Lee stated he feels something should be worked out in the area of hot tub requirements for fencing. The possibility of fences around patios was discussed. Chief Gentry stated each fence would need to be looked at on an individual basis. Mr. Keener stated that if that is the intention of the Commission, he would like the Fire Department to study the situation before a recommendation is made by staff. Commissioner Armand suggested a recommendation should come forward at another session before a decision is made by this Commission. He added that he had a very real concern regarding fire safety. Another concern was that he felt 1008 rather than 758 of the homeowners should agree to this possible change. Commissioner Latimer stated that it was her opinion that the restriction was a good one in 1982, and should remain. Commissioner Garcia stated this was a safety issue, and the fact that access is already a problem leads him to believe that situation should not be made worse. Mr. Leverett stated that this process has taken two years to this point. Any compromise would be difficult to present to all members of the association. Mr. Keener stated that the Commission can change the deed restrictions only as far as the City enforcement is involved, the private enforcement is a separate issue. Chief Gentry stated that there might be some cases (with regard to fencing patios, etc.) where some will be able to do so and some may not be able to do so. In searching for an alternative recommendation, staff suggested a meeting with the Homeowners Association and the Fire Department to discuss the issue. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Karlsruher the Commission voted 5 FOR and 1 OPPOSED to table the request. The motion carried. PLANNING & ZONING COMMISSION AUGUST 13, 1987 PAGE SIX Final Plat Allen Heights R.O.W. (Agenda Item IV) Chairman Browning read the agenda item into the record as follows: "Final Plat - Consider final plat approval for the right-of-way on Allen Heights Drive at Mustang Branch Bridge, located in the Simon Burns Survey, Abstract No. 92, and the John Davis Survey, Abstract No. 255, Collin County, Texas. Approval is requested by Don A. Tipton, Inc., for 2170 South Development Company, City of Allen, and Collin County." Mr. Keener presented this right-of-way plat to the Commission. He stated the reason for the plat is to obtain right-of-way that is necessary for the construction of the bridge by the County on Allen Heights Drive. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Latimer, the Commission voted 6 FOR and 0 OPPOSED to approve the R.O.W. plat for Allen Heights r Drive. ® Other Business: Mr. Keener advised the Commission that there has been a question regarding the Arcade Ordinance. It is a separate Ordinance from the Comprehensive Zoning Ordinance and there is a confusion between the listed use of Commercial Amusement in the Zoning Ordinance and an "arcade." He suggested that the arcade ordinance be included in the Zoning Ordinance to eliminate any confusion on this issue. This would include rewording the definition for "Commercial Amusement," excluding arcades; add a definition for "arcade"; add "arcade" to the Schedule of Uses under Recreation and Entertainment and Commercial Uses, and show arcade as allowed in "SC" with a Specific Use Permit and allowed by right in a Planned Development. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Lee, the Commission voted 6 FOR and 0 OPPOSED to recommend the inclusion of "arcade" in the Comprehensive Zoning Ordinance as suggested by staff. The motion carried. Mr. Keener advised the Commission that an inquiry had been received from an organization that teaches gymnastics. They had been turned down by the Department of Community Development Lfor a building permit because the use had been considered a "health studio." Clarification is requested from the Planning L PLANNING & ZONING COMMISSION AUGUST 13, 1987 PAGE SEVEN Other Business (Cont.): and Zoning Commission on this issue. This is a gymnastics school wanting to locate in an industrial district in Allen. The consensus of the Commission was that the proponent should solicit the Commission for determination of a new and unlisted use. Adjourn: MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Armand, the Commission voted 6 FOR and 0 OPPOSED to adjourn the August 13, 1987, meeting of the Planning and Zoning Commission at 9:15 p.m. The motion carried. These minutes approved this ,2-7 61 day of �AIL 1987. n !01; row ng, Chairman Eileen