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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1987 - 08/27 - RegularCITY OF ALLEN ALLEN PLANNING & ZONING COMMISSION AUGUST 27, 1987 ATTENDANCE: COMMISSIONERS PRESENT: Ken Browning, Chairman Wayne Armand, Vice -Chairman Eileen Karlsruher, Secretary John Garcia Charles Lee Dan Contreras COMMISSIONERS ABSENT: Carolyn Latimer CITY STAFF PRESENT: Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER• The August 27, 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 August 13. 1987 (Agenda Item II) Chairman Browning read the agenda item into the record as fol- lows: "Approve minutes of August 13, 1987, Regular meeting." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of August 13, 1987, as presented. Tabled Item Collin Square Homeowners Asso (Agenda Item III) Chairman Browning read the agenda item into the record as fol- lows: "Tabled Item - 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 amend- ing the Covenants, Conditions, and Restrictions to delete the four (4) foot height restrictions on fences abutting the common greenbelt area in Collin Square Phase 1. This prop- erty is known as Collin Square Phase 1 Addition to the City ALLEN PLANNING & ZONING COMMISSION AUGUST 27, 1987 page 2 Tabled Item Collin Square Homeowners Asso (Cont.) (Agenda Item III) of Allen, Collin County, Texas, as shown on the plat thereof recorded in Cabinet D. Page 66, Map and Plat records, Collin County, Texas." Chairman Browning noted that the proponents for this proposal were not available at this time and the Commission requested that the item be delayed until later in the agenda. Public Hearing Joe Marchman and Associates (Agenda Item IV) Chairman Browning read the agenda item into the record as fol- lows: "Public Hearing - Consider a request to rezone 3.5530 acres of land by Joe Marchman and Associates from "A -O" Agricultu- re -Open Space to "FP -SC" Flood Plain -Shopping Center, located in the Catherine Parsons Survey Abstract No. 711, City of Allen, Collin County, Texas, and being part of that certain 174.057 acre tract as described to H. Molsen, dba H. Molsen & Co. by deed recorded in Volume 580, Page 213, Deed Records of Collin County, Texas, said tract of land is fur- ther described as being all of that certain 3.5530 acre tract (Tract A) as described to Murry Resources, Inc. and Nor -Tex Development Corporation by Deed recorded in Volume 1963, page 837, Deed Records of Collin County, Texas; fur- ther described as being south of F.M. 2170 and west of Angel Drive." Mr. John Pippard, 1600 Preston Road, Plano, Texas, representing Joe Marchman and Associates, presented the request to the Commis- sion. Mr. Jack Hatchell, Barton-Aschman, supplied the Commission with a revised traffic study. Mr. Tom Keener advised the Commission that the Council of Govern- ments has now completed their review of the traffic study, and they have advised that the plan does not adversely impact the level of service C. He added that the plan is in compliance with the Comprehensive Plan for commercial use. He stated that the current owners do not own the prescriptive right-of-way east and south of this property. Staff recommends that the zoning should go to the middle of the right-of-way, and that an additional 20 feet be shown on the north. The request is for flood plain- I I ALLEN PLANNING & ZONING COMMISSION AUGUST 27, 1987 page 3 Public Hearing Joe Marchman and Asso. (Cont.) (Agenda Item IV) shopping center because there is flood plain currently on the property. The City Engineer has indicated that the flood plain could be removed by minor adjustments; however, the flood plain is on the property at this time, and therefore the zoning should be flood plain -shopping center. Chairman Browning opened the public hearing. With no one wishing to speak for or against the proposal, Chairman Browning closed the public hearing. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Garcia, the Commission voted 6 FOR and 0 OPPOSED to recommend approval of the proposal with the following amendments: that the property line to the north shall include additional right-of-way of 20 feet, and the zoning to the east and south shall go to the center of the roadway. The motion carried. Findings: 1. The proposal complies with the Comprehensive Plan. 2. The traffic study indicates LOS C. Tabled Item Collin Square Homeowner's Association (Agenda Item III) MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Lee, Commission voted 6 FOR and 0 OPPOSED to remove Item III from the table. Chairman Browning read a memo from Chief Gentry into the record as follows: "In reference to the Collin Square Addition the Fire Depart- ment will not be opposed to six foot fences along the patio and dog runs. Each fence permit will have to be reviewed by the Fire Department before it can be constructed. The Fire Department will still be requiring some access to the rear of the house." Mr. Keener stated that he had spoken with Mr. Randall Leverett of the Collin Square Homeowner's Association during the past week, and at this time staff is recommending a compromise of six foot fences around patio areas and dog runs, with the Fire Department having final approval of the permit. Mr. Randall Leverett stated that the proponents have now agreed that a six foot fence would not be advantageous to the homeown- ers. Their main concern at this time is the requirement for six foot fences around a spa. A ALLEN PLANNING 6 ZONING COMMISSION AUGUST 27, 1987 page 4 Tabled Item Collin Square Homeownes Asso (Cont.) (Agenda Item III) MOTION: Upon a motion by Commissioner Lee and a second by Com- missioner Garcia, the Commission voted 5 FOR and 1 OPPOSED to recommend that the Collin Square Homeowner's Association be allowed a change in their deed restrictions to include the wording that fences be allowed adjacent to common greenbelts at a height of 6 feet around dog runs and patio areas only; subject to the review and approval of the Fire Department. The motion carried. Commissioner Armand stated he voted against this issue because only 75% of the homeowners had requested this action and he felt it was unfair to the other 25% that were not included. Findings: 1. The main concern is safety and that has been addressed by the Fire Marshal's review process. 2. The hot tubs are required to have 6 foot fences. 3. Since the remainder of the development has six foot fences, this action should help make the fencing more harmonious in the area. Mr. Leverett explained to the Commission that the Covenants require 75% agreement for a change in deed restrictions. New and Unlisted Use Gymnastics Training Center (Agenda Item V) Chairman Browning read the agenda item into the record as fol- lows: "Consideration of a new and unlisted use for Gymnastics Stu- dio." Mr. Keener stated he had denied a permit for this use two or three months ago under the premise that it would be considered a health studio. Commission instructed staff at the last meeting to bring this item back as a new and unlisted use. He discussed the definition necessary for this type use, and that it would not necessarily be the same as the definition for a gymnasium. The use in question needs 16 foot ceilings, trampoline space, and high bars. The Commission discussed the possible zoning districts where this use should be allowed. The similarities and differences between this use and that of dancing studio were compared. ALLEN PLANNING & ZONING COMMISSION AUGUST 27, 1987 page 5 New and Unlisted Use Gymnastics Training Center (Agenda Item V) MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Karlsruher, the Commission voted 6 FOR and 0 OPPOSED to recommend that this use, *Gymnastics Train- ing Center," be allowed by right in the "IT" Industrial Technology, "LI" Light Industrial, "CC" Corridor Commer- cial, "SC" Shopping Center, "GO" Garden Office, "0" Office, and "PD" Planned Development Districts; to be listed in the Commercial and Recreation and Entertain- ment Sections. Other Business: Mr. Keener reviewed the upcoming agenda, and discussed with the Commission the possibilities of replatting a portion of Cotton- wood Bend North for the purpose of accommodating the developer's fencing requirements. Adiourn• 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 8:20 p.m. The motion carried. I These minutes approved this Q day of , 1987. tAIOtw f. 4L,—.:s Wayne L. Armand, Vice -Chairman Eileen Karlsruher, Secretary