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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1993 - 03/25 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING MARCH 25, 1993 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher Jeffery Kelley Steve Allen Noel Crume Commission Members Absent: City Staff Present: 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 March 11, 1993 (Agenda Item II) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of March 11, 1993, Regular Meeting." Commissioner Folk provided minor typographical errors to be corrected. MOTION: Upon a motion by Commissioner Folk and a second by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of March 11, 1993, as corrected. I PLANNING & ZONING COMMISSION MARCH 25, 1993 PAGE 2 Request to Appear Mayor Joe Farmer Chairman Garcia read the agenda item into the record as follows: "Request to Appear - by Mayor Joe Farmer." (Agenda Item III) Mayor Farmer addressed the Commission and expressed appreciation for their work regarding zoning requests, the Comprehensive Plan, site planning, and platting. He complimented the Commission on their efforts to solicit input from citizens and City Council and to make decisions based on their best judgment. The Commission expressed appreciation to the Mayor for taking the time to visit with the Commission. Commissioner Biggs expressed a need for education regarding the economic impact of the efforts of the Commission. Mayor Farmer invited the Commissioners to observe or participate in the Spring Planning Session this Friday and Saturday, March 26, and 27. Public Hearing Morningside Chairman Garcia read the agenda item into the record as follows: (Agenda Item IV) "Public Hearing - Consider a request by the RTC as Receiver for Sunbelt Federal Savings, FSB, for Heath & Knight Properties, Inc. to amend the current zoning from 1) Office -Deed Restricted, 2) TownHome-Deed Re- stricted, 3) Multifamily -Deed Restricted, 4) Local Retail; 5) Single family and 6) Single family -Deed Restricted to Single Family R-2, Single Family R- 5, Garden Homes, and 3.8 acres Local Retail. The existing open space, multi -family, townhome, and office districts are being eliminated. The property is described as a 139.148 -acre tract of land situated in Collin County, Texas, out of the Peter Fisher Survey, Abstract No. 324, City of Alien, Collin County, Texas, and being that same tract of land conveyed to Bass Development Company by Margaret Ketron Cox by deed dated June 18, 1984, and recorded in Volume 1918, Page 596 in the Deed Records of Collin County, Texas; further described as being located at the northwest corner of F. M. 2170 and Malone Road." Mr. Hammond Heath, Heath & Knight, presented the request to the Commission. He stated that because of the downzoning and sensitive nature of this request, he would like to provide information about himself and his company. He currently has six subdivisions in the Dallas area. He discussed his experience with zoning in the City of Plano. He discussed the fact that the current zoning on the property was accomplished during the Savings & Loan fiasco years. He is requesting the elimination of the Office and a portion of the Retail, and the conversion of the Multi -family and Townhome to Garden Home. PLANNING & ZONING COMMISSION MARCH 25, 1993 PAGE 3 Mr. Heath stated that he has met with a neighboring homeowner who has ex- pressed concerns regarding the trees along the northern boundary. He stated that, as the developer, he will take every opportunity to maintain these trees. Some of the trees, however, will have to be removed in the areas of streets and driveways. Mr. Heath stated he is requesting deed restrictions to 1200 square feet in the Garden Home tract and 1600 square feet in the R4 and R5 tracts. He stated he would agree to increasing both sides of the northernmost street to 2000 square foot minimum. He further requested that the Commission consider the complete elimination of the Local Retail, including the 3.8 acres on his proposal. Mr. Keener stated that the request does involve elimination of the Multi -family, Office, replacement of the Townhome with Garden Home. The R4 and R5 will have minimum lot sizes of 9,000 and 7,500 square feet, respectively, with house size minimums to be 1600 square feet. A traffic study has been completed by Mr. Reglin. He recommends that exclusive right -turn lanes be placed on all four approaches at the intersection of Allen Heights and F.M. 2170. Mr. John Friebele has reviewed and approved the traffic study. He advises that a LOS C will be maintained. Mr. Keener discussed the surrounding zoning. This property is in Neighborhood District 19. Chairmen Garcia opened the public hearing. Mr. Bob Abbott, 1426 Rivercrest, spoke in favor of the request as proposed with 2000 square foot minimum homes on the most northern street, and the preserva- tion of the trees where possible. He spoke in favor of the remainder of the request. Mr. Jim Pendleton, 1412 Brookside, spoke in favor of the majority of the propos- al. He spoke in favor of the single family and the garden home. He expressed concern regarding the complete elimination of the "Office" zoning. He discussed the need for good planning. He discussed the need to maintain the commercial property on the tax rolls, and requested that the Commission not recommend the elimination of the garden office. With no else wishing to speak for or against the request, Chairman Garcia closed the public hearing. Mr. Heath responded to the comments made during the public hearing, and suggested that office and retail zoning is provided at Allen Heights and at F.M. 2551. Commissioner Gallagher questioned why the proponent left the local retail zoning at the corner of the development. Mr. Heath stated he was advised to do so. He further discussed the question of whether this property should be used as a PLANNING & ZONING COMMISSION MARCH 25, 1993 PAGE 4 buffer to the northern development by requiring the 2000 square foot homes on the northern street. Commissioner Fulk discussed the density factor. Mr. Keener stated that 9.6 units per acre maximum are allowed for garden home zoning through the Compre- hensive Plan. It could develop at a lower density. Commissioner Allen questioned whether the proponent has a time frame for development. Mr. Heath stated he is under a strict time frame with their con- tract. They anticipate beginning development as soon as possible. Commissioner Allen stated he has questions regarding the downzoning of the office and the elimination of the multi -family. Mr. Keener stated that there are approximately 200 units of multi -family zoning to the east of this proposal. Mr. Petty stated that the Comprehensive Plan indicates approximately 4% of the City be developed as Multi -family and 24% as medium density. The multi -family increases density and population. It does come slightly closer to paying for itself than single family. Each neighborhood district is allocated a certain number of acres for multi -family. Multi -family is a part of cumulative zoning; it can be set aside; however, single family can be built in the multi -family districts. Mr. Petty also stated that the current zoning requires a 2 - acre private park to be developed in the multi -family district. Commissioner Creme questioned the number of acres in the school site to the north. Mr. Petty advised it is approximately 23-26 acres. He stated that park land is reserved across the street, 8 acres in Country Meadow, and Reed Park to the west. Staff has reviewed the park land in this area and considers it to be sufficient. Mr. Heath stated that he was aware that he could build single family on the current multi -family land. The Commission confirmed that park dedication fees would be required at the time of platting. Mr. Heath stated that he will change the deed restrictions on the northern street to require 2000 square foot minimum homes. Commissioner Falk suggested that the request will eliminate the multi -family in this area. He does not have a problem with the reduction of the local retail. He does not agree with the total elimination of the Office zoning; however, he feels the existing zoning is excessive. Mr. Petty advised that the existing 2 -acre requirement for multi -family open space was intended to be private open space. In order to develop the existing multi -family as single family, the open space requirement would need to be eliminated through a change in zoning. Chairman Garcia expressed concern regarding the land uses and their compatibil- ity to adjoining property, the economic impact of downzoning, the elimination of PLANNING & ZONING COMMISSION MARCH 25, 1993 PAGE 5 the multi -family, and the fact that zoning should be considered for the highest and best use of the land. He further expressed concern regarding strip zoning. Mr. Petty discussed the fact that Malone is shown as a residential collector street; however, staff is anticipating Malone to develop as a 4 -lane collector. Mr. Heath suggested he would be agreeable to requesting Local Retail to be considered Office and eliminate the Local Retail. Regarding the Garden Home, he is willing to increase the minimum square footage to 1400 square feet if necessary. The consensus of the Commission was that the proposed R4 and R5 as deed restricted are appropriate. Commissioner Gallagher expressed some concern that the additional 2000 square foot requirement on the northern street might not be necessary; however, since the proponent is agreeable to this requirement, he withdrew his concern. The Commission discussed the fact that Office uses were allowable in Local Retail zoning. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to recommend j approval of the request as amended with the Garden Home deed restricted to 1400 square foot minimums, the northern street, both sides, restricted to 2000 square feet, and the remainder of the R4 and R5 deed restricted to 1600 square feet. Protection for the trees should be provided at the time of platting. FINDINGS: 1. Zoning is compatible with adjacent land uses. 2. Amendments were made to the proposal to make sure of compatibility. 3. Strip zoning was eliminated. 4. Multi -family was eliminated; however, the Garden Home was increased significantly. 5. Malone Road will be 4 lanes. 6. The proposal meets the objectives of the Comprehensive Plan. 7. The amount of Garden Home and Local Retail were in excess of that neces- sary for the area. I PLANNING 1, ZONING COMMISSION MARCH 25, 1993 PAGE 6 L I Final Plat Quest Medical Chairman Garcia read the agenda item into the record as follows: (Agenda Item V) "Final Plat - Consider final plat approval for Quest Medical, Inc. on Quest Medical Addition, being a 19.218 -acre tract of land in the Town of Allen, Texas, out of the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas, said tract being that same certain tract of land described in deed to Quest Medical, Inc. as recorded in Volume 2275, Page 194 of the Deed Records of Collin County, Texas; further described as being located at the northwest corner of S. H. 5 and Allentown Parkway." MOTION: Upon a motion by Commissioner Creme and a second by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to table Agenda Item V at this time with the intention to return to it later in the meeting. Final Plat Shadow Lakes Phase A Chairman Garcia read the agenda item into the record as follows; (Agenda Item VI) "Final Plat - Consider Final Plat approval for Shadow Lakes Limited Part- nership on Shadow Lakes Phase A, being two tracts of land, 46.3542 -acres, situated in the Simon Burns Survey, Abstract No. 92 and the John Davis Survey, Abstract No. 255, City of Allen, Collin County, Texas, and being part of a tract of land 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 south of Allen Heights Drive and north of Bethany lakes Park." Mr. Pat Atkins, Tipton Engineering, presented the plat to the Commission. Mr. Jim Douglas, Douglas Properties, was available as the owner and developer of the property. He stated this plat provides for 165 lots. The Commission expressed concern regarding the removal of trees in the area. Mr. Atkins stated that is was necessary to remove certain areas of vegetation within the roadways. The zones that were identified through zoning to be saved do remain. He explained that many of the trees that have been lost were in Allen Heights Drive right-of-way. Mr. Petty advised the Commission that during the zoning process, underbrush in the area of parks and lakes that will occur in the area was required to be cleared. He added that the deed restrictions appear to be appropriate to protect the trees if the property owners enforce them. Commissioner Fulk asked whether the levies/dams have been considered by the City to be safe. Mr. Petty stated that the Public Works Department will be