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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1996 - 07/25 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING July 25, 1996 Commission Members Present: Kenneth Fulk, Chairman Ross Obermeyer Jeffery Kelley Susan Bartlemay (arrived 7'42 p.m.) Bruce Heller Pamela Smith Jeff McGregor ,I I I III M LeiI City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator George Conner, Director of Public Works Dan Tracy, Civil Engineer Sally Leeper, Administrative Assistant Rhoda Savage, Director of Parks and Recreation With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Folk at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes June 27. 1996 (Agenda Item IIl Chairman Falk read the agenda item into the record as follows: "Approve minutes of June 27, 1996, Regular Meetmg. ° MOTION Upon a motion by Commissioner Bartlemay and a second by Commissioner Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of June 13, 1996, as presented. PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 2 Public Hearing Irene Haggard Bedell (Agenda Item IID Chairman Fulk read the agenda item into the record as follows: "Public Hearing - Consider request by Pat Atkins, Tipton Engineering, for Irene Haggard Bedell for zoning on 163.08 acres of land, being a pan of the John Studer Survey, and being a re -survey of the same land conveyed by Mrs. Milton Whisenant to John W Whisenant, Deed Dated December 12, 1994, Recorded in Volume 408, Page 284 of the Deed Records of Collin County, Texas, further described as being located at the southeast corner of Bethany Drive and Allen Heights Drive." Mr. Bill Petty presented the request to the Commission. The proponent is requesting Shopping Center, R-5, and R-7 zoning on their property Unique features of this submission are the impact on the property of dedication of 60 feet of right-of-way on Bethany, and the fact that the Compre- hensive Plan indicates commercial at this corner. The Plan allocates 20 acres of commercial in this entire Neighborhood District 30. Two additional corners are available, FM 2551 and Bethany, and FM 2551 and Chaparral. The Plan indicates that less dense development should occur to the eastern edge of the City The proponent is requesting density that is over that allowed by the Plan. However, the R-5 being requested reflects larger lots than has been seen in more recent zoning requests, being 5,000 or 5,500 square -foot lots. Mr. Petty indicated that the Shopping Center tract is split by floodplain acreage, which will be dedicated to the City After this dedication, and dedication of right-of-way, the Shopping Center tract will net approximately 14.2 acres. He suggested that this will leave a very small tract at the immediate corner, and it might be appropriate to designate this small tract as FP -Community Facilities, which would reduce the Shopping Center tract to approximately 14 acres. Mr. Petty indicated that staff would provide additional information following the public hearing. The Commission discussed the possibility of holding the public hearing and leaving it open for further input following the additional information to be provided by staff. It was clarified that public comment can be accepted at a later date if the Commission so desired. Mr. Pat Atkins, Tipton Engineering, representing the Bedell family and the purchaser, Rick Skorberg, spoke. He reviewed the topography of the tract, and suggested that the proponent desires to develop the property consistent with the surrounding development. They are requesting sufficient acreage for the shopping center to attract a major anchor. The R-7 is designed to wrap the Shopping Center with R-5 on the remainder. Regarding density, he stated the yield on the property will probably be significantly less than what is supplied in the R-5 District. Chairman Fulk opened the public hearing. PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 3 Public Hearing Irene Haggard Bedell (Cont.) (Agenda Item 111) Mr. Kenneth Bolin, owner of the property south of this tract, discussed the existing Shopping Center property to the west with regard to lack of maintenance and indicated that this property will be difficult to maintain. He discussed the fact that the Allen Heights Shopping Center has been empty for a long time. He feels that the Shopping Center tract will be an eyesore for a long time. He requested larger lots adjacent to his property He noted that the Plan shows his property as being single family Mr Marvin Shelley, representing the Shelley family, owner of 192 acres between Malone, Bethany, FM 2551 and Chaparral, stated that the proposed land plans for his property have shown 8 to 10 acres of commercial at the corner of FM 2551 and Chaparral. He has been told in the past to plan for larger lots, open areas, and nicer homes. He is opposed to the commercial and residential proposal Dr. Ed Topfer, 307 Keith, Allen, Texas, expressed concern regarding the compatibility of a Shopping Center immediately across from Bethany Lakes Park. This does not appear to be a compatible land use. Chairman Fulk closed the public hearing. Mr. Petty indicated that the City is requesting the Commission to consider a modification to this request. The Parks Department has indicated an interest in obtaining park acreage on this property to satisfy the needs of a neighborhood park and an extension of Bethany Lakes Park. The proponent and the Parks Department have discussed a revised proposal which includes dedication of the floodplain, plus 4 to 5 acres, for a total of 10.5 acres. Staff is requesting guidance from the Commission regarding density of the residential, net acreage for the Shopping Center tract, configuration of the land use plan. Staff is further requesting that the Commission table this item after forwarding some guidelines to the proponent on the above issues. He further indicated that the City will be constructing the intersection of Allen Heights and Bethany in the near future. Dedication of this right-of-way is urgent. The proponents have indicated agreement to dedicate the right-of-way for Bethany and Allen Heights at this time, rather than at the time of development. Mr. Petty proposed that any FP -Community Facilities property be dedicated right away as well as the right-of-way Mr. Atkins was questioned as to the proponent's willingness to dedicate the right-of-way Mr Atkins stated that Mr Bedell should answer this question, and Mr Bedell indicated that it was his understanding that through this immediate dedication, the Commission might give consideration to his request Mr. Bedell stated that they will dedicate it, but with the understand- ing that the Commission and Council be aware that they are giving this to the City PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 4 Public Hearing Irene Haggard Bedell (Agenda Item III) Ms. Rhoda Savage, Director of Parks and Recreation, indicated that any facilities agreement entered into between the City and the proponent should involve the Parks Board regarding the plan. Mr. Petty indicated that the facility agreement details would be a staff function, and the Park Board could be involved if desired. Mr. Petty requested that Ms. Savage and the proponent consummate this agreement immediately Chairman Fulk questioned whether this would be a neighborhood park, and Ms. Savage indicated that it would be a neighborhood park and an extension of Bethany Lakes Park. Mr. Petty indicated that a traffic study has not been completed on the commercial tract since it is yet to be determined how many acres will be allotted. Chairman Fulk expressed concern regarding the density and the number of commercial acres. He noted that the Comprehensive Plan shows commercial at this corner, but does not indicate floodplain being at this location, which limits the development of this comer. Commissioner Heller questioned whether the proponent had considered the corner of Bethany and it Malone for the commercial acreage and Mr. Atkins stated that since Malone is a 4 -lane collector, it would not be suitable for commercial. Mr. Atkins added that no floodplain or parkland is indicated on the Comprehensive Plan, but that the proponent is attempting to work with the Parks department regarding their request. Commissioner Heller expressed concern regarding the density of the residential tracts. He further stated that he felt that 13 to 14 acres of commercial would be appropriate at this corner, allowing additional commercial acreage elsewhere in this neighborhood district. He indicated that some excess density might be justified with dedication of the park land and additional open space. Mr Atkins indicated that the final lot count on this property will be less than allowed by R-5 zoning, and suggested that the proponent could place a maximum number of units on the property through deed restrictions. He added that the proponent has a great deal of infrastmcmre costs associated with this property along Bethany They are willing to cooperate with the Parks Department regarding dedication of the park site. He added that an 8 to 10 -acre commercial tract elsewhere in this district would be appropriate, and that commercial south of the floodplain would be acceptable. Commissioner Bartlemay questioned whether Allen Heights south of Bethany will become a 6 -lane divided road and Mr Petty stated that it is planned for that She expressed concern regarding such a large commercial tract adjacent to the park because of traffic and children. She would prefer to see the tract develop as Local Retail. She feels that the commercial is not compatible with the park site. Regarding density, she is in agreement with the proposal. It is compatible PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 5 Public Hearing Irene Haggard Bedell (Cont) (Agenda Item HI) with the adjacent development. She would prefer to see larger lots to the south for a transition to the Bolin property She stated that dedication of parkland will benefit the City Commissioner McGregor stated he was in agreement with the density, and questioned the difference between the proponent's density numbers and those identified in the Zoning Ordinance. Mr Petty indicated that R-5 zoning, under a grid system, would yield the density identified in the Zoning Ordinance; however, with curvilinear streets and other amenities, the density would be reduced. Mr. Petty stated that Malone is not a candidate for Shopping Center zoning since it is designated as a residential collector street. He suggested that development standards could be attached to the proposal, filed of record at the County, to place a cap on the density Commissioner McGregor expressed an interest in seeing a cap on total units, and added that he feels 10 to 14 acres of commercial would be appropriate. He further stated he was concerned with [" continuing the park across a major thoroughfare. He questioned whether the right-of-way for this intersection is currently dedicated on the remaining three corners. Mr. Petty indicated that it was. Commissioner Obermeyer expressed concern regarding the density and would request the proponent to be more specific in this regard. He agreed that the Shopping Center acreage, at 10 to 12 acres, would be appropriate and additional acreage could be allowed in another location. Regarding the configuration, he supports the idea of the park land, but is curious regarding the nature of the park development. He questioned Ms Savage as to the planned nature of the park. He expressed concern regarding splitting the park across the major thoroughfare. Ms. Savage explained that this park would be passive in nature, extending Bethany Lakes Park, it would work as a buffer for the programs the City is providing in the park. Commissioner Obermeyer questioned the zoning of the Bolin tract and was advised it is currently zoned Agriculture -Open Space He requested a buffer on the south of the commercial tract. He is concerned about the last-minute changes, and does not feel comfortable making a recom- mendation at this time. Commissioner Smith stated she had concerns regarding the proximity of the Shopping Center to Bethany Lakes Park, reservation of the floodplain, and the existing land uses adjacent to this tract. She is favorable to the dedication of the park land. She does not envision this comer as necessary for Shopping Center. She is not comfortable with the R-7 density She requested buffering to the south. PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 6 Public Hearing Irene Haggard Bedell (Cont) (Agenda Item IID Commissioner Kelley questioned the development of the property to the west of Allen Heights. Mr. Petty stated that this tract was previously a 22 -acre shopping center tract; it remains today at 6 acres, divided by a creek South of this tract are 5,000 s.f. lots, extending nearly to Chaparral. Commissioner Kelley expressed concern regarding the relationship of the proposed park to Bethany Lakes. He further discussed the need for the commercial to be at the intersection to enhance traffic flow He expressed concern regarding buffering between the shopping center and the property to the south, and possible access to the shopping center both from Allen Heights and Bethany He requested consideration be given to the density of the single family portion of the development. The Commission discussed the possible need for a second public hearing on this request. Mr Tom Keener indicated that the chairman has the right to recognize the public at any time it is desired. Public input can be solicited in this way without a formal public hearing being advertised. Considerable discussion was held regarding the need to call an additional public hearing. ■ Chairman Falk questioned whether the Allen Independent School District (AISD) had been fr contacted regarding a possible school site on this property Mr. Keener stated that the AISD has declined a school site on this property Chairman Fulk expressed concern regarding the proposed density, and the transition from this property to the south. The Comprehensive Plan indicates commercial at this corner; however, the Plan does not take the floodplain into account. He is not completely in favor of the shopping center at this corner. He stated he was concerned whether this proposed park dedication is for a neighborhood park (serving the neighborhood) or for an extension to the community park. If it is indeed a neighborhood park, it should be located deeper within the development. If it is intended to be an extension of the special use park, the development of the park would be different. Regarding the commercial tract south of the park land, it might be more appropriate to allow Local Retail, considering the highest and best use of the property This would indicate a 5 to 8 -acre tract. MOTION: Upon a motion by Commissioner Heller and a second by Commissioner Smith, the Commission voted 7 FOR and 0 OPPOSED to table the request by Irene Haggard Bedell to allow the proponent and staff to work together regarding the dedication of a possible park site. PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 7 Public Hearing Comprehensive Zoning Ordinance (Agenda Item IV) Chairman Fulk read the agenda item into the record as follows: "Public Hearing - Consider an amendment to the Comprehensive Zoning Ordinance to change the site plan requirements for development to include tree surveys, consistent with the Tree Preservation Section, and consider recommending changes to Section 3.05, Paragraph 7-1) and 7- F, Landscape and Tree Preservation." Mr. Petty addressed the Commission and explained that the City Council took action at their last meeting to amend the Subdivision Ordinance to include a requirement for tree surveys at the time of preliminary platting. The public hearing scheduled on this agenda includes a request to amend the site plan requirements of the Zoning Ordinance to include the submission of a tree survey along with site plans. In addition, the Council has requested the Commission to consider other minor amendments to the Tree Preservation Section of the ordinance. Exhibit B to the proposed ordinance proposes allowance of tree credits toward the removal of trees, as well as toward the landscaping requirement, limits credits to a maximum of one-half, and allows for additional undesirable trees to be determined by the City's Landscape Architect. Chairman Fulk opened the public hearing Dr. Ed Topfer, 307 Keith, Allen, spoke in opposition to expanding the trash tree list to include trees of similar characteristic. He feels the list is questionable as it is, and expanding it violates the intent of the ordinance. With no one else wishing to speak for or against the agenda item, Chairman Falk closed the public heairng. Mr Petty explained that notification of this public hearing was by advertisement in the newspaper 15 days in advance. The public hearing at the City Council has been scheduled for August 1, 1996, based upon the recommendation of the Commission. Commissioner McGregor questioned the use of credits. Mr Petty stated that it is used toward replacement trees or to save trees. He discussed the double credits for trees over 24" I PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 8 Public Hearing Comprehensive Zoning Ordinance (Cont.) (Agenda Item IV) Commissioner Obermeyer stated that it was his feeling that the intent of the ordinance was to use credits toward the landscaping requirements only, not for tree replacement. He added that the intent was "if you cut down a good tree, you should replace it inch for inch." Preserved trees can be used against the landscape requirement, based upon the facility that will be built. He added that the Council may desire to change this intent, but he clarified that this was the intent of the Ordinance. Commissioner Kelley indicated that he felt that the City Council had expressed concern about this issue during the deliberations. Chairman Palk questioned whether the City Council developed this verbiage or did staff. Mr. Petty indicated that Mr McCarty, City Manager, requested staff to prepare the verbiage. Councilmember Doug Gallagher was present and indicated that the City Council had directed Mr. McCarty to take this verbiage to the Commission for a recommendation. Regarding the proposed Exhibit "A" Section 2.09, the consensus of the Commission was to forward this recommendation to the Council. Regarding the proposed Exhibit "B" Section 3.05, the consensus of the Commission was to remove the language proposed in Paragraph F regarding additional undesirable trees. Councilmember Gallagher was questioned regarding the rational behind this text. He indicated that a recent lot being cleared included a tree identified by an arborist as undesirable. Commissioner Bartlemay questioned the fact that it is possible that every arborist might have different opinions, and Mr. Petty stated that the City will be using a consulting arborist who will make the determination. Commissioner Obermeyer suggested adding additional text listing the characteristics of undesirable trees, such as short lived, not bug resistant, produces nuisance foliage, etc. This language could be written by the City's consultant arborist. It was further suggested that "undesirable" might be changed to "unprotected." Chairman Fulk stated that the current list was taken from a book by Howard Garrett, and this book indicated reasons for the trees being undesirable. He suggested that everyone will have a different list. He was not in agreement to leaving the list open-ended. He expressed concern regarding giving special consideration to specific individuals. PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 9 Public Hearing Comprehensive Zoning Ordinance (Cont) (Agenda Item III) Commissioner Smith expressed concern regarding vague language and suggested clear definition would be appropriate. Chairman Fulk suggested that the proposed language would not be appropriate. Commissioner Heller suggested that the proposed text is too open-ended. He added that guidelines would be necessary, and that if the property owner desires to cut a tree down it is allowed, but it needs to be replaced. Chairman Fulk suggested that the city's consultant should be requested to review the ordinance and propose changes. Commissioner Heller suggested that the ordinance should not be changed based on one case. The consensus of the Commission was to recommend the languagein paragraph 7.E remain as it is with no revision to include additional trees. The consensus was to recommend the proposed language in paragraph 7 D regarding the maximum one-third limit for credits. Regarding the proposed addition of "or toward the removal of credits" in Paragraph 7.D, the Commission discussed the fact that the intent was that the credits should be applied toward landscape requirements, and that the credits are to be used as an incentive to save trees. Commissioner Obermeyer suggested using the text "Credits are not given toward the removal of trees," and Commissioner Kelley suggested that the Council understood that credits would be given toward the removal of trees The consensus of the Commission was to not recommend the proposed change, but rather to recommend the addition of the text "Credits are not given toward the removal of trees," and to move the sentence regarding additional credits up to end of the previous paragraph. MOTION Upon a motion by Commissioner Heller and a second by Commissioner Ober- meyer, the Commission voted 6 FOR and 1 OPPOSED to recommend adoption of the proposed amendments as modified above. MAJORITY FINDINGS. The amendments provide clarification for interpretation of the ordinance. 2. The amendments are consistent with recent changes made to the Subdivision Ordinance. MINORITY FINDINGS. 1. The amendments do not agree with Commissioner Kelley's understanding of the intent of Paragraph D The proposed text would have been pro -development. L PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 10 Final Plat Max Elliott. Jr (Agenda Item V) Chairman Fulk read the agenda item into the record as follows: "Final Plat - Consider Amended Plat approval for Mr. Max Elliott, Jr. And O Faye Elliott, for a 0.198 acre tract of land being Lot 5 and part of Lot 4, Block 15, Original Townsite of Allen, Collin County, Texas: further described as being located at the northwest corner of N. Cedar Drive and E Main Street." Mr. Keener presented the final plat to the Commission. Commissioner Heller questioned the use of the remainder of Lot 4 It is owned and used by Caplinger Heating and Air Mr. Keener indicated that there are no setbacks in the Central Business District. MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Heller, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Max Elliott, Jr as presented. Final Plat Twin Creeks Phase 3A (Agenda Item VI) Chairman Falk read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Twin Creeks Partners, L. P for Twin Creeks Phase 3A, being 16 474 acres of land out of the James W Parsons Survey, Abstract No 704, City of Allen, Collin County, Texas; further described as being located south of Exchange Parkway and west of Alma Drive." Mr Keener presented the final plat to the Commission. The 15 -foot landscape and pedestrian easement is noted as required. Amendments made to the preliminary plat have been included on this final plat. Staff recommends approval of the plat. MOTION: Upon a motion by Commissioner Heller and a second by Commissioner Obe- rmeyer, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Twin Creeks Phase 3A. I PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE l I Final Plat Twin Creeks Phase 5A (Agenda Item VIII Chairman Falk read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Twin Creeks Partners, L.P for Twin Creeks Phase 5A, being 41.031 acres of land out of the David M. Tucker Survey, Abstract No. 914, City of Allen, Collin County, Texas; further described as being located south of Exchange Parkway and west of Alma Drive." Mr Keener presented the final plat to the Commission. Engineering is approved and staff recommends approval. All issues agreed at the time of preliminary plat have been included. The lot sizes are in conformance with the zoning on this property MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Smith, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Twin Creeks Phase 5A. Final Plat Alpha Self Storage Addition (Agenda Item VIII) Chairman Fulk read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Alpha Self Storage Addition, for John Phillip Little, being 2.51 acres of land out of the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located between Butler Circle and the railroad south of McDermott Drive." Mr Keener presented the final plat to the Commission. This final plat represents a combination prelunmary/final, and engineering is approved. A facilities agreement for construction of Butler has been filed at the County Staff recommends approval of the plat. This plat is prepared in accordance with the approved site plan adopted for this property during the Specific Use Permit process MOTION: A motion was made by Commissioner Heller and seconded by Commissions Bartlemay to approve the final plat as presented. Chairman Fulk questioned the disposition of the trees shown on the plat. Mr. Keener stated that one pecan tree will be removed and replaced by the required landscaping Chairman Falk questioned the decision reached regarding the Butler Drive alignment, and Mr. Petty indicated that this is addressed through the facilities agreement The Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Alpha Self Storage Addition. PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 12 Final Plat Bethany Creek Estates Phase A (Agenda Item IX) Chairman Fulk read the agenda item into the record as follows " FSnal Plat - Consider final plat of Bethany Creek Estates Phase A for D R. Horton Texas, Ltd and the City of Allen, being 49 773 acres of land out of the Simon Burns Survey, Abstract No. 92, in the City of Allen, Collin County, Texas; further described as being located north of Bethany Drive and east of Bethany Lakes Park " Mr. Keener presented the final plat to the Commission. The subdivision contains 160 lots on 49 acres. The City of Allen is a party to this plat because a portion of the City's property is being included. There are 4.31 acres identified as open space dedicated to the City Lot sizes are detailed in the table provided in the Commission packets. Engineering is approved, and City staff recommends approval The zoning requirements are included in deed restrictions to be filed with the County Commissioner Obermeyer complimented the proponent for working with the existing land in a positive manner. MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner Obermeyer, ® the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Bethany Creek Estates Phase A. Vacation of Final Plat Shadow Lakes North Phase B (Agenda Item X) Chairman Fulk read the agenda item into the record as follows: "Vacation Plat - Consider vacation of the Final Plat of Shadow Lakes North Phase B, a 12.1393 - acre tract of land in the John Davis Survey, Abstract No. 255, J. A Taylor Survey, Abstract No. 908, in the City of Allen, Collin County, Texas, filed of record in the Plat Records of Collin County, Number 95-0053607; further described as being located between Main Street and Allen Heights Drive, east of Mustang Branch." Mr Keener presented this request to the Commission. He indicated that this agenda item is followed by a request to adopt a new final plat on this subdivision The purpose of this request is to redraw the lot Imes on 4lots, enlarging 1 lot and reducing the size of 3 lots. The changed lot sizes remain consistent with the zoning on the property Staff has further determined that all front yard building lines satisfy the 50 -foot requirement of the ordinance. Commissioner Heller questioned whether the new Tree Preservation Ordinance would affect this final plat. Mr. Keener stated that there are no trees on this property PLANNING & ZONING COMMISSION JULY 25, 1996 PAGE 14 ADJOURN: MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Heller, the Commission voted 7 FOR and 0 OPPOSED to adjourn the July 25, 1996, meeting at 11:00 p.m. These minutes approved this g day of UM a.u-a 1996. o Ken Fulk, Chairman 0 jZCX7Jii' 3eff 1 / ry 5k54n 84r �'lerngq UIP_ CAail'/nJgh