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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1998 - 08/13 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING August 13, 1998 ATTENDANCE: Commission Members Present Jeffrey Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary (arrived 7:06 p.m.) Mark Pacheco Jeff McGregor (arrived 7:08 p.m.) Kevin M. herr Steven Haynes Commission Members Absent None Citv Staff Present: Marcie Diamond, Senior Planner George Conner, Director of Public Works Dan Tracy, Civil Engineer Pam Conway, Secretary Don Horton, Director of Parks and Recreation WORKSHOP MEETING CALL TO ORDER AND ANNOUNCE A OUORUM With a quorum of the Commission members present, the Allen Planning & Zoning Commission was called to order at 7:05 p.m. by Chairman Jeffrey Kelley, at the City Council Chambers, Allen Public Library, Two Allen Civic Plan, Allen, Texas. Ms. Marcie Diamond provided a correction to page I of the minutes of July 23, 1998. She also provided copies of two pages left out of the packet in error, which had been faxed to the Commission Members previous to the meeting Chairman Kelley asked the Commission Members if they had any questions on any of the items Commission Member Pamela Smith questioned Ms. Diamond about a density calculation on the Reid Family item. Commission Member Ross Obermeyer had a question about a tree line and drainage issue on the Bridgewater Crossing item. Mr. George Conner explained the drainage problem experienced in Beacon Hill because of a similar situation (no alley because of the tree line.) The alley is needed for drainage. Commission Member Obermeyer noted some significantly large trees and would not like to see them removed. Mr. Conner also clarified for Commission Member McGregor that a Soap Berry tree is a Hackberry tree and is not protected under our ordinance. PLANNING & ZONING COMMISSION AUGUST 13, 1998 PAGE Commission Member Mark Pacheco asked if the tabulation of lots in the Summerfield item was the same as submitted before Ms. Diamond answered that it was the same. Mr. Conner discussed the NTMWD elections and the result. He also discussed water conservation, noting that it was voluntary. He stated that the water we use this year sets the minimum we will buy for next year. Mr. Conner discussed the Impact Fee Study. The Planning and Zoning Commission will be the Advisory Committee for this study. No other members will be needed on that committee. REGULAR MEETING Consent Agenda Chairman Kelley read the consent agenda into the record as follows. "Approve Minutes of July 23, 1998, Regular Meeting as revised." MOTION Upon a motion by Commission Member Pacheco and a second by Commission Member Obermeyer the Commission voted 7 FOR and 0 AGAINST to approve the consent agenda. Tabled Item DDC Properties, Ltd. (Summerfield) Chairman Kelley read the agenda item into the record as follows "Consider a request by DDC Properties, Ltd. (Summerfield) to place permanent zoning of Planned Development for Single-family uses, being 133.247 acres of land situated in the John Miller Survey, Abstract No. 609, City of Allen, Collin County, Texas; further described as being located east of Malone Road and south of Stacy Road." MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Obermeyer the agenda item for DDC Properties (Summerfield) was removed from the table. Ms. Diamond reviewed the item with the Commission. This is a low density area, per the Comprehensive Plan. Staff supports this density of approximately 3 units per acre because of the curvilinear streets, and provision of a mix of housing units. She also discussed the density calculations as presented by the proponent, and explained that these calculations were based on transferring the densities from areas that are currently developed for very low densities to provide more density on the subject tract. Thus resulting in a density of 3 8 dwelling units per acre which exceeded the 2.7 density provided for in the Comprehensive Plan Staff met with the applicant concerning densities and park issues. No revisions have been received to date regarding either the density or parks. PLANNING & ZONING COMMISSION AUGUST 13, 1998 PAGE 3 Mr, Bill Anderson, Dowdey Anderson, presented the item He discussed the adjacent property [o the west (Shelton Tract.) He also discussed the mixed density of that property He feels the property to the south of his property could develop at a higher density because of ifs proximity to Exchange. He wants his property to be protected. Mr. Anderson indicated that the Parks issue is the next step, not to be addressed at zoning. He does want to work with staff regarding the trail system, etc. Mr. Anderson stated that he is asking for three lot sizes; 9,000 sq. ft. lots, 7,500 sq. ft. lots, and 6,000 sq. ft. lots. An amenity center is also planned. He also added that 25% of the streets would be curvilinear. In summary, he feels this is an asset to the City of Allen and not out of character for the neighborhood. Commission Member Smith discussed the Thoroughfare Plan — Exchange and FM 1378. She stated that she does not support the density as proposed. She supports staff recommendation. Mr. Anderson discussed the value of homes planned for his property ($100,000 - $200,000). He also discussed the shape of lots, pie shape, etc. He reiterated the mix of density of lots and why. He feels that 2 7 and 3.0 density is extreme. Commission Member Smith discussed the Neighborhood Districts and the Comprehensive Plan how it relates to densities. She reminded Mr. Anderson that in the zoning process, he will meet with this same resistance from the Council Members. She questioned Mr. Don Horton about any Parks needed in this area. Mr. Horton addressed this issue by saying that the need is a neighborhood park, not a community park as once believed About five acres is needed. Trail connection is needed to connect surrounding developments and also that would connect to the community park planned to the south of this tract. Commission Member Jeff McGregor stated that he supports 3.0 density, no matter what the mix. In recent meetings a compromise was made for the 3.0 density on the property to the north. Commission Member Mark Pacheco stated that the remaining density is 2.9 in this neighborhood district if this property develops as 3.8. He feels that 3.8 density is going in the wrong direction This area was targeted as a low density area. It was stated by George Conner that the sanitary sewer easement is 60 foot and could support the 3.0 density Commission Member Steven Haynes also supports the 3.0 density Commission Member Kevin Kerr asks if the area to the south could indeed develop as retail? Ms. Diamond responds that in the Comprehensive Plan it was designated as single family, and it appears that there should be sufficient depth for residential uses. Chairman Kelley asks proponent for his response to all these comments. Mr. Anderson asked if the Planning Commission would be Flexible. He understands that the Commission supports the 3.0 density It is noted by Commission Member McGregor that R-5 zoning falls into the acceptable area. Commission Member Smith discusses the issues in the case to the north. That proponent made considerable concessions in terms of density. Scott Ramsey, Wdbo Development, 11330 LBJ Frwy, , Dallas. Mr. Ramsey stated that staff stated they didn't want to see he plans. He met with Don Horton and feels the Parks issue in not an issue. He was not told to resubmit a park plan. Commission Member Obermeyer reminded Mr Ramsey that parks is not the issue here, it is density. Commission Member Smith stated that PLANNING & ZONING COMMISSION AUGUST 13, 1998 PAGE 4 she does want something to indicate the proposed open space. Mr. Ramsey says he will submit that. Ms. Diamond reminded Mr. Ramsey that when he met with staff he was indeed asked if he wanted to resubmit per staff and Commission's comments and he responded that they did not, it was going as is. Mr. Ramsey stated that he would reanalyze his request and work with staff. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 7 FOR and 0 AGAINST to table the item for DDC Properties (Summerfield). Public Hearing Villa's at Suncreek Consider a request by Richard James (Villas at Suncreek) to place permanent zoning of Flood Plain -Planned Development (FP -PD) for R7 uses on a 13.736 tract of land out of the Alfred Slack Survey, Abstract No. 854, the Joab Butler Survey, Abstract No. 47, and the James A. Wilcox Survey, Abstract No. 1018, Collin County, Texas: further described as being located southwest of McDermott Dr. and Suncreek Drive. Ms Diamond presented the item. She states the request includes hike & bike trails,jogging trails, open space and curvilinear streets. She discussed the surrounding zoning and states that all items are in accordance with the Comprehensive Plan. Staff recommends approval Mr Richard Vlad, Villa Homes and Warren Packer, Villa Homes presented the concept Plan and discussed the desire for a gated community Mr. V lad noted that they will donate the Flood plain to the city. He then presented a drawing of a plan for the entrance gate to the community and the type of housing to be developed Chairman Kelley Opens the Public Hearing Dale Richey, 1210 Bel Air, Allen. Mr. Richey stated that to the east and north of this property land has been zoned to one acre lots with $300,000 homes built there. He feels this is will down- grade that property with this type of development. He wants a development with alleys. He is surprised that the Comprehensive Plan provides for this type of development next to the large lots and high dollar homes. He also suggested that the streets to be curved He stated his concern for the garbage collection if these homes are front entry homes. He also felt that the lots are too small. He doesn't understand why a buffer from the church is needed. Debra Meadows, 490 Ashwood, Fairview. She owns one of the one acre lots to which Mr. Richey has referred. She is not opposed to this development. Burt Palmer, Pastor Suncreek United Methodist Church, 1214 Shadetree Lane, Allen. He is not speaking officially for the church, just as a homeowner. He wants to be a good neighbor and is in support of this request. Larry Massi, 791 Creekwood Or , Fairview. He supports this project and thinks it's very classy Sherwood Blount, 16475 Dallas Parkway, Dallas. He is representing the Suncreek United Methodist Church. He reminded the Planning Commission of the land swap that occurred to PLANNING & ZONING COMMISSION AUGUST 13, 1998 PAGE 5 provide the church and his land owner with more useable land He stated there is little, if any, way to use this property except as presented The church supports this request. With no one else wishing to speak for or against the request, Chairman Kelley closed the public hearing. Commission Member Steven Haynes asked about a fire lane easement, and if it is gated Ms. Diamond states that it is, and that the Fire Marshal has approved it (Knox locks, etc.) Commission Member Mark Pacheco stated that the lot layout is not the issue tonight, zoning is. The shape of this property makes it difficult to develop He feels they plan for it to bean upscale development. He agrees with staffs recommendation. Private streets/gated community wording needs to be re -worded in the Development Standards. Ms Diamond agrees to re -word it so it reflects this as an option for private streets. Ms. Diamond mentioned that private streets are approved by the City Council prior to platting. Commission Member McGregor questioned if construction of anything is allowed inside of the flood plain. Mr. Conner states that nothing can be constructed inside of the flood plain He continued to state that a complete flood plain study will be done of the entire area at time of platting Commission Member McGregor continued by stating that a front loaded street is desirable along creeks and supports this proposal. Commission Member Obermeyer discusses Joel Robuck's letter of opposition, which was distributed to all Planning Commission members. He noted that all of his issues were addressed as far as they know Commission Member Kerr states that medium density is allowed and this seems appropriate for this area. Mr. Vlad indicated that the trail system will be accessible even if it develops as a gated community Ms Diamond noted that the zoning exhibit incorrectly shows the zoning on the subject property, but it is not a legal problem. Commission Member Smith addressed the issues brought up by Mr Richey She noted that no other resident in the community of one acre lots has come forward tonight with opposition to this plan. She feels it is appropriate zoning. She also questions the opposition Mr Robuck voiced in his letter about using the name Suncreek The proponent indicates they can change it if it is a problem. It is mentioned however, that there is no legal reason to not use the time Suncreek. MOTION: Upon a Motion by Commission Member Obermeyer and a second by Commission Member Pacheco, the Commission votes 7 FOR and 0 AGAINST to approve the request by Richard James (Villas at Suncreek) as submitted, with the exception that the Development Standards would be re -worded to allow the development to have private streets. FINDINGS 1. Density not a problem 2 Transition between existing development is good. 3. Good use of land PLANNING & ZONING COMMISSION AUGUST 13, 1998 PAGE 6 4. Allocation of the last portion of Medium Density in the Neighborhood District 5. Provision for Open Space and Hike & Bike Trails 6. Single loaded street is desirable. Public Hearing Reid Family Enterprises, L[d. Chairman Kelley read the agenda item into the record as follows. "Consider a request by Reid Family Enterprises, Ltd., to place permanent zoning of Planned Development (PD) on the property which includes 5.16 acres of Local Retail (LR), 45.59 acres of R-7, and 13.25 acres of Community Facilities (CF). Being a total of 64.09 acres of land out of the D B. Heame Survey, Abstract No 427, as recorded in Volume 4137, Page 2352, Collin County Deed Records, Collin County, Texas; further described as being located at the southwest comer of FM 2551 and Bethany Drive." Ms. Diamond presented the request to the Commission. This is the last tract in Neighborhood District 30 Staff recommends approval with minor revisions. The request shows an area of open space. Staff does not want this as park area. Also, the Local Retail section would allow a service station by right. Staff wants that to be revised to a service station by S.U.P Staff also states that a Facilities Agreement must be consummated prior to any platting, and the density should be reduced to allow for 50% of the lots to be R-7 and 50% R-5. Ron Haynes, 17817 Davenport, Dallas. He is a residential land developer. This is his first development in Allen. He discussed the elementary school proposal and how it would connect to the middle school on the adjacent property. He also discussed the 2 major thoroughfares — Bethany and FM 2551. He states a buffer from these intense uses is needed. He indicated that the 1998 Comprehensive Plan did not consider the school site on this property This school was originally planned to be in Lucas. They are also showing a large open space. If staff doesn't want the open space to be used as a park they could develop it as an H.O.A. lot. Chairman Kelley Opens the Public Hearing. Dale Richey, 1210 Bel Air, Allen. Mr. Richey would like to see more curved streets. With no one else wishing to speak for or against the request, Chairman Kelley closed the public hearing. Commission Member Smith is in favor of the school site in this location. Commission Member Kerr questioned about the retail south of this area along F.M. 2551. Ms. Diamond responded that it is for Day Care only. Commission Member Kerr supports staff's desire for requiring a SUP for a service station He is not as concerned about the density here because it is such a harsh corner. Commission Member Obermeyer agreed. Jeff Miles, Jones & Boyd. Mr. Miles calculates the density and it is as follows For a 50/50 mix, the density is 3.28 units/acre, which is lower than the 1998 Comprehensive Plan's recommendation for this area. PLANNING & ZONING COMMISSION AUGUST 13, 1998 Commission Member McGregor also agreed with Commission Members Kerr and Obermeyer regarding the density. He feels this is a unique situation and would support the density at a 50/50 mix. Commission Member Pacheco thinks what is proposed makes sense. He supports straight R-7 He also believes that curved streets are a good idea and the requirement of an SUP for the service station. He does not support the reduction in density Commission Member Haynes agreed. Ms. Diamond notes that Park dedication fees will be due at time of platting. The open space is actually a detention area. Parks/Public Works doesn't want it. The determination can be made at the time of platting. MOTION: Upon a motion by Commission Member Smith and a second by Commission Member Haynes, the Commission voted 6 FOR and 1 OPPOSED to approve the zoning request contingent on staff recommendations; at the time of platting, the subdivisions should be designed in such a manner to incorporate curvilinear street patterns and similar designs, the collector street shall be constructed to standard width from Malone to F.M. 2551 prior to the development of the elementary school, a SUP shall be required for a service station in the LR tract, and prior to submission of a preliminary plat on any portion of this tract, the property owner(s) will consummate a facility agreement to determine the timing and/or funding of the thoroughfare improvements adjacent to this tract, omitting the item regarding density reduction, for Reid Family Enterprises, Ltd. With Commission Member Jeff McGregor Opposing. Findings — Majority 1. Existing Thoroughfare and School development makes density not an issue. 2. Existing development patterns over -ride the Comprehensive Plan 3. Lot sizes not a concern 4. Maximum units are in conformance Minority, 1 Exceeds density in 1998 Comprehensive Plan 2. Agreed with staff s recommendation #I. 3. Proponent may have agreed to that recommendation also 4. Lost the opportunity to reclaim 20 units 5. Not donating school property— they are selling it mr. Combination Plat !L Suncreek Professional Center PLANNING & ZONING COMMISSION AUGUST 13, 1998 PAGE 8 Chairman Kelley read the agenda item into the record as follows. "Consider a Combination Plat for Suncreek Professional Center, being Lot 1, Block A containing 1.045 acres of land out of the Josh Butler Survey, Abstract No. 47, City of Allen, Collin County, Texas, further described as being located southeast of McDermott Dr. and Suncreek Dr." Ms. Diamond presented the item to the Commission. Staff recommends approval as submitted. There are no trees on the property. Mr. Richard Vlad is representing this property on behalf of his wife. Professional offices will be built, including a dental office for his wife He has met fire lane and set back requirements. They will not be disturbing any trees. He states this will present a good buffer from the retail. Commission Member McGregor questions the buffer to the south. Mr. Vlad states there is an existing wall. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, the Commission voted 7 FOR and 0 OPPOSED to approve the Combination plat for Suncreek Professional Center. Preliminary Plat Allen Tech. Center Chairman Kelley read the agenda item into the record as follows "Consider a Preliminary Plat of Allen Tech Center Addition for Second Century Investments and L ACLP Bethany, L.P., being Lots I thin 6 containing 16.7 acres of land out of the William Perrin Survey, Abstract No. 708, further described as being located at the northeast comer of U.S. 75 and Bethany Drive." Ms Diamond presented the item to the Commission. She stated that it is accordance with the concept plan approved at the time of zoning Staff recommends that Fire Lane and access easement be more clearly defined and the drainage easement at the intersection of Bethany and U.S. 75 be removed as part of the final plat Jeff Carroll, Callaway Architects, 17738 Preston, Dallas. Mr Carroll stated that they are working with Mr. Conner on right-of-way. He desires a 10 foot landscape easement which coincides with the 11 foot easement for street purposes Robert Needham, 2121 Bradford, Arlington. In response to a question about the drainage easement, Mr. Needham explained that it is an easement by the state. This easement is not needed now because other drainage facilities are now constructed Commission Member Smith asked if the Commission saw the ROW for this roadway at zoning? Ms. Diamond answered no. It was assumed that the The ROW was in place. The 11 foot is an additional enhancement for the intersection. Commission Member Smith stated that she would not support road enhancement in an easement She wants ROW dedication. PLANNING & ZONING COMMISSION AUGUST I3, 1998 PAGE 9 Commission Member Haynes did not have a problem with it He feels staff can resolve this issue. Commission Member Pacheco states that it's clear that the ROW should be dedicated. He is in agreement with Commission Member Smith. Ted Pittman, 9258 Commerce Drive, Dallas Mr. Pittman indicated that he is not asking for any deviation from the approved plan. The actual pavement will be on the ROW The additional 10 foot will be landscaped area. The existing ROW is enough to build the road on It doesn't change any setbacks, and asks Commission Member Smith to take another look. The parkway was discussed. Ms Diamond indicated that it normally contains utilities. Mr. Conner stated that from an Engineering standpoint, not having the roadway dedicated is not a problem. Commission Member Smith did not want to deviate from the ordinance. Sherwood Blount, representing Texaco. He stated that he is trying to finalize this deal and it is ready to close. He indicated that ROW in the easement is nothing unusual. He has seen it all over the metroplex. Mr. Conner clarified for Commission Member Kerr that the setbacks along Bethany are 50 foot. Mr. Blount continued by saying that he trusts the staff for guidance and he feels this is not a problem. Commission Member Haynes questioned if there is detriment if this is an easement and not a dedicated ROW Mr. Conner states that there is no adverse impact. Ms. Diamond agrees, she has never seen a problem. Commission Member Kelley stated that the real issue is the setback. He supports staff recommendation to approve as presented. Mr. Conner was asked if there could be a problem with landscaping over the utilities. Mr. Conner states that he has no problem with it. Commission Member Pacheco agreed with Mr. Blount that the developer does need to work with staff and be able to depend on their recommendations. It was suggested that we accept this at this location. Commission Member McGregor agreed MOTION: Upon a motion by Commission Member Haynes and a second by Commission Member McGregor, the Commission voted 6 FOR and 1 OPPOSED to approve the preliminary plat for Allen Tech Center subject to stipulations that the channel easement be abandoned with the final plat and the fire and access easements be more clearly defined with the approval of the final plat for Lot 1. Commission Member Pamela Smith being opposed. Preliminary Plat Bridgewater Crossing Chairman Kelley read the agenda item into the record as follows. "Consider a Preliminary Plat of Bridgewater Crossing, being 63.1 acres of land out of the Jesse A. Gough Survey, Abstract No. 347, and the Jackson Survey, Abstract No. 489 in the City of Allen, Collin County, Texas, further described as being located east of the southeast corner of Custer Road and Ridgeview Drive." Ms Diamond presented the item to the Commission. One issue which needs discussion is a tree line. An alley is needed for drainage in that area. Staff recommends that the Planning & Zoning Commission approve subject to various conditions to be reflected on the Final Plat. PLANNING & ZONING COMMISSION AUGUST l3, 1998 PAGE 10 John Papagolos, 1221 Village Creek Drive, Plano. Mr. Papagolos indicated that the city has asked him to shift 7 % feet of the easement to the neighboring property. The alley is needed for drainage. Maybe the city could re -visit this. He stated that the trees he trying to protect could be removed for driveways when the neighboring property develops. He doesn't like giving away those trees. Commission Member Kelley asked Mr. Conner if this has ever happened before. Mr. Conner states that it has happened before, Watters Crossing 3. Commission Member Kelley then responded to Mr. Papagolos that the Tree Ordinance in place is not perfect, but it's what we have to work with. Commission Member Pacheco stated that on the plat, Ridgeview Parkway is actually Ridgeview Drive Also, 2 lots in Block D need front yard set backs on the side streets, and asked the proponent to Just look at that. He also has a concern with the 60 foot prescriptive ROW for Rowlett Road shifting to the east. He requested a letter of permission be given by that property owner, and will want to see that at Final Plat. Commission Member Smith questioned if a fence could be constructed over the NTMWD easement which is proposed to be in the back yards of those lots. Mr. Papagolos indicated that the NTMWD does not have a problem with a fence over the waterline. He will provide documentation to support that at Final Plat also MOTION: Upon a motion by Commission Member Pacheco and a second by Commission Member Obermeyer the Commission voted 7 FOR and 0 OPPOSED to approve the Preliminary Plat for Bridgewater Crossing with stipulations that the Final Plat will reflect the Flood Study, consent from the adjacent land owner concerning Rowlett Road, Facilities Agreement will be established prior to Final Plat, Ridgeview Parkway will be changed to Ridgeview Drive, alley access on Lot 1, Block E, Lot 4 Block B should be reviewed for two front yard, and the letter from NTMWD for consent regarding the water line. Ms. Diamond reviewed the upcoming agenda. ADJOURN' MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, the Commission voted 7 FOR and 0 OPPOSED to adjourn the August 13,1998, meeting at 12:00 a.m. These minutes approved this M!ay of A( AS% , 1998. jd J 9,*2,4� LJeff Ce hairmanamelaamela Smith, Secretary