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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1992 - 09/24 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 24, 1992 ATTENDANCE: Commission Members Present: John Garcia, Chairman (arrived 8:30) Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher (arrived 10:15) Jeffery Kelley (arrived 7:40) Steve Allen Noel Crume Commission Members Absent: City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary l Rhoda Savage, Director of Parks and Recreation 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 Acting Chairman Biggs at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes September 10, 1992 (Agenda Item 1I) Acting Chairman Biggs read the agenda item into the record as follows: "Approve minutes of September 10, 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 September 10, 1992, as presented. Planning & Zoning Commission September 24, 1992 Page 2 Review of Subdivision Ordinance (Agenda Item III) Acting Chairman Biggs read the agenda item into the record as follows: "Review of Subdivision Ordinance." Mr. Keener requested that this item be tabled in view of the length of the agenda. MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Crume, the Commission voted 4 FOR and 0 OPPOSED to table the review of the Subdivision Ordinance. Tabled Item Senior Citizen Day Care (Agenda Item IV) Acting Chairman Biggs read the agenda item into the record as follows: "Tabled Item - Consider recommendation of subcommittee regarding request for New and Unlisted Use of "Senior Citizen Day Care." MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Crume, the Commission voted 5 FOR and 0 OPPOSED to remove d Agenda Item IV from the table. Acting Chairman Biggs, as chairman of the subcommittee charged with the review of this issue, presented the recommendation of the subcommittee. The recommen- dation includes the following items: The Commission should recommend to the City Council that a resolution be adopted finding that Day Care for Disabled and/or Elderly is a new and unlisted use and would be appropriate in the LR, SC, LC, GB, PD districts by right, in the MF 1, 2, and 3, MH, GO, O, CC, LI, GI, and CBD districts by Specific Use Permit. The following definition is recommended: "A facility arranged and conducted for the organized care of the disabled and/or elderly on a daytime basis with no overnight care." (Proposed Resolution attached). The Commission should recommend to the Zoning Ordinance Review Commit- tee that the Home Occupation section of Zoning Ordinance 829-11-87 be revised to include the following text: "Examples of illegal uses: illegal home occupation includes, but is not limited to, barber shop, beauty shop...... rest home or clinic, except as defined in Section 2.10 Definitions for Senior Day Care Home...." 3. The following definition be included in Section 2.10 for Senior Day Care Home: Senior Day Care Home: A senior day care home shall include any residen- tial structure where care is given to three (3) or fewer adults, excluding Planning & Zoning Commission September 24, 1992 Page 3 Tabled Item Senior Citizen Day Care (Cont.) (Agenda Item IV) family members, and supervision of clients is maintained. All clients shall be ambulatory, not bedridden, and shall not be harmful to themselves or others. There shall be no overnight care, no medical facilities provided, and shall conform to the provisions of Section 3.09 (Home Occupations) of this Zoning Ordinance, and any other City, State, or Federal statute regulating such establishments. MOTION: Upon a motion by Commissioner Allen and a second by Commissioner Crume, the Commission voted 5 FOR and 0 OPPOSED to accept the recommendation of the subcommittee as stated above. Public Hearing Citizens Against Crime (Agenda Item V) Acting Chairman Biggs read the agenda item into the record as follows: "Public Hearing - Consider request by Citizens Against Crime for a Specific Use Permit for a church facility in Suites 160 and 170 at 1024 S. Greenville Ave., Allen, Texas, described as the Texet Addition." Mr. Keener presented the request to the Commission. He stated that a church is allowed by Specific Use Permit in Light Industrial zoning districts. Staff recom- mends that should a favorable recommendation be given, a time limit should be placed on the request so that when the proponent vacates the facility, the zoning reverts to Light Industrial. He added that a church previously occupied the single story building at this site. Acting Chairman Biggs discussed the parking facilities. Mr. Jerry Aris, owner the property, stated that most of the meetings would be on Sunday or in the evenings; however, even if there are day -time meetings, there is sufficient parking. Acting Chairman Biggs opened the public hearing. With no one wishing to speak for or against the request, Acting Chairman Biggs closed the public hearing. Commissioner Falk stated that since the use is allowed by Specific Use Permit, and there is past history of this use at this location, he suggested it would be appropriate to allow the request with a 2 -year time limit. Mr. Aris stated that the applicant has proposed a 3 -year lease with a 2 -year option for renewal and he requested that the Specific Use Permit be concurrent with that request. The Commission discussed the possibility of removing the Specific Use Permit with the vacation of the premises. Planning & Zoning Commission L September 24, 1992 Page 4 Public Hearing Citizens Against Crime (Cont.) (Agenda Item V) MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Kelley, the Commission voted 5 FOR and 0 OPPOSED to approve the request for Specific Use Permit with the stipulation that when the property is vacated, the Specific Use Permit will be removed and the property will return to light Industrial zoning. Public Hearing Allen Central Joint Venture (Agenda Item VI) Acting Chairman Biggs read the agenda item into the record as follows: "Public Hearing - Consider a request by Allen Central Joint Venture to revise Planned Development No. 26, including 3 acres of land owned by Collin County, being 303.0474 acres situated in Collin County, Texas, in the James Wilcox Survey, Abstract No. 1017, the David Nix Survey, Abstract No. 668, and the Michael See Survey, Abstract No. 543, being a resurvey of the 119.914 acres of land described in a deed from Mrs. P. G. Henderson, et al to Carl J. Thomsen, dated April 15, 1966, recorded in _ Volume 677, Page 888, the 3 acre tract of land described in a deed to Collin County recorded in Volume 563, Page 308 and the 189.5 acres of land described in a deed from John W. Day, et al to C. J. Thomsen, dated September 10, 1960, recorded in Volume 572, Page 331, of the Collin County Deed Records; further described as being located south of McDermott Drive and west of Watters Branch." Mr. Keener presented the request to the Commission. He stated that the proper- ty is contained within Neighborhood Districts 21 and 22. He discussed the current zoning on the requested area, and the changes between the existing zoning and the proposal regarding the shopping center and multi -family tracts. He stated that the private pond is to be maintained by a homeowners association for the private use of the homeowners in this development. The shopping center tract is being shown at the corner of two major thorough- fares, which is shown as commercial on the Comprehensive Plan. The multi -family district is traversed by a creek. An 8' bike path will be dedicated to the City, and constructed by the developer along the interior collector street. This implements the recommendation of the 1992 Comprehensive Plan to include alterna- tive transportation. Mr. Keener discussed the densities proposed as compared to the Comprehensive Planning tables. He stated that a traffic study has been completed and he presented it to the Commission at this time. The traffic consultant has recom- mended that two intersections include right -turn lanes at the time of develop- ment. These two intersections would be McDermott and Alma, and Bethany and Alma. Proponent does not own the property at Bethany and Alma and therefore cannot dedicate the land for the turn lane at that location. However, a commit - mentis needed to dedicate the necessary right-of-way at McDermott and Alma. Planning & Zoning Commission September 24, 1992 Page 5 Public Hearing Allen Central Joint Venture (Cont.) (Agenda Item VI) Mr. Joel Robuck, Bon Terre Residential, 3816 Bryn Mawr, Dallas, spoke as the applicant in this request. The owner of the property is Allen Central Joint Venture. Mr. Robuck introduced Messrs. Walt Human, Vernon Henry, and Gary Yost. He stated that their goal is to present a premier master -planned communi- ty. They are prepared to dedicate 18 acres along the west side of Watters Branch. An additional 12 acres will be dedicated in the future on the east side of the creek. They will be dedicating 9 acres for the park facility. This area is shown on the City's Comprehensive Plan for a park. The school district has delineated a school to be adjacent to this park site. Acting Chairman Biggs opened the public hearing. The following persons spoke for or against the request. Ms. Amy Monier, 6625 Ridgeview, Dallas, TX 75240, questioned whether bike lanes will be provided on McDermott. She stated that her understanding was that if the right lane is increased to 14 feet, then a bike path can be accommodated. She also requested that the 9 acres shown for the park be removed until her property comes before the Commission for zoning. Kathy Forgey, 826 Clearlake, Allen, questioned what responsibility the developer will have to pay for a school. Mr. Keener stated that the City's policy is that developers are not required to pay for construction of school buildings. Mr. Petty stated that bike trails along McDermott are under consideration at this time; however, a policy for bike trails is not in place at this time. McDermott will be 8 lanes wide to Alma and 6 lanes to Custer. Traffic will be considered when locating bike lanes along the thoroughfares. Mr. Petty further suggested the possibility that the sidewalk on one side of the thoroughfares might be required to be 8 feet wide. With regard to the school site on the Williams property, Mr. Petty stated that the Comprehensive Plan shows this location to be appropriate for a school/park site. Regarding the need for school funding, he stated that the City does not have the authority, under law, to impose the building of schools on developers. Mrs. Forgey further discussed the need for developers to provide schools as they develop their property. She suggested that development be stopped until this problem is resolved. Mr. Petty advised that property owners have the right to develop their property and he explained that the proposal before the Commission reduces the density on this tract of land from the current zoning. He discussed State law regarding moratoriums on building. There is no case law that allows a moratorium because of a lack of schools, only a lack of streets, utilities, etc. Planning 6 Zoning Commission September 24, 1992 Page 6 Public Hearing Allen Central Joint Venture (Cont. ) (Agenda Item VI) Mr. Phillip Williams, 5427 Emerson, Dallas, spoke regarding the school problems. Ms. Marie Rosenbaum, 717 Pulitzer, spoke regarding the school problems CHAIRMAN GARCIA CLOSED THE PUBLIC HEARING. The Commission questioned the treatment of the trees in the multi -family district. Mr. Robuck stated that the stand of trees in the multi -family district will be maintained, and, continuing southwest, they will attempt to maintain as many trees as possible. The alleys to the eastern edge of the property will be offset to save the trees in this area. The flood plain area is subject to be moved with the approval of engineering which will be completed at the time of platting. Mr. Robuck discussed the phasing of development. He stated that phase 1 will include 297 single family lots in the eastern 1/3 of the property. This will include the existing pond area. The next phases will move eastward. He added that the market will dictate the time of development; however, he assumes that 3 phases will be developed in 6 to 8 years. Phase 2 will include 225 single family units, and phase 3 will include the western portion of the property, 170 lots. The shopping center and multi -family tracts would be built as demand occurs. A facilities agreement will be completed to pay proponent's pro rata share of McDermott and Bethany, and Phase 1 will include an W -foot pathway in the greenbelt area and proponent's share of the 2 bridges along Watters Branch. As the area around Alma Drive develops, Alma Drive will be improved. The bike path from Bethany to McDermott in the flood plain area will be constructed in phase 1. Mr. Keener discussed the requirements for open space. This request requires 12 acres of open space; however, the proposal includes 18 acres along the creek, the private pond of 7.4 acres, and the 9 -acre park site. Discussion was held regarding the need to maintain the trees and Mr. Petty suggested that the Commission could address the street layouts at the time of platting. The proponent stated they will commit to dedicate the right-of-way for the additional right -turn lane at McDermott. Commissioner Allen questioned whether the proponent has discussed the plan with the school district, and Mr. Robuck stated that he has discussed this proposal with Superintendent Davenport, Mr. John Rapier, and Clarence Daugherty. Commissioner Crume questioned whether McDermott will be widened with this development. Mr. Keener stated that funds for 2 lanes adjacent to this develop- ment will be escrowed for future construction. The Commission discussed the changes in lot sizes from the existing zoning to the proposed. Planning ✓E tonin commission September 24, 1992 Page 7 Public Hearing Allen Central Joint Venture (Cont.) (Agenda Item VI) Mr. Robuck advised that they have an agreement with the Collin County Commiss- ioner's Court to include their property in this master plan. He added that all ponds and green areas will be maintained by a homeowner's association There has been some discussion with the City Engineer regarding the need to use the ponds for storm water retention. Mr. Keener advised that the remaining property included in P.D. 26 will remain as shown on the current P.D. ordinance. Mr. Robuck stated that the right -turn lane at McDermott will be dedicated at the time of platting the shopping center property. The Community Facilities area will be dedicated at the time of Phase 1 (the first phase) of development. Ms. Rhoda Savage stated that this plan has been reviewed by the Park Board and they are encouraged about the dedication of the greenbelt hike and bike trail, and the neighborhood park. Ms. Monier questioned whether emergency vehicle access would be appropriate until Bethany is constructed. Chairman Garcia made the following comments: 1. Uses are similar to those currently in place regarding residential and shopping center, and multi -family 2. Overall lower density than existing zoning. 3. Open space requirements are satisfied. 4. Park Board has approved the dedication of the greenbelt areas and the neighborhood park. 5. Road alignment is consistent with the Comprehensive Plan. 6. Right-of-ways and turn lanes are addressed. 7. A commitment has been received from the developer to save as many trees as possible. 8. The same variety of home sizes from previous zoning is not kept, and no medium density homes are shown. 11 Planning & Zoning Commission September 24, 1992 Page 9 Public Hearing Allen Central Joint Venture (Cont.) (Agenda Item VI) The proponent has offered the following amendments to their request: 1. A general commitment for tree preservation. 2. Right -turn lane at McDermott will be dedicated. 3. Dedication of the community facilities area will be completed with the first plat. Commissioner Kelley stated that the multi -family and shopping center tracts are in appropriate locations according to the Comprehensive Plan, with little impact on the topography. Commissioner Fulk questioned the location of a fire station and Mr. Keener advised that the fire station in this area will be located north and west of this property. MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Allen, the Commission voted 6 FOR and 0 OPPOSED to approve the i request with the amendment that the developer will commit to dedi- cate right-of-way for a right -turn lane at McDermott and Alma, that the Community Facilities districts will be dedicated with the first plat, phase 1, and that the developer is committed to tree preserva- tion. FINDINGS: 1. Open space is addressed. 2. The plan agrees with the thoroughfare plan. 3. The concerns of the community for schools was considered. 4. Traffic study was completed. 5. Use is compatible with adjacent zoning. 6. Overall less density than existing zoning. 7. Traffic between U.S. 75 and this development is a concern. S. More Community Facilities than previous zoning. 9. Multi -family better situated than in the previous plan and more consistent with the current Comprehensive Plan. Planning & Zoning Commission I September 24, 1992 Page 9 Public Hearing C. B. 4 Ltd. (Agenda Item VII) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by C.B. 4 Limited to rezone 63 111 acres of land from Agriculture -Open Space (ApO) to Flood Plain -Planned Development (FD -PD) for single family residential use, on property situat- ed in the R. C. Whisenant Survey, Abstract No. 1012, in the City of Allen, Collin County, Texas, and being part of a 104 -acre tract as described in Volume 486, Page 361, of the Deed Records of Collin County, Texas, and part of a 25 -acre tract as described in Volume 486, Page 369 of said Deed Records; further described as being located north of Chaparral Road and west of Cottonwood Creek." Mr. Keener presented the request to the Commission. There is a 12-13 acre leave out in the request in the southeast corner of the property. It is located in Neighborhood District 29. Approximately 7.8 acres are in the flood plain; however, this may change at the time of engineering. This property was annexed in June of this year and is currently zoned Agriculture -Open Space. The Comprehensive Plan allows 234 dwelling units, and the proponent is requesting 230. Tract 1 is located at the north end of the property and Tract 2 at the southern end. Tract 1 will include 130 dwelling units, and tract 2 will include 100 dwelling units. Tract 1 density is consistent with the adjacent zoning. Tract 2 is consistent with the garden home standards. A traffic study has been reviewed. Mr. J. T Dunkin, representing the proponent, discussed the request and advised that the proponent is the same company that developed the property to the north and west. The proponent is participating in the construction of the bridge crossing the creek at Chaparral. He requested that the Commission consider the trade of density from the medium density surplus in the neighbor- hood district. He stated that there are 1074 units that have not been utilized in Neighborhood District 29. With the units proposed in this plan (230) there remains 844 units for the district. Mr. Dunkin discussed the need for proper infrastructure in this development. The proposed development is less dense than that allocated for this area, and this should indicate that the infrastructure planned for the area should be adequate. Commissioner Fulk questioned the leaveout at the southeast corner of the proper- ty and the reason for it being left out. Mr. Dunkin stated that this property is under separate ownership. He provided a letter from Louise LaFollette, owner of that land, stating that she understands the land in question is to be used for single family homes. The proponent will be paying his share of the Cottonwood Creek bridge structure and median improvements on Chaparral. He is also proposing to construct a trail along the greenbelt when the property is platted. Planning & Zoning Commission September 24, 1992 Page 10 Public Hearing C. B. 4Ltd. (Cont.) (Agenda Item VII) Chairman Garcia questioned the adjacent zoning to the north and west. Mr. Dunkin discussed the present zoning in adjacent areas. Cottonwood 4 to the west is being developed with 65 x 120' lots with homes approximately 1600 sq. ft. , although the zoning allows 50 x 100'lots with house sizes allowed at 1425 sq. ft. Tract 7B lots are 65 x 120' with 1600 sq. ft. minimum house sizes. Chairman Garcia opened the public hearing. The following persons spoke. Kathy Forgey, 826 Clearlake, stated she had a concern regarding the preserva- tion of the trees. She is also concerned about the resale value of her home, and the need for additional schools. She requested the Allen officials to slow the growth and preserve the trees. She provided a petition with over 200 signatures requesting that this property not be rezoned for develop- ment. She questioned Dhow access roads will be completed to Vaughan; 2)concern regarding lack of control over dumping, littering, and destruc- tion of trees; 3)flood run off in the north section. Roland Green, 826 Charter Oak, expressed concern about losing the trees, and the value of his property. He stated that Vaughan Elementary is almost at capacity (744 attend at this date). He requested that the greenbelt area be extended along the north alley, and that the trees be retained. He re- quested that the section of trees in the center portion of the development be saved. He stated that the homes to the north are all larger than this zoning is requesting, and he stated he is concerned over drainage re- quirements. He stated the property at the northeast corner of Chaparral and S. H. 5 is constantly wet. He stated that when there are heavy rains, sewer runoff is a serious problem. He is concerned that the infrastructure will not be able to handle the drainage. Brian Kirkpatrick, 624 Ridgemont, expressed concern regarding the traffic now on Ridgemont; the overcrowded school system. He suggested that if larger than minimum is intended to be built, than the proponent should not object to larger minimums. Bob Lacy, 1107 Ashby, expressed concerns as follows: 1)the portion of the flood plain that a house could be built; 2)conservation of the trees is important; 3)minimums should be consistent with what is actually planned to be built, he requested minimums of 1800 sq. ft. Mr. Keener stated that no construction is allowed in the 100 -year flood plain defined by fully developed conditions and no reclamation is allowed. Jim Darnell, 824 Clearlake, expressed concerns as follows: 1)he requested larger lot sizes in the southern tract; 2)concern of the wet area in the northeast corner of the proposed development; 3)trash is a problem from the builder. Planning & Zoning Commission September 24, 1992 Page 11 Public Hearing C. B. 4Ltd. (Cont.) (Agenda Item VII) David Bradley, 828 Clearlake, questioned whether this land had been considered for a wetland area by the Corps of Engineers? Arthur Turner, 829 Clearlake, expressed the following concerns: 1)infra- structure problems; sewer manholes have raw sewage spewing from them, and he questioned what provisions have been made for this problem; 2)traffic problems; 3)school overcrowding; 4)fire protection facilities; 5)concern regarding the 100 -year flood plain and whether areas will be raised to remove them from the flood plain. Mr. Keener stated that no reclamation of the flood plain will be allowed. David Crawford, 830 Clearlake, expressed concern over 1)sewer problems; 2)raising the level of the ground around the trees which makes them die; 3)questioned what value this development will bring to the community. Rick Downing, 813 Clearlake, expressed the following concerns: 1)school prob- lems and the tax base; 2)lower home values, he requested minimums of 1800 sq. ft.; 3) environmental impact study. was one completed? 4)Allen should designate this area as a park; 5) traffic problems; 6)whether a multi -family tract would be allowed in this area; 7)fire and police protection; 8)reques- ted that building be held until a plan is developed. Mr. Keener stated that S. H. 5 and Chaparral is currently shown in the Comprehensive Plan as multi -family, and the location proposed is not designated for multi -family. Jim Morrison, 1102 Ashby Drive, expressed the following concerns: 1)he feels this is not an appropriate location for this zoning; 2)he read from the Executive Summary of the Comprehensive Plan; 3)he questioned the time table for construction of the Bethany fire station. Seth Forgey, 826 Clearlake, stated he was 12 years old and he enjoys the woods to the south of his home He is concerned regarding traffic when he rides his bike to school. Rick Erling, 811 Clearlake, requested larger house minimums and a concern over the overcrowding of the schools. Bill Peterson, Cedar Crest Lane, expressed concern regarding the overcrowding of schools, traffic problems, and the fact that the proposed area should either be a park or else the City should not allow development. I Planniinnp & Zoning Commission ■; September 24, 1992 Page 12 Public Hearing C. B. 4 Ltd. (Cont.) (Agenda Item VII) Russ Durell, 804 Clearlake, stated he is happy that Allen annexed this property because at least now the neighbors can have some say at the public hear- ing. He does not understanding why Allen needs so many homes. He stated Allen has the highest tax base around and he is looking for more business development. Steve Binsky, 818 Clearlake, expressed concern regarding traffic. Angela Downing, 813 Clearlake, stated she is concerned that builders will leave half built homes unsold. Chairman Garcia dosed the public hearing. At this time Chairman Garcia read into the record the petition presented by Ms. Forgey as follows: "We, the undersigned, are fully against the rezoning of the 63.111 acres from Agricultural - Open Space to Flood Plain - Planned Development which is situated north of Chaparral and West of Cottonwood Creek in the City of Allen. " The above comments were responded to as follows: 1. Traffic: Mr. Gary Yost, Barton Aschman, discussed the traffic study. He stated 2200 trips per day will be generated by this tract of land. Mr. Petty stated that the developers are escrowing funds for the construc- tion of 3 lanes of Chaparral, as well as the bridge across the creek from the eastern development of Heritage Park. Mr. Issam Karanouh, owner, stated that the parcel of Chaparral west of this property will be constructed prior to the development of the property under discussion. 2. Environmental issues: Mr. Dunkin pointed out the flood plain area and the location of the tree stands. He stated the wetland area in the northeast corner of the property will disappear with this development, and the ditch will be filled. He stated the fence row of trees (Hackberries) are not of a caliper to be saved. The Cedar Elm trees are mostly contained within the flood plain, the Bois D'Arc are west of the flood plain, and the pecans are to the south. He suggested that the trees should be considered at the time of platting. Most of the trees should be incorporated into developed lots. He discussed the problem of smothering trees when dirt is moved. He added that there is no assur- ance that the trees will live during the development process. Planning & Zoning Commission L September 24, 1992 Page 13 Public Hearing C. B. 4 Ltd. (Cont.) (Agenda Item VII) 3. Drainage and Standing Water to the South of Clearlake: Mr. Dunkin stated that the problem should be corrected with this develop- ment Mr. Issam Karanouh, owner, stated at this time that he would complete a tree survey at the time of platting. 4. Sewage: Mr. Dunkin stated that the outfall line in the creek is not large enough to handle the capacities. Ground water is getting into the sewer lines. This problem will need to be corrected before any further development occurs. Staff stated that the City Engineer will have to approve the engineering before a plat is submitted. Commissioner Folk stated that infiltration is a different problem from capacity. 5. House Size: Mr. Dunkin stated that zoning ordinances are written with minimums established. The minimums proposed are consistent with the remainder of P.D. 13. However, what actually happens is that the developer and builder will build to market conditions. He added that it would not be reasonable to set a minimum for this development that is even the average of the adjacent development. The Garden Home Tract 2 is not what is considered a typical Zero Lot Line development, but rather only a smaller lot size. Mr. Karanouh stated that the minimum dwelling unit size to the west is 1425 sq. ft. Lots to the east of the creek are platted at 5000 sq. ft. , and he is requesting larger lots on Tract 1 than either of these, to be consistent with Tract 7B of Cottonwood Bend. Mr. Issam Karanouh, owner of the property, stated that he would amend his request to build homes with a minimum of 2000 sq. ft. on the lots that back up to the existing Clearhace Dr. Commissioner Kelley suggested that the pecan tree stand might make a perfect neighborhood park, and densities be traded to make up for the loss of lots. Commissioner Gallagher asked questions regarding the zoning analysis and Mr. Keener explained that 17 units of credit are given because of the developer's share of the bridge costs. The developer is requesting 54 units less density than allocated by the Comprehensive Plan. Planning & Zoning Commission September 24, 1992 Page 14 Public Hearing C. B. 4 Ltd. (Cont.) Agenda Item VII) Commissioner Biggs suggested that the new fire station is needed as soon as possible. He requested that the developer work with his contractors to contain the trash problems in the area. Commissioner Crume stated that he has some problems with the development at this point. He would like to see the request tabled pending answers from staff and the City Engineer. Commissioner Allen suggested that the Commission does not have the authority to refuse development. His concern is the sewage and he stated that this issue will be addressed by the City Engineer. Chairman Garcia stated that he shares the citizens' concerns regarding the sewage problems. He would like the City Engineer to address this problem. The developer has stated that he will complete a tree survey, and added that it would be his preference to preserve the pecan tree stand. He stated that he recognizes that all of the trees will not be saved. He added that 2000 sq. ft. minimum dwelling unit on the northern boundary of the property sufficiently protects the adjacent property He added that traffic problems should get better and thor- oughfares are completed with future development. Mr. Keener stated that the developer has proposed an alternative plan. They propose an exchange for an additional 30 units (increased to 260) with 55% in low density and 45% in medium density, for dedication of the pecan stand to the City of Allen to be zoned Community Facilities. This would be subject to the approval of the Park Board. If this is not deemed appropriate as a park site, it might be appropriate that this land be incorporated into extra large lots. One way or another, the developer proposes to preserve the pecan tree stand. Mr. Keener stated that the 30 -unit trade-off is still within the limits of the Comprehensive Plan. This would require that some of the lots will be smaller, but not below the minimums. MOTION: A motion was made by Commissioner Crume to table the agenda item. The motion died for lack of a second. The following amendments to the request were suggested: Tree survey should be completed prior to platting. 2. 2000 sq. ft. minimum dwelling units on the north side of the property ■n, backing to the existing alley of Clearlake Drive. E 3. The pecan stand (3-4 acres) should be preserved either as a park site or by other means, and an additional 30 units would be granted to the devel- opment for a total of 260 units. Planning L Zoning Commission j September 24, 1992 Page 15 Public Hearing C. B. 4 Ltd. (Cont.) (Agenda Item VII) MOTION: A motion was made by Commissioner Kelley to approve the request with the above 3 amendments. The motion died for lack of a second. Discussion was held regarding the question of 30 units be traded for 4 acres Mr. Karanouh stated that he would not need the additional 30 units, and he will dedicate the pecan tree grove, if the mix of medium and low density would be allowed through the entire tract. This would move the line for Tract 2 to the north. Mr Petty recommended that the pecan grove language should be stated so that the City have the right of refusal for dedication. If the Parks Department does not want this property, it should still be preserved. In this case, they would need to be on someone's property. He recommended that before the request goes forward to the City Council even to set a date for public hearing, all changes should be made and submitted to City staff, and also recommendation should be forthcoming from the Park Board before it goes to City Council. Ell The proposal was further amended by the developer that 230 units be allowed with 35% at low density and 65% at medium density. MOTION: A motion was made by Commissioner Gallagher to recommend approval of the request from A -O to FP -PD with following amendments: -The row of housing immediately adjacent to Clearlake Dr. will be increased in size to a minimum of 2000 sq. ft. -Tree survey will be provided. -Pecan stand will be dedicated to City, contingent on acceptance by the Park Board; otherwise, it will be reserved through other meth- ods -Submission will be reviewed and approved by city staff and re- viewed by the Commission before it goes forward to City Council to set a date for public hearing. -Density ratios will be permitted as 65% medium density and 35% low density, not to exceed 230 dwelling units. The motion was seconded by Commissioner Kelley. Planning & Zoning Commission September 24, 1992 Page 16 Public Hearing C. B. 4 Ltd. (Cont.) (Agenda Item VII) Discussion: Fulk stated that his preference was that staff should review the amendments instead of bringing it back to the Commission as this would add an unnecessary step to the process. The MOTION was AMENDED to have staff review and approve the submission before it goes to City Council to set the date for public hearing; however, staff will submit it to the Commission for information purposes. MOTION was further AMENDED to include the wording that tree survey should be completed "prior to platting." The two amendments were seconded by Commissioner Kelley. The Commission voted 5 FOR and 2 OPPOSED, with Commissioners Crume and Allen voting against the motion. MAJORITY FINDINGS: 3. Proponent has agreed to an increase in home size adjacent to Clearlake Dr. 4. Approximately 11 acres of CF on a 63 -acre tract is significant. 5. An 8' hike and bike trail will be completed along Cottonwood Creek within the property limits of said site. 6. Chaparral will be completed from Jupiter to this property before develop- ment. 7. Traffic analysis indicates LOS C. 8. Densities are within the CP criteria. 9. No development will occur within the flood plain; it will be dedicated to the City. 10. Concerns with regard to drainage were addressed. 11. To stop development at this property would be arbitrary. A . Use is compatible with adjacent areas. 2. Tree survey is being conducted to preserve the trees in the area. 3. Proponent has agreed to an increase in home size adjacent to Clearlake Dr. 4. Approximately 11 acres of CF on a 63 -acre tract is significant. 5. An 8' hike and bike trail will be completed along Cottonwood Creek within the property limits of said site. 6. Chaparral will be completed from Jupiter to this property before develop- ment. 7. Traffic analysis indicates LOS C. 8. Densities are within the CP criteria. 9. No development will occur within the flood plain; it will be dedicated to the City. 10. Concerns with regard to drainage were addressed. 11. To stop development at this property would be arbitrary. A Planning & Zoning Commission '? September 24, 1992 Page 17 Public Hearing C. B. 4 Ltd. (Cont.) MINORITY FINDINGS: (Agenda Item VII) Incompatibility with adjacent zoning as relates to the 35%/65% split. - Commissioner Crume 2. Lack of input from the Park Board on dedication of the pecan tree stand. - Commissioner Crume Preference that the product be reviewed for final recommendation by the Commission before sending to City Council. - Commissioner Allen OTHER BUSINESS: Mr. Petty reviewed the replat for the First United Methodist Church. He stated that the fire lane shown across the front of the property is not required. The church is requesting that this not be designated a fire lane to eliminate the need for additional construction costs. Staff is requesting that the Commission allow this change without the requirement of returning the plat for approval. The consensus of the Commission was that there is no objection to this process. Mr. Petty advised that the Arvida project on the west side is moving forward. 01140111"WE MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to adjourn the September 24, 1992, meeting of the Allen Planning & Zoning Commis- sion at 1:00 a.m. on September 25, 1992. ti These minutes approved this 8 day of /7 mow-/. oJ 1992 v ir ffGar)sid,Chairman tlh Fulk, Secretary I