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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1994 - 05/26 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING MAY 26, 1994 ATTENDANCE: Commission Members Present: John Garcia, Chairman Douglas Gallagher, Vice -Chairman Kenneth Fulk, Secretary Harold Biggs Jeffery Kelley Steve Allen Noel Crume Commission Members Absent: None City Staff Present: Tom Keener, Development Coordinator Sally Leeper, Secretary With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:33 p.m. by Chairman Garcia at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes May 12. 1994 (Agenda Item ID Chairman Garcia read the agenda item into the record as follows: "Approve minutes of May 12, 1994, Regular Meeting." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of May 12, 1994, as presented. PLANNING & ZONING COMMISSION j MAY 26, 1994 PAGE 2 ■i1' Tabled Item Shadow Lakes North Phase II (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Tabled Item - Consider a request by Douglas Properties to amend Planned Develop- ment No. 33 by reducing the Shopping Center Tract from approximately 17.44 acres to approximately 3.37 acres. The request is to change the zoning on 14.07 acres to single family. The property is described as 14.07 acres of land situated in the John David Survey, Abstract No. 255 and the J. A. Taylor Survey, Abstract No. 908, City of Allen, Collin County, Texas; further described as being located southwest of F.M. 2170 and west of South Allen Heights Drive." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item III from the table. Mr. Pat Atkins, Tipton Engineering, reviewed the zoning in the subject area. He presented revised tract and concept plans to the Commission which indicated a larger Shopping Center tract (5.8 acres) adjacent to F.M. 2170 between Allen Heights Drive and Mustang Branch. Mr. Jim Douglas, owner, added that they are proposing to construct the hike and bike trail on the eastern side of the creek as required by the new Subdivision Ordinance. He offered to increase the minimum house size if the Commission desires. Mr. Douglas stated that the lots shown without alleys would be constructed with no garage facing a street. They have additional deed restrictions that will be filed privately These will require wrought iron fences along the rear and 10 feet into all lots backing to the creek. It was stated that the request is for zoning only, and the concept plan is provided for information purposes. Commissioner Biggs questioned the number of acres in the entire area that is being "downzoned." Mr. Atkins reviewed the entire planned development with regard to elimina- tion of shopping center and office zoning, and the density changes, as well as the amenities that have been provided. Commissioner Gallagher expressed appreciation for the work that the developer and engineer- ing firm have done in Allen, but was not in favor of the elimination of the office zoning. Commissioner Fulk stated that he feels this corner needs to be large enough to accommodate a major anchor, and added that a significant amount of acreage in this area has been "downzoned" already. With the greenbelt to the west, F.M. 2170 and Allen Heights Drive, an appropriate buffer is provided. He is not in favor of the zoning change. I PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 3 Tabled Item Shadow Lakes North Phase II (Cont.) (Agenda Item III) Commissioner Allen stated that he believes this proposal represents a spirit of compromise. He is in favor of the request. Mr. Douglas added that the proposed Shopping Center tract would accommodate a major anchor such as a grocery store. Commissioner Fulk suggested he is interested in a 10-15 acre tract at this intersection. Mr. Keener added that staff is recommending that, should the Commission choose to approve the request, that the shopping center acreage be shifted to the Allen Heights corridor and moved away from F.M. 2170 as much as possible to eliminate a "strip" of shopping center. MOTION: Upon a motion by Commissioner Allen and a second by Commissioner Crume, the Commission voted 3 FOR and 4 AGAINST to accept the request as presented, with the exception that the shopping center tract be made deeper into the development, and to increase the house size to 1500 square feet. The motion failed. Commissioners Garcia, Biggs, Fulk, and Gallagher voted against the motion. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Fulk, the Commission voted 4 FOR and 3 OPPOSED to deny the request. The motion carried. Commissioners Allen, Crume, and Kelley voted against the motion. MAJORITY FINDINGS: 1. The request represented unwarranted downzoning. 2. This intersection is appropriate for shopping center. 3. Shopping Center zoning in this neighborhood district has already been decreased and this request represents a further reduction. 4. The size of the shopping center should be large enough for a major anchor. 5. The Comprehensive Plan identified major intersections for shopping center. 1 6. Natural buffers exist between the shopping center tract and the adjacent residential. I I PLANNING & ZONING COMMISSION MAY 26, 1994 Tabled Item Shadow Lakes North Phase II (Cont.) MINORITY FINDINGS: PAGE 4 (Agenda Item III) 1. The request was in accordance with the spirit of the Comprehensive Plan since there is so much vacant retail in this area. 2. The request represented appropriate zoning for the area. 3. The compromise of the acreage was ideal for this location. 4 A worthwhile compromise for residential type retail rather than major retail in this intersection. 5. Compromise presented was adequate. Tabled Item Cottonwood Square Chairman Garcia read the agenda item into the record as follows: (Agenda Item IV) "Tabled Item - Consider a request by Bass Development Company to amend Planned Development No. 13 by reducing the Shopping Center Tract (Food Lion) located on the southeast corner of Jupiter Road and Bethany Drive from approximately 9.5 acres to approximately 7 acres. The request is to change the zoning on 2.65 acres to single family, with proposed use and area regulations similar to the existing Garden Home District. The property is described as 2.6544 acres of land situated in the R. C. Ingraham Survey, Abstract No. 462, City of Allen, Collin County, Texas, and further being part of a tract of land referred to as Tract B by a deed recorded in Volume 2773, Page 453, of the Land Records of Collin County, Texas; further described as being located at the southeast comer of Bethany Drive and Jupiter Road." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the table. Commissioner Allen stated he would be abstaining from this item for personal reasons. I I PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 5 Tabled Item Cottonwood Souare (Cont.) (Agenda Item IV) Mr. Pat Atkins, Tipton Engineering, indicated that the request represents a desire from the owner, Mr. Don Bass, to develop this property. The Commission discussed previous requests for this property where an additional curb cut was denied. Traffic problems were discussed, and the lack of a median cut on Bethany Drive. MOTION: A motion was made by Commissioner Crume and a second by Commissioner Biggs to deny the request. Discussion followed regarding the fact that the previous request for curb cut was denied because it was closer than 100 feet to the intersection. Chairman Garcia added that there is no median cut for the residential proposal. He added that this land was intended for commercial use. Commissioner Fulk stated that he disagrees with the reduction in Shopping Center zoning. He added that the lack of a median cut would cause traffic difficulties. Commissioner Kelley added that he is not in favor of this proposal without a median cut. The Commission voted 6 FOR, 0 OPPOSED, 1 ABSTAINING, to deny the request. FINDINGS: There were concerns with the need for a median cut. 2. There was a concern with a curb cut and traffic flow. 3. Replacing the shopping center zoning with residential is not appropriate at this location. PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 6 Tabled Item Allen North Phase 2 (Azenda Item VI Chairman Garcia read the agenda item into the record as follows: "Tabled Item - Consider a request by Land Advisors, Inc. for G & B Dallas Equisites, Inc. to rezone 66.1464 acres from Residential (R-4) to Residential -Deed Restricted (R-5/DR) and 12.7060 acres from Local Retail (LR) to Shopping Center (SC). The property is located in the J.T. Roberts Survey, Abstract No. 777 and the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; further described as being located at the northeast corner of S.H. 5 and Exchange Parkway." MOTION: Upon a motion by Commissioner Fulk and a sescond by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item V from the table. Mr. Keener stated that the proponents have submitted a revised land use plan which removes the northern strip of property from the request. It would remain R-4. He reviewed the surrounding zoning. Mr. Keener reviewed the recommendations that had been made by the ! traffic consultant regarding traffic flow, and the need for right-of-way dedication on S.H. 5 and Exchange Parkway Mr. Dan Tomlin III, developer of the property, advised that he would be available for questions. Mr. Michael Cummings, Cummings & Pewitt, indicated that the traffic manage- ment proposals are included in their request. They are: 1. A right turn deceleration lane into the commercial site's main entrance on Exchange Parkway should be considered; 2. A left turn storage lane on Exchange Parkway for the main entrance into the commer- cial site should be considered; 3. A left turn storage lane on Exchange Parkway for the entrance into the residential site should be considered; 4. All entrance locations at which left turns from the site will be allowed should maintain a cross section capable of supporting a minimum of two exit lanes and one entrance lane; [[['''``` 5. The main entrance to the commercial site on Exchange Parkway should be located as { far east of S.H. 5 as possible (approximately 500' east); and PLANNING &, ZONING COMMISSION 7 MAY 26, 1994 PAGE 7 I Tabled Item Allen North Phase 2 (Cont.) (Agenda Item V) 6. The main entrance to the commercial site on S.H. 5 should be located as far north of Exchange Parkway as possible (approximately 400' minimum). Mr. Cummings indicated that the R-5 will be deed restricted to 1500 square foot homes. Commissioner Fulk questioned whether the existing R-4 on the north is being deed restricted to 1500 square feet also. Mr. Cummings stated that he would agree if that is the desire of the Commission. The density of the proposal was discussed. Mr. Cummings stated that their plan would not exceed 3.5 to 3.6 units per acre. They would be willing to limit the development to 3.6 units per acre. Commissioner Fulk suggested that 3.9 units per acre would be consistent with the property to the north in Buckingham Estates. The Commission discussed whether the R-4 strip would be necessary if the deed restriction included a cap on the density. Commissioner Allen stated that he did not feel it was necessary to have the R-4 strip. He is in favor of the density cap. Chairman Garcia requested assurance that the larger lots be located to the northern end of the tract. Discussion was held regarding possible planned development zoning on the property. MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to approve the request with the following amendments: 1. The R-4 strip on the north shall he deed restricted to 1500 square foot homes. 2. The number of units per acre will be deed restricted to 3.8 D U. on the entire residential portion. 3. The specific designation of right-of-way to be deleted from the land use plan and considered during the platting process. 4. All right-of-way alignment and dedication shall comply with City and state requirements. 5. All traffic management improvements recommended will be incorporat- ed into the land use plan. I I PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 8 Tabled Item Allen North Phase 2 (Cont.) (Agenda Item V) FINDINGS: 1. Proposed uses compatible with existing development. 2. Deed restriction for 1500 square foot minimum house size is appropriate, which is greater than R-4 minimum of 1400 square feet. 3. Recommendations for traffic management standards incorporated into the proposal. 4. Necessary right-of-way for Exchange and S.H. 5 will be dedicated at the time of platting. 5. Shopping Center more appropriate than Local Retail for this intersection and tract. Facilitates development because of flexibility of uses. Public Hearing John Green. P.D. No. 52 (Agenda Item VI) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider request by Mr. John Green to amend Planned Develop- ment No. 52 (PD -52) by reshaping the existing districts of Multi-family,l Shopping Center, and Single Family. The property is described as 152.8 acres situated in Collin County, Texas, in the James W. Parsons Survey, Abstract No. 704; further described as being located at the northwest corner of Alma Drive and W. McDermott Drive." Mr. Keener presented the request to the Commission. He advised that the request contains the same acreages and zoning designations for the tracts, but reconfigures the tracts in order to allow for residential access on McDermott Drive. For information purposes, he added that staff has reviewed the pattern at Comanche to the north. The consultant has indicated that the school will cause stacking problems, and has proposed a greater width on Comanche at Alma Drive. He proposed that Comanche should not connect to the east across Alma Drive. The notation on this land use plan of a secondary connection to the east should be removed from this proposal to indicate that the intersection will be a T -intersection. Commissioner Crume asked Mr. John Green if Arvida will be providing access to the property, and he responded that there will be no connection between the two properties. I PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 9 Public Hearing John Green. P.D. No. 52 (Cont.) (Agenda Item VD Commissioner Gallagher questioned the advisability of adding an entrance to McDermott so near to the Twin Creeks entrance. Mr. Keener stated that it will have to be in conformance with the Subdivision Ordinance. He added that the landscape buffers originally required in the zoning will remain the same. Mr. Green stated that there will be over 400' from the Twin Creeks entrance to this one. He stated that he felt that having the single family next to the Twin Creeks tract would be appropriate, and that there are large trees in this area that will be saved by constructing a median in the entrance street. The use and area regulations will remain the same. Chairman Garcia opened the public hearing. With no one wishing to speak for or against the request, Chairman Garcia closed the �` public hearing. L■ MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to approve the request with the revision to the land use plan removing the stub shown at the eastern side of Alma Drive for Comanche, correcting Alma Road to Alma Drive, and correct- ing the acreage to 152.8 acres. FINDINGS: 1. Overall traffic flow configuration is better in this revised proposal. 2. Land use is compatible with surrounding land uses. 3. Overall acreages are the same as existing zoning. 4. Land uses are the same as existing zoning. 5. Use and area regulations remain the same. 6. There were no objections during the public hearing process. 7. There was developer commitment to tree preservation. PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 10 LandscUcaree Preservation Ordinance Chairman Garcia advised the Commission that Ms. Sotoria Montanari has presented a letter requesting to speak on this subject. She stated that she would be providing information to the Commission and would like to speak at the next meeting. The Commission discussed the draft ordinance that staff prepared and made the following comments and recommendations: 1. Concept of the ordinance is appropriate. 2. List of trees to be considered should be edited. 3. Calipers to be considered should be 6". 4. Appeal process should be added. Permit should be issued by Director of Community Development, with appeal to the Planning & Zoning Commission. If appeal is denied by the Commission, then it could be appealed to the City Council. Appeals should not require notification to adjoining property owner as in zoning requests. If appealed to the City Council, only a simple majority would be necessary to approve. 5. Ordinance should be a stand-alone amendment to Code of Ordinances and not part of the Zoning Ordinance. 6. Fees for the permit and appeal process should be discussed at the end of the review process. Staff was requested to incorporate the above items into the proposed ordinance for the next meeting, and to date each revision. Chairman Garcia requested that staff request the newspaper to advertise the fact that the Commission is considering tree and landscape ordinances. The Commission discussed the possibility of holding a public hearing in order to receive public input. OTHER BUSINESS: Chairman Garcia advised the Commission regarding a seminar June 15 in Richardson to be sponsored by the Southwest Legal Foundation. The cost is $150. Mr. Keener stated that there are no funds designated for this seminar; however, if 1 or 2 Commissioners desire to attend, he would attempt to find the funds. The following Commissioners indicated a desire to attend the seminar: PLANNING & ZONING COMMISSION MAY 26, 1994 PAGE 11 Doug Gallagher Noel Crume John Garcia Steve Allen Jeff Kelley ADJOURN: MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to adjourn the May 26, 1994, meeting at 10:10 p.m. These minutes approved thisday of , 1994. � LC I - I y41 Joh Garcia, hairman K neth Fulk, Secretary Li