HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1998 - 10/08 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
OCTOBER 8, 1998
ATTENDANCE:
Commission Members Present:
Ross Oberneyer, Vice -Chairman
Pamela Smith, Secretary
Mark Pacheco
Jeff McGregor
Kevin M. Kerr (arrived 7:02 p.m.)
Commission Members Absent
Jeffrey Kelley, Chairman
Steven Haynes
City Staff Present:
Marcie Diamond, Senior Planner
George Conner, Director of Public Works
Dan Tracy, Civil Engineer
Pam Conway, Secretary
Michael Stanger, Acting City Manager (arrived 9:45 p.m.)
WORKSHOP MEETING
CALL TO ORDER AND ANNOUNCE A QUORUM:
With a quorum of the Commission Members present, the Allen Planning & Zoning Commission
was called to order at 7:00 p.m., by Acting Chairman Obermeyer, at the City Council Chambers,
Allen Public Library, Two Allen Civic Plaza, Allen, Texas.
The Commission Members discussed how to handle the election of officers if more than one
nomination was made for a certain office — it was decided that a written vote would be taken if
multiple nominations were received.
Ms. Diamond stated that Ms. Smyth would be available during the regular meeting for questions
on the Home Occupation Ordinance, tabled item.
Commission Member Ker questioned what information the City Council had requested regarding
the Home Occupation Ordinance, Acting Chairman Obermeyer stated that the Commission
should give City Council a recommendation. Commission Members McGregor and Pacheco
agreed.
Ms. Diamond directed the Commission Members attention to the Millennium Business Park
replat exhibit She discussed an existing, unrecorded access drive directly to the south of this
property. She stated that staff is concerned that separation of this existing driveway and the
proposed driveway within this replat is substandard, whereas, the driveways should be separated
a minimum of 150 feet, and if built as proposed, there would be approximately 60 feet of
separation. An agreement, per separate letter, was offered by the proponent that the second
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PLANNING & ZONING COMMISSION PAGE 2
OCTOBER 8, 1998
driveway be closed once adequate fire lanes are in place. Mr. Conner stated that A.E.D.C.
allowed the southern driveway to be built. The Fire Marshall has requested it to remain for a time
because, at this time, the only access is off of Bethany, and if Bethany is blocked, this driveway
could be used as a fire access.
Ms. Diamond then distributed additional information regarding the Campbell III property which
illustrated the relationship of this case to Twin Creeks and the other Campbell properties recently
zoned.
REGULAR MEETING
Consent Agenda Agenda Item II
Acting Chairman Obenneyer read the consent agenda into the record as follows.
"Consent Agenda
A. Approve Minutes of September 24, 1998, Regular Meeting.
Motion: Upon a motion by Commission Member McGregor and a second by
Commission Member Pacheco, the Commission voted 5 FOR and 0
OPPOSED to approve the consent agenda.
Election of Officers Agenda Item III
Chairman - Commission Member Smith nominated Obenneyer for the office of Chairman. With no
other nominations, Ross Obermeyer was elected Chairman by acclamation.
Vice -Chairman — Commission Member Smith nominated Jeff McGregor for the office of Vice
Chairman. With no other nominations, Jeff McGregor was elected Vice -Chairman by acclamation.
Secretary — Commission Member McGregor nominated Pamela Smith for the office of Secretary.
With no other nominations, Pamela Smith was re -appointed secretary by acclamation
TABLEDITEM
Home Occupation Ordinance Agenda Item IVItem IV
Chairman Obermeyer read the agenda item into the record as follows:
"Tabled Item —Section 3.10 of the Comprehensive Zoning Ordinance which regulates Home
Occupations "
Motion: Upon a motion by Commission Member McGregor and a second by
Commission Member Pacheco, the Commission voted 5 FOR and 0
OPPOSED to remove Item IV from the table.
Ms. Diamond stated that Code Enforcement Officer Audrey Smyth, since the last meeting, has completed
further study She had a summary of the complaints most often received, which was included in the
Commission Member's packets. Chairman Obenneyer stated that the Commission would like to be able
to make a recommendation at the conclusion of this discussion to forward to City Council.
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
PAGE
Commission Member Smith stated that she has a definite opinion. She referred to condition #4 in the
current Home Occupation Ordinance which states, "No activity that regularly attracts customers to the
residence. " Commission Member Smith proposed that an exception could be added on activities
related to instruction, and regarding sales orders made at a party or on phone, may be filled on the
premises. She isn't in favor of creating a list of allowed businesses. She supports the basic wording of the
Plano Home Occupation Ordinance. However, she is not ready to allow an employee for a home
business. Commission Member Smith stated that Mary Kay/Avon/Tupperware, etc. is obviously not like a
retail store in a home.
Commission Member Kerr questioned Code Enforcement Officer Smyth if she accepted anonymous
complaints. Ms. Smyth stated she does accept anonymous complaints. Commission Member Kerr does
not see this as a privacy issue (his comment directed to comments expressed at a previous meeting)
Commission Member Kerr wants to protect the neighborhoods. He doesn't favor expanding the
ordinance.
Commission Member McGregor was also not in favor of the additional employee. He agreed with
Commission Member Smith regarding adding the Mary Kay/Avon/Tupperware as being acceptable;
however, he is concerned about the phone orders/pick up. Enforcement would be nearly impossible. He
agreed that the honest people will conform. He had reservations about developing the wording necessary
to allow for proper enforcement.
Commission Member Pacheco referred to Mr. Sander's letter which was sent to all of the Commission
Members. He stated that he agreed with Mr. Sander's letter. He doesn't want to relax the ordinance. He
has a problem with people picking up orders at a home. It could certainly be a continuous stream of cars
to pick up orders sold. He could not support any relaxing of the ordinance as it is now.
Commission Member Kerr wondered if the ordinance could be worded in such a way that orders could
not be picked up, but had to be delivered. Commission Member Smith stated that she has a Mary Kay
lady and her choice is to pick up her Mary Kay product at her representative's house. Commission
Member Smith also stated that she has never seen an inventory, she only looks at a catalog.
Commission Member Smith asked Ms. Smyth if she had asked Plano if there had ever been any problems
with Mary Kay (or the like). Ms. Smyth stated that she had not asked that question.
Chairman Obermeyer stated that it was clear in Ms. Smyth's report that only Plano allows I employee out
of all the cities she surveyed. Commission Member Smith stated that this type of business goes on all the
time without any complaints. Commission Member Pacheco noted that they can continue to operate their
Mary Kay/Avon business as long as no traffic is brought into the neighborhoods.
Ms. Smyth stated that she has never received a complaint regarding Mary Kay or Avon
Ms. Diamond commented that at this time Ms. Smyth has a tool, which is the ordinance, to back her if
there are any complaints. If we remove or relax that ordinance and complaints are received regarding
constant traffic etc., Ms. Smyth would have no enforcement tool.
Commission Member Smith mentioned again that maybe people could register the home business with
the City She also noted that Ms. Smyth's report shows that the complaints are generally received on the
grossly obvious home business (car repair, etc.) Chairman Obermeyer's concern is not being able to
enforce the ordinance
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
PAGE
Commission Member Kerr questioned if we ever want any sales activity at the home. He wondered why
do we even have the words regularly or periodically in the ordinance.
Commission Member McGregor answered that it is free enterprise. Commission Member Smith noted
that Avon/Tupperware, etc is not like coming to the home and shopping (like in a retail store)
Commission Member Pacheco continued to desire the ordinance remain unchanged.
Chairman Obermeyer agreed with Commission Member Pacheco. He wanted no changes, except
possibly remove regularly or periodically from the current wording of the ordinance. He stated that
residential zoning should remain residential zoning.
Commission Member Smith recognized that there are homes used for business, and she stated that the
main objective is for the home to remain, from all outside appearance, only a home, not a business.
Motion: Upon a motion by Commission Member Pacheco and a second by
Commission Member Kerr, the Commission voted 3 FOR and 2
OPPOSED to not alter the Home Occupation Ordinance. Commission
Member Smith and McGregor opposed.
Maiority findings
1. Don't want to make enforcement more difficult than it is already.
2. The Ordinance is in conformance with surrounding Cities.
3. Any changes/relaxing of the Ordinance could encourage more activity, and possibly be
more apparent that the home is more than just a dwelling unit.
4. Wants to protect residential zoning,
5. Business that require pick-ups at a residence should be located in a commercial area
Minority findines
1. Sales resulting from phone or sales party is acceptable, would prefer to allow Mary Kay,
Avon types to operate and be within the law
2. Not concerned with the traffic generated
3. Further regulations could be added to control traffic, if enforcement were to become a
problem (i.e. register business with City).
4. We already allow 6 students for instructional activities, also home daycares; both create a
considerable amount of traffic.
Enterprises Addition No. 2 - Rental Agenda Item V
Chairman Obermeyer read the agenda item into the record as follows:
"Replat — Consider a replat for Enterprises Addition No. 2, Lot I D-2, Block 1, being a replat of Lot 1,
Block 1, Enterprises Addition No. 2 situated in the Rufus Sewell Survey, Abstract No. 875, located in the
City of Allen, Collin County, Texas, further described as being located at the northeast corner of U.S. 75
and Ridgemont"
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OCTOBER 8, 1998
PAGE
Commission Member Pacheco submitted an affidavit stating that he would be abstaining from this item,
and left the room
Ms. Diamond presented the item. She stated that Enterprises Addition No. 2, Lot 1, Block l is being re -
platted to allow for additional fire lane easements. Public Works has approved the engineering and staff
recommends approval.
Jeff Whitten, 2026 Zeller, Plano, Texas, was present to represent the applicant.
Motion: Upon a motion by Commission Member McGregor and a second by
Commission Member Smith, the Commission voted 4 FOR and 0
OPPOSED to approve the replat for Enterprises Addition No. 2, Lot
1D-2, Block 1. Commission Member Pacheco abstained.
REPLAT
Millennium Business Park Lot 2, Blk. 1 Agenda Item VI
Chairman Obermeyer read the agenda item into the record as follows
"Replat— Consider a replat for Millennium Business Park Lot 2, Block 1, being 10.003 acres out of
the William Perrin Survey, Abstract No. 708, in the City of Allen, Collin County, Texas; further
described as being located southwest of Millennium Drive and Century Parkway "
Ms. Diamond presented the item. She stated that there is an existing unrecorded driveway on the
Bethany Tech Center property The driveway is not in conformance with City of Allen standards.
Therefore, we are in receipt of a letter from the proponent that would allow for the eventual closing of
the driveway This document will be filed with the plat, and addresses the circulation issues and the
driveway closure.
Chairman Obermeyer stated that it, in essence, will be attached to the plat, yet Bled separately
Davis Glass, Prentice Properties, 3860 West Northwest Highway, Dallas, Texas stated this plat is for
the Micro Graphics Corporate Headquarters He stated that at the Fire Marshall's request, they will
leave the driveway open until the agreed upon time of January 1, 2000. If at that time the
development does not occur, they understand that they will be required to provide additional firelane
access to Bethany Tech Center, and close the driveway.
Commission Member Pacheco stated that his concern is that he's not sure the letter is getting where
we need to go He suggested a barrier be installed that the Fire Department could get through but
would be closed to normal traffic. Mr. Glass stated he would have no problem with that. Mr. Glass's
only concern is to be able to install the driveway where he wants it, and be in conformance with the
City's ordinance.
Mr Conner stated we should not install a chaintbarrier until a proper time has been determined.
Commission Member Kerr questioned when the loop road would be built. Mr. Glass stated that it
may not be built in the first phase, it may be the second phase.
(° Mr. Glass stated his preference is the second access from U.S. 75 and then close the driveway, as
Lstated in the letter.
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OCTOBER 8, 1998
PAGE
Chairman Obenneyer's concern was when could the driveway be built. Mr. Glass stated his intent is
to make sure access is provided.
Motion: Upon a motion by Commission Member Pacheco and a second by
Commission Member McGregor the Commission voted 5 FOR and
0 OPPOSED to approve the mplat for Millennium Business Park
Lot 2, Block 1.
PUBLIC HEARING
Bill Campbell III Agenda Item VII
Chairman Obermeyer read the agenda item into the record as follows:
"Public Hearing— Conduct a public hearing for Bill Campbell III, being 123.0091 ± acres of land
situated in the Henry Brandenburg Survey, Abstract No 110, City of Allen, Collin County, Texas;
further described as being located south of the proposed Ridgeview Drive and Stacy Road."
Ms. Diamond presented the case. She discussed the surrounding zoning patters. She stated that a
Traffic Analysis had been prepared Prior to the development of any portion of the land, at least two
access roads must be in place, per the memo from Mr. Conner. If the properties are developed in
accordance with the zoning district established, then the overall density could be expected at 3.6
dwelling units per acre.
Staff recommends revising this request into a Planned Development District to allow for the provision
of a variety of lot sizes, taking into consideration the zoning and development patterns established
adjacent to this tract.
Frank Murphy, Wynn Jackson, 600 North Pearl, Suite 660, Dallas, Texas, stated that he is working
with Mr. Campbell. He is excited to be working in Allen and his desire is for this to be a quality
development He stated that Helen -Eve Liebman will be making a presentation and is available for
questions.
Helen -Eve Liebman, Dowdy Anderson, 5225 Village Creek Drive, Suite 200, Plano, Texas, discussed
the surrounding zoning and distributed an additional exhibit of surrounding zoning and density to the
Commission Members. She stated that there has been discussion between Don Horton, the Director
of Parks and Recreation, and the developer for a Community Park to be located on the northwest of
this property, and that Mr Horton has agreed that's where he'd like the park land to be.
Ms. Liebman read from Twin Creeks Planned Development district regarding the potential for
medium density development densities, and maximum number of units adjacent to this tract. She
stated that Ms. Diamond had included that information in the Commissioner's packets. She
recognized that small lot sizes were not desired by the Commission, and so they have requested R5
district zoning.
Chairman Obermeyer opened the public hearing
Chairman Obermeyer announced that no speaker cards were available this evening, and asked any
comments made to be brief
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
PAGE
Robert Ray, 6622 Orchid Lane, Dallas questioned if the Community Park and Open Space is a
continuous park. Ms Diamond stated yes, that is the plan. Ms. Diamond also stated that it is an area
for a park. Mr. Ray stated he is here on the behalf on another property owner (to the north) and they
do not wish to donate land for park use Ms. Diamond stated that no request for park donations is
being requested or considered tonight.
With no one else wishing to speak, Chairman Obermeyer closed the public hearing
Ms. Diamond explained the Kitty Hawk Estates addition. She stated that the homes are on at least an
acre.
Commission Member Smith inquired what the developed density is, the density recommended per
the Comprehensive Plan (the Plan), versus that which is proposed. Ms. Diamond stated nothing in
this neighborhood district has been built, and 3 6 is the average zoned density and the Plan calls for
3.4 dwelling units per acre
Commission Member Oberrneyer asked if there was any consideration given to bringing this in as a
Planned Development District, instead of straight zoning
Ms. Liebman stated they did not want to be required to be "double dipped' with required open space
and park land. She stated that Open Space requirements are too much for this tract to handle. A
private amenity center is not considered to meet the parks requirements, if it is private. A Planned
Development would require additional acreage to be dedicated.
Chairman Obermeyer stated that he couldn't support straight zoning for R5. He referred to the Kitty
Hawk addition. He wants a Planned Development.
Commission Member Smith stated she is interested in seeing a mix of lot sizes. She tends to agree
with Chairman Obermeyer. She would like larger lots next to Kitty Hawk. She felt that would be in
conformance with the Plan. She continued by stating we are already over the average in that
Neighborhood District. She requested larger lot sizes.
Ms. Liebman presented an exhibit explaining Kitty Hawk Estates and stated they are built the way
they are due to height limits set by the FAA, because they are built on the runway That is also the
reason Kitty Hawk has much larger lots.
Chairman Obermeyer stated that the City of Allen annexed Kitty Hawk and we owe them
consideration.
Commission Member Kerr wondered if the City could waive some of that park dedication if brought
in as a Planned Development. Ms. Diamond stated that they will not be required to dedicate park
land, and fees would be due at the time of platting.
Commission Member Kerr was concerned with the straight R5, which he noted, is the bottom of the
recommended density range in the Plan. He stated he would rather see more in the middle of the
range if it is going to be straight zoning.
Chairman Obermeyer stated he believes that they have two options: table the item and work with staff
Cto revise the proposal, or to consider zoning it at a lower density
PLANNING & ZONING COMMISSION PAGE 8
OCTOBER 8, 1998
Ms. Diamond stated that open space tends to be required and sometimes enhanced when working
within a Planned Development. Legally, you could recommend to city council that open space be
waived, however, this is not recommended.
Commission Member McGregor stated that is direct contradiction to the Zoning Ordinance. He also
desires lower density. He questioned Ms. Diamond about the amenity center She stated that private
open space counts as a density calculation. Commission Member McGregor agreed that it is not
unreasonable to request mixed lot sizes, which the straight zoning would not provide. He does not
want to relax the ordinance in regard to open space/park land requirements.
Commission Member Pacheco could also not support straight R5 zoning. Because of Kitty Hawk,
some consideration must be given to transition of lot sizes. He wants to ensure sufficient wording to
specify where the larger lots would be located. Commission Member McGregor stated also that no
double loaded streets should be located along parks.
The proponent, Mr. Murphy, stated that open space and park requirements are a concern. The goal is
a mid range product, and stated they are not against a Planned Development.
Commission Member Smith commented on the value of homes and that they could build that value of
home on a larger lot also. She also discussed the build out population
Chairman Obermeyer again stated to the proponents that the Commission does not support the request
as submitted.
Mr. Murphy discussed the people who would be interested in the homes they want to build. He
indicated that it would be a village concept.
Ms. Diamond stated that the Plan indicates this is a low density area.
Commission Member Smith stated that the lot sizes need to start at 7500 sq. ft and go upwards.
Commission Member McGregor noted that single loaded streets next to a park is a must.
Mr. Murphy requests that the Planning & Zoning Commission table their request.
Motion: Upon a motion by Commission Member Smith, and a second by
Commission Member Pacheco, the Commission voted 5 FOR and 0
OPPOSED, to Table Item VII, for Campbell IH property.
PUBLIC HEARING
Papvus Corporation Agenda Item Vlll
Chairman Obermeyer read the agenda item into the record as follows:
Public Hearing — Conduct a public hearing for Papyus Corporation, being 10.892± acres of land
situated in Tracts I & 11 of Abstract No. 491, McBain Jameson Survey, City of Allen, Collin County,
Texas; further described as being located northeast of S.H 5 and Chaparral Road.
Ms. Diamond presented the zoning case and discussed the surrounding zoning, and stated that the
Comprehensive Plan shows this location for Multi-family/or high density development. The
proponent is requesting to establish MF -18 zoning on 10.892 acres of land currently zoned AO.
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
PAGE
Under he MF -18 regulations, 196 dwelling units could be constructed on this site. A traffic study
has been prepared and concluded that S.H.S can accommodate the traffic that will be generated by
this request, and the two access points onto this highway will be sufficient to serve the 196 dwelling
units proposed The proponents have offered to construct a deceleration lane to serve the main
driveway into their site.
Staff recommends approval.
Mike Williams, 2303 Forest Grove Estates Rd., Allen, represented Mr. Mixon, owner of the
property Mr. Williams feels it is good zoning and agrees with Ms. Diamond's statements
Chairman Obermeyer opened the public hearing
Don Smith, 21 Crockett Court, Allen, asked what is planned to be built here. He doesn't understand
the exhibit He presented pictures for the Commission Member's to review. He discussed the trees in
the pictures and how they give value to his home, and shade (his concern is trees). He also asked how
close this development would be to his home.
Chairman Obermeyer asked Mr. Smith to clarify his concern. Mr. Smith stated he thought there
would be a buffer between his home and this property. Mr. Smith continued to be concerned about
the trees. Chairman Obenneyer informed Mr. Smith that this is zoning, and that trees are discussed at
the time of platting.
Commission Member Kerr showed Mr. Smith the zoning exhibit and asked him to point out his street.
Commission Member Kerr showed Mr. Smith the Comprehensive Plan and stated that high density
was planned for this area, regardless of what someone may have told him when he bought his home.
Ms. Diamond stated that an 8' screening wall is required to be constructed and the buildings are
required to have a 25' setback from this property line. Parking is allowed in that area. She stated that
they would not build in his backyard. There are separation requirements.
Ms. Diamond also stated that the City of Allen has a Tree Ordinance, and tree rows are preserved
Marcie Cluckey, 1600 Collin Drive, Allen, questioned the set backs and who is responsible for the
lighting. Chairman Obermeyer stated that the property owner is responsible for the lighting and we
have a lighting ordinance and there are requirements.
Candie Mann, 15 Crocker Court, Allen, concern is they are surrounded by multifamily. She asked
for explanation of a neighborhood district. Marcie explained what a neighborhood district is.
Commission Member Smith stated that the land use plan (from the Comprehensive Plan) allows for
high density residential in this location. She asked Ms. Diamond if there is a cap on the number of
units. Ms. Diamond stated that the total number of units they are requesting is less than what the
Plan requires.
Elizabeth Cline, 23 Crocker Court, Allen, stated that trees are also her concern. Also the number of
apartments in her area. She stated that there are too many apartments for this area. Traffic is already
bad. She also was told that this property was zoned same as hers (medium density). She questioned
when the Comprehensive Plan was developed.
Chairman Obermeyer closed the Public Hearing.
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
PAGE 10
�i Ms. Diamond stated that the Comprehensive Plan allows for 31 acres for Multi -family development.
Twenty acres are currently developed. Per our table, 1 l acres are available for Multi -Family
development. She also stated that we are in general conformance with the Comprehensive Plan.
Commission Member Pacheco stated that the 2 complexes per district was just added in the recent
revisions to the Comprehensive Plan. The land use plan wasn't changed regarding this high-density
area
Ms. Diamond continued to explain the neighborhood district and allowable units per the Plan.
Commission Member Smith stated that the surrounding zoning patterns are well established and
development of this property, even at medium density is unlikely High density seems quite
appropriate here. She also questioned if developing this as a Planned Development was ever
considered. What about open space?
Ms. Diamond stated that park fees would have to be paid on a per unit basis. She also stated that she
is unsure of what benefit a Planned Development District would be for this property.
Commission Member Smith has architectural standard concerns that could be addressed in a Planned
Development. She wondered if they were building a pool, and stated that if there is an open space
requirement, a pool might meet that requirement. She'd like to question the proponent in regard to
this.
Chairman Oberneyer stated that given the size of this property, it wouldn't be that beneficial to
develop as a P.D.
Joseph Agumadu, 7635 Tangle Crest Dr, Dallas, stated that they are planning a pool. Open space
will be provided with the pool and green space. He stated that the architects are not here, and they
would have had the drawings.
Ms. Diamond stated that the open space requirement would be 2.6 acres if it were developed as a P.D
Mr. Agumadu stated that at least 2.8 acres of open space (including pool) will be developed
Commission Member Smith indicated that the value is enhanced when there is green area and open
space. Mr. Agumadu stated that this plan is for it not to be dense.
Mr. Williams stated that they do have some drawings if the Commission is interested Chairman
Oberneyer stated this is zoning, and the Commission Member's could not hold them to anything here
except zoning.
Commission Member Smith would prefer a P.D
Commission Member Kerr doesn't feel compelled to follow the Comprehensive Plan. He does
understand the high number of apartments in this area. His concern is, what then to do with this
property It is set aside for high density or commercial. It would not work as a housing development.
Not in favor of apartments but what else could be done here.
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
PAGE Il
Commission Member McGregor stated that it is the best use of the property He understands
Commission Member Smith's desire for a P.D., for more controls. He continued to explain that it
allows more flexibility to address concerns for residents that are already living in the surrounding
area.
Commission Member Pacheco questioned Mr. Conner about the S.H.5 construction. Mr Conner
stated that a November letting is scheduled, with a January start date and in 2 years it will be
completed.
Commission Member Pacheco understands the adjacent property owners concerns, however this
property owner is desiring to develop as the Comprehensive Plan allows. Commission Member
Pacheco feels this is the appropriate use for this property He does feel we would be imposing upon
the proponent by requesting a P.D. He'd be willing to consider a P.D., but would not object to this
plan as submitted.
Commission Member Smith stated that she does not want to impose on the proponent. She would
want what the proponent would agree to.
Larry Cervenke, 8140 Walnut Hill Lane, Dallas, stated that on this size of property he doesn't see a
P.D. as necessary. It would just he additional time required for this case to be reworked and
resubmitted.
Commission Member Smith liked the idea of a P.D. because she'd like the open space requirement.
Chairman Obermeyer asked the proponent if they would consider a P.D. for committing open space.
Ms. Diamond stated that is has to be a P.D. for us to require the open space. There is no additional
site plan approval process. This could be approved tonight as a P.D. The deceleration lane and 2.6
acres open space could be required.
Commission Member McGregor asked for the heights of the buildings, and the proponent stated two
stories.
Motion: Upon a motion by Commission Member Smith and a second by Commission
Member Pacheco, the Commission voted 4 FOR and 1 OPPOSED, with
Commission Member Kerr opposing, to approve the zoning request for Multi -
Family, 18 units an acre as a Planned Development District, requiring the
following:
1. The open space to be per the P.D. requirements
2. All development will adhere to the City of Allen Multi -Family development
standards
3. The height limit on units adjacent to existing homes will be two stories, the
remainder will be in accordance with MF -18 standards.
4. The deceleration lane will be constructed on S.H. 5
Findings:
Ma ori
I In compliance with the Comprehensive Plan.
2. Compatible with existing land use patterns.
3. Open spacelheight requirements desirable (in Planned Development forth)
PLANNING & ZONING COMMISSION
OCTOBER 8, 1998
4
Traffic concerns addressed.
5.
Total number of units in the district are in conformance with Comprehensive Plan.
Minna
I.
Already 2 apartment units constructed should look at other sources.
2.
Comprehensive Plan is only a guide.
3.
Apartments have a long term negative impact to City of Allen.
4.
Tax dollars could be obtained by other means.
5.
The City of Plano also has planned apartments in this area, and that should be
considered.
6
We should look at other uses rather than apartments
Other Business:
PAGE 12
Agenda Item IX
Ms. Diamond noted that a meeting of the sub -committee of the Planning and Zoning Commission and
the Telecommunications board needs to be arranged within the next week or two. At that meeting the
draft ordinance will be discussed as well as receive input from several of the wireless providers.
Commission Member McGregor stated that he would assist in arranging the meeting.
Ms. Diamond also discussed that at the last Mayor's meeting updating the Zoning Ordinance was
discussed. A letter received by Peter Smith, Consulting City Attorney, concerning some issues with
the existing ordinance, prompted this update. Staff also has identified some areas that need to be
reviewed. An ad-hoc committee comprised of two members of the City Council and Planning
Commission was suggested to review proposed revisions. Her understanding is that at the next City
Council meeting, two City Council members will be appointed to the ad-hoc committee. Chairman
Obermeyer would like the Commission to think about that and contact Ms. Diamond to volunteer to
be on the ad hoc committee.
Commission Member McGregor– issue of the final plat with an attachment (Millennium Business
Park.) He questioned how binding is that attachment. Commission Member Kerr stated that the plat
is approved and right now the letter could not be recorded. However, it is like any other easement,
they have entered into a contract with the City Commission Member Kerr was convinced because
the proponent said he wanted to do it right now. Commission Member Kerr stated that we need that
letter ready for filing at the county before we file the plat. He felt this is an agreement made with the
City that is enforceable.
Ms. Diamond reviewed the council decisions at the last meeting concerning zoning cases. She also
noted the items on the next agenda.
Adioum.
Motion: Upon a motion by Commission Member Pacheco and a second by
Commission Member McGregor, the Commission voted 5 FOR and
0 OPPOSED to Adjourn the October 8, 1998 meeting at 10:45 p.m.
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