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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1996 - 08/08 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING August S, 1996 / WYaIV1712161 Commission Members Present Kenneth Fulk, Chairman Ross Obermeyer Susan Bartlemay (arrived 7'35 p.m ) Bruce Heller Pamela Smith Jeff McGregor Commission Members Absent Jeffery Kelley 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 Fulk at the City Council Chambers, One Butler Circle, Allen, Texas Consent Agenda (Agenda Item Ill MOTION, Upon a motion by Commissioner Obermeyer and a second by Commissioner Smith, the Commission voted 5 FOR and 0 OPPOSED to approve and adopt all items on the Consent Agenda as recommended and as follows: A. Approve minutes of June 27, 1996, Regular Meeting I PLANNING & ZONING COMMISSION AUGUST 8, 1996 PAGE 2 Tabled Item Irene Haggard Bedell (Agenda Item III) Chairman Falk read the agenda item into the record as follows "Tabled Item - Consider request by Pat Atkins, Tipton Engineering, for Irene Haggard Bedell for zoning on 163.08 acres of land, being a part of the John Snider 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." MOTION. Upon a motion by Commissioner Heller and a second by Commissioner Obermeyer, the Commission voted 5 FOR and 0 OPPOSED to remove Agenda Item III from the table. Mr. Bill Petty presented the changes to the request to the Commission. He indicated that the shopping center has been reduced to 13.2 net acres, the park, with a 400 -foot depth, is 4.6 acres net. The cap on the R-7 tract is 135 units, and on the R-5 tract is 427 units. He stated that the 48 -acre corner will be maintained by the shopping center owners, restricted in use to signage only for the shopping center Mr. Petty presented the new development standards, and indicated that a letter of agreement has been signed and executed to accomplish specific standards for the park. He reviewed the development standards submitted as an amendment to the request They include: 1. City will waive future park fees in lieu of dedication of the park. The park will be a minimum depth of 400 feet. 2 The Shopping Center tract will be responsible for construction of a public access drive at the time of final platting. 3 The Shopping Center tract will construct the eastern half of Allen Heights along the Shopping Center and flood plain tracts. The residential tract is responsible for Bethany 4. The 48 acres at the corner will be restricted to signage use only 5. The R-5 tract is restricted to a maximum 427 units, and the R-7 tract is restricted to a maximum 135 units. 6. The right-of-way for Bethany and Allen Heights will be platted and dedicated to the City within 30 days after zoning is approved. The park will be platted with the first phase of residential development Mr Petty indicated that this revision represents a reduction in units from being over the Comprehensive Plan by 164 units to 88 units Mr. Pat Atkins, Tipton Engineering, indicated that the proponent is in agreement with the proposed development standards. PLANNING & ZONING COMMISSION AUGUST 8, 1996 PAGE 3 Tabled Item Irene Haggard Bedell (Cont.) (Agenda Item HI) Commissioner Bartlemay indicated that the proponent has made a very positive attempt to amend the proposal. Commissioner Smith questioned whether the Parks Department is satisfied with the arrangements regarding the park site and Ms. Savage indicated that the Park Board has reviewed the submission and is in agreement. Commissioner Smith questioned the specifics regarding the hike and bike trail, and Mr. Petty indicated that the hike and bike trail is a requirement of the Subdivision Ordinance and will be constructed according to those restrictions Mr. Petry further indicated that the site plan included in the packet was for information only, and not a part of the submission. This will not be forwarded to the Council as a part of the request. Chairman Falk discussed issues relating to the fact that the request is for straight zoning, and does not represent a planned development (PD) He noted that in most cases, the development standards attached would have been appropriate for PD zoning. Mr. Petty indicated that the zoning on this property will be indicated with a (C) designation to represent the fact that Conditions have been attached. The off-site requirements of the construction of Bethany were discussed. El Commissioner Heller requested that if there were citizens in the audience that wished to speak that they be allowed to do so at this time. Chairman Fulk offered this opportunity, and Mr. Kenneth Bolin stated that he feels the request is positive and was in favor it. The zoning of Heritage Park to the west was discussed. It is primarily 5,000 square foot lots from just south of Bethany Drive to Chaparral. It is a part of PD No. 22. The construction standards for the public access drive along the park to the shopping center were discussed. It is noted that this will serve emergency vehicles The City Engineer indicated that there were no problems with infrastructure in this area. The Commissioners indicated that they were not comfortable with the density, though it was mentioned that the request is compatible with the surrounding zoning, and the Parks Department is satisfied with the park dedication. MOTION: A motion was made by Commissioner Bartlemay and seconded by Commissioner McGregor to approve the request as amended by the revised Development Standards. The Commission voted 3 FOR and 3 OPPOSED, and the motion died. I PLANNING & ZONING COMMISSION C AUGUST 8, 1996 PAGE 4 Tabled Item Irene Haggard Bedell (Cont.) (Agenda Item 1I1) Discussion followed, and Mr. Atkins questioned what the specific concerns are The consensus of the Commission was that the concern was the density After further discussion of the desire to reduce the density, Mr. Atkins suggested a maximum number of units on the R-5 of 403 (a reduction of 24) and a maximum number of units on the R-5 of 120 (a reduction of 15). MOTION: Upon a motion by Commissioner Obermeyer and seconded by Commissioner Bartlemay, the Commission voted 6 FOR and 0 OPPOSED to approve the request for the Bedell Tract as submitted with the additional change to the units in R-5 of 403 and R-7 of 120. Request to Appear (Agenda Item IV) Chairman Falk read the agenda item into the record as follows: "Request to Appear By Mr. Nasir Odza to determine need to allow Garage, Auto Repair in Shopping Center District." Mr. Orin was not present to appear before for Commission and no action was taken. Comprehensive Zoning Ordinance (Agenda Item V) Chairman Falk read the agenda item into the record as follows: "Consider Recommending Language Consistent with City Council Direction Addressing Section 3.05 of the Comprehensive Zoning Ordinance Regarding: A. Tree credits to be considered toward landscaping requirement. B. Tree credits to be considered toward tree removal. C. Central Business District overlay D Process for future identification of additional trees to be added to the unprotected list E. Visual examples of application of tree credits. F Time frame for replacement of trees. G. Method for adjusting tree credits when tree is determined to have been diseased after cutting." Chairman Falk discussed text he had prepared based on the discussions at the August 1st Council meeting. This text addresses unprotected trees, and provisions for new and unlisted unprotected trees. It includes text regarding credits toward landscaping. He indicated that all of the landscape requirements should not be satisfied with credits. I PLANNING & ZONING COMMISSION AUGUST 8, 1996 Comprehensive Zoning Ordinance (Cont.) PAGE 5 (Avenda Item V) Commissioner Obermeyer indicated that he understood that 50% of the landscaping requirement could be satisfied by credits Mr. Petty indicated that the City Council's question referred to the larger trees and how credit would be given for them. He added that he understood that the Council had requested a 50% cap on the credits on the larger trees The Council requested a separate section allowing credits toward tree removal. Commissioner Bartlemay stated that she appreciated the work that Chairman Fulk has done, but added that the City Attorney needs to interpret this ordinance, or give a legal opinion as to the necessary wording. Staff indicated that the City Attorney has reviewed and approved the proposed changes. Mr. Petty suggested that a solution could be to allow inch -for -inch across the board for tree removal and landscape requirements Commissioner Obermeyer indicated that he believes the Commission is able to address the questions the City Council had. Commissioner Heller questioned the background for the request to change the ordinance. Mr. Petty stated that he received this request after discussions between the Council and the City Manager He reviewed Items A through G, from the agenda, that the Council requested the Commission to review He added that Mayor Joe Farmer had stated that if you are removing trees, you will get credit toward those you save. Discussion was held regarding the issues the Council requested consideration for as follows: A. Tree credits to be considered toward landscaping requirement. Text is recommended as follows "D Tree Preservation Credits - For every healthy tree (6" caliper or larger) located outside of the flood plain that is preserved, the developer shall be given one inch (1") credit for each one inch (1") of tree that is preserved toward the landscaping requirement. However, trees that are required in the parking area shall not be credited, except for existing trees that are located in the parking area which are adequately preserved. Only trees in good condition having been protected in accordance with the Tree Protection Guidelines shall be considered for credit. A maximum credit of one-third of the required landscape trees shall be allowed per site. Credits for trees 12.1" caliper or greater can exceed the maximum one-third limit to a maximum of one-half of the landscape tree requirements. Healthy unprotected trees, over 12" in size, located outside the flood plain, may be considered for tree credits only when individually field inspected and approved by a designated representative of the City of Allen. For healthy protected trees saved, credits shall be given according to the following chart.