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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1998 - 10/22 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING OCTOBER 22,1998 ATTENDANCE: Commission Members Present Ross Obermeyer, Chairman Pamela Smith, Secretary (arrived 7:15 p.m.) Mark Pacheco Jeff McGregor, Vice -Chairman Kevin M. Kerr Commission Members Absent: Jeffrey Kelley City Staff Present: Ms. Diamond, Senior Planner George Conner, Director of Public Works (arrived 8:30 p.m.) Dan Tracy, Civil Engineer Pam Conway, Secretary Don Horton, Director of Parks & Recreation (arrived 9:05 p.m.) Peter Tian, Traffic Engineer Tim Dentler, Park Superintendent 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 Ross Obermeyer, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Ms. Diamond briefly explained the temporary variance to the paving standards regarding the Villages of Maxwell Creek due to the NTMWD line. Commission Member McGregor noted an error on page 6 of the October 8, 1998 minutes It was noted that it would be corrected. Ms. Diamond noted that in the Glendover Park final plat, two street names on a cul-de-sacs should be "court" verses "drive", Ms. Diamond stated that a new final plat has been submitted with this correction. Commission Member McGregor questioned the private road at Kitty Hawk. Ms. Diamond stated that Mr. Conner has said this is not an issue. Chairman Obermeyer stated that his concern is the retention pond on the Bethany Lake Estates item. Pete Smith, consulting City Attorney, stated that the Commission could require staff review of the declaration of restrictions and Home Owners Association (HOA) documents to insure that the retention pond be maintained. He also stated that this is a fairly common procedure Ms. Diamond stated that it is similar to a facilities agreement. Commission Member Kerr questioned I PLANNING & ZONING COMMISSION OCTOBER 22, 1998 Mr. Smith as to who would determine what the maintenance would be. Mr. Smith stated that some entity needs to be named to force responsibility of maintenance for the pond. Chairman Obermeyer called the Commission's attention to the letter he distributed thanking former Chairman Kelley for his service as chairman; and also reminded the Commission of the lunch for Sally Leeper. REGULAR MEETING Consent Agenda Agenda Item II Chairman Obermeyer read the consent agenda into the record as follows A. Approve Minutes of October 8, 1998, Regular Meeting. PAGE B. Final Plat - Consider a request for Villages at Maxwell Creek by Sowell Property Partners -Allen, L.P., being 32.2711 acres of land situated in the D.B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas; further described as being located in the southeast quadrant of Bethany Drive and Malone Road. C Final Plat — Consider a request for Glendover Park Ph. V by D.R. Horton -Texas Ltd , being 45.605 acres of land situated in the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas; further described as being located in the northeast quadrant of County Road 146 and Exchange Parkway, south of Glendover Drive. Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Smith, the Commission voted 5 FOR and 0 OPPOSED to approve the consent agenda items A & B as submitted and item C as re -submitted. TABLEDITEM Bill Campbell III Agenda Item III Chairman Obermeyer read the agenda item into the record as follows: "Consider a request 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." Motion: Upon a motion by Commission Member Smith and a second by Commission Member Pacheco, the Commission voted 5 FOR and 0 OPPOSED to remove Item III from the table. Ms. Diamond presented the item by stating that the proponents have revised their request into a P.D. and added conditions. This property is located in Neighborhood District 9, which per the Land Use Tables, should be developed for an overall average density of 3.4 dwelling units per acre The required community facilities such as parks, schools and fire station sites have been accommodated within adjacent properties. She further stated that prior to platting the property, a General Development Plan and a Facilities Agreement must be submitted to assure that proper circulation is provided. PLANNING & ZONING COMMISSION OCTOBER 22,1998 PAGE Mr. Bill Anderson, Dowdey Anderson, stated in the meetings held with Mr. Conner, adequate ingress and egress needed to be established. He stated that in the I' phase of development, Mr. Conner would allow a chip seal type road, and further stated that Mr. Conner had indicated that the private road was adequate ingress/egress. Ms. Diamond stated that she and Mr. Conner had discussed this issue and what is most important now is that a General Development Plan be entered into which included a phasing plan which determined the infrastructure requirements (road improvements) per phase of development. Commission Member Smith questioned Ms. Diamond that if any concerns arose, would they be addressed before the preliminary plat was approved. Ms. Diamond stated yes, they would be addressed in the General Development Plan, prior to the Preliminary Plat. Mr. Anderson discussed Stacy Rd. and that it would be a 6 lane divided thoroughfare. Mr. Anderson stated that there is some confusion regarding the chip seal road based on what Mr. Conner had previously discussed with him. Ms. Diamond stated that what is most important is access Nothing will be developed until proper access is provided. She also stated that permanent concrete pavement that is adequate for access must be in place, and eventually connect to S.H.121/Stacy Rd and/or Exchange or Ridgeview. She continued by adding that to insure that, a facilities agreement was needed. Mr. Dan Tracy, Civil Engineer, clarified Mr. Conner's intent and noted that at a later time Stacy Rd. will be upgraded to a six lane road. Mr. Anderson also stated that existing Stacy Road will not be the primary point of access. It will simply be a temporary access. However, it will be there as long as Kitty Hawk exists. A second point of access will have to he provided before a specified number of lots could develop. Mr. Anderson continued by stating he agrees to preserve the tree line. Regarding alleys, it's a Subdivision Ordinance issue and stated its not something to discuss at zoning. He added that the ordinance regarding garages makes front entry products difficult. He indicated his desire to work through this at the time of preliminary plat. Mr. Anderson discussed an alley served community. He stated that this strip of homes by the tree line would save trees and have no alley, unlike the other homes. He might like to set back the homes to protect the trees, and have an alley. An H.O.A. would care for the set back area (including the 7 required easement area ) Commission Member Smith stated that this tree row (without the alley) would actually place trees in backyards, which is an amenity. Frank Murphy, Wynne Jackson, stated that their survey has not identified the tree line location. He also discussed the City's requirements for front entry (no alley) homes. He discussed his concept of no -alley development (architecture/development). He stated that they will try to accommodate the tree line. Mr. Anderson mentioned cul-de-sacs. He stated that they do not have a site plan yet. However, the drainage is at the tree line. He is not sure if they can develop cul-de-sacs by the tree line due to the drainage issue. He stated that they would agree to delete the alley as long as they can have some architectural control PLANNING & ZONING COMMISSION OCTOBER 22,1998 PAGE Commission Member Smith noted that since this is going to be a PD, we can work with the proponent on these issues. Mr. Murphy agreed that 2 points of access is needed, and suggested that he could develop the north part of property and access Ridgeview and Stacy and that would be the two points of access. Peter Tian, Traffic Engineer, stated that the 37 feet refers to collector streets. Mr. Conner agreed and stated that whenever they develop one-half or one-third of the lots, the road must be able to support the development. If the temporary road is installed, it can be asphalt, if it's permanent, it must be concrete. Chairman Obermeyer stated that it needs to be clear that two access points will be provided at a certain point in development. Commission Member Pacheco stated that a concrete entrance is a good idea, and a paved road for Kitty Hawk is also good, it may encourage traffic on the concrete road. Mr. Murphy stated that they would draft a facilities agreement before platting. Commission Member Pacheco wondered who would maintain the chip seal road. He stated that a certain time frame should also be addressed. Mr. Murphy noted that a time frame would be difficult to determine Commission Member Pacheco is not comfortable with the lot sizes adjacent to Kitty Hawk One row of large lots is not enough. He would support a tree easement and stated that there needs to he some control at the engineering design stage. Commission Member McGregor stated that he understands the proponent's second point of access. He has no problem with a temporary chip seal road. He requested 100 percent single loaded streets next to the park land. He does not care for the front garages. He would prefer the alley system. Commission Member Kerr asked who owns the private street. Mr. Murphy stated that it is a county road and a private road comes off of that. Commission Member Kerr indicated that viewing access to parks is good. Timing of the second permanent access road is important, and at some point the money needs to be in a facilities agreement or in the general development plan for that access road. Lot sizes are not an issue with him. Commission Member Smith questioned the lots next to the park land. Mr. Murphy stated that they want to provide single loaded streets where possible. Commission Member Smith discussed density. Commission Member Smith would like to see 12,000 sq. ft. lots adjacent to Kitty Hawk. To get the desired density, we would have to go with percentages. We need to keep a running check on these as they develop. Mr. Murphy revisited the surrounding zoning. Commission Member Smith stated that in this Neighborhood District we are actually over in density, and thus her recommendation for larger lots She stated that 3.4 units per acre at the last meeting seemed agreeable to the Commission. PLANNING & ZONING COMMISSION OCTOBER 22, 1998 PAGE Mr. Murphy noted a site targeted for a Middle School next to the southern half of his property This would create a high volume of traffic and he would want higher density homes there. Commission Member Smith stated that she would support a density cap. She would also support 12,000 square foot lots adjacent to Kitty Hawk and a maximum density of 3.4 units per acre. Open space is required and should be identified at the time of platting. Ms Diamond again stated that we need to assure two points of access. One needs to be a permanent concrete road, and one could be asphalt/temporary. The facilities agreement could specify what roads would be developed, the timing and at what cost. She also stated that a traffic study will be required to determine needs for roads to support the development. Mr. Conner stated a traffic impact analysis could prevent over -development, and also a facilities agreement or a general development agreement. Mr. Murphy agreed and stated that 12,000 sq ft lots are a very odd size. He indicated that 11,000 would be sufficient to achieve the density the City desires. Chairman Obenneyer stated that he would support 11,000 sq. ft lots. Mr. Murphy stated that there may he larger lots but he's not sure. Chairman Obermeyer indicated that he expected 11,000 square foot lots would be the minimum. He is concerned with the single loaded streets. Mr. Murphy would like to leave that open Mr. Murphy suggested the wording for the single loaded streets could be "solely provided on the south side of the community park." Chairman Obermeyer is not in favor of the front garage. Commission Member Smith would support the 11,000 sq ft. lots, and the staff recommendation of 3.4 units per acre. Commission Member Pacheco is not so concerned with the overall density cap. He stated he could support 11,000 sq ft. minimum lots along Kitty Hawk. He would support 3.5 units per acre. Commission Member McGregor would also support the 11,000 sq ft. lots. Ms. Diamond noted that the difference between 3.4 and 3.5 units per acre is only 12 lots. Motion: Upon a motion by Commission Member Smith and a second by Commission Member Kerr, the Commission voted 2 FOR and 3 OPPOSED to approve as submitted by the applicant with the following revisions: Commission Members Mark Pacheco, Jeff McGregor and Chairman Ross Obermeyer Opposed. a. All of the lots adjacent to Kitty Hawk Subdivision shall have a minimum square footage of 11,000 sq. ft. lots. b. All lots adjacent to parkland single loaded except 50 percent of the lots on the southern boundary of the property. PLANNING & ZONING COMMISSION PAGE 6 OCTOBER 22, 1998 The following conditions were added to the submitted use and area regulations per staff recommendation and are part of this motion: c. Maximum average density shall be 3.4 dwelling units per acre. d. Prior to development of any portion of the land at least two (2) access roads most be in place. These roads must connect to existing major thoroughfares. A maximum of one of these roads may be temporary, and the other shall he permanent, with standard concrete pavement. e. Prior to platting the property, a General Development Plan will be submitted. This General Development Plan shall be accompanied by a Traffic Impact Analysis to determine: (a) when two permanent access roads are needed to serve the development, and (b) that proper circulation and capacity will be provided for each proposed phase of development. E A Facilities Agreement will be entered between the developer and the City of Allen prior to the approval of any plat on the property. This facilities agreement shall include, but not be limited to the timing and financial responsibilities for the various road and thoroughfare improvements as required by the results of the Traffic Impact Analysis. g. Any lots which back up to the tree line on the eastern line of property adjacent to Fitly Hawk shall not have alleys — the lots shall be 50 percent front entry and 50 percent swing entry. The motion failed. 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 as submitted by the applicant with the following revisions: 1. All of the lots adjacent to Fitty Hawk Subdivision shall have a minimum square footage of 11,000 sq. ft. lots. 2. All lots adjacent to parkland single loaded. The following conditions were added to the submitted use and area regulations per staff recommendation and are part of this motion: 1. Maximum average density shall be 3.4 dwelling units per acre. 2. Prior to development of any portion of the land at least two (2) access roads must be in place. These roads must connect to existing major thoroughfares. A maximum of one of these roads may be temporary, and the other shall be permanent, with standard concrete pavement. PLANNING & ZONING COMMISSION OCTOBER 22, 1998 PAGE 3. Prior to platting the property, a General Development Plan will be submitted. This General Development Plan shall be accompanied by a Traffic Impact Analysis to determine: (a) when two permanent access roads are needed to serve the development, and (b) that proper circulation and capacity will be provided for each proposed phase of development. 4. A Facilities Agreement will be entered between the developer and the City of Allen prior to the approval of any plat on the property. This facilities agreement shall include, but not be limited to the timing and financial responsibilities for the various road and thoroughfare improvements as required by the results of the Traffic Impact Analysis. 5. Any lots which back up to the tree line on the eastern line of property adjacent to Kitty Hawk shall not have alleys 6. The existing tree line along the west property line adjacent to Kitty Hawk, shall be preserved to the extent possible. Findings: 1. Density request was in conformance with the Comprehensive Plan requirement (low density). 2. P.D made this a better land use plan 3. Consideration for transitional lot sizes adjacent to Kitty Hawk 4. Tree preservation 5 Single loaded streets adjacent to park sites 6. Traffic concerns addressed 7 Density cap of 3.4 units in compliance with Comprehensive Plan 8 General development plan was desirable PRELIMINARY PLAT Bethany Lake Estates Addition Agenda Item IV Chairman Obenneyer read the agenda item into the record as follows: "Consider a request for Bethany Lake Estates Addition, by Ben Martin, being 58.336 acres of land situated in the William Snyder Survey, Abstract No. 821, City of Allen, Collin County, Texas; further described as being located in the northwest quadrant of Bethany Drive and F.M 2551." Ms Diamond presented the item to the Planning Commission. She stated that this property was recently zoned R5. The request is for 197 lots on 58.4 acres. It has been requested that a detention pond on the property be maintained by the H.O.A. Mr. Horton is willing to negotiate this issue when the engineering for the final plat is considered. Mutual agreement regarding the pond's design should be a condition of the preliminary plat. Staff recommends the pond issue be resolved before approval of plat. NTMWD is planning to add another sewer line; therefore, the proponent is proposing to construct asphalt roads (F.M 2551) within the easement. Funds will be escrowed to facilitate the construction of concrete streets when the sewer line is complete. L Mr. Lloyd Dicken, Dunnaway Associates, stated that many meetings have been held with City Staff regarding the detention pond. He understands the concern regarding the HOA maintaining this pond. Parks should review erosion control/common areas. Mr. Dicken stated that his engineer has reviewed PLANNING & ZONING COMMISSION OCTOBER 22,1998 PAGE this pond and noted some gentle slopes and then dropping off to about 8 ft. deep. It is a hydraulic issue (the pond), the property is very Bat. He also stated that the street design and storm sewer has been addressed. Chairman Obermeyer questioned Mr. Dicken if he is comfortable with the design. Mr. Dicken stated that they are very comfortable with the design. He'd like to get a better understanding of the City's concerns Don Horton, Director of Park & Recreation, stated that his main concern is years down the road if the HOA no longer exists and the City would then have to maintain the pond. The configuration of it is long and narrow, which is expensive to maintain Mr. Horton gave examples of how the pond could be enhanced — a concrete band around the pond, a fountain, and engineered to get deep quickly. Commission Member Smith wondered if we had any standards regarding ponds. Mr. Conner stated we do not have standards regarding depth or edges, which is Mr. Horton's concern. Mr. Conner stated this is all about a structure under Bethany They want to actually retain some water. Mr. Dicken stated that the pond is a release function; doesn't want a lot of tan -off to endanger Bethany Drive. Mr. Dicken would like to put the design of the pond into a facilities agreement, at the time of final platting. Commission Member Smith stated that this is not a P.D., and understands that Mr. Draken will work this out with staff. Mr. Dicken indicated that he would agree to a facilities agreement prior to final plat to address the pond maintenance issues. Chairman Obermeyer suggested that Mr. Dicken could enter into a mutual agreement between the city and proponent. Mr Horton stated that at some point if the HOA doesn't exist anymore, would the City hold the property owners responsible for the maintenance on the pond? He also stated that as the proponent gets into the engineering of this pond, he would like to review the plans Commission Member McGregor questioned Mr. Dicken about Lot I Block A, does he intend to have alley access? Mr. Dicken stated it would be alley access. Also, Lot 12, Block G. Mr. Dicken stated they have a problem on that one. Also, along Block H, Commission Member McGregor stated that there is no alley, they front the collector and are front entry Mr. Dicken stated that alleys couldn't connect onto a collector street. Commission Member McGregor stated he'd rather have an alley. Commission Member Smith stated she doesn't want front entry on a collector. Commission Member McGregor agreed. Commission Member Pacheco stated that on Lot 12, Block G, the drive could come into the back and not be a front entry Mr. Dicken mentioned a future screen wall and future retail development. Commission Member McGregor doesn't want an alley adjacent to the pond. Mr. Dicken stated front entry can be built by the retention pond. Prior to Lot 5, the alley will be terminated, and that they would work with staff. He was trying to avoid a parallel alley (residential and retail.) PLANNING & ZONING COMMISSION OCTOBER 22, 1998 PAGE Commission Member McGregor continues by noting Lots 1 & 2 Block E — the building line is incorrect He stated that on the plat lot 2 is facing south and should be a 25' building line. Mr. Dicken agreed and also stated that Lot l may have to face south due to the width of the lot, and would alter the building line to 25 feet; he will meet the ordinance requirements. Commission Member Pacheco questioned the number street connections onto F.M. 2551. Mr. Dicken stated that the connection at Lake Tawakoni is a temporary connection with gate control for emergency access only. Commission Member Pacheco stated that he would have a problem with that if there was no gate for control Mr. Dicken stated it will never will be open for access, only for emergency Commission Member Pacheco also questioned Mr. Dicken about the time of the subdivision (Bethany Lakes). Mr. Dicken stated 911 has noted no problems. Chairman Obermeyer and Commission Member Pacheco stated their strong concern with the name, and asked Mr. Dicken if he would consider a different name. Mr. Dicken stated that is up to the owner, and he would try to work something out with the staff. Motion: Upon a motion by Commission Member Smith and a second by Commission Member Pacheco, the Commission voted 5 FOR and 0 OPPOSED to approve the Preliminary Plat for Bethany Lake Estates Addition as submitted including staffs recommendation that a Facilities Agreement be consummated prior to the filing of the plat, which shall include: 1. A commitment to construct asphalt roads inside the NTMWD easement until the additional sewer line is built. Funds will be immediately escrowed that will be eventually utilized to build concrete streets. 2. The proponents and the Parks and Recreation Director, Don Horton, should mutually agree to a design for the detention pond. 3. The financial responsibility for constructing Bethany Dr., and F.M. 2551 should be established. Additionally, the following shall be included in the recommendation for approval: A. The Home Owners Association (HOA) declaration will be reviewed and approved by staff, which provides for the maintenance of all community areas, including the detention area. B. At final plat the collector street, Lake Travis Dr. shall have no homes with front entry (Block H, Lots 1-15), and the homes abutting the drainage detention area also shall not have alleys (Block C, Lots 1— 5). Block C, Lots 6 - 14 may be front entry and could be alley entry at the discretion of the proponent. C. Block E, Lot 2 - the building line shall be 25 feet off of Lake Tawakoni Dr., and the direction of Lot 1 Block E will be determined at final plat. D. Blk A, Lot 1, needs alley access. E. Proponent will consider a name change for this subdivision, not similar to Bethany Lakes Park. PLANNING & ZONING COMMISSION OCTOBER 22, 1998 PAGE 10 �i Commission Member Pacheco suggested phase lines be indicated on preliminary plats when possible. REPLAT Allen City Complex Addition Agenda Item V Chairman Obermeyer read the agenda item into the record as follows: "Consider a request for Allen City Complex Addition, by the City of Allen, being 14.139 acres of land situated in the William Perin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located in the southeast quadrant of McDermott Drive, between Century Parkway and Butler Drive." Ms. Diamond presented the item and stated that the purpose of the replat is to facilitate the construction of the new City Hall. City Staff recommends that the Planning and Zoning Commission approve this replat as submitted Mr Hobbs, Architect, presented a site plan of the proposed City Hall. He stated that the parking and foundation is currently out for bid. It will serve the City Hall and also the Library. Phase 2 parking will be built at another time and will also serve both buildings. 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 replat for Allen City Complex Addition. Other Business: Agenda Item VI Lunch for Sally Leeper was discussed Regarding the Subcommittee for the Zoning Ordinance review, Ms Diamond stated that she and Mr Smith will be meeting next week and hopefully, within 3 weeks, the staff will have a red -lined draft to review with the committee. Commission Member McGregor and Chairman Obermeyer will serve on this committee. Ms. Diamond stated that a very productive meeting regarding the radio tower, etc was held , and possibly could be discussed at the time of the Zoning Ordinance review meeting. The Municipal League sessions were discussed and Chairman Obermeyer, Commission Member Smith, and Commission Member McGregor stated they were interested in attending. Commission Member Ker — will let us know by October 31. Commission Member Pacheco is unable to attend Ms. Diamond reviewed the City Council action from the October 15, 1998 meeting. Chairman Obermeyer thanked Pete Smith for attending the meeting and for his input Adroutn. PLANNING & ZONING COMMISSION PAGE 11 OCTOBER 22, 1998 L MOtion: Upon a motion by Commission Member Pacheco and a second by Commission Member Smith, the Commission voted 5 FOR and 0 OPPOSED to Adjourn the October 22, 1998 meeting at 10:55 p.m. These minutes approved this JA"�dayof /V Dl/�1LYJL2_ 1998. Ross Obermeyer, Chairman Pamela Smith, Secretary