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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1998 - 12/10 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING DECEMBER 10, 1998 ATTENDANCE: Commission Members Present: Jeff McGregor, Vice -Chairman Jeffrey Kelley Pamela Smith, Secretary (arrived 7:35p.m.) Scott Neice Kevin M. Kerr Commission Members Absent: Ross Obenneyer, Chairman Mark Pacheco City Staff Present: Ms. Diamond, Senior Planner Pam Conway, Secretary Dan Tracy Carolyn Thomas Don Horton Michael Stanger (arrived 11.30 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 7.12 p.m., by Acting Chairman McGregor, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Acting Chairman McGregor stated that he has read in the Comprehensive Zoning Ordinance regarding side yards adjacent to streets in residential lots. He suggested that the Commission and staff should review this provision with the pending update of the Zoning Ordinance. Ms. Diamond stated that in the Twin Creeks ordinance (P.D.54) it states the side yard setback adjacent to a street may be 15 feet. Commission Member Kelley asked about the tree removal process. He noted that on the V illas at Suncreek, they plan to remove some large Elms, Pecans, etc. Ms. Diamond read the process from the ordinance. REGULAR MEETING Consent Aeenda Aaenda Item II Acting Chairman McGregor recognized and introduced Carolyn Thomas, Planning Intern, to the Commission and the audience. Acting Chairman McGregor read the consent agenda into the record as follows. PLANNING & ZONING COMMISSION PAGE 3 DECEMBER 10, 1998 Analysis (TIA), and currently neither of those indicate a need for an additional lane on the service road, the need, and the city's ability to acquire it at this time is questionable. Commission Member Kerr stated that he agreed we may need the additional lanes of service road at some future date; however, he would not feel comfortable requesting additional R.O W from the proponent at this time. Motion: Upon a motion by Commission Member Kelley and a second by Commission Member Kerr, the Commission voted 4 FOR and I OPPOSED to approve the request as submitted. Commission Member Smith was Opposed. The Motion Carried. PUBLIC HEARING Replat— Bethany Center Two, Lot 3 Agenda Item IV Acting Chairman McGregor read the agenda item into the record as follows: "Consider a request for Bethany Center Two, Lot 3, being a replat of .362 acres of land situated in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located at the northwest corner of SH 5 and Bethany Road." Ms. Diamond presented the case to the commissioners. She stated that this is a replat to allow for the development of a drive through restaurant. Five feet of right-of-way are being dedicated to facilitate improvements for the SHS and Bethany Drive intersection. Staff recommends approval as submitted. Jeff Whitten, Pacheco Koch Engineers, is the proponent and stated he is available to answer any questions. Commission Member Kelley asked about the drive approaches. Mr. Whitten stated that there are no additional drive approaches from Bethany Drive. Acting Chairman McGregor stated that there is only one point of ingress and egress on this property. Commission Member Kelley asked about the 20 foot access easement. Is the Fire Marshall comfortable with this? Mr. Whitten stated it has been approved by the Fire Marshall. Ms. Diamond stated they have a sufficient coming radius, so the 20 foot easement is acceptable. Acting Chairman McGregor opened the Public Hearing. With no one wishing to speak for or against the request, the Public Hearing was closed. Motion: Upon a motion by Commission Member Neice and a second by Commission Member Kelley, the Commission voted 5 FOR and 0 OPPOSED to approve the replat as submitted. Motion Carried. PUBLIC HEARING Replat - Harley-Davidson Allen Addition, Lots I & 2, Block A. Agenda Item V Acting Chairman McGregor read the agenda item into the record as follows: PLANNING & ZONING COMMISSION PAGE 5 DECEMBER 10, 1998 Mr. Culp stated that he does want to be a good neighbor, but he added that this will affect the street side and not affect the space between homes. Also, that it is in conformance with the other homes in the neighborhood. Commission Member Smith questioned why the 15 foot side yard was not set at the original platting. Mr. Culp stated they just bought the lot and he's not sure. Ms. Barbara Villareal stated that the other lot across the street is the same way. With no one else wishing to speak for or against the request, the Public Hearing was closed. Acting Chairman McGregor called Commission Member Smith's attention to the illustration in the Zoning Ordinance which was discussed in the workshop regarding comer lots. Again, this is a Planned Development, so it may not help in this case, but Ms. Diamond stated that she will research this for the future, it may be applicable in straight zoning. Commission Member Kelley asked Mr. Culp about other lots along Commanche. Commission Member Kelley stated this is an unfortunate oversight, and he wouldn't have a problem with it except that now there are neighbors that bought their homes believing in a different configuration of the lot. Commission Member Smith agreed with Commission Member Kelley Her concern was that the corner building line is too close to the street. She stated that it would have a visual impact. She's not favorable to granting this request. Commission Member Neice stated that he has noted other homes along Commanche with the same side yard view, with the only difference being the alley configuration Mr. & Mrs. Villarreal stated their understanding was that that house would face Twin Creeks Drive. Commission Member Kelley stated that they were told incorrectly. They noted that they were told that by Mr. Culp's company when they bought their house. Commission Member Ker asked Mr. Culp the square footage of the home that could be built on this lot as is? Mr. Culp stated a 2,000 to 2,500 square foot home. He also stated that the other homes in the area are 2,700 to 3,500 square feet. Acting Chairman McGregor stated that the item could be tabled to give the builder the opportunity to redesign a product to fit. Commission Member Smith stated she would vote in opposition to the request. Commission Member Ker stated that a mix of house sizes in the neighborhood is good. He also stated that lot 200 is the most affected lot and the homeowners are not here to speak. He would support this request. Commission Member Neice would like to better visualize how the home would look facing the other way Commission Member Kelley stated that his initial reaction to this was the request was reasonable; however, he did not drive by the area. PLANNING & ZONING COMMISSION PAGE 7 ■` DECEMBER 10, 1999 Ms. Diamond stated that prior to the final plat stage, a Facilities Agreement would be prepared. Commission Member Kelley stated that if the traffic study does not require additional dedication, he is not willing to impose the additional requirement upon the proponent Commission Member Smith stated that she talked to TXDOT and they advised her that this is the time to get your R.O.W for the future; they would not request the additional R.O.W from us, we would have to request it from them. She stated they are looking at safety, the city needs to look at the traffic volume. Commission Member Neice added that it seems we are changing the rules we have set forth. Is this a bigger issue? Commission Member Smith stated that she questioned TXDOT and they stated that we would have to request the additional R.O.W There is not quite enough R.O.W for the 3b lane. The need could arise in the future for a 3r° lane. TXDOT won't come to us. Commission Member Smith stated that this is our only opportunity to acquire the additional R.O.W She stated that she has spoken with Council members and they indicated that they thought we were getting the R.O.W for a 3'" lane. Acting Chairman McGregor clarified with Commission Member Smith that the city needs to request the additional lane, not TXDOT. She stated that's what TXDOT told her. Commission Member Smith stated that she, like the City Council, also assumed we would have 3 lanes on our service roads. Mr. Clark stated that the traffic study reflects conditions through 2020. Two lanes with deceleration lanes at the driveways were required for this development. He suggested that there is no developer along U. S. 75 who would disagree with a 25 foot landscape easement (reserve 8 — 10 ft. for parkway/reservation of R.O.W.) along U.S. 75 to help with this situation. Commission Member Kelley stated that may be a good suggestion. Commission Member Ker stated he does agree with Commission Member Smith, but do we sacrifice the landscape easement to build the additional service road lane? He would be favorable to have the land available. Ms. Diamond stated that the thoroughfare plan does not address the needs of highways, such as U.S. 75 and S.H. 121, and the city depends on TXDOT to determine R.O.W requirements. Ms. Diamond again noted that this is a preliminary plat. This will give staff time to revisit the issue of a 3" lane on the U.S. 75 service road, prior to final platting. This preliminary plat can be approved subject to conditions. Mike Clark stated that TXDOT has designed the main lanes of U. S. 75 to the year 2020, and therefore has planned the service roads. Commission Member Ker stated that we must be able to establish some reasonable need for the additional R.O.W He would vote to approve subject to further study. Mike Clark stated that he has a client who is prepared to spend substantial money on plans that would be affected by this additional 10 feet, and therefore the decision on this is critical. PLANNING & ZONING COMMISSION DECEMBER 10, 1998 PAGE9 restaurant will be attached and made a part of the ordinance that establishes this S.U.P. The Commission voted 5 FOR and 0 OPPOSED to approve this request. Motion Carried Findings: I. This use is appropriate in this location 2. The S U.P complies with the city's regulations 3. This type of restaurant is needed in the City of Allen PUBLIC HEARING Villa Custom Homes Agenda Item IX. Acting Chairman McGregor read the agenda item into the record as follows: "Consider a request by Villa Custom Homes, to amend Planned Development No. 71 (P.D No. 71), being 13.735 acres of land located in Abstract No. 854, Abstract No. 47 and Abstract No. 1018, City of Allen, Collin County, Texas; further described as being located at southwest of McDermott Drive and Suncreek Drive." Ms. Diamond presented the request to the Commission. The proponent requested two amendments to the existing Planned Development. The first is to amend the Use and Area regulations to allow for a reduction in the rear yard setback from the required 15 feet to 10 feet. Also being requested is an allowance for the placement of garage doors on the proposed front entry homes to face the street, with a minimum setback of 20 feet. The proponent has stated that the purpose of these requests is to allow for maximum flexibility in home design and to preserve trees where feasible. Staff is recommending approval of the request to reduce the rear yard setback from 15 to 10 feet, and denial of the amendment to the garage setback requirement. Richard V lad, 5825 Yearly, Piano; stated that the reason for the front entry garages is to save the trees. He directed the Commission Members to view the pictures in their packet showing the typical home that would be built. Acting Chairman McGregor Opened the Public Hearing. With no one wishing to speak for or against the request, the Public Hearing was closed. Commission Member Smith asked the proponent if the lots would be set back consistently Richard Vlad stated that they want some flexibility If there is a tree in the front, they may want to shift the house back. Commission Member Kerr stated that he has no concerns with the 10 foot rear setback. However, he is not in favor of the front facing, front entry garages. ki Commission Member Kelley agreed with the staff recommendation to not approve front entry garages. One of the concerns is the garage contents being visible. In this particular case, however, because this is a gated community, he had no concerns with the garages facing the front. PLANNING & ZONING COMMISSION PAGE 11 DECEMBER 10, 1998 PRELIMINARY PLAT Villas at Suncreek Agenda Item X. Acting Chairman McGregor read the agenda item into the record as follows: "Consider a request for Villas at Suncreek, being 13.74 acres of land situated in the Alfred Slack Survey, Abstract No. 854, Joab Butler Survey, Abstract No. 47, and Joseph H. Wilcox Survey, Abstract No. 1018, City of Allen, Collin County, Texas; further described as being located southwest of McDermott and Su rcreek Drive." Ms. Diamond presented the request to the Commission. She stated that a 3.42 acre dedication of floodplain is identified on the plat. The approximate location of an eight -foot jogging Vail is also delineated. Lot 1 contains a fire lane easement to provide emergency access redundancy It will be maintained by a Homeowners Association (HOA), and be screened to fire department standards with a wrought iron gate. Final plat subject to Roma Lane being changed to Roma Court, because it is a cul-de-sac. Staff recommends approval as submitted. Richard V lad, Villa's at Suncreek, stated that he was available for any questions. Commission Member Neice questioned if the hike and bike trail would connect to the existing trail in Suncreek. Mr. Vlad stated that it has the potential to connect. Don Horton, Director of Parks and Recreation, noted that the City will maintain the trail. Motion: Upon a motion by Commission Member Kelley and a second by Commission Member Smith, the Commission voted 5 FOR and 0 OPPOSED to approve the request subject to Roma Lane being changed to Roma Court. Motion Carried. COMBINATION PLAT Pecos Ranch Apartments Agenda Item XI Acting Chairman McGregor read the agenda item into the record as follows: "Consider a request for Pecos Ranch Apartments, being 22.171 acres of land situated in the Henry Weisel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; further described as being located northwest of Exchange Parkway and SH 5." Ms. Diamond presented the request to the commission. She slated that the tributary along the east side of the property is identified as a drainage and pedestrian easement, and dedication is not mandatory. The Parks Director, Don Horton, has indicated that he does not want to maintain this area. The 50 foot front yard building line was established by the Planned Development Ordinance, and exceeds the 25 foot minimum front yard Zoning Ordinance standard. Staff recommends approval as submitted. Mike Clark, Winkelmann & Associates, Dallas stated that he is available for any questions. Commission Member Smith stated her concern is regarding the public park, and as you travel south, the park will be privately owned. A pedestrian easement will be located through the property She questioned why Mr. Horton doesn't want this property ! Mr. Horton stated that they don't want to maintain it. This is not a primary creek, the channel of the creek PLANNING & ZONING COMMISSION PAGE 13 DECEMBER 10, 1998 Commission Member Smith questioned why the parkidrainage channel wasn't already worked out Mr. Linder stated it was discussed at the last Technical Review Committee (TRC) meeting, and that Mr. Horton and he would work this out as a stipulation of the Preliminary Plat. He also stated that this is a natural drainage area and it is already conveying water from existing property and will continue to convey water. Mr. Linder stated that this drainage area would not be used as park credit. Park credit is for only high and dry land. Don Horton stated that he would prepare design standards for that park area before final plat. Commission Member Kerr shared Commission Member Smith's concerns regarding the alleys close to S.H 5. Mr. Linder stated that George Conner, Director of Public Works, stated at the TRC meeting, these alleys would carry minimal traffic, and there was few alternatives in this area. Frank Murphy, Wynne Jackson, the developer, stated that this configuration has been designed by the Catholic church with the school site in mind. Commission Member Smith stated that she stands firm on her position regarding the alleys. She is not in favor of this design. Commission Member Kerr agrees they are a problem. Commission Member Kelley suggested one way to solve the problem would be to tum out the alley to the north to the adjacent development, since it is also on this agenda for consideration. Rich DeOtte, Dunnaway & Assoc., developer of the property to the north, (Reid property) stated that he is not anticipating an alley in that area, and until tonight, was not aware of Spring Meadow's layout. Commission Member Kelley stated that this is a safety issue, (the alley across from each other and close to S H. 5), would like consideration of this issue by the property to the north. Mr. DeOtte stated that the alley entrance from SH5 does not appear to be a safety issue on the Spring Meadow plat. Mr. Murphy stated that he could move the alley back, like a flag system, between lot 2 and 3, Block A. Commission Member Kelley stated that we have gone to great lengths to avoid opposing alleys. Ifs a child safety issue. He can't say what a reasonable alternative would be on this plat. Commission Member Niece questioned the side yard on lot 6 block B. He stated that it looks exactly like the lot in Twin Creeks that we denied earlier this evening. Frank Murphy stated they would review these issues Acting Chairman McGregor stated that he is in favor of using alleys except where tree preservation is concerned. Mr. Murphy stated they would like to develop a product enabling them to delete some alleys, and therefore delete the alley issues discussed tonight. Commission Member Smith suggested that in the motion it should be mentioned that the proponent shall adhere to the Tree Preservation Ordinance. The western line of Block E, was a concern. Discussion continued regarding the alley design Motion: Upon a motion by Commission Member Smith and a second by Commission Member Kelley, the Commission voted 5 FOR and 0 OPPOSED to approve the request with the following amendments: PLANNING & ZONING COMMISSION PAGE 15 DECEMBER 10, 1998 Commission Member Neice had no problem with the sprinkler system. Acting Chairman McGregor stated that on the southern boundary, Block F, there is no alley Ms. Diamond noted that the adjacent property is zoned Corridor Commercial, which is a heavier use, and the alley is not appropriate. Acting Chairman McGregor would like to see some commitment to not have the stockade fences along S H 5. He also is not in favor of the sprinkler requirement. He would rather see another configuration of the street. Commission Member Smith is also concerned about the 3 alley cuts coming out onto Wagon Wheel. (Block C). She would like to eliminate so many alley turnouts. Motion: Upon a motion by Commission Member Kelley and a second by Commission Member Kerr, the Commission voted 4 FOR and 1 OPPOSED to approve with the following stipulations: 1. The Lone Star Gas line be relocated prior to filing the final plat. 2. Houses on Lots 41-48 Block A must be sprinklered as indicated on the plat. 3. Facilities agreement regarding S.H. 5 improvements must be consummated prior to final plat approval. 4. The owner shall work with the adjoining property owner south of Arrowhead, on the connection of Block F, (alley) to eliminate the safety concern. Commission Member Smith Opposed. The Motion Carried. PRELIMINARY PLAT Parkside No. 4 Agenda Item XIV Acting Chairman McGregor read the agenda item into the record as follows" "Consider a request for a Preliminary Plat for Parkside No. 4, being 79.022 acres of land situated in the Simon Burns Survey, Abstract No. 92, City of Allen, Collin County, Texas; further described as being located at the northwest comer of Malone Road and Bethany Drive." Pat Atkins, KPA Consulting Inc., 14800 Quorum Dr., Dallas, represented D.A. Horton on this application. Commission Member Smith discussed curvilinear streets with Mr. Atkins. Commission Member Kelley discussed opposing alleys on Summerfield and Matterhorn. Mr. Atkins stated they would take a look at that. Motion: Upon a motion by Commission Member Smith and a second by Commission Member Kerr the Commission voted 5 FOR and 0 OPPOSED to approve the request with the stipulation that the proponent would relocate the alley turnouts so that they don't exit onto Malone. The Motion Carried PUBLIC HEARING Southwestern Bell Wireless Agenda Item XV Acting Chairman McGregor read the agenda item into the record m follows: "Consider a request by Southwestern Bell Wireless to place a Specific Use Permit for a Communication Facility on property currently zoned Light Industrial (LI), being .028 t acres of land situated in Lot 2, Block PLANNING & ZONING COMMISSION DECEMBER 10, 1998 PAGE 17 PUBLIC HEARING Reid Family Enterprises, Ltd. Agenda Item XVI. Acting Chairman McGregor read the agenda item into the record as follows: "Consider a request by Reid Family Enterprises, Ltd. to amend Planned Development No. 70, being 64.090 acres of land situated in Abstract No. 427 in the D.B. Heame Survey, City of Allen, Collin County, Texas, further described as being located at the southwest comer of Bethany Drive and FM 2551 " Ms. Diamond presented the request to the commission. She stated that the current request is to retain the uses currently permitted, but to increase the overall size and acreage of both the single family (including the amount of open space) community facility tracts and to decrease the local retail tract. Staff recommends approval subject to the Use and Area Regulations, and the following condition: A reduction in the overall gross residential density by incorporating a mixture of units with the lots west of the open space areas to be a minimum of 6,000 square feet and the remaining to be a minimum of 7,500 square feet to address the recommendations of the 1998 Comprehensive Plan. The larger lots should be provided within the eastern portion of the property in close proximity to the lower density residential envisioned in the communities to the east. Ron Haynes, 17817 Davenport, Dallas; presented a zoning exhibit to the Commission and explained the design. Due to some water con off problems, a new design has been created with a series of small man-made lakes conning through the development. Acting Chairman McGregor opened the Public Hearing With no one wishing to speak for or against the request, the Public Hearing was closed. Mr. Haynes explained that the lakes are man-made and will be an asset to the development. Don Horton noted that this does have single -loaded streets and that is favorable. Mr. Haynes noted that there would be a lot of natural landscape. Commission Members Kerr, Kelly and Smith stated that they were in favor of the request. Commission Member Neice wondered how the water would stay in the lakes in the summertime. Mr. Haynes stated that they will be 5 foot deep and should not go dry. A Homeowner's Association will maintain the lake areas and they will not become an eyesore. Mr. Horton stated that whoever develops first (property to the north or this property) should develop some design standards, i.e. slopes, depths, etc. There was also discussion concerning the provision of wrought iron fencing and single loaded -streets adjacent to the open space areas. Mr. Haynes offered to provide single - loaded streets adjacent to a minimum of 50 percent of the lakes/open space areas. Acting Chairman McGregor asked about phasing, Mr. Haynes stated it would be developed in one phase. Ms. Diamond stated that there are Use and Area Regulations attached to this P.D. The maximum number of units will be 160. PLANNING & ZONING COMMISSION DECEMBER 10, 1998 PAGE I8 Commission Member Smith and Acting Chairman McGregor reminded the proponent of the requirement for alleys. Motion: Upon a motion by Commission Member Smith and a second by Commission Member Neice, the Commission voted 5 FOR and 0 OPPOSED to approve the request to amend the Planned Development subject to the use and area regulations being amended to include the following: • Proponent will work out the design of the lake with staff. • Wrought iron fencing will be adjacent to the lakes/open space, and • 50 percent of the streets on the lakes/open space will be single loaded. Motion carried. Findings. I. The proposed revisions increased the acreage devoted to single family and open space 2. The retail area is reduced. 3. There will be single -loaded streets adjacent to most of the open space area, and wrought iron fencing will be required. 4. The Community Facilities site is large enough to accommodate the proposed elementary school. Other Business Agenda Item XVII Ms. Diamond stated that Mr. Bill Petty has requested participation from P & Z member in the Capital Improvements Program (C.I.P.) and she encouraged the Commission Members' participation. Stale will look into the needs for a 3r° lane on the service road for U.S. 75, and various options and opportunities to acquire the right-of-way as needed Adiourn. Motion: Upon a motion by Commission Member Niece and a second by Commission Member Kerr, the Commission voted 5 FOR and 0 OPPOSED to adjourn the December 10, 1998 meeting at 2:35 a.m. These minutes approved this 14111day of - I,i, Ill.l , b — yrAc[ing Chairman Pamela Smith, Secreta