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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1996 - 11/14 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING November 14, 1996 ATTENDANCE: Commission Members Present: Kenneth Fulk, Chairman Ross Obermeyer Susan Bartlemay (arrived 7.35 p.m.) Pamela Smith Jeff McGregor Jeffery Kelley Bruce Heller City Staff Presen : Tom Keener, Development Coordinator Dan Tracy, Civil Engineer Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A OIIORUM: 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, Allen Library, Two Allen Civic Plaza, Allen, Texas. Consent Agenda (Agenda Item III) Chairman Fulk requested that Agenda Item E be removed from the consent agenda for discussion. MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner Obemieyer, the Commission voted 6 FOR and 0 OPPOSED to approve and adopt all other items on the Consent Agenda as recommended and as follows: A. Approve minutes of October 24, 1996, Regular Meeting. B. Final Plat - Consider Final Plat Approval for R O W Dedication on Bethany Drive, being 4.634± Acres out of the John Snider Survey, Abstract No. 848, City of Allen, Collin County, Texas; further described as being located between Allen Heights Drive and Malone Road. PLANNING & ZONING COMMISISON NOVEMBER 14, 1996 PAGE 2 C Final Plat - Consider Final Plat Approval for R.O.W Dedication for Bethany Drive & Allen Heights Drive, being 4.892± Acres out of the John Snider Survey, Abstract No. 848, City of Allen, Collin County, Texas; further described as being the southeast quadrant of the intersection of Bethany Drive and Allen Heights Drive D Final Plat - Consider Final Plat Approval for R.O.W Dedication of Rivercrest Blvd., being 7 36 acres out of the Lewis Weisel Survey, Abstract No 978 and the Henry Weisel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; further described as being the extension of Rivercrest Blvd. between S.H. 5 and Exchange Parkway Final Plat Sheldon Acres (Agenda Item ILEI Chairman Fulk read the agenda item into the record as follows "Final Plat - Consider Request by Norma Jo Daniel Johnson for Final Plat Approval for Sheldon Acres, being 1 962 Acres in the David Weisel Survey, Abstract No. 977 in the City of Allen, Collin County, Texas; further described as being located at the southwest corner of Main Street (F M. 2170) and Jupiter Road." Chairman Fulk discussed the tree survey with special attention given to the larger (20"+ Pecan trees He asked whether there had been any attempt to use these trees in the landscaping on the property Mr. Jeff Whitten, Pacheco Cook, 9401 LBJ, Dallas, Texas, stated the landscape architect on the project has not made any provisions to save the interior trees. There is a clump of trees along Jupiter that will be saved. He added that all protected trees 6" or larger will be replaced as required by the Zoning Ordinance. Chairman Folk questioned whether any of these trees could be preserved in the landscaping or parking lot? He requested efforts be made toward this end, in order to preserve to 20" and larger Red Oak and Pecans. Mr. Tom Keener discussed the right-of-way dedication included on this plat which will enhance future traffic movement at the intersection. He further discussed the temporary easement located at the northwest corner of the property which will be abandoned at such time as the property to the west develops He stated that the Fire Marshal and City Engineer have reviewed and approved the plat. Mr. Whitten stated that they will review the trees discussed and attempt to save them. MOTION: Upon a motion by Commissioner Smith and a second by Commissioner Obenneyer, the Commission voted 6 FOR and 0 OPPOSED to approve the final plat as presented. PLANNING & ZONING COMMISISON NOVEMBER 14, 1996 PAGE 3 Tabled Item Unprotected Tree List (Agenda Item III) Chairman Folk read the agenda item into the record as follows "Tabled Item - Consider Amendment to List of Unprotected Trees in Section 3 05 of Comprehen- sive Zoning Ordinance No. 1425-5-96 to add Chinaberry Tree." MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor, the Commission voted 6 FOR and 0 OPPOSED to remove Agenda Item III from the table. Mr. Dan Tracy presented a request to add the Chinaberry Tree to the list of unprotected trees. He stated it is a native Florida tree and is spread by birds. It is undesirable and usually small in caliper The larger species are usually shaped somewhat like a bush. The City's arborist was not contacted. Chairman Folk stated that he understood that the majority of this tree is 3-6" in caliper, which would not be protected. Commissioner Obermeyer questioned whether the tree had specific traits that would deem it undesirable; e g., thorns, messy, short-lived. MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Obermeyer, the Commission voted 6 FOR and 0 OPPOSED to table Agenda Item III in obtain to allow staff to obtain an opinion from the consulting Arborist in order to substantiate reasons for adding the tree to the unprotected list. Public Hearing Primeco Personal Communications Chairman Fulk read the agenda item into the record as follows "Public Hearing - Consider a request by Pr'nneco Personal Communications to allow a Microwave Radio Tower by Specific Use Permit, with site plan approval, on the Community Facilities Tract of Planned Development No. 56, being a 0.022 -acre tract of land situated in Abstract 416, John Huffman Survey, City of Allen, Collin County, Texas; further described as being located south of McDermott Drive on Custer Road adjacent to the Custer Hill Addition." Mr. Tom Keener presented the request to the Commission. He stated that the proponent, authorized by the City of Allen as property owner, is requesting a Specific Use Permit for a monopole on the site of the future water tower on Custer Road in Planned Development No. 56. The facility will be disassembled when the water tower is constructed and relocated on the top of the water tower. It will be 125' tall. There will be no auxiliary lighting, speakers, or signs on the pole. When relocated, the prefabricated building will remain. He noted that radio towers are allowed by Specific Use Permit in Community Facilities Districts. Terms and conditions can be attached. No employees will be on site; therefore, no Ltraffic is anticipated. PLANNING & ZONING COMMISISON NOVEMBER 14, 1996 PAGE 4 Public Hearing Primeco Personal Communications (Cont 1 (Agenda Item IV) Chairman Fulk opened the public hearing. Mr William Cothmm, Masterplan, representing Primeco, spoke in favor of the request He provided information regarding the location and need for cellular sites. He stated that Primeco has visited with the City staff regarding their desire to use the future water tower for an antennae when the water tower is built. He added that the monopole is very similar to what you might see used along the highway for lighting, without the lighting fixtures. He indicated that he had brought slides with hum and would appreciate the opportunity to show them Mr. Pat Atkins, Tipton Engineering, representing Custer Hill Ltd. Partners, owners of the property surrounding this tract, with Mr. John Baker, spoke against the request. They are also representing the homebuilders in the area. He reviewed the history of the zoning the project. He stated they have a concern about the intended use of the property The property was zoned in May, 1995, and the dedication of the CF tract was specifically identified for a water tower site. He read portions of the Planned Development ordinance which indicated that the purpose of the CF tract (1.5 acres) was to place the land into public use to provide for future facilities related to public utilities. The 1.5 acres was dedicated to the City with Phase A by deed. The ordinance further states that the dedication is subject to the City's construction of the water tower within two years of dedication, or ownership would revert to the property owner He stated that in May, 1997, the property will revert to Mr. Baker if the water tower is not completed. Their anticipation was that a water tower would be built within the required time, or the property would revert to the owner. The property was identified as a future water tower site only They are concerned regarding their commitment to their builders and homeowners in the area. With no one else wishing to speak for or against the request, Chairman Fulk closed the public hearing. Chairman Fulk discussed the time limit on the use of the property He questioned the timing of the new water tower. Mr. Keener stated that the City Engineer has indicated it would be built within 2 to 3 years. Mr. Dan Tracy stated that the water tower would be 125 to 170 feet in height. Chairman Fulk questioned whether there would be any lighting on the pole. Mr. Cothrum indicated there would no lighting on the pole. It is not tall enough for FAA to require lighting. Commissioner Fulk questioned the wind rating of the tower, and Mr Cotbmm indicated it was designed for 80 MPH winds. Chairman Fulk questioned the distance from the nearest lot and Mr. Atkins indicated that the lots are adjacent to this property, with an alley between. The Commission expressed concern regarding the pole falling on adjacent property Mr. Cothran indicated that the property would accommodate the pole being located in the middle of the property; however, City staff has requested the proposed location in order to facilitate construction of the future water tower I PLANNING & ZONING COMMISISON ■ NOVEMBER 14, 1996 PAGE 5 ` Public Hearing Primeco Personal Communications (Cont.) (Agenda Item IV) The Commission discussed possible ramifications of not building the tower by May, 1997, and the property reverting to Mr. Baker. Mr Baker indicating that he is not interested in committing to a lease with Primeco Commissioner Obermeyer discussed the small building being proposed and whether it would remain after construction of the water tower and relocation of the antennae to the tower. Mr. Cothmm indicated that the small building would remain. Mr. Doug Athas, 5229 N. O'Connor, Primeco, indicated that the location for the budding structure could be adjusted at the time the water tower is constructed. He discussed the right of the company to provide coverage under the Telecommunications Act They are requesting only a temporary structure Commissioner Bartlemay discussed the proposed landscaping. Mr. Cothrum added that there would be no radio interference issues caused by this pole and antennae. He stated they would provide crushed rock for the few times that anyone would need to be on the site. The Commission further discussed the location of the pole on the site Mr. Atkins stated that he and Mr Baker were representing the homebuilders in the area at this meeting. They have indicated to their builders that the property would be used for a water tower. Mr. Baker, 12890 Hillcrest, Dallas, discussed the spirit of the ordinance adopted when the property was zoned. This commitment leads in liability He assumes the City will be asking for an extension of the deed in May, 1997 He discussed the fact that he is installing water lines, etc for the City at this time. He indicated that the ownership of this site might hinge on denial of this request. Mr. Baker indicated that he owns all the property from McDermott to Hedgcoxe, and if the tower is located elsewhere in this area, it will be in the City of Plano. Chairman Fulk questioned the wind rating on the proposed water tower, and Mr. Tracy stated he did not know specifically, but felt it was probably around 100 to 150 MPH. Commissioner Kelley stated that he felt the pole would not be as offensive as a large water tower. He emphasized that this pole will be only temporary Mr. Atkins indicated that their problem was with the original commitment on the dedication of the property He again discussed the reversion of ownership occurring next May Commissioner Kelley questioned the reaction from the builders in the area, and Mr. Baker stated that they were extremely concerned; however, he requested that they not attend this meeting, but advised he would speak on their behalf PLANNING & ZONING COMMISISON NOVEMBER 14, 1996 PAGE 6 Public Hearing Primeco Personal Communications (Cont,) (Agenda Item IV) Commissioner Bardemay indicated that the Zoning Ordinance indicates this type of tower is allowed by Specific Use Permit. Commissioner McGregor stated that he agrees the antennae should be on top of the water tower, and expressed concern regarding the May, 1997 date. He questioned whether Primeco was aware of this date. Mr. Athas indicated that he understood that the property had to be used for a utility facility within two years. He felt the right thing to do was to put up a temporary stmcture and move to a permanent structure when the water tower is erected He is willing to take a chance in May Mr. Keener indicated that he does recall a concern on the part of the property owner (C. W Kendall) at the time of zoning as to whether the property would ever develop as a water tower. Commissioner McGregor questioned whether the property would in fact revert to Mr. Baker in May It was suggested that this request be tabled until it was determined whether the land might revert to Mr. Baker in May Commissioner Ohermeyer requested an opinion from the City Attorney as to this issue. He further requested feedback be solicited from the homebuilders. Mr. Baker indicated he has researched this question of ownership and he asked the request not be tabled, but denied. He requested this because it is his feeling that the City will be asking for an extension in May, 1997 Chairman Fulk questioned whether City staff had reviewed the warranty deed, and Mr Keener stated that in his opinion the City owns the property in the clear. Chairman Falk indicated that the Commission was considering the Specific Use Permit for a monopole radio tower, and if there was not an ownership situation on the property, he would feel the request was appropriate; however, would prefer to stipulate that any lighting would need to be approved by the Commission. He suggested the use might be limited to a specific time; possibly two years. He was also concerned as to whether the City is actually going to build a water tower on this site. Mr. Keener encouraged the Commission to make a decision based on the land use and legal issues should be handled administratively Chairman Falk suggested that the highest and best use of the property should be considered, and that this use was deemed appropriate in a CF tract when the Zoning Ordinance was reviewed in the recent past. Mr. Baker agreed that the Commission was addressing the land use. The zoning on this property includes a reversionary clause, however, and he asked staff to tell him that by May, 1997, a water tower facility will be built on this site. Mr Keener stated that there will not be a water tower on the site by May of 1997 Commissioner Bardemay indicated she felt the temporary nature of the radio tower would be appropriate on this site. I PLANNING & ZONING COMMISISON NOVEMBER 14, 1996 PAGE 7 Public Hearing Primeco Personal Communications (Cont.) (Agenda Item IV) Commissioner Kelley discussed the possibility of placing the pole in the middle of the site, and Mr. Tracy indicated that the tap from the water line to the property is in the middle of the property; he suggested that 15 feet off center would be an appropriate location. Commissioner Obermeyer questioned the northwest comer of the property It was noted that homes will be located all around this site. Commissioner Kelley discussed the need for the cellular service in this area, and the fact that the Zoning Ordinance indicates CF tracts to be appropriate locations for these services. The construction of the future water tower will be much more massive than this tower. Mr. Baker discussed the fact that the City will be receiving monetary gain as a result of this lease. He discussed the long-range development process Mr Baker indicated that he accepted the notification on this request. Commissioners Obermeyer and Kelley stated that they would be more comfortable if this request were tabled in order to research the zoning documents and to afford a further opportunity to hear from the homebuilders. a Commissioner Smith stated she would like to request an opinion from the City Attorney regarding the Zoning Ordinance text regarding reversion of the property She would like to research the zoning ordinance as well as the best use of the land She feels there are missing pieces to the request that she would like to research before voting on the request. Commissioner Bartlemay, indicated that she felt the Commission should only consider the best use of the land and was against tabling the issue. Commissioner McGregor indicated he prefers to table the request He questioned whether construction of this type of pole was the intent of the zoning documents. He discussed the fact that the Commission is not only a zoning body, but also a planning body He feels that in planning for the future of the City, a short term gain might cause long term problems Commissioner Obermeyer stated he preferred to table the request. He indicated that the monopole does not appear to be a problem, but would like to gather further input. Mr. Keener stated that ownership should have nothing to do with determining the highest and best use of the property Commissioner McGregor further indicated that he would appreciate the opportunity to review the minutes of the zoning meeting. The Commission requested copies of the planned development ordinance and minutes of the Commission and Council meetings when this case was considered. PLANNING 8, ZONING COMMISISON NOVEMBER 14, 1996 Public Hearing PAGE 8 Pr meco Personal Communications (Cont.) (Agenda Item IV) MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Smith, the Commission voted 6 FOR and 0 OPPOSED to table Agenda Item IV and direct staff to provide additional documents of the previous zoning request on this property Preliminary Plat Bethany Creek Estates III (Agenda Item V) Chairman Fulk read the agenda item into the record as follows: "Preliminary Plat - Consider a Request by Gehan Homes for Preliminary Plat Approval for Bethany Creek Estates III, being 48 975 acres out of the Simon Burns Survey, Abstract No. 92, City of Allen, Collin County, Texas; further described as being located north of Bethany Drive between Malone Road and Bethany Creek Estates I and II." Mr. Keener presented the preliminary plat to the Commission He provided and discussed the development plan which includes the area of this preliminary plat and Bethany Ridge Estates. This has been reviewed and approved by the City's traffic analyst, Barbara Leftwich He reviewed the proposed collector system. He discussed the fact that statements appear on the preliminary plat regarding required turning radius easements to be obtained from Dr Mason and an additional easement to be obtained from Dr. Mason in order to facilitate the construction of Bethany Drive across that property Mr. Keener indicated that the Fire Marshal and City Engineer have reviewed and approved this preliminary plat. The Commission discussed the collector system and the width of certain rights-of-way They discussed the location of the alleys and the need for a temporary tum -around on Lot 25, Block D. Mr. Keener indicated that lot size calculations were submitted and reviewed All lots exceed the required minimum. Density is appropriate A tree survey was included for the Commission's review He added that the dedication of the water tower on this property will be made on the next phase of development. The majority of the trees are Bois D'arc and Hackberry Trees will be preserved when it is possible to do so. Discussion was held regarding the length of the alley at the north of the property Commissioner Kelley suggested proposing a temporary mm -around for the southern alley exit tied into the temporary tum -around at the eastern end of Pine Bluff. MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner Bartlemay, the Commission voted 6 FOR and 0 OPPOSED to approve the Preliminary Plat for Bethany Creeks Estates III subject to the installation of two temporary tum-arounds east of Maplewood and north of Pine Bluff. 0 PLANNING & ZONING COMMISISON NOVEMBER 14, 1996 PAGE 9 Preliminary Plat Bethany Ridge Estates (Agenda Item VD Chairman Fulk read the agenda item into the record as follows: "Preliminary Plat - Consider Preliminary Plat Approval by Irene Haggard Bedell for Bethany Ridge Estates, being 30 55 acres out of the John Snider Survey, Abstract No. 848, City of Allen, Collin, Texas; further described as being located south and east of the intersection of Bethany Drive and Allen Heights Drive." Mr. Keener presented the preliminary plat to the Commission. The property is zoned R-7, which allows for 5,000 s.f. lots. The lots proposed exceed the minimum requirements. There are 99 lots, which is a decrease in density from the required zoning. A temporary tum -around will be provided until the adjacent subdivision is constructed. The plan contains the 4.6 acres for the City park. The Fire Marshal and City Engineer have reviewed and approved the plat. The Commission discussed the location of alley exits and it was concluded that the two exits onto Bedell from the east should be mined to Bonnie Ct. Chairman Falk noted that the tree survey was reviewed. The apparent fence row trees on the eastern edge of the property is located in the rear of lots. It was discussed whether this was a fence row, defined by the ordinance as being along a property line. The Commission concluded that this was not in fact a fence row as defined by the ordinance MOTION. Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor, the Commission voted 6 FOR and 0 OPPOSED to approve the Preliminary Plat for Bethany Ridge Estates, with the revision to the alley design moving two alley exits from Bedell to Bonnie Ct. OTHER BUSINESS: Ms. Leeper reminded the Commissioners of the December 10th Appreciation Dinner. Commissioner McGregor discussed the proposed access to the new Anderson School The Commission discussed a desire to contact the City of McKinney regarding the strobe lights recently erected. Ms. Leeper indicated they should contact the Engineering Department at the City of McKinney The next agenda will include the item tabled at this meeting (Primeco) as well as two public hearings (Standridge property and the southeast comer of Malone/Stacy). Chairman Fulk requested that the tentative agendas appear as an item on future agendas. Chairman Fulk reviewed the Zoning Ordinance requirements which eliminated site plan review by the Commission and Council in planned developments He indicated that the Commission has given up an ability to review site plans with respect to the trees. He suggested that this issue be reviewed again. Staff discussed the fact that this would only affect those site plans within planned developments and would delay PLANNING & ZONING COMMISSION November 14. 1996 Page 10 the development process 60 to 90 days. The consensus of the Commission was that this was appropriate as it is and would not be revisited at this time. MOTION: Upon a motion by Commussioner Obermeyer and a second by Commissioner Smith, the Commission voted 6 FOR and 0 OPPOSED to adjourn the November 14, 1996, meeting at 11.10 p.m. These minutes approved this /Aday of ,4a--, , 1996. Ken Fulk, Chairman 0 PLANNING & ZONING COMMISSION November 14, 1996 OTHER_ BUSINESS. Page 9 The next agenda will mclude a zoning request on the southeast corner of Malone Road and Exchange Parkway MOTION. Upon a motion by Commissioner Heller and a second by Commissioner McGregor, the Commission voted 6 FOR and 0 OPPOSED to adjourn the December 12, 1996, meeting at 11:05 p.m. These minutes approved this % day of , 1997 244 -11g Ken Fulk, Chairman Ross CKeiFneyer, Secretary I E