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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1997 - 03/13 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING March 13, 1997 Commission Members Pr sent Kenneth Fulk, Chairman Susan Bartlemay Pamela Smith Ross Obermeyer Commission Members Absent Jeff McGregor Jeffery Kelley Bruce Heller City Staff Present: Marcie Diamond, Senior Planner George Conner, Director of Public Works Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A OIJORIJ With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:35 p.m. by Chairman Fulk at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. I PLANNING & ZONING COMMISSION MARCH 13, 1997 PAGE 2 Consent Aeenda (Agenda Item III) Chairman Folk read the consent agenda into the record as follows "A. Approve minutes of February 27, 1997, Regular Meeting. B. Final Plat - Consider Replat approval for Allen Business Centre Tract Al, being 2 518 acres of land located in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located at the northeast comer of Bethany Drive and Prestige Circle." Chairman Fulk requested that Consent Agenda Item A, minutes of February 27, 1997, meeting, be removed from the consent agenda. MOTION: Upon a motion by Commissioner Smith and a second by Commissioner Obermeyer, the Commission voted 4 FOR and 0 OPPOSED to approve Item ILB from the Consent Agenda as recommended, being the Final Plat for Allen Business Centre Tract AI Minutes February 27. 1997 (Agenda Item ILA) Chairman Fulk read the agenda item into the record as follows: "Approve minutes of February 27, 1997, Regular Meeting." Chairman Fulk noted that a statement should be added on page 3 indicating that he did not believe construction of a club house was allowed in open space. Chairman Falk noted that the word "might be conditional" on page 4 should be changed to "should be conditional." Chairman Falk noted that on page 4 it should be stated that he had requested original summaries of Traffic Impact Analyses in future packets, along with the City's traffic consultant's analysis. Chairman Fulk noted that on page 6 it should be stated that discussion was held indicating that a revised preliminary plat should be on the next agenda. He added that he does understand that there may be a technical problem with submission of the plat due to the pending zoning request. MOTION* Upon a motion by Commissioner Obenneyer may and a second by Commissioner Bartlemay, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of February 23, 1997, as corrected. 1, PLANNING & ZONING COMMISSION MARCH 13, 1997 PAGE 3 Final Plat Allen Educational Park (Agenda Item III) Chairman Fulk read the agenda item into the record as follows: " Mr al Plat - Consider Final Plat approval of Allen Educational Park, being 177 745 acres of land located in the Lewis Weisel, Survey, Abstract No 978, Henry Weisel Survey, Abstract No. 1026, James L Read Survey, Abstract No 758, and Peter Weisel Survey, Abstract No. 990, City of Allen, Collin County, Texas; further described as being located west of S.H. 5 and south of Exchange Parkway " Ms. Marcie Diamond presented the request to the Commission. She stated that the flood plain indicated on the plat will be that line as determined by the Morrison Study rather than the FEMA Study She stated that staff recommends approval of the plat. Chairman Fulk indicated that the packet did not include engineering approval. Mr. George Conner stated that the engineering approval was not available at the time the packet was prepared; however, it has been granted at this time. Ms Diamond stated that the flood plain is shown as an easement, and is not being dedicated at this time There is an agreement between the AISD and the City that it will be dedicated at a later date if desired by the City In response to Chairman Fulk's inquiry, she advised that the Subdivision Ordinance states that the flood plain "should" be dedicated to the City Chairman Fulk questioned whether a tree survey has been submitted, and Ms. Diamond stated that staff has received a tree survey Mr. Conner indicated that he has reviewed the tree survey on the entire project. A tree removal permit had previously been issued on the eastern portion for construction of a utility line. The Commission expressed concern that the tree survey was not included in their packet and directed staff that the Commission should be provided with copies of the tree surveys. Commissioner Smith questioned whether a traffic study has been completed. Ms. Diamond stated that a study has been completed, but was not a part of the platting process. MOTION Upon a motion by Commissioner Bartlemay and a second by Commissioner Smith, the Commission voted 4 FOR and 0 OPPOSED to approve the final plat for the Allen Educational Park. I i I PLANNING & ZONING COMMISSION MARCH 13, 1997 PAGE 4 Tabled Item Custer/Hedgcoxe. L.L.C.(Agenda Item fV) Chairman Fulk read the agenda item into the record as follows: "Tabled Item - Consider a request by Custer/Hedgcoxe, L.L.C. to zone 25.573 acres of land located in the John Huffman Survey, Abstract no. 416, City of Allen, Collin County, Texas, from Agriculture -Open Space to Planned Development zoning with single-family residential uses." Chairman Fulk stated that a letter had been received from the proponent requesting that this item remain on the table and no action was taken. Public Hearing Custer Road/S. H. 121 (Agenda Item V) Chairman Falk read the agenda item into the record as follows: "Public Hearing - Consider a request by United Commercial Development Corp. to zone 23.315 acres of land located in the Shadrick Jackson Survey, Abstract No 489, City of Allen, Collin County, Texas, from Agriculture -Open Space to Corridor Commercial; further described as being located at the southeast corner of S.H. 121 and Custer Road." Ms. Diamond presented the request to the Commission. She stated that the 5 t acres of right-of-way for S.H. 121 will be dedicated to the State. The proponent is requesting Corridor Commercial zoning, which is in conformance with the Comprehensive Plan design for Special District L A traffic study has been submitted and reviewed. At the time of platting, additional right-of-way may be required for Rowlett Road or other roads and intersections. Mr. Bill Winkelman, 12800 Hillcrest, Dallas, indicated he was available for questions. Chairman Fulk opened the public hearing. With no one wishing to speak for or against the request, Chairman Folk closed the public hearing. Chairman Falk questioned whether there were trees along the periphery of this tract and Mr. W inkelmann stated that the only trees would be located along the east side of the tract near the home. He added that they agree to make any street or intersection improvements as needed and recommended by the traffic consultant at the time of platting. Chairman Folk questions comments in the traffic review regarding Rowlett Road and Ms. Diamond responded that Rowlett Road is not currently on the Thoroughfare Plan; however, this roadway will be part of the discussion in a future zoning case regarding property to the south. MOTION: Upon a motion by Commissioner Smith and a second by Commissioner Obermeyer, the Commission voted 4 FOR and 0 OPPOSED to approve the request for Corridor Commercial zoning and implement the traffic consultant's findings at the time of platting. PLANNING & ZONING COMMISSION i MARCH 13, 1997 PAGE 5 Public Hearing Custer Road/S.H. 121 (Cont) (Agenda Item V) FINDINGS: 1 The request is in conformance with the Comprehensive Plan. 2. The request is compatible with adjacent land uses. 3 The Traffic Impact Analysis has been considered in the proposed submission, and the proponent is willing to make modifications as required Public Hearing Tomlin Properties (Stacy/Malone) (Agenda Item VI) Chairman Folk read the agenda item into the record as follows "Public Hearing - Consider a request by Tomlin Properties to zone 57 703 acres of land located in the J. J. Miller Survey, Abstract No. 609, City of Allen, Collin County, Texas, from Agriculture -Open Space to Planned Development -Shopping Center and Planned Development - Residential; further described as being located at the southeast corner of Stacy Road and Malone Road." Ms. Diamond presented the request to the Commission. The traffic study has been prepared that identifies Malone Road with at least 4 lanes. The request includes the right-of-way for 6 lanes to accommodate any future realignment of FM 2551 She stated that the density is above that recommended by the Comprehensive Plan by 71 units. The area has been planned for very low density Goodman Drive is currently an unimproved road serving an existing County subdivision to the east (Faiimeadow Estates). The road is a part of this land owner's property, and is dedicated as an access road and utility easement. The applicant has offered to dedicate this as a public road and rebuild it to City standards if he has access to it from this proposed subdivision. An alternative option is for the property owner to not dedicate the land, it would remain an easement, and the proposed subdivision would not use it for access. Chain= Fulk questioned the realignment of F.M. 2551 to Malone and Ms. Diamond reviewed this issue with the Commission. She indicated that meetings have been held with all the property owners in this area, input has been received from the School District, regarding the possibility of realignment of FM 2551 whereby it would curve to the west and replace Malone somewhere north of Rivercrest Blvd. and south of Exchange Parkway She added that Allen Heights will probably also be realigned to the west of its present location on the Thoroughfare Plan. Mr Dan Tomlin, 111, owner of the property, and his engineer, Robert Porter, Cummings & Pewitt, spoke to the Commission. Mr. Porter stated that they would be willing to dedicate Goodman Drive to the homeowners to the east if they have a homeowners association to maintain it. They would agree to dedicate it to the City if the City would accept the maintenance, and not use it for access to their subdivision. A third option would be to leave it as an easement and not make connection to it. PLANNING & ZONING COMMISSION i MARCH 13, 1997 PAGE 6 Public Hearing Tomlin Properties (Stacy/Malone) (Cont) (Agenda Item VI) Chairman Fulk questioned whether the required open space is shown, and what the intentions are for that space. Mr. Porter indicated that the open space lot along Malone is intended to be a community center, consisting of a recreation room and a club house building. Chahmau Fulk opened the public hearing. The following persons spoke for or against the request Gene Scott, 1804 Greenmeadow Circle, Allen, TX 75002, spoke representing the Fairmeadow, residents. They do not have an homeowner's association. There were 9 residents of Fairmeadow accompanying Mr. Scott, and he presented an affidavit from Mark and Rosemarie Tuck. Mr. Scott provided copies of the MAPSCO page showing their subdivision adjacent to the request. He stated they are not opposed to development or to the request, but would like to see some modifications. There are 13 homes in their subdivision. Lot sizes range from 1'k to I 1 acres, with one property 7 acres, one I1 acres, and one 4 acres. There is one home per lot. Their only access is via Goodman Drive. They have maintained this easement themselves through the years with small equipment. They are concerned that the property should develop consistently with their development. They are asking for the following nems: L Density be two homes per acres, with a maximum of 3. 2. The minimum house size be raised from 1600 to 2000 square feet. The City be directed to involve them in the platting process. They have concerns regarding access, drainage, etc. They would like to work with the proponent regarding Goodman Drive Commissioner Smith asked Mr. Scott his preference regarding the use of Goodman Drive by the proposed subdivision. Mr Scott stated that his preference would be that it be dedicated to the City with access allowed by the proposed subdivision through this sheet. He has no problem with the street being used by the new development. This was his personal opinion, however, and not necessarily that of his neighbors. At this time he questioned his neighbors that were in attendance, and they indicated that they all agreed with his opinion regarding Goodman Drive Scott Carpenter, 701 Forest Oaks Drive, Fairview, stated he objected to the request for Shopping Center at this location. He feels it is not consistent with the Town of Fairview or other areas in the City of Allen. He requested it be removed from the plan. David Link, 835 Stacy Road, Fairview, and Mayor of the Town of Fairview, spoke to the Commission regarding the Fairmeadow Addition status of being once in the Town of Fairview and later in the City of Allen's Extra Territorial Jurisdiction. This was a matter of straightening the boundaries between the two jurisdictions. He added that they serve that subdivision with water, and will continue to do so as long as necessary He spoke on behalf of a number of citizens and not as Mayor. They are concerned about the density of this area and the increases from the Comprehensive Plan They are opposed to the Shopping Center and high density He expressed concern regarding traffic impact at the intersection of Malone and Stacy He added that they appreciate the intended open space in the development, but would expect to see PLANNING & ZONING COMMISSION MARCH 13, 1997 PAGE 7 Public Hearing Tomlin Properties (Stacy/Malone) (Cont.) IAgenda Item VI) 15% to 20% of open space He stated he does not believe the infrastructure is in place to support this development. Mr. Conner indicated that water would be required to be brought to the site by the developer. Fred Sunondson, 731 River Oaks Drive, Fairview, a member of the Planning & Zoning Commission, spoke in opposition to the density and the shopping center. Bob Lindner, 840 Timberwood, Fairview, stated the request is not compatible with his development He is opposed to the shopping center and the density Joseph Hall, 1470 Meandering, Fairview, a member of the Planning & Zoning Commission, spoke in opposition to the density and the shopping center. He does not feel the shopping center would be a viable business at this location. Don Phillips, 541 Ashwood Lane, Fairview, stated he would like to see the zoning remain as stated in the Comprehensive Plan to be compatible with the Fairview subdivisions. He stated he did not feel the shopping center would be viable at this location; but might be at the intersection of Stacy and S.H 5 Pat Loria, 1600 Goodman Drive, spoke against the density and the size of homes. With no one else wishing to speak For or Against the request, Chairman Folk closed the public hearing. Chairman Fulk stated that the request is for a planned development, and discussed reasons for requesting planned development zoning. He discussed the fact that the mmimum house size does not mean that this is the product that will be built; it represents a minimum only He discussed the need for the proponent to dedicate the 120 feet of right-of-way for Malone/F.M. 2551. The existing Comprehensive Plan does show that this property should be developed as very low density, with shopping center at the comer. He stated that the shopping center would not be developed as a "strip," but rather comer retail. With regard to participation of the residents of Fairmeadow Addition in the platting process, he stated that they are welcome to participate in this issue. Gene Scott again requested that they be notified of this process so that they can be involved. Commissioner Obenneyer questioned the availability of water to this subdivision Mr. Conner stated that the City is requiring any developer to provide water to a development site In this instance, it would be brought from the Stacy Road Pump Station at S.H. 5. It may be required in the future to be brought north from Exchange and be looped. When the commercial develops, the water line would be brought to Goodman Drive. I PLANNING & ZONING COMMISSION MARCH 13, 1997 PAGE 8 Public Hearing Tomlin Properties (Stacy/Malone) (Cont) (Agenda Item VI) Commissioner Smith asked Mr Conner whether he was favorable to the dedication of Goodman Drive to the City, and Mr. Conner responded that he felt it would be in the best interest of the City of Allen to upgrade the road and have it dedicated to the City He was, however, willing to accept it not being dedicated to the City if it remains as a service road to the Fainneadow Addition only Mr Conner discussed background regarding Buckingham Lane. Commissioner Bartlemay indicated that she is sympathetic with the concerns regarding commercial development; however, it is a part of the Comprehensive Plan. She is concerned about the density She stated that going from a density of 2 1 to 3.8 is far too large an increase. Commissioner Obermeyer stated that he is in agreement with the commercial, and indicated that the comer to the west is also commercial. He is concerned about the density He is comfortable with the Goodman Drive issue. Commissioner Smith commented that the Comprehensive Plan allows for the commercial at this location, and also indicated that the property to the west is currently zoned commercial. Her specific concerns are: 1. Goodman Drive. 2. Density of 77% over Comprehensive Plan, too excessive. 3. Impact of additional density on AISD 4 Open space utilization Chairman Fulk stated that he is not concerned about the minimum house size and feels that 1600 square feet is appropriate. He discussed issued related to the Thoroughfare Plan. He is concerned about possible future changes to the Thoroughfare Plan. He feels a traffic engineer needs to review this issue with regard to FM 2551 and Malone. With regard to Goodman Drive, he feels it is important to maintain access to the proposed subdivision through Goodman Drive for the safety and fire fighting ability to Fairmeadow Addition. He had a concern regarding density; however, he mentioned that consideration needs to be given for dedication of right-of-way and open space He added that the density is too high at this time. His concern regarding open space is that it should be one contiguous piece of property, and not located adjacent to the shopping center The piece currently along Malone should be moved away from the major thoroughfare. Open space should not be used for buildings. It can be used for pools, tennis courts, and other open recreation areas. Mr. Robert Porter stated that they would improve Goodman Drive and dedicate it to the City Regarding the open space, it was intended to be a buffer between residents to the east and the shopping center; however, they would agree to move it to the center of the tract. They are dedicating the 120' right-of-way for the future 6 -lane F.M. 2551. He added that the shopping center tract is shown in the Comprehensive Plan. With regard to the density, the request is 3.4 units per acre, based on gross acreage. He stated that PLANNING & ZONING COMMISSION MARCH 13, 1997 PAGE 9 Public Hearing Tomlin Properties (Stacy/Malone) (Cont.) (Agenda Item VI) the homeowner's association would like to build a community center and they would do this above and beyond the open space requirement. Commissioner Obermeyer requested that the proponent address the density issue. Mr. Porter stated that the lots will average 8,050 square feet He stated that the road system will support this density, and that the property to the west is zoned R-5, with 7,500 square foot lots. He does not see this density as a problem. He offered to reduce the density to 3 2 units per acre, which would be 155 units, rather than 165. The Neighborhood Planning Area indicates 2.2 units per acre. Mr. Dan Tomlin III indicated that his homes in the Allen North Addition range in size up to 4,000 square feet. He stated that the product proposed is consistent with the market and cost of paving. He agreed to a density of 3.2 units per acre. Chairman Fulk discussed the Comprehensive Plan and adjustments for right-of-way and open space, which would allow for approximately 115 units, which represents the request as being 40 lots over the Plan. Mr. Tomlin requested that the agenda item be tabled for further consideration. The Commission noted the following issues, 1. Goodman Drive has been considered 2. Fire fighting capabilities will be improved. 3. Open space is gained. 4 City will gain right-of-way for F M. 2551/Malone Road. 5 Necessary road construction will be accomplished. 6. Density issue needs to be considered further. MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Bardemay, the Commission voted 4 FOR and 0 OPPOSED to table Agenda Item VI I PLANNING & ZONING COMMISSION MARCH 13, 1997 OTHER BUSINESS. PAGE 10 Ms. Diamond discussed the definition of open space. She stated that it appears reasonable to allow open recreational activities to be developed in the open space areas. There is a question as to the use of structures Chairman Folk stated that in the past open space has not been platted with building lines, etc., which would indicate that structures could be built He read a definition of open space from a book published by the American Planning Association entitled THE ]OB OF THE PLANNING COMMIS- SIONER. He stated that he strongly supports passive recreation usage of open space, but does not support the construction of buildings and structures. Acceptable uses would be swimming pools, tennis courts tot lots, open pavillions, where the land remains 'open" with no roof. Ms. Diamond questioned the use of an accessory cabana adjacent to a pool. Commissioner Obermeyer indiated that the cabana would be considered an accessory use, and would not be the primary use, and therefore would be acceptable as open space The Commission discussed the issue of open space in the planned development being intended for use by the homeowners in this subdivision. The Commission discussed administrative issues relating to the need to remove the minutes from the consent agenda in order to discuss them. Ms Diamond reviewed the tentative agenda. It will include two tabled items from this agenda MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Smith, the Commission voted 4 FOR and 0 OPPOSED to adjourn the March 13, 1997, meeting at 9:50 p.m. �� These minutes approved this v?� day of it„cZ--� 1 1997 en Fulk, Chaima n Ro bermeyer, Secretary I Mark S. Tuck Planning and Zoning Commission Allen, Texas 12 March, 1997 Subject: Tomlin Property (as bounded by Stacy Rd on the North, Malone Rd on the West, and Goodman Rd. on the East) Zoning Case Z11/13/96-57(Tomlin) Dear Sir(s), As property owners both in Allen and in the (Allen) Extra -Territorial Jurisdiction, ETJ, we are concerned with the proposed re -zoning of this property from Agricultural to what we consider high-density residential. Due to the sizes of the homes that are built already (and being built today) on the East, South and North of this property, we feel that the proposed housing density is too aggressive. Therefore, we offer the following counterproposal,. 1 ) Two lots per acre instead of the 3.4 currently proposed, 2 ) That minimum size house be increased to 2,000 square feet, and 3 ) that we, Fair Meadows residents, be included in the future planning, access, and infrastructure development of this property While there are many, many more concerns about how this property will be developed, these three issues are the top priority for us. City boundaries sometimes seem like hard and fast lines, but, we must all be concerned with our neighbors and how we mesh together and blend in. By working together, we can develop a plan which ensures smooth transitions between housing areas and helps Allen move forward without creating a "slapped -together, patchwork quilt' appearance. Sincerely, 0 /�L— Mark S. Tuck cc Allen City Council Department of Community Development Rosemarie A. Tuck 1809 Heather Glen Circle, Allen, Texas 75002 972-562-3465