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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1997 - 08/14 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING August 14, 1997 ATTENDANCE: Commission Members Presenk Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary Jeff McGregor Mark Pacheco Susan Bartlemay Commission Members Absent: City Staff Present: Marcie Diamond, Senior Planner Sally Leeper, Administrative Assistant George Conner, Director of Public Works Dan Tracy, Civil Engineer CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7.30 p.m. by Chairman Kelley at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. 16 PLANNING & ZONING COMMISSION AUGUST 14, 1997 PAGE 4 Kelley, Obermeyer, and McGregor voting against. The motion was denied. MOTION: A motion was made by Commissioner McGregor and seconded by Commissioner Smith, to table the issue. The Commission voted 2 FOR and 4 OPPOSED to table the request, with Commissioners Pacheco, Kelley, Obermeyer, and Bartlemay voting against. The motion was denied. MOTION: A motion was made by Commissioner Oberrneyer to forward the recommendation to the City Council indicating a 30 -day permit and a 15 -day renewal. There was no second to the motion and the motion died. MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor, the Commission voted 4 FOR and 2 OPPOSED to table the issue, with Commissioners Pacheco and Bartlemay voting against. The motion was approved and the item is tabled. Public Hearing Suncreek Methodist Church (Agenda Item IV) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider request from Suncreek United Methodist Church, L. Marvin Guier �! III, and Richard D James, owners, to rezone from Agriculture -Open Space (A -O) to Community Facilities (CF), 3.913 acres of land out of the Alfred Slack Survey, Abstract No. 854, City of Allen, Collin County, Texas, further described as being located west of the southwest corner of McDermott Drive and Suncreek Drive." Commissioner Pacheco tiled a conflict of interest statement and removed himself from the meeting at this time. Ms. Diamond presented the request to the Commission. This properly is currently zoned Agriculture - Open Space and the request is to place permanent zoning of Community Facilities on the property She stated that the church is requesting this zoning change in order to make use of the existing house as a church facility No traffic study was required Mr. John Pruetz, 202 Tatum Drive, Allen, Texas, Trustee for Suncreek United Methodist Church, spoke to the Commission. He indicated that the church is intending to make use of the house for a church, and to add additional space for a facility He discussed a land swap the church is consummating with Mr. James for 1.78 acres. Mr. James is a party to this request. Mr. Bert Palmer, 1214 Shade Tree Lane, Allen, Pastor of the church, explained that the CF zoning on the property to the east was a recent action of the Commission and Council Chairman Kelley opened the public hearing. Mrs. Margaret McDermott spoke in favor of the request, and included her comments of earlier in the PLANNING & ZONING COMMISSION AUGUST 14, 1997 PAGE 3 Public Hearing Zoning Ordinance Amendments (Agenda Item III) Chairman Kelley read the agenda item into the record as follows. "Public Hearing - Consider ordinance amending Comprehensive Zoning Ordinance No. 1425-5-96, amending Section 2.07, Paragraph 5, and Paragraph 1 of Sections 3.01(B), (C), (D), (E), (F), (G), (H) and (I)." Ms. Diamond reviewed the draft ordinance and discussed the changes to Sections 3.01(B), (C), (D), (E), (F), (G), (H) and (1). This proposes to remove the sentence from the purpose paragraphs that indicates a specific density should result from these lot sizes. The changes to Section 2.07, Paragraph 5, Temporary Use Permits for Seasonal products, were reviewed. If a recommendation is forwarded to the City Council at this meeting, their public hearing would be held September 18, 1997 Chairman Kelley opened the public hearing. Mrs. Margaret McDermott, Allen, Texas, expressed appreciation for the City of Allen and indicated that she had future intentions of dedicating park land from her property on Rowlett Creek She discussed planning for the property along McDermott Drive and suggested that all intersections not be allowed E commercial zoning. With no one else wishing to speak for or against the proposed changes to the Zoning Ordinance, Chairman Kelley closed the public hearing. The Commission discussed the time allowed for seasonal product permits and considered whether a 15 - day permit and a 15 -day renewal would be appropriate, or whether a 30 -day permit and a 15 -day renewal would be appropriate. They also discussed the proposed fee of $100 for permit and $100 for renewal. After considerable discussion on this issue, the Commission requested staff to research other cities to determine their time limit on this type of permit and their fee structure. Chairman Kelley recognized Mr. Mike Williams, 2303 Forest Grove Estates Road, Allen, Texas, who spoke in opposition to granting temporary use permits for seasonal products. He discussed the cost of rental space in Allen and the fact that permanent businesses must pay taxes, insurance, utilities, etc. It was further discussed by the Commission that the fee is administrative in nature, and not intended to replace the rental costs or other expenses that permanent businesses are incurred. MOTION: A motion was made by Commissioner Smith to table this item and request staff to provide information regarding fee rates applied in other cities, and time frames connected to those fees. There was no second and the motion died MOTION: A motion was made by Commissioner Bartlemay and seconded by Commissioner Pacheco to forward a recommendation to the City Council to amend the Comprehensive Zoning Ordinance No. 1425-5-96, with the 15 -day permit and 15 -day renewal. The Commission voted 2 FOR and 4 OPPOSED to the motion, with Commissioners Smith, PLANNING & ZONING COMMISSION i AUGUST 14, 1997 PAGE 5 7 meeting under Item III, amendments to the Zoning Ordinance. With no one else wishing to speak for or against the request, Chairman Kelley closed the public hearing. The Commission discussed the fact that the southwest corner of McDermott Drive and Suncreek Drive is currently zoned CF, and that this addresses issues raised by Mrs. McDermott. MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Bartlemay, the Commission voted 5 FOR and 0 OPPOSED to recommend approval of Agenda Item IV changing the zoning from A -O to CF on 3.913 acres of land the First United Methodist Church. FINDINGS. I The request is in compatible with adjacent zoning. 2. The request is considered to be the highest and best use of the land. 3. The only speaker during the public hearing was in favor of the request, and that speaker was the owner of the adjacent property Commissioner Pacheco returned to the meeting. OTHER BUSINESS Ms. Diamond reviewed the SH121 Development Guidelines. Ms. Diamond reminded the Commissioners of the September 6, 1997, Joint Meeting Ms. Diamond indicated that there will be a public hearing for an amendment to P D. 55 on the next agenda to include an outparcel in the Office/Commercial Tract 4, as well as a preliminary plat for Custer Hills Estates Phase B. Ms. Diamond reviewed, for information purposes, a proposed plat situation for Suncreek Tract 3. This will be brought forward to the Commission in September. The Commission indicated agreement to the following procedure: Submit a replat of Lots 4-7, 34-36, and 45-49, Block A. Submit a "vacation plat" of Lots 4,5,6, and 7, Block A Submit a preliminary plat of the entire area to be platted, indicating the replat area and all lots fronting on Bellevue, Drexel, and Glenville as Phase I, to be final platted at one time. This will include the entire existing Tract 3 as well as the proposed additional acreage. Submit, as a minimum, a final plat of Phase I. The Commission agreed to review and consider all four documents at the same public hearing; however, they requested assurances that all required engineering, both preliminary and final at least Phase I be approved by the Public Works Dept , proper notification procedures are followed, and AISD and the land I I PLANNING & ZONING COMMISSION AUGUST 14, 1997 owner have agreed to the mutual boundaries PAGE 6 Commissioner Obermeyer indicated that staff should be especially watchful that all necessary completed documents are included in the Commission packets. Chairman Kelley discussed the upcoming bond election. He indicated that Mr. Jim Wolfe requested that he review information regarding the election with the Commissioners with a request for feedback to the election committee. Chairman Kelley requested that Ms. Leeper read into the record a letter of resignation from Commissioner Bruce Heller. It is attached hereto. ADJOURN: MOTION Upon a motion by Commissioner Obenneyer and a second by Commissioner Smith, the Commission voted 6 FOR and 0 OPPOSED to adjourn the August 14, 1997, meeting at 9 10 P.M. These minutes approved this o?O day of , 1997 I �i