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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1991 - 10/10 - Regulari ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING OCTOBER 10, 1991 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher Jeffery Kelley Judith Seale Noel Crume Commission Members Absent: City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Com- mission was called to order at 7:30 p.m. by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes September 12, 1991 (Agenda Item II) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of September 12, 1991, Regular meeting." MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Fulk, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of September 12, 1991. Approve Minutes September 26, 1991 (Agenda Item I1I) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of September 26, 1991, Regular meeting." ®j MOTION: Upon a motion by Commissioner Folk and a second by Commissioner Crume, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of September 26, 1991. ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 2 Public Hearing Church of Christ (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Public Bearing - Consider a request by Church of Christ representing Mr. Robin R. Poland to rezone .88± acres of land from Agriculture -Open Space to Community Facilities on property located in Abstract 324, Tract 4, City of Allen, Collin County, Texas; further described as being located on East Exchange Parkway west of Allen Heights Drive." Mr. Tom Keener presented the request to the Commission. He explained that Community Facilities (CF) zoning does not require site plan approval by the Commission and the Council; therefore, the request before the Commission is for zoning only. The property is an approximate one -acre site immediately west of Area 5 in Planned Development No. 1. He described the surrounding zoning as being commercial to the east, residential to the south and agriculture -open space to the west, residential to the north. He added that CF zoning allows for a number of uses beside a church --government offices, municipal facilities, etc, and that CF zoning is compatible to the residential and commercial zoning which surrounds this property. Mr. Bruce Caskey, representing the church, spoke before the Commission. He stated that this will be a new congregation in Allen, a mission of the Robin Road Church of Christ in Garland. Chairman Garcia opened the public hearing. Mr. James Tellier, 1004 E. Exchange Parkway, Allen, Texas, spoke in opposition to the request. He feels the size of the lot is not adequate for this facility. Mr. Hans Ruthschild, 311 Bonham, spoke in favor of the request. He stated, that he is a member of the congregation. Chairman Garcia closed the public hearing. Chairman Garcia discussed the fact that this request is for zoning only, and that staff will be addressing the issues of parking, ingress, egress, fire lanes, etc. Mr. Keener stated that the traffic that will be generated by this development does not warrant a traffic study. Mr. Caskey stated that the church currently has the property under contract contingent on the approval of the zoning. Mr. Petty stated that approval of the CF zoning on this property will allow any use that is allowed under the CF zoning district to build on this property. The request should be considered in the light of the entire CF district rather than as a request by the Church of Christ. C ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 3 Public Hearing Church of Christ (Cont.) (Agenda Item IV) Commissioner Fulk stated that he feels that the CF zoning is a compatible use with the adjacent zoning. Chairman Garcia stated that he feels that CF is compatible with the surrounding uses. He stated that if the CF zoning is approved staff will be charged with the issues of parking, fire lanes, etc, at the time of development. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Kelley, the Commission voted 7 FOR and 0 OPPOSED to approve the request for CF zoning on the property. FINDINGS The uses in the CF district are compatible with the adjoining property. The CF district represents the highest and best use of this property. Public Hearing Wilbow Peck Corp. (K. Parks) (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Wilbow Peck Corporation, repre- senting Katherine Parks and Lynn Parks to rezone 19.25± acres from Planned Development No. 46 to Garden Home. The property is described as Block A, Lot 3, Deer Crest Addition to the City of Allen, Collin County, Texas; further described as being located north of Oak Hill Addition between S. H. 5 and Jupiter Road." Mr. Keith Jackson, Cook -Jackson, Inc., represented the proponent in this case. Mr. Petty presented the request to the Commission. He stated that the Oak Hill Subdivision is located immediately south of the proposed property, except for two small strips of land, one owned by TU Electric and one owned by William Camp- bell. The property is located in PD No. 46, originally owned by two individuals. The PD No. 46 zoning was approved allowing Garden Office on the southwest corner of the tract and Community Facilities on the southeast corner. Garden Office was approved in the northwest section and multi -family in the northeast section. At the time of zoning, the Commission and the Council had required a roadway through this property linking Jupiter to Prestige Circle at S.H. 5. The southern portion of this property has reverted to the original owner, Mrs. Katherine Parks, and she has an offer of sale. The proponent in this case is requesting rezoning only on the southern portion of the traffic. It does not address any of the northern portion. The request removes the roadway that was L C ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 4 Public Hearing Wilbow Peck Corp. (K. Parks) (Cont.) (Agenda Item V) put in place by the PD zoning, the MF zoning is greatly reduced (from 150 units to 100 or less units), and a thin strip of undevelopable garden office remains. The request before the Commission is for Garden Home zoning on 18.25 acres. Mr. Petty stated that staff does not have a recommendation on this request. Mr. Keith Jackson stated that his company is in the process of attempting to develop the property to the east into a single family residential neighborhood. He feels this request would be compatible with the property to the east. With regard to the currently required road in the PD zoning, he feels that the roadway was agreed to by the original proponents for internal access only. This road does not appear on the City's thoroughfare plan. He stated that this proposal will reduce the MF to approximately 6 acres, which will allow about 100 units. He does not see this as a problem, and considers a 100 -unit complex a viable project. As to the small strip of GO, he does not see that situation as any different from the original zoning which had left a small strip of CF. It was indicated that the east/west strip of GO which would be remaining is approximate- ly 50 feet in width. Chairman Garcia opened the public hearing. Mrs. Julie Hill, 537 White Oak, stated that White Oak is a heavily traveled road at this time, as well as the alley adjacent to this property. She discussed the 30 foot strip of land adjacent to Oak Hill, and requested that this 30 foot strip of proper- ty be incorporated into the development. She requested 1400 square foot, one- story homes directly behind the Oak Hill Subdivision. Mr. Wayne Armand, 600 Spring Willow, stated that he had served on the Planning & Zoning Commission at this time PD NO. 46 was approved. He discussed the fact that the Commission at that time required this roadway for both internal traffic flow and external access from Jupiter to S.H. 5. He requested that the original zoning remain in tact. Mr. Mike Hill, 537 White Oak, stated he agreed with his wife's comments. He added that he had worked with the owners on the zoning that is currently on the property. He requested the Commission to give consideration to the 30 -foot strip of property between the requested zoning and the Oak Hill Addition. Mr. Allen Quick, 1232 Edgewood, stated he was representing the Methodist Church, and that the church is very concerned about the need for a roadway going from S. H. 5 to Jupiter. He stated the church is opposed to the request. Mrs. Hill added that she is in favor of the garden home zoning, but is requesting that the roadway be kept in the plan. Chairman Garcia closed the public hearing ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 5 Public Hearing Wilbow Peck Corp. (K. Parks) (Cont.) (Agenda Item V) Mr. Jackson discussed the strip of land between the proposed tract and the Oak Hill Addition. He stated the contract is based on a recorded plat that indicates the northeast corner of Oak Hill and the southeast corner of Deer Crest Addition are at matching points, as well as the southwest corner of Deer Crest Addition and the northwest corner of Oak Hill. It appears at this time that the plat is in error. He stated that the proponent is in the process of approaching Mr. Camp- bell in order to attempt to purchase his property. He stated the property owned by Texas Utilities Electric (TP&L) appears to be an easement; however, Texas Utilities Electric personnel have stated that the company owns the property by fee simple title. He discussed the possibility of turning one end of the existing adjacent alley into the new subdivision in order to eliminate the current problem of traffic using this alley for access from S.H. 5 to Jupiter. Mr. Jackson stated that it might be possible to design a road through this property, but it probably would not line up to Prestige Circle. Commissioner Biggs stated that he was concerned with the small garden office tract that would be remaining if this proposal is approved. Mr. Jackson feels that probably the existing church will expand to use this property, or possibly the needed roadway could go across that property. Commissioner Fulk questioned the narrow strip on the south border of the proposed tract. It is not a part of this request. Since the proponent does not own this property, he cannot request zoning on it. Mr. Jackson stated again that his request is for Lot 3, Block A, which he feels encompasses the narrow strip in question. Staff stated that the proponent does not have the right to request zoning on another person's property. Mr. Jackson stated he does not see a problem with construction of a roadway; however, it would be necessary to front home to this road. Commissioner Fulk stated that he feels the road is a necessary part of this property, and he would want the issue of the narrow strip between the subdivi- sions to be resolved, and he is concerned about the developability of the garden office remaining to the north. The Commission discussed the question of whether garden office would be the highest and best use of the property, and it was the general consensus that it would be an appropriate use for the property if the other issues were of concern were addressed. ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 6 Public Hearing Wilbow Peck Corp. (K. Parks) (Cont.) (Agenda Item V) Mr. Petty stated that garden home zoning allows for 5,000 square foot lots with 1,000 square foot homes. He stated that the remaining garden office property would be undevelopabie from a planning standpoint. It is possible that it could be incorporated into the proposed development. He stated it is important from a traffic standpoint for the roadway to tie to the existing Prestige Circle. Chairman Garcia stated that he considers the current requirement for a roadway to tie from S.H. 5 to Jupiter is still a vital need for the property, that the request is not necessarily in the best interest of the property owners to the north and south, and that he does not agree that this request represents the highest and best use of the property. Mr. Jackson requested that the Commission table the request and asked for input as to what the Commission would like to see for revisions. He stated that he feels that the proponent can clarify the narrow strip to the south of the proposed tract. Commissioners Seale and Kelley stated that they were comfortable with the garden home zoning, but were concerned with the undevelopable garden office that would remain. Mr. Jackson requested clarification as to whether the Commission was concerned with the east/west strip of garden office or the north/south strip of garden office, and he was advised that the major concern was the east/west strip. Mr. Petty suggested that the size of the homes in the proposed garden home section could be defined through use and area regulations, since this is an amendment to the existing PD. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to table the request for zoning by Wilbow Peck Corporation on the Katherine Parks tract of land. L ALLEN PLANNING & ZONING COffiNISSION OCTOBER 10, 1991 PAGE 7 Public Hearing Wilbow Peck Corp. (Yang) (Agenda Item VI) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Wilbow Peck Corporation, repre- senting Lily Yang, to amend Flood Plain -Planned Development Garden Homes No. 49 (FP -PD -GH No. 49) on a 37.006± acre tract of land by chang- ing the use regulations, requesting certain variances, and site plan approval. The property is located in the William Perrin Survey, Abstract No. 708 and the G. W. Ford Survey, Abstract No. 328, in the City of Allen, Collin County, Texas, and being all of the tract described in Volume 530, Page 243, Volume 626, Page 523 and Volume 3000, Page 275 in the Deed Records of Collin County; further described as being located east of Jupiter Road and north of Cottonwood Bend North Addition." Mr. Petty presented the request to the Commission. He stated that this property is the same as the recently approved PD -GH zoning to the east of the Deer Crest Addition. He stated that a preliminary plat can serve as a site plan in residential development. He discussed the secondary tributary that traverses the property, 1 and the fact that this tributary is heavily landscaped with trees. The proponent has worked with staff in order to save these trees. He stated that the plan will require a variance to the Subdivision Regulations for the lots in this area to be developed without alleys, but with front drives and side or rear garages. Mr. Petty stated that staff recommends approval of this variance. Mr. Petty further stated that the plan indicates houses backing to Jupiter and the Cottonwood Creek, which is a part of the linear park system. Staff does not recommend approval of these two items. Cottonwood Bend North Phase 2, the property directly south of the proposed tract, allows for a frontage road along the length of Cottonwood Creek. Staff recommends the same type of system, with an effort to save trees. Mr. Keith Jackson, Cook -Jackson, Inc., representing Wilbow Peck for Lily Yang, stated that the City's Parks Department has indicated that they might be willing to accept a lesser amount of property for the park system, and allow the propo- nent to reclaim a portion of the flood plain. The request for lots to back to Jupiter results from the odd shape of the tract, the need to set up a street pattern with lots backing the tributary, and serving the lots to the property to the south. He suggested the proponent would be willing to construct a screening situation along the alley adjacent to Jupiter. Commissioner Falk questioned the 100 -year flood plain, and the possibilities for reclamation. Mr. Jackson indicated that Mr. Whitehead, the City's engineer, has reviewed some preliminary flood plain studies and agreed that the reclamation could probably be accomplished from a technical, if not aesthetic, standpoint. ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 8 Public Hearing Wilbow Peck Corp. (Yang) (Cont.) (Agenda Item VI) Mr. Petty stated that the position the City has taken is that the creeks should be available for all the citizens to enjoy rather than only the adjacent property owners. He added that homes that back to the creeks are very difficult to administer. Mr. Petty suggested that the city will have to maintain the suggested screening wall, and consideration should be given to the upkeep and maintenance of this area. Cbairman Garcia opened the public hearing. With no one wishing to speak for or agaiast the request, Chairman Garcia closed the public hearing. Commissioner Crume stated that he does not like the situation with homes backing to Jupiter. Commissioner Kelley stated he feels that this plan was desirable in that it preserves the trees in the tributary area. Commissioner Seale questioned whether the proponent would be willing to construct the screening with materials similar to those used on the screening wall further south on Jupiter in Cottonwood Bend. Mr. Jackson stated they would be willing to construct a masonry screening wall. Staff suggested that the Commission might want to consider the issue of accep- tance of the maintenance of this wall by the City. The Commission further discussed the issues of the homes backing to Jupiter, a proposed screening wall along that area, the homes backing to Cottonwood Creek, and the design of the alley cuts along the southernmost street in the develop- ment. It was discussed that the alley cut between lots 7 and 8 should be relocated and an additional cut be placed further east along this street. Mr. Jackson amended his request to include a masonry screening wall to the rear of the lots that would back to Jupiter, change the alley cut design on the south- ern street, and drop the lots that are shown along Cottonwood Creek. Further discussion was held regarding the issue of the homes that would back to Jupiter, and Mr. Jackson questioned whether the Commission desired the propo- nent to develop a new plan showing no homes backing to Jupiter, or should they work with staff regarding the screening wall in that area. Mr. Jackson again stated the following amendments to his request: 1. Lots 26-32 will be deleted. 2. The alley cut along the southern road will be relocated, and an additional one will be provided further east. 3. Proponent will work with City staff regarding an acceptable screening wall along Jupiter. ALLEN PLANNING & ZONING COMMISSION OCTOBER 10, 1991 PAGE 9 Public Hearing Wilbow Peck Corp. (Yang) (Cont.) (Agenda Item VI) Chairman Garcia stated he would prefer to see the amendments be made to the plan, the Parks Department consulted regarding the screening wall, and the request be brought back to the Commission. Mr. Jackson requested that the Commission table the request. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to table the request by Wilbow Peck for the Lily Yang property. Other Business: Mr. Keener stated that the two tabled items will appear on the next agenda along with the possibility of a plat. The Commission discussed whether the next CIP meeting could be held after the P & Z meeting and it was decided that this would not be done. Adjourn: MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to adjourn the October 10, 1991, meeting of the Allen Planning & Zoning Com- mission at 10:50 p.m. These minutes approved this &day of 1991. t J n 'Uardfif, Chairman