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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1988 - 04/05 - Special CalledALLEN PLANNING & ZONING COMMISSION CALLED SPECIAL MEETING APRIL 5, 1988 ATTENDANCE: Commission Members Present Wayne Armand Eileen Karlsruher Carolyn Latimer John Garcia Commission Members Absent Ken Browning Charles Lee Dan Contreras City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary Mark Thornton, Director of Parks and Recreation CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:00 p.m. by Acting Chairman Armand, at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes March 24, 1988 (Agenda Item II) Acting Chairman Armand read the agenda item into the record as follows: "Approve minutes of March 24, 1988, Regular Meeting." MOTION: Upon a motion by Commissioner Latimer and a second by Commissioner Karlsruher, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of March 24, 1988, as presented. 0 L ALLEN PLANNING 1, ZONING COMMISSION APRIL 5, 1988 PAGE 2 Workshop F.M. 2170 Limited Partnership (Agenda Item III) Acting Chairman Armand read the agenda item into the record as follows: "Workshop - Workshop session for The F.M. 2170 Limited Partnership on 21.6 acres of land located 6500± feet west of U.S. 75 and south of F.M. 2170." Mr. Bill Petty reviewed the proposal. He stated that the low density single family use is in compliance with the Comprehensive Plan. He reviewed the variances and proposed differences to the Zoning Ordinance and Subdivision Ordinance that were being requested. They are as follows: 1. Lot area: 30,000 square feet 2. Front Yard: 50 feet 3. Street Width: 24 feet without curb and gutter 4. Cul-de-sac length: 1200 feet 5. Drainage: open 6. Facilities Agreement for water and sewer: pro -rata ordinance 7. Agreement for Construction of F.M. 2170: undecided because it is a State highway 8. Open Space Requirement: None Mr. Petty discussed the off-site utility construction being proposed, and stated that the proponent has suggested a pro -rata agreement to cover this construc- tion. He suggested that participation in the construction of F.M. 2170 needs to be addressed. The City has not established an assessment policy for this section of F.M. 2170 at this time. He added that if the City, County and State par- ticipate in this construction, then the property owner participation would proba- bly be 25%. Mr. Petty stated that the proponent has volunteered to complete a flood plain study. He added that staff recommended that a "FP" Flood Plain prefix be attached to the Planned Development. At the time of platting, after engineering and flood plain study are complete, the Commission will be able to review the City Engineer's assessment of the study. Acting Chairman Armand asked the Commissioners if they had any concerns for the proponent. Commissioner Garcia stated he was concerned with the drainage; Commissioner Lee, although absent at this meeting, had previously stated his concern was with the width of the street. Mr. Tom Keener advised the Commission he had forwarded the following concerns of the Commission to the proponent by telephone: 1) width of the street; 2) subdivision regulations regarding the flood plain; 3) length of the cul-de-sac. Mr. Robert Pope stated that he will be preparing a full analysis of the flood plain. A preliminary study has been completed at this time which indicates no ALLEN PLANNING 1, ZONING COMMISSION APRIL 5, 1988 PAGE 3 Workshop F.M. 2170 Limited Partnership (Cont.) (Agenda Item III) problems with the City of Allen's 100 -year flood plain, that it is contained within the high banks. As to the street width, their plans include maintaining a rural atmosphere and they have proposed a 24 -foot road in a 50 -foot right-of- way. They are requesting a 50 -foot front yard building line, which will encourage off-street parking. As to the length of the cul-de-sac, Mr. Pope stated that the turn -around will be of sufficient size to accommodate emergency vehicles. Commissioner Garcia questioned whether the Fire Marshall had agreed to this 1200 -foot cul-de-sac and Mr. Keener advised that it had been stated at a prior meeting that the Fire Marshall had no problem with the length of the cul-de-sac as long as the turn -around will accommodate emergency vehicles. Acting Chairman Armand stated that the City Council will address the issues of a pro -rata ordinance and the funds for the construction of F.M. 2170. Mr. Mark Thornton stated that this proposal is outside of the linear park plan. The study indicates that tributaries such as the one here should be used for a link to the major trail system. Another area of this nature is in Raintree Estates, where houses back to the tributary. He stated that the City must be careful that residents do not encroach into the flood plain. He added that he would be looking at this proposal more intensely at the time of platting. Mr. Pope stated that the 100 -year flood plain is contained within the banks of the tributary according to the preliminary flood plain study, which was conducted at fully developed conditions. He added that the preliminary study shows this property does not drain as much as 160 acres, and that he will be completing a flood plain study even though the 160 -acre drain area does not apply. Acting Chairman Armand reiterated his concern about the width of the street. Mrs. McDermott expressed the following concerns regarding this property: 1. Her ranch is the high ground in this area. She is concerned about the drainage. 2. She is concerned about separation between the proposed property and her property. 3. She likes the one -acre lots, but is concerned because of the topography and possible need for filling. 4. She presented an aerial photograph of the property. Mrs. McDermott introduced Mr. Jim Harris, attorney, to the Commission and requested that he be allowed to speak. Mr. Harris discussed the question of ALLEN PLANNING & ZONING COMMISSION APRIL 5, 1988 PAGE 4 Workshop F.M. 2170 Limited Partnership (Cont.) (Agenda Item III) what he termed "missing details" in the request. He asked where the lots will be placed, what will be done with the creek, whether the banks will remain where they are when the property is developed, and how will the property be filled to sustain the development? He also asked how this development will impact the people upstream? He suggested that the platting process does not allow the same public hearing process as zoning and that these items should be detailed before the zoning is put in place. He added that separation is needed between this property and the McDermott property. Mr. Pope stated that the layout of the lots is indicated on the site plan. He added that his interest is in the trees. Only 3 or 4 trees will be removed for construction. There will be no filling of the creeks. Most of the variances being requested are larger than the Zoning Ordinance requires. As to separation between this and the McDermott property to the south, if both are developed as residential, he does not know what type of separation would work. He stated he does not desire to build a fence because there are many trees. Mr. Pope stated that he anticipates some of the lots will require a retaining wall, but none will be built in the creek banks. They are preparing deed restrictions that will disallow removal of trees. Mrs. McDermott questioned who would be doing the flood plain study and Mr. Pope advised it would be Mr. Tom Cravens with Lichliter, Jameson & Associates. Mrs. McDermott asked Mr. Pope if Dr. Halff could be allowed to review the flood plain study. She stated that she feels the flood plain study should be done before the zoning is approved. Mr. Petty stated that the review of the flood plain study will be made in accordance with the Subdivision Ordinance and is not a public hearing process. The criteria for the study is in place by ordinance and will be followed by the City's Engineering staff. Mr. Harris requested that the deed restrictions be reviewed prior to zoning. He added that he and Mrs. McDermott are requesting an opportunity to review the flood plain study at the time it is presented to the Commission. He stated his concerns of separation of the developed land from the undeveloped land, and added that this is necessary for Mrs. McDermott's security. Mr. Pope stated they will be willing to develop the street at whatever width the Commission desires. Acting Chairman Armand stated his preference for a 30 -foot pavement. Commis- sioner Karlsruher stated she would accept 27 feet. Commissioner Garcia questioned the number of trees that will be removed for a 30 -foot street. Mr. Pope stated that a few more would need to be removed because of the additional width. He further suggested that the street could be narrower across the creek in order to save the trees in that area, and then widen out after it crosses the creek. There would be no need for parking in that area in any case. I C ALLEN PLANNING & ZONING COMMISSION APRIL 5, 1988 PAGE 5 Workshop F.M. 2170 Limited Partnership (Cont.) (Agenda Item III) Commissioner Latimer questioned Mr. Harris as to the protection they are looking for McDermott's property and he stated he was considering some type of fencing, chain link, wood, or block wall. Mr. Pope stated he is opposed to building a fence which would require removal of many trees on his property. Mr. Petty reminded the Commission that the proposal of "no fences" would only be enforced by deed restrictions, not the City. Mr. Keith Barber suggested that a problem Mrs. McDermott has is in entertaining people and walking around the ranch and having to look at the back of homes with trash cans, etc. At this time, Acting Chairman Armand closed the workshop session. Tabled Item F.M. 2170 Limited Partnership (Agenda Item IV) Acting Chairman Armand referred to the agenda item as printed in the agenda as follows: "Tabled Item - Consider request for zoning on 21.6106 acres of land by The F.M. 2170 Limited Partnership, from "A -O" Agriculture -Open Space to "PD" Planned Development to include 11R-2" Residential. This property is situated in Collin County, Texas, in the Daniel Yeaman Survey, Abstract No. 1041, and being a resurvey of a tract of land which is a part of a called 314.46 acre tract of land described in a deed from Western Farms, Ltd. to Louis Allis, Jr., as recorded in Volume 706, Page 780 of the Collin County Deed Records; further described as being south of F.M. 2170 and approximately 6500± feet west of U.S. 75." MOTION: Upon a motion by Commissioner Latimer and a second by Commis- sioner Karlsruher, the Commission voted 3 FOR and 1 OPPOSED to remove Agenda Item IV from the table. Mr. Harris questioned the Commission as to whether all of the requirements of the flood plain ordinance will be applicable whether or not the property drains 160 acres. Mr. Pope answered "no"; they do not intend to give up their land if it does not fall under the 160 -acre requirement. He stated they will not develop any of the flood plain; but they do not agree to dedicate the entire flood plain if it drains less than 160 acres. Mr. Petty stated that if the property drains 160 acres, it will fall under the flood plain ordinance. Mr. Harris stated his concern is that the City have control over this flood plain. ALLEN PLANNING 1, ZONING COMMISSION $ APRIL 5, 1988 PAGE 6 Tabled Item F.M. 2170 Limited Partnership (Cont.) (ALenda Item IV Mr. Petty advised that if the property drains less than 160 acres, the City's drainage criteria will be required to be met. There was further discussion at this time regarding the fact that the proponent has volunteered to complete a flood plain study prior to platting the property. Mrs. McDermott requested that she be allowed to review the flood plain study when completed. Mr. Pope stated he would ask staff to allow her to view the study when completed. MOTION: Commissioner Latimer made a motion to approve 11PD-R-2" Planned Development -R-2 zoning with the proponent agreeing to a flood plain study that is required by the City's drainage ordinance on the entire property within the 100 -year flood plain, with the following varian- ces: Lot Area: 30,000 square feet Front Yard Setback: 50 feet Street Width: 27 feet without curb and gutter Cul-de-sac length: 1200 feet Drainage: Open Facilities Agreement for water and sewer: at City Council's option Agreement for F.M. 2170: undecided because it is a State highway Open Space Requirement: None The motion was seconded by Commissioner Karlsruher. Commission voted 4 FOR and 0 OPPOSED to approve the motion. Findings: 1. The zoning for the land use requested is proper according to the Com- prehensive Plan. 2. Regarding the width of the street, preservation of trees and the nature of the cul-de-sac, the size of the lots, curb and gutter being removed because of the development being estate lots, were all considered. Other Business: Mr. Keener advised there were no new items for the Commission's next agenda. Adjourn: MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Karlsruher, the Commission voted 4 FOR and 0 OPPOSED to adjourn the April 5, 1988, Called Special Meeting at 9:00 p.m. ALLEN PLANNING & ZONING COItMiISSION APRIL 5, 1988 PAGE 7 These minutes approved this %7 day of 1988. E �l.'wnep 1� Wayne L. Armand, Acting Chairman T Eileen Karlsruher, Secretary E