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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1994 - 01/27 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING JANUARY 27, 1994 ATTENDANCE: Commission Members Present: John Garcia, Chairman Douglas Gallagher, Vice -Chairman Kenneth Fulk, Secretary Harold Biggs Steve Allen Noel Crume Commission Members Absent: Jeffery Kelley City Staff Present: ■ { Tom Keener, Development Coordinator it George Conner, Director of Public Works Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 8:30 p.m. by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes January 13. 1994 (Agenda Item 11) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of January 13, 1994, Regular Meeting. MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Crume, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of January 13, 1994, as presented. PLANNING & ZONING COMMISSION JANUARY 27, 1994 PAGE 2 Public Hearing Allen Central Joint Venture (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - consider a request by Stratford Group representing the Allen Central Joint Venture and Drake Development Corporation, IV, to amend the current zoning on Planned Development No. 26 and Planned Development No. 8 to a single Planned Development which will include Commercial/Office, Park, Office, Hospital & Commercial Office, Office/High Density Residential, and Office/Retirement Center Tracts. The property is described as 135± acres located in the Michael See Survey, Abstract No. 543, Tracts 5 and 12-9; further described as being located south of F.M. 2170 and west of U.S. 75." Mr, Dave Denison, Stratford Group, and Mr. Brian Woram, Epic Corporation, were present to discuss the request with the Commission. Mr. Tom Keener presented the request. He provided information regarding the traffic study review by Hunter & Associates which indicated the need for intersection improvements. He added that the proponent has agreed to these improvements. The proponent has further amended the request to indicate a use of office/or multifamily on Tract 1 and office/or retirement center on Tract 2 rather than the original language which indicated and/or He added that should either of the tracts develop as office it will adhere to the office district regulations of the Zoning Ordinance. Mr. Keener reviewed the existing zoning on the property. The proponent has further amended the request to include the use of Heliport by Specific Use Permit in Tract 10. Mr. Keener discussed the landscape buffer identified along F.M. 2170, U.S. 75, Watters Road, and Bethany Drive, and the standards proposed for their construction. He discussed possible problems with the abandonment of the southern portion of Angel Drive. The zoning request includes a statement indicating that the City is not required to abandon this portion of Angel Drive unless the interior east/west road is developed. The proponent has further amended his request to state that the setbacks will be 100' from the flood plain line of Watters Branch. The Commission discussed the request and indicated that a LOS C is being maintained with the agreed upon intersection improvements. The Commission questioned whether hike/bike PLANNING & ZONING COMMISSION JANUARY 27, 1994 PAGE 3 trails are being provided in the linear park tracts and Mr. Keener advised that under the current ordinances, these are not required and therefore are not a part of the request. Mr. Denison advised the Commission that all intersection improvements indicated by Hunter & Associates are agreed to (including the pro -rated cost) by his company; however, Mr Woram, representing Epic Corporation, could not speak for his ownership because he had been unable to contact them at this time. The Commission indicated that any approval of the request will be subject to these improvements. The Commission discussed the realignment proposed for Watters Road and whether this would impact the utilities on the property Chairman Garcia opened the public hearing. With no one wishing to speak for or against the request, Chairman Garcia closed the public hearing. The Commission further discussed the request. Mr. Denison indicated that he had assumed he would be required to construct the hike/bike trail to the creek corridor and would agree to the Commission's recommendations for dedication of the floodplain and construction of the trail system. Mr. Keener advised that the commercial acreage is being increased; however, since the F.A.R. is reduced, the total square footage of commercial is reduced. The Commission indicated that if the multifamily is allowed on this property, it will eliminate any remaining high density residential allocation for this neighborhood district. Thr w n There as concern expressed regarding the double designation of uses on Tracts 1 and 2. P 8 8 B Mr. Denison indicated that the landscape buffers along the thoroughfares will be privately owned and installed and maintained by the property owner. The Commission discussed the requirement for the size of shrubs to be planted and the consensus was to require them to be a minimum of 3 feet at the time of planting. Chairman Garcia suggested that the use of antique shops should include a restriction of "no outdoor display or storage." Chairman Garcia suggested that the text in the proposal stating "accessory buildings and uses incident to any of the above uses" should be changed to read: "Such accessory uses as allowed under the Schedule of Uses section of the Compre- hensive Zoning Ordinance as accessory to the uses allowed under this Planned Devel- opment" Chairman Garcia suggested that the text in the proposal under Tracts 6 and 7 stating "such uses as may be permitted under Section 2.06 of the Zoning Ordinance for Specific Uses PLANNING & ZONING COMMISSION JANUARY 27, 1994 PAGE in the General Business District shall be allowed by Specific Permit" should be changed to read: "Such uses as may be permitted under the provision of Section 2.06, Specific Use Permits." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Gallagher, the Commission voted 6 FOR and 0 OPPOSED to recommend approval of the request by Allen Central Joint Venture with the following amendments: 1. Tract 1 regulations shall include those included in proponent's letter of January 27, 1994. 2. In all tracts, the proposed landscape buffers will require landscape plan approval with automatic irrigation system, 3 -foot minimum screening at the time of planting and to be installed with the issuance of a Certificate of Occupancy with staff discretion for seasonal requirements. 4. Flood plain to be dedicated for linear park, with 8 -foot hike and bike trail to be constructed to City standards. 5 Setbacks shall be measured from the established floodplain line. 6. Heliport will be allowed by SUP in Tract 10. 7. Tracts 4,6,7, and 10; service station by SUP, antique shop by right with no outdoor display or storage. 8. All text regarding similar uses and accessory uses shall be corrected to indicate "similar uses as determined by the City," and "accessory uses as defined in the Comprehensive Zoning Ordinance." All appearances of this language should be changed. 9. Roadway improvements as proposed by Hunter & Associates are agreed to, along with proponent's portion of the construction costs. 10. Tract 2 shall be limited to Retirement Center and Office uses shall be removed. The allowable uses shall be retirement housing, personal care, rest home or nursing home, accessory building or use, swimming pool -private, park or playground -public; day care for disabled or elderly. Church or rectory, recreation area -private, swim or PLANNING & ZONING COMMISSION JANUARY 27, 1994 PAGE 5 tennis club would be allowed by Specific Use Permit. The listed temporary uses should remain. The following findings were read into the record: 1. Uses are compatible to the Comprehensive Plan as it applies to the U.S. 75 corridor. 2. The thoroughfare plan is slightly amended by the realignment of Watters Road to be compatible with the proposed hospital. 3. LOS C is maintained. 4 No building will be allowed in the floodplain, and all floodplain will be dedicated with the construction of a hike/bike trail. 5. Additional landscape buffers and setbacks are provided along thoroughfares. 6. Angel Drive will not be abandoned unless the east/west road is constructed. 7. Overall F.A.R. is reduced. 8. Multifamily in Tract 1 is appropriate because of the reduced density on the west of the creek. The either/or zoning allowed because either use is compatible to surround- ing uses. 9. High density increase is justified because of its location to thoroughfares. 10. The buffering between the residential and commercial/office is adequate. Final Plat Watters Crossing Phase 2 (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Watters Crossing Phase II by Bon Terre -B, Ltd., a Texas Limited Partnership, on a 71.2977 -acre tract of land to the Michael See Survey, Abstract No. 543 and the David Nix Survey, Abstract No. 668, situated in the City of Allen, Collin County, Texas, and being a part of that certain 431.673 acre tract of land conveyed to Allen Central Joint Venture by deed recorded in County Clerk No. 92-0051578 of the Deed Records of Collin County, Texas; PLANNING & ZONING COMMISSION JANUARY 27, 1994 PAGE 6 i further described as being located south of McDermott Drive, east of Alma Drive, and west of the existing Watters Crossing Phase One Addition." Mr. Keener explained that the request is changed from approval of final plat to approval of preliminary plat. The plat is in conformance with the concept plan approved at the time of zoning on this property. This plat continues the 10 -foot easement for a hike/bike trail along Bel Air Drive to Alma Drive. The open space easement is widened to 20 feet from 10 feet in the one block east of Alma to accommodate traffic at the intersection. Mr. Keener advised that the utility lines will be underground, including those along the perimeter of the development. Park dedication on this property was previously satisfied in Phase 1. The Fire Marshal has approved the plat. Commissioner Crume discussed the length of the alley that is parallel to Alma Drive with respect to the proposed requirements of the new Subdivision Ordinance. Mr. Robuck advised that fencing Alma Drive will be comparable to that located on the existing Phase 1 development. There will be an additional 10 feet of buffering provided adjacent to the perimeter streets. This buffering will be installed, irrigated, and maintained by the Homeowner's Association. The street naming conventions will be corrected to change the eastern portion of Sonoma Drive to a different name, Newberry will be changed to Drive, and Covina will be Court. Mr. George Conner suggested that the final plat should include the City as signatory in order to dedicate the roadway along the 9 -acre parkland. Mr. Robuck indicated that the developer will be constructing this roadway at the time of development of Phase 2. Ms. Frances Williams advised the Commission that she had a serious concern regarding the protection of the stand of trees on the southern and eastern border of the tract. Mr. Robuck stated that the plan allows for additional right-of-way of 20-23 feet along the southern and eastern border in order to attempt to save the trees. The pavement will be saved north and west from the property lines. Also, they are maintaining existing grades as much as possible in order to eliminate cutting along the trees. There will be no filling at the trees. Dr. Williams stated that he is concerned because the trees along their joint property line in Watters Crossing Phase 1 have been damaged by the construction of the alley. He added that the trees on the Williams property; however, the roots are on Watters Crossing. PLANNING & ZONING COMMISSION JANUARY 27, 1994 Ell, PAGE 7 Mr. Conner added that the alley under concern was cut down 1 to 2 feet. This problem should be corrected in Phase 2 by attempting to remain at grade. Mr Keener suggested the possibility of waiving the alley requirement in order to save these trees. Mr. Robuck indicated that the theme of the development is for rear entry. Mr. Robuck added that the he committed through zoning to attempt to preserve the trees. He provided a count as to the number of trees preserved along with new trees planted or to be planted, and the number of damaged trees. In Phase 1, 341 trees were preserved, 357 new trees were planted, and 72 trees were damaged. Dr. Williams requested assurance that the trees on their property line will not be destroyed. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 6 FOR and 0 OPPOSED to approve the prelimi- nary plat for Watters Crossing Phase 2 with the following amendments: 1. The road around the park is to be dedicated with the final plat with the City as signatory 2. The screening material will be installed by the developer with automatic irrigation, and maintained by the homeowner's association on Sonoma Drive. 3. A facilities agreement is to be completed before the final plat is filed. 4. The street names will be corrected as indicated above. 5. A commitment is made to attempt to preserve the trees on the adjoining property line. Final Plat Watters Crossing Phase 2 (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Watters Crossing Phase II by Bon Terre -B, Ltd., a Texas Limited Partnership, on a 71.2977 -acre tract of land in the Michael See Survey, Abstract No. 543 and the David Nix Survey, Abstract No. 668, situated in the City of Allen, Collin County, Texas, and being a part of that certain 431.673 acre tract of land conveyed to Allen Central Joint Venture by deed recorded in County Clerk No. 92-0051578 of the Deed Records of Collin County, Texas; further described as being located south of McDermott Drive, east of Alma Drive, and west of the existing Watters Crossing Phase One Addition." I Ll PLANNING & ZONING COMMISSION JANUARY 27, 1994 PAGE S Mr. Keener advised that the final plat is in conformance with the approved preliminary plat MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Gallagher, the Commission voted 6 FOR and 0 OPPOSED to approve the final plat for Watters Crossing Phase 2. Other Business: Mr. Keener advised the Commission of the joint meeting with the City Council to review the Subdivision Ordinance at 7:00 p.m. Monday, January 31, 1994. Mr. Keener discussed the scheduling of the upcoming annexation of the west side properties, and the proposed sexually oriented business resolution and ordinances. Adjourn: MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 6 FOR and 0 OPPOSED to adjourn the January 27, 1994, meeting of the Allen Planning & Zoning Commission at 11.30 p.m. These minutes approved this 9th day of February, 7 n cta, Chairman 1994. I Sooreta Y vq4"tQ( -;;975 DAVID R. N 326 CATLIN IN CR.CR. LEWISVILLE, TEXAS 75067 January 21, 1994 Mr, Tom Keener Planner City Of Allen Allen, TX Re: Z-1-6-94-1 Dear Mr. Keener: In order to clarify the three issues which you brought to my attention, Please consider this letter as an addendum to our zoning request. Issue # i The City of Allen is not committing to the abandonment of a purtion of Angel Drive. That issue will be considered at the time the proposed east -west road " is constructed or alternative access to Angel Drive is approved by the city, LES• Issue # 2 The 100 feet setback from the centerline of Watters Branch referred to in Tract 1, paragraph 5 and Tract 2, Paragraph 5 will apply only where the 100 year flood plain extends less than 100 feet from the Centerline of Watters Branch. Issue # 3 The 25 feet and 15 feet Landscape buffers along U.S. highway 75, F.M 2170, Watters Road and Bethany Road will consist of combinations of sod grasses, ground covers, trees, shrubs, decorative walls, earthen berms and other commonly used and accepted landscape treatments. Specific plans for these landscape buffers must be submitted with the site plans for development of the various tracts Native trees of minLuum 2 inch caliper will be spaced informally at all street frontages. The number of trees required will be equal to one for each 50 feet of frontage. Three feet high walls, berms or decora- tive fences and shrubs will be used to screen parking areas from adjacent streets where appropriate Shrubs shall be varieties commonly used and adapt- able to the arca. Irrigation shall be provided to the landscaped areas and all landscaping shall continue thr,nagh the development for a unified concept design, 1114 -rely, l — _` David R Dena,nn DAVID R. DENISON CA TLIN LEWIS VIL MLLE. TEXAS 75667 r January 27, 1994 Mr. Tom Keener City of Allen Re: Zoning Case Z-1-6-94-1 Dear Mr. Keener: This letter addresses the issues which you discussed with me today. Please consider this as an addendum to our zoning request. Tract 1 Use regulations shall include Office Buildings (including clinic, Doctor or Dentist office) or Multi -family dwelling (apartment) but not both. Area regulations shall be as listed in the Zoning Ordinance for the Office District if office buildings are constructed on the tract. Tract 2 Use regulations shall include Office buildings or Retirement Housing but not both. Clinics, Doctors or Dentists office shall be allowed if either Office buildings or Retirement Housing Is constructed on the tract. Retirement Housing shall be defined as a planned community which offers in- dependent living congregate care and/or assisted living with a central services facility on site which can provide food service, personal grooming care, arts and crafts and recreational activities The community shall be designed to meet the needs of residents 55 years of age and above. Area regulations shall be as listed in the Zoning Ordinance for the Office District if office buildings are constructed on the tract. The applicants accept the traffic study as revised persaant to the City's traffic engineerts comments. sly,, David R. Denison