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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1995 - 11/09 - RegularALLEN PLANNING & ZONING COMMISSION IREGULAR MEETING NOVEMBER 9, 1995 ATTENDANCE: Commission Members Present - Ken Fulk, Chairman Noel Crume, Vice -Chairman Jeff Kelley Harold Biggs Ross Obermeyer Susan Bartlemay Bruce Heller Commission Members Absent: None City Staff Present Bill Petty, Director of Community Development Tom Keener, Development Coordinator George Conner, Director of Public Works Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A OUORUM, With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Fulk at the Allen Municipal Annex, One Butler Circle, Allen, Texas. Approve Minutes October 26. 1995 (Agenda Item II) Chairman Fulk read the agenda item into the record as follows: "Approve minutes of October 26, 1995, Regular Meeting." MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Bartlemay, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of October 26, 1995 PLANNING & ZONING COMMISSION PAGE 2 NOVEMBER 9, 1995 Public Hearing Unlimited Construction (Agenda Item III) Chairman Fulk read the agenda item into the record as follows "Public Hearing - Consider a request by Mr. Donald Cardwell, Unlimited Construction, Inc to remove from Planned Development -Shopping Center No. 4 (PD -SC No. 4) and rezone it to General Business (GB) 3 2 acres of land out of the Rufus Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas, being that same 3 2 acre tract of land conveyed to Security Bank of Whitesbom by deed recorded in Volume 3066, Page 935; further described as being approximately 400 feet in depth located east of S H. 5 between Bethany Drive and Ridgemont Drive." Mr. Tom Keener presented the request to the Commission He stated that the property is located within Planned Development -Shopping Center No. 4. The proponent is requesting that his property be removed from the PD and rezoned to General Business (GB). He added the request for zoning is the only request before the Commission at this time, and that site plan approval is not a part of the request. If GB zoning is established on the property, Commission and Council approval of the site plan would not be required unless there would be a Specific Use Permit involved. He added that two letters have been received regarding the request, and will be read into the record. Mr. William Cothrum, Masterplan, 500 S. Ervy Building, Dallas, Texas, representing the proponent, spoke to the Commission. He stated that they have attempted to discuss this request with the owners within this PD, and provided a petition signed by a majority of the owners They were unable to contact two of the owners. He stated that their preference would be to increase the allowable uses within the PD to include their needs; however, without 100% participation from the property owners, their request is to remove their property from the PD and rezone it to GB. Mr. Cothmm discussed the proponent's plans for the property, which would include construction of a retail center to the front, with mini -warehouses, general office and a contractors shop to the rear. Chairman Falk opened the public hearing. Ms. Sally Leeper read into the record a letter from Richard C. Leach and Jerry W Wilson, which are attached hereto and made a part hereof, expressing opposition to rezoning the property to General Business. Ms. Barbara Kandel, 3427 Drexel Drive, Dallas, Texas, owner of property to the south of the PD known as the Molsen Farm on S.H. 5, spoke in opposition to this request. Ms. Cheryl Lyon, 2524 Ellis Ct., Plano, representing the Lutheran Church, asked questions regarding the allowed uses in GB zoning, and whether the intended use would include truck traffic. She stated the church was not in favor of a construction yard. Mr. Keith Rushing, Allen Bowl, spoke in favor of the rezoning. C PLANNING & ZONING COMMISSION PAGE 3 NOVEMBER 9, 1995 Public Hearing Unlimited Construction (Cont.) (Agenda Item II1) Mr. Tom Waring, Chief Financial Officer for Lyrick Corporation (RCL) spoke against the request. Mr. Don Cardwell, proponent, spoke in favor of the request, explaining the purpose for the request. He stated he intends to develop the property himself, and has no intention of selling the property after rezoning. He would like to construct a retail center with mini -warehouses and office to the rear of the property He requested that the Commission consider the rezoning of the entire PD rather than changing the zoning on his property to GB. Chairman Falk closed the public hearing. Mr. Cothrum discussed with the Commission the fact that he had gathered signatures of 8 out of 10 of the property owners, and requested that the Commission initiate zoning on the entire PD The Commission discussed the different uses allowed in GB zoning and the question of whether this request would be considered spot zoning. They discussed the highest and best use of the property The possibility was considered that the proponent could request a separate PD on this �"- property The proponent was advised that the Commission felt that the business would be an i� asset to the City, but that GB zoning was not appropriate at this location. Mr. Bill Petty indicated that if all of the property owners in this PD were signature to a requested change in the PD zoning, the SC designation could be proposed to be removed and separate use and area regulations established for this property Mr. Cothrum indicated that he agreed that GB zoning would not be the best use of this property, and requested that the Commission direct staff to bring forward a change in zoning on the property Mr. Keener discussed the appeal process available to the proponents. MOTION: A motion was made by Commissioner Crume and seconded by Commissioner Obermeyer to deny the request. Discussion followed with Commissioner Barltemay indicating that she did not feel that GB zoning was appropriate, but would be open to a request being brought forward by the owners of the PD; Chairman Folk indicating that the Commission was not in favor of initiating a change in zoning; however, if the owners of the property would collectively request a change to the PD they would be in agreement to hearing the request; and Commissioner Heller indicating he was against the request as proposed. The Commission voted 7 FOR and 0 OPPOSED to deny the request. 0 PLANNING & ZONING COMMISSION PAGE 4 NOVEMBER 9, 1995 Public Hearing Unlimited Construction (Cont) IAeenda Item III) FINDINGS. 1. The request appears to be spot zoning. 2. This request is not a compatible use to the neighborhood. 3. The request does not represent the highest and best use of the property 4. Not all of the owners in this PD appear to be in favor of the request. Amended Final Plat Allen Heights Shope Center (Agenda Item IV) Chairman Fulk read the agenda item into the record as follows: "Amended Final Plat - Consider request by Transpacific Interests, Ltd. to replat Allen Heights Shopping Center, a 3.651 acre tract of land situated in the Peter Fisher Survey, Abstract No. 324, Collin County, Texas and also being part of the Allen Heights Shopping Center, an Addition in the City of Allen, Texas, according to the Plat recorded in Cabinet F, Page 309, Map Records of Collin County, Texas; further described as being located at the northwest corner of Allen Heights Drive and Main Street." Mr. Keener presented the request to the Commission. He indicated that the plat is being brought forward to correct fire lane adjustments made during the construction of a day care at this shopping center. Mr. Petty indicated that in fact the fire lane and budding were constructed 2 feet away from where it was shown on the original plat, and this represents a correction only MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Banlemay, the Commission voted 7 FOR and 0 OPPOSED to approve the amended plat as presented. PLANNING & ZONING COMMISSION PAGE 5 NOVEMBER 9, 1995 Final Plat Twin Creeks Phase 2D (Agenda Item V) Chairman Fulk read the agenda item into the record as follows: "Final Plat - Consider request by Twin Creeks Partners, L.P , for Final Plat approval for Twin Creeks Phase 2-D, being a 6.187 acres tract of land out of the James W Parsons Survey, Abstract No. 704 in the City of Allen, Collin County, Texas; further described as being located west of Alma Drive between McDermott Drive and Exchange Parkway " Mr. Keener presented the plat to the Commission. The plat is in conformance with the approved preliminary plat, and staff recommends approval. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Heller, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Twin Creeks Phase 2D. Review of Zoning Ordinance (Agenda Item V) J Chairman Fulk read the agenda item into the record as follows: "Review of Comprehensive Zoning Ordinance." Mr. Petty discussed with the Commission the question of whether to continue requiring the public hearing process for site plan approval by the Commission and Council for site plans on property located with planned developments. He indicated that staff felt it was important to continue the public hearing process for specific use permits Mr. Petty discussed the requirements for site plans, and the fact that they are completely identified in the existing ordinances. He suggested that removal of this requirement could remove the 60-90 day delay for businesses wanting to move to Allen The Commission, after a thorough and in depth discussion of the pros and cons of this proposal, reached a consensus to delete the requirement for site plan review by the Commission and Council on property located within planned developments. I I EI PLANNING & ZONING COMMISSION NOVEMBER 9,1995 OTHER BUSINESS. PAGE The Commission reviewed the tentative agenda for their next meeting, which is December 14th. It will include a public hearing on the OPUBCO property and at least one plat. The consensus of the Commission was to schedule a workshop for November 30, 1995, at 7:00 p.m. in the Council Chambers for final review of the Zoning Ordinance document. Commissioner Heller suggested that the cumulative feature of the Schedule of Uses should be reviewed ADJOURN MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Heller, the Commission voted 7 FOR and 0 OPPOSED to adjourn the November 9, 1995, meeting at 10 20 p.m. These minutes approved this / 4/u day of � '1995. i If" Ken Fulk, Chairman ILQk l Jeffery Kelley, Secretary 214 727 5748 Animal Hospital Collin TEL NO 214-727-5748 Nov 09.95 11 24 P.02 Bill Petty ` Director of Communlcy Development City of Allen Dear Bill, 1 was informed of a meeting being held tonight (11-9-95) only this morning. I will be unable to attend because of a previous obligation. I would like for you to pass on a copy of this letter to the members of P&Z to express my feelings on the issue of rezoning the land on Greenville next to Davidson's Tire Store. I have previously met with representatives of the development to review their plane. My opinion is that under no circumstances should this property be allowed to be developed under the GB guidelines. I feel this would severly devalue the adjacent properties and be a mistake in planning. In meeting with the representative of the developer I expressed my views and would like to see the property developed but not under the GS guidelines. I don't know why I was not informed of this meeting by the city but would auk to be notified of any future consideration of this zoning. Thank you for your consideration. Sincerely, l � /1 L,Jerry W. Wilson, D.V.M. Animal Hospltal of Collin County 1021 S. Greenville Allon, TX. I Enterprises, Ine. RICHARD C LEACH Chamrun October 30, 1995 Hon. Joe Farmer Mayor City of Allen One Butler Circle Allen, TX 75002 Dear Joe: oOD '7 I received a notice from the Zoning Commission with a proposed change of zoning across the street from us. You know we have tried to keep a high quality park environment. The proposed change would be a sharp slap in our face. it will reduce our property value. I will not be able to attend your meeting but I want to voice a strenuous objection. )Z L e RCL/pw cc: Vern Lahart RECEIVED E NOV 11995 CITY OF ALLEN CIN SECRETARY 200 Eav( Beiheny Drive • All? , Texav 75002 • 314/390-3300 • Fax 214/390-2313