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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1992 - 11/18 - RegularALLEN PLANNING & ZONING COMMISSION SPECIAL CALLED MEETING NOVEMBER 18, 1992 ATTENDANCE: Commission Members Present: John Garcia, Chairman (arrived 7:00 p. m.) Harold Biggs, Vice -Chairman Kenneth Falk, Secretary Douglas Gallagher Jeffery Kelley Steve Allen (arrived 7:25 p.m.) Noel Crume Commission Members Absent: None City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary Dave Whitehead, Director of Public Works 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 6:30 p.m. by Vice -Chairman Biggs at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes November 11 1992 (Agenda Item II) Vice -Chairman Biggs read the agenda item into the record as follows: "Approve minutes of November 11, 1992, Regular meeting." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Gallagher, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of November 11, 1992, as presented. PLANNING & ZONING COMMISSION NOVEMBER 18, 1992 PAGE 2 Workshop Session Revisions to Subdivision Ordinance (Agenda Item III) Vice -Chairman Biggs read the agenda item into the record as follows: "Workshop Session to consider Revisions to Subdivision Ordinance." Mr. Keener reviewed Section 305 -General Development Plan. No changes were indicated at this time. Mr. Petty discussed certain recommendations for changes to the preposed text of Section 306. A final plat must be approved within 30 days if it conforms to the approved preliminary plat. This indicates that any subjectivity must be included at the time of preliminary plat. Present regulations require a flood plain study to be completed before the property is platted. There is sometimes a need to save certain trees that are outside the flood plain. Staff is suggesting that at the time of the General Development Plan, reviewed by staff, language be inserted that tells the developer that they will need to address issues of concern to staff and the Park Board. The Park Board would be able to make a recommendation to the Commission that a certain stand of trees be saved and a street not be routed through them. In subdivision planning, all requirements must be up front and provided to developers. Ms. Savage stated that the language to be proposed would come from the Linear Greenbelt Study. Certain recommendations that are included in the Greenbelt Study would be included as requirements in the Subdivision Ordinance. Presently, there is a policy stating that any flood plain property will be dedicated to the City. It is proposed that the flood plain be either dedicated as a public use easement or be dedicated by fee simple title to the City of Allen. This would allow a development to make use of the flood plain, but allow the City an easement across it. Chairman Garcia discussed the following issues: 1. Does the City want all of the flood plain? 2. What about property containing environmental hazards? 3. Does the flood plain count as part of park dedication? Mr. Petty stated that if an easement is given, the owner still owns the property. All flood plain should be taken by the City to protect the floodway. If the City takes the property, it would not be legal to require them to clean it up. Ms. Savage stated that the City could possibly require some kind of soil testing before accepting the property as park land. It was questionable whether it would be appropriate to require developers to complete a testing process before they dedicate land to the City. Possibly, if the flood plain is dedicated by fee simple title, this would require an environmental study. PLANNING & ZONING COMMISSION NOVEMBER 18, 1992 PAGE 3 Workshop Session Revisions to Subdivision Ordinance (Cont.) (A¢enda Item III) Ms. Savage offered to investigate possible language that would protect the City in this regard. Commissioner Fulk suggested that the ordinance should be fair and reasonable. If testing is required, the language should be specific as to what that nearly means ... are we requiring a simple soil test or a full impact study. Mr. Petty suggested that these requirements might be included in the maintenance design manuals, and that could be referenced. Ms. Savage stated that only the hike and bike trails would be maintained by the City; possibly mowed twice a month. Mr. Whitehead added that some of the flood plain can be reclaimed. The City Engineer has the authority to approve the recommendation to reclaim the flood plain. Chairman Garcia discussed the issue of dirt being pushed into the flood plain near the Bethany bridge. Mr. Whitehead stated that a sanitary sewer line is being constructed in this area. Ms. Savage stated that the process being proposed prior to preliminary plat will include a requirement for permanent staking of the flood plain. In the proposed process, the flood plain study will be completed and shown on the preliminary plat. There was discussion regarding work being done in the Cottonwood Bend area and the fact that it is being done by the North Texas Municipal Water District. Commissioner Allen discussed the fact the finished floor elevation is not shown on the plats. He suggested that we do not have a maximum, and developers are using fill to raise the lots adjacent to the flood plain. This changes the slope considerably. Mr. Whitehead discussed the fact that it is necessary that utility work be done in the flood plain; however, the flood plain is closely monitored. Utility inspection fees were discussed. The question of protection of the property adjacent to the flood plain was discussed. It is possible to reroute streets to eliminate disruption of the trees, etc. The following process appears to properly protect the flood plain: 1. The flood plain will be marked. 2. Current standards will be enforced. 3. Additional language will be included for special interest areas. 4. Definition of the flood plain will be completed along with the preliminary plat process. PLANNING & ZONING COMMISSION NOVEMBER 18, 1992 PAGE 4 Workshop Session Revisions to Subdivision Ordinance (Cont.) (Agenda Item III) Commissioner Fulk questioned the disposition of the flood plain if a developer desires to build a golf course in it. Mr. Petty stated that this would be addressed at the time of zoning. The planned development ordinance would supersede the subdivision ordinance. Chairman Garcia questioned whether the flood plain should be considered as counting toward the park dedication requirements. Mr. Petty discussed the fact that the park dedication ordinance is new, and if there are problems with it, the Park Board and City Council should review it. Ms. Savage stated that the City staff has the discretion to give credit for flood fringe dedication; itis not mandatory. Staff recommended that the Park Dedication Ordinance be referenced as Section 600 of the Subdivision Ordinance. The consensus reached at the last meeting will be reversed, and the current Park Dedication Ordinance will be accepted. Mr. Whitehead stated that utility inspection fees are paid before construction begins. All other fees will be paid prior to the filing of the final plat. The final plat will not be filed of record until the subdivision is complete, all easements are in place, and all requirements are satisfied. At the time the plat is filed builders would then be allowed to sell lots for home construction. All the fees are billed at the time construction begins. Lots cannot be sold until the final plat is filed of record. This is the reason for not filing the plat until development is completed and accepted. Commissioner Crume asked why dirt is being turned before preliminary plats are presented to the Commission. Mr. Whitehead stated that developers are allowed to move dirt before a plat is approved; however, actual development is not allowed. The Commission advised staff that the preference is that alleys do not exit to collector streets. Mr. Petty advised the Commission that the schedule is getting busier and there will be more development coming before the Commission. Staff intends to be present at more meetings than in the past; including himself and Engineering and Park staff. Staff is expecting a formal submission of the Twin Creeks property on Thursday, November 19, 1992. This will necessitate a public hearing to be scheduled for December 10, 1992. Mr. Keener continued the review of the Subdivision Ordinance as follows: Section 306.B.2.c. - A definition should be included for "tree cover." The question regarding the requirement of a tree survey will be considered later. Mr. Whitehead stated that when the preliminary plat is approved (including engineering) construction can begin. PLANNING & ZONING COMMISSION NOVEMBER 18, 1992 PAGE 5 Workshop Session Revisions to Subdivision Ordinance ( Cont.) (Agenda Item III) Section 306.B.2.f - This paragraph should be revised to remove the statement that "all" calculations relating to the engineering should be completed at the time of preliminary plat. Section 306. C.1 - Change the text "Master Street Plan" to "Master Thoroughfare Plan." Section 306. C.2 - Distribution of copies should be indicated as follows: Preliminary Plat for Review Purposes a. City Departments Community Development Engineering Fire Approved Preliminary Plat: a. City Departments Community Development b. Appropriate Public Utilities TO Electric Denton County Coop Lone Star Gas Cable TV Southwestern Bell c. County Engineer d. Appropriate School District Allen ISD Plano ISD McKinney ISD Lovejoy ISD e. Any other entity that the Office of Community Development considers appropriate. Section 306.D.1 - Check State law regarding the timing of preliminary plat approval. If no State law exists, the consensus was to place a 90 -day limit on approval. Add a 14 -day time limit for developer to make corrections on a conditionally approved prelimi- nary plat and resubmit for signature. If such corrected preliminary plat is not returned within 14 days of receipt of a letter advising of the corrections needed, then the preliminary plat is disapproved. I PLANNING & ZONING COMMISSION NOVEMBER 18, 1992 PAGE 6 Workshop Session Revisions to Subdivision Ordinance (Cont.) (Agenda Item ITI) Section 306.D.1.d - Move this text to Section 1.a and remove the text "or conditional approval." Section 306.D.1.e - Add text at the end of this paragraph, "in which case a General Development Plan will be required as stated in Section 3.04. Section 306.D.1.h - Thisisincorrectly numbered and should be 306.D.1.f - Text should be considered in view of earlier statements regarding construction beginning at the time of preliminary plat approval. Consider text such as "No construction shall begin on the proposed improvements in the proposed subdivi- sion prior to issuance of a Development Permit, as referred to in Section ........ ADJOURN: Motion: Upon a motion by Commissioner Biggs and a second by Commissioner Crume, the Commission voted 7 FOR and 0 OPPOSED to adjourn the November 18, 1992, meeting of the Allen Planning & Zoning Commis- sion at 9:40 p.m. These minutes approved this /C day of , 1992. J n Garcia, Chairman Kenfieth Fulk, Secretary