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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1992 - 04/23 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 23, 1992 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Noel Crume Commission Members Absent: Jeffery Kelley Douglas Gallagher City Staff Present: Bill Petty 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 April 9, 1992 (Agenda Item Il) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of April 9, 1992, Regular Meeting." MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Crume, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of April 9, 1992, as presented. ALLEN PLANNING & ZONING COMMISSION APRIL 23, 1992 PAGE 2 Approve Minutes April 14, 1992 (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of April 14, 1992, City Council and Commission Joint Public Hearing." MOTION: Upon a motion by Commissioner Creme and a second by Commissioner Biggs, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of April 14, 1992, as presented. Public Hearing Shadow Ickes (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Tipton Engineering, Inc. for Douglas Properties to amend Planned Development No. 12 (PD No. 12) to change the Garden Office uses to single family, amend the site plan and street layout, and amend the lot sizes in the single family district. The property is described as being a tract of land situated in the Simon Burns Survey, Abstract No. 92, and John Davis Survey, Abstract No. 255, Collin County, Texas, and being the same property conveyed to the Trustees of E-Systems, Inc., Pool Trust by deeds recorded in Volume 1263, Page 891 and Volume 1263, Page 895 of the Deed Records of Collin County, Texas; further described as being located east of S. Fountain Gate Drive, south of F.M. 2170." Mr. Bill Petty presented the request to the Commission. He discussed the existing zoning on the property. He stated that no change is being requested for Tract 4. He explained that the property has been in the process of foreclosure and is currently owned by the Resolution Trust Corporation. Douglas Properties is in the process of purchasing the properties, and is the proponent in this action. The proponent is requesting to remove the Garden Office zoning on the property, and to incorporate this area into single family dwellings. The existing zoning requires a trail system and athletic stations through the flood plain area. The proposed zoning will include larger lots between Allen Heights and the flood plain area. Mr. Petty stated that the following policy issues should be considered: 1. In most rases, the City desires frontage roads along the creeks. 2. The City traditionally does not back homes to thoroughfares. The proponent is offering to dedicate open space in the flood plain area, which will connect to Bethany Ickes Park by a hike and bike trail from the park to the flood plain area of this tract. They are also offering to dedicate to the city two ALLEN PLANNING & ZONING COMMISSION APRIL 23, 1992 PAGE 3 Public Hearing Shadow Lakes (Cont.) (Agenda Item IV) acres of developable land (the site being chosen by the city) which would house a future community center. The proponent is also offering to landscape with living screen and wrought iron fencing the areas adjacent to the greenbelt. Proponent is including frontage roads to the south facing Bethany Lakes Park. This road will share right-of-way with the city; however, proponent will construct it in its entirety. A small section of the park is included on the plan; this will be in exchange for the 2 -acre community center tract. This trade of acreage will be contingent upon: Approval by the Texas Parks and Wildlife Department. City Council approval. If this trade is not possible, the frontage road will have to be reconfigured to remain on proponent's property. Two bridges (3 -lane) will have to be constructed. The northern bridge will provide access for underground pedestrian and cycle traffic. The developers are required to build two lanes of Allen Heights from Greengate Subdivision to Bethany Drive. They are requesting a variance for the escrow of funds for the future median improvements to offset the cost of the bridges. The overall density proposed is less than the existing zoning. Mr. Pat Atkins, Tipton Engineering, discussed the request. He represents Douglas Properties (Mr. Jim Douglas). He discussed the history of this property and the current zoning. He stated that they are requesting to change the garden office tract to single family with two entrances to Allen Heights Drive. He included the following points: 1. The request includes the dedication of open space. 2. The request provides for a link to Bethany Lakes Park, oriented to pedes- trian use. 3. The request eliminates the garden office use and replaces it with single family, which is a better use of the property at this time. 4. The request reduces the residential density. 5. Traffic projections are reduced from the original zoning because of the larger lots and the removal of the office district. 6. Proponent will be constructing Allen Heights at one time to provide a link from F.M. 2170 to Bethany Drive, along with two 3 -lane bridges. ALLEN PLANNING & ZONING COMMSSION APRIL 23, 1992 PAGE 4 Public Hearing Shadow Lakes (Cont.) (Agenda Item IV) 7. Bethany Lakes Park will be separated from this development by a collector road system. S. The request allows for a variation of housing types. 9. Deed restrictions on fencing requirements will be included. At this time, the proponent presented some slides indicating the type of fencing to be required on the lots facing the open space areas. Mr. Atkins added that the deed restrictions would not allow for wooden fences along the rear of lots adjacent to the open space. Ms. Savage, Director of Parks and Recreation, discussed the proposal. She stated that the Parks Department is in favor of the proposed improvements to the creek area, and the proposed connection from Bethany Lakes Park to the creek area, as well as the dedication of the community center acreage. She stated that the department and the proponent are working with the State to assure them that the value being dedicated to the city exceeds the value of the property being transferred from the park to the proponent. The State has indicated a concern regarding the drainage of the property and has requested a definition of the floodway and flood fringe. Chairman Garcia questioned the green area connecting the park land along Allen Heights to this property. Mr. Dave Whitehead stated that this is a 20 -foot strip of property. Ms. Savage stated that her department is willing to maintain this property. There will be a road crossing from the development to the park property. Mr. Whitehead stated the development will not infringe upon the flood plain. Regarding the drainage, it will require some underground improvements, which are possible, and do not appear to present a problem. He added that with the construction of F.M. 2170 east, the link to Bethany Drive will be very helpful to the city. Ms. Savage stated that the frontage road to the north of the park is her prefer- ence and she is agreeable to this design. She added that the plan allows for the park to access the trail system. The maintenance of the wrought iron fence will be in the hands of private ownership as they are all on private property. Discussion was held regarding the need for enforcement of maintenance of these fences, and the possible need for the deed restrictions to include wording which would include the type of fencing materials allowed, and the maintenance require- ments. Enforcement of the deed restrictions will lie with the neighbors, not the city. Mr. Whitehead suggested that the adoption of the proposed neighborhood ALLEN PLANNING k ZONING CONIUSSION APRIL 23, 1992 PAGE 5 Public Hearing Shadow Ickes (Cont.) (Agenda Item IV) integrity ordinance could help with this problem. Ms. Savage stated that she is comfortable with the screening materials and the plan the proponent has present- ed. Commissioner Crume requested that the deed restrictions include a requirement for the wrought iron fencing not only along the rear of the properties that back the open space, but for some distance back toward the home as well. Mr. Atkins suggested that the fencing on the rear yards could be made a part of the planned development requirement rather than the deed restrictions. Chairman Garcia opened the public hearing. With no one wishing to speak for or against the request, Chairman Garcia closed the public hearing. Chairman Garcia discussed the removal of the garden office zoning and the issue of downzoning the area to single family. The consensus of the Commission was that this was appropriate for this area. Discussion was held regarding the alley running parallel to Allen Heights. Mr. ® Douglas offered to remove the alley in these two areas and include front drives with rear garages. Commission Creme suggested the need for total brick on any wall of a home that faces Allen Heights Drive. The consensus of the Commission was to require this. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 4 FOR and 0 OPPOSED to approve the request with the following amendments: 1. An additional alley cut will be made on Block H opening to the north. 2. The alleys along Allen Heights Drive in Block B and Block A will be re- moved and developed with front drives and rear entry garages. 3. The land swap for the community center is subject to approval of the State and the City Council. 4. The deed restrictions will include wording subject to staff approval regard- ing the maintenance and repair of the screening materials. 5. Any wall facing Allen Heights Drive shall be 100% brick. 6. Allen Heights Drive will be constructed from the north property line south to Bethany Drive (2 lanes). ALLEN PLANNING & ZONING COMMISSION j APRIL 23, 1992 PAGE 6 Public Hearing Shadow Lakes (Cont.) (Agenda Item IV) 7. The City is waiving the requirement for escrow of funds for median im- provements in return for dedication of the property for the community center. 8. Two 3 -lane bridges will be constructed with a provision for a 26% reim- bursement from the city when funds are available. 9. Removal of screening wall along the park property. 10. The entire trail will be eight feet rather than five feet. 11. The section of roadway adjacent to Tract 4 should be addressed at the time of platting of this property. 12. The lakes should be left in a manageable condition. The following findings were read into the record: 1. The land use is compatible. 2. The downzoning of the office to single family is appropriate. 3. The plan increases the linear park area. 4. The road system is being improved. 5. The plan meets all engineering standards. 6. The plan eliminates alleys along Allen Heights and open space areas are recognized (tree preservation is indicated). 7. The layout of the streets prevents cut -through traffic patterns. 8. All screening materials are irrigated (with Parks Department approval). 9. Deed restrictions will be placed on all properties regarding materials and maintenance of the fencing along the open space areas. 10. Fencing will be of high quality materials. 11. The plan includes construction of Allen Heights Drive. 12. 13. The plan includes a link to Bethany Lakes Park. The overall density is less than the original zoning. 14. The pian generates less traffic than previous zoning. ALLEN PLANNING & ZONING CONMISSION APRIL 23, 1992 PAGE 7 Public Hearing Shadow Lakes (Cont.) (Agenda Item IV) 15. The land swap is subject to State and City Council approval. 16. The land swap allows for the location of a community center. 17. Tree preservation is included in the deed restrictions. 18. The drainage is not a problem. 19. There is no infringement of the flood plain. 20. The overall linear park system will benefit. 21. Deed restrictions will include the rear of the lot and a partial distance toward the house to be fenced with the wrought iron material. 22. Tract 4 will be addressed at the time of platting. Final Plat Heritage Park III -1 (Agenda Item VI) Chairman Garcia read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Heritage Park I1I-1 for Tipton Engineering, Inc. representing D. R. Horton, Inc., on a tract of land situated in the R.C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas; further described as being located south of Bethany Drive and west of Allen Heights Road." Mr. Pat Atkins, Don Tipton, Inc., presented the plat of this first phase of Heritage Park III. The adjacent plats will be forthcoming in the near future. The proponent and staff are working on a facilities agreement regarding the construction of the Chaparral bridge. This commitment to the construction of the bridge is part of the subdivision acceptance. Mr. Petty stated that Chaparral is a critical roadway to the city to tie to S. H. 5, and it is vital that the bridge construction is addressed at this time. Engineering on this plat is approved by city staff. The city feels that the cost of the Chapar- ral bridge should be placed on all properties south of Bethany. Mr. Petty suggested that the Commission add to approval of the plat a requirement that prior to acceptance of this subdivision and prior to the filing of the plat, an acceptable facilities agreement addressing the manner and formula for collecting the monies for the construction of the Chaparral bridge bein place. Mr. Atkins stated that Centex (the owner of the remaining property south of Bethany) has agreed to bear the cost of the bridge and Chaparral Road. I A ALLEN PLANNING & ZONING COMMISSION APRIL 23, 199E PAGE 9 Final Plat Heritage Park III -1 (Cont.) (Agenda Item VI) Mr. Petty stated that the plat conforms to the approved preliminary plat. Mr. Petty added that city staff is discussing the need to revise the filing system on plats. Current, plats are filed within 10 days of approval. Utility easements need to be added after city approval of the plat and building permits are some- times requested before final acceptance of the development. It is being suggest- ed that plats be approved as they are now; however, not be filed of record until acceptance of the subdivision by the city. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Crume, the Commission voted 4 FOR and 0 OPPOSED to approve the final plat for Heritage Park III -1 with the stipulation that before final acceptance of the subdivision and filing the plat a facilities agree- ment shall be in place regarding the construction of Chaparral and the bridge. Comprehensive Plan Update (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: Consider Recommendation to Adopt the 1992 Comprehensive Plan Update." Mr. Petty discussed the process of the update to the Plan. The plan is being brought forward with the recommendation of staff and the Development Subcom- mittee for approval. Commissioner Fulls expressed concern regarding upward light pollution. He stated that the Comprehensive Plan address lateral light pollution, but not upward pollution. Mr. Petty suggested that the Plan not address specific details, but remain general in nature, and this item should be addressed through the Subdivision requirements. The consensus of the Commission was that this would be the appropriate platform for addressing this issue. Chairman Garcia stated that it was unfortunate that he had to miss the presenta- tion on the update of the Plan. He commended staff for the work that has been done and added that he was in approval of a recommendation to adopt the Plan. MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Crume, the Commission voted 4 FOR and 0 OPPOSED to recommend adoption of the 1992 Comprehensive Plan Update. Other Business: Mr. Keener advised that there will be a meeting scheduled for May 14, 1992, and will include an agenda item for a public hearing. ALLEN PLANNING & ZONING COMMISSION APRIL 23, 1992 PAGE 9 The following items will be brought forward for consideration in the near future: Completion of the Comprehensive Plan Update (funding for printing is needed). Zoning Ordinance revisions need to be completed. Subdivision Ordinance revisions need to be completed. Commissioner Crume stated he had received a call from Mr. and Mrs. Ritchie, the parties attending the public hearing for Oak Ridge 2. They requested that he determine what would be required to initiate rezoning on the southwest corner of Malone and Exchange. Discussion was held as to whether it would be appropriate for the Commission to initiate zoning of this property at this time. It was the consensus of the Commission that the cost of a feasibility study, as well as liability regarding downzoning of the property, would not make it feasible for the Commission to initiate rezoning at this time. Rather, it would be appropriate for the property owner to initiate it at such time as there is an interest in develop- ment of the area. I A ALLEN PLANNING & ZONING CONMUSSION APRIL 23, 1992 PAGE 10 Adjourn: MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 4 FOR and 0 OPPOSED to adjourn the April 23, 1992, meeting of the Planning & Zoning Commission meeting at 9:35 p.m. These minutes approved this 14th day of May, 1992. 1 ` � JoIr rcia, Chairman Kenneth Fulk, Secretary 11 I