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Min - Planning and Zoning Commission - 1982 - 04/08 - RegularL ALLEN PLANNING AND ZONING COMMISSION Regular Meeting April 8, 1982 Present• Commissioners• Jim Pendleton, Chairman Jim Wolfe, Vice Chairman Sarah Chumbley, Secretary Carol Henry Wayne Armand Gary Koch Jack Decatur City Staff: Bill Petty, Building Official Sherry Massett, Permit Clerk The regular session of the Allen Planning and Zoning Commission was called to order by Chairman Pendleton at 7:30 D.m. on Thursday, April 8, 1982, at Rountree Elementary School, 800 E. Main Street. Approval of Minutes: March 25, 1982 (Agenda Item II) MOTION: Upon a motion by Commissioner Koch and second by Commissioner Wolfe, the Commission voted seven (7) for and none (0) opposed to approve the minutes of the March 25, 1982, Regular Meeting. The motion carried. Public Hearing: On Proposed Ordinance amending Zoning Ordin- ance to include "arcades" (Agenda Item III) Chairman Pendleton read the request into the record as follows: "Public Hearing - On proposed ordinance amending the Comprehensive Zoning Ordinance to include the now unlisted use of "arcade"." ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 2 Public Hearing: On Proposed Ordinance on "Arcades" (Cont.) Bill Petty, Building Official, gave the Commissioners a copy of the final draft of the proposed ordinance. He then reviewed and explained the intent of the proposed ordinance. Chairman Pendleton opened the Public Hearing. The following persons spoke before the Commission either for or against and/or asked questions pertaining to the proposed ordinance: Jim Streetly, 544 Ridgemont Chairman Pendleton closed the Public Hearing. Commissioner Wolfe read the following Commission findings into the record: 1. There is a community -wide concern over the proliferation of arcades in the City of Allen. 2. There currently exists no ordinance to govern 3 the location and control of arcades. D 3. Texas state law allows the complete unrestri- cted right of any business to install video machines as a secondary use without defining what constitutes a primary use. 4. The City Attorney has reviewed the proposed ordinance and has given his opinion that it is both legal and enforceable. 5. It is in the interest of promoting the general welfare of the citizens of Allen to restrict and control the location and operation of arcades. MOTION: Upon a motion by Commissioner Wolfe and second by Commissioner Henry, the Commission voted seven (7) for and none (0) opposed to recommend approval of the amendment to the Comprehensive Zoning Ordinance No. 366-10-81 to define and include the now unlisted use of arcade. Public Hearing - On Site Plan Approval Request on 37± Acres by Fox & Jacobs, Inc. (Zoning Case No. Z3-8-82-8) (Agenda Item IV) Chairman Pendleton read the request into the record as follows: -61- ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 3 Public Hearing - On Site Plan Approval by Fox & Jacobs (Cont.) "Public Hearing - On site plan approval request by Fox & Jacobs, Inc. on approximately 37 acres, presently zoned TH-PD No. 7 (Townhouse - Planned Development), located to the south of Ridgemont Drive and north of Chapparal Road, and bounded on the west by the Corporate City Limits line and on the east by the floodway area (Zoning Case No. Z3-8-82-8)." Steve Bezner and Ron Morris, both of Fox & Jacobs, Inc., spoke before the Commission concerning this request. Mr. Morris addressed the current housing trends, the site analysis of their request, site models, and showed slides of what the development should look like. Chairman Pendleton opened the Public Hearing. The following persons spoke before the Commission either for or against and/or asked questions pertaining to the proposed site plan: Kim Hudson, 631 Wandering Way 9 Susan King, 657 Leading Lane Guadulupe Martinez, 508 Ridgemont Jim Streetly, 544 Ridgemont Donald Snyder, 1018 Hawthorne Clyde Richards, Owner of Little People's Academy, 505 E. Ridgemont Some concerns expressed were the traffic around the day care center on Ridgemont Drive and about the ingress and egress of construction related vehicles. Chairman Pendleton closed the Public Hearing. Commissioner Wolfe read the following Commission findings into the record: 1. The request is consistant with the City of Allen's Comprehensive Plan, Plate No. 12. 2. The request provides for a lower overall density of housing than the current TH-PD zoning, 6.5 units per acres as opposed to 10.8 units per acre. 3. The request exceeds the open space requirement of the PD Ordinance. SYL ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 4 Public Hearing - On Site Plan Approval by Fox & Jacobs (Cont.) 4. The overall average square footage of the units will exceed the TH minimum of 1,000 square feet, and the overall lot size will exceed the minimum of 3,300 square feet required by TH zoning. 5. Certain concessions are requested from the standard use requirements to allow the construction of the cluster and courtyard homes. These variations include: a. 15 Units in the courtyard area will have a floor area of less than 1,000 square feet or 825 square feet. b. lot sizes in the courtyard area will be less than the 3,300 square foot minimum, but not less than 2,200 square feet. C. Construction density in the courtyard area will be 12 units per acre rather than the 10.8 per acre TR requirement. d. No minimum dimensions are specified for cluster or courtyard lots. MOTION: Upon a motion by Commissioner Wolfe and second by Commissioner Armand, the Commission voted seven 14 (7) for and none (0) opposed to accept the following amendments to this request: 1. TR -PD No. 7 is amended to include the Use Regulations attached hereto and made a part hereof. 2. The preliminary landscape plan, deed restri- ctions, and homeowners association charter are also included as a part of the TH-PD No. 7 ordinance and final versions will be supplied for approval with the final plat. 3. The site plan is accepted as a concept design and a use plan only, and in the event of a conflict between these plans and the City of Allen' Subdivision Ordinance, the City's Subdivision Ordinance will prevail and such conflicts will be resolved prior to acceptance of the final plat. 4. Courtyard home regulations will be amended to reflect a 2,200 square foot lot size minimum and a minimum separation between the detached dwellings will be 8 feet. 5. The 33 feet of Chapparal Road will be completed prior to the development in Collin Square. The motion carried. -63- ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 5 Public Hearing - On Site Plan Approval by Fox 6 Jacobs (Cont.) MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Henry, the Commission voted seven (7) for and none (0) opposed to approve the site plan on TH-PD No. 7 with the inclusion of the amendments. The motion carried. Chairman Pendleton recessed the Regular Session of the Allen Planning and Zoning Commission at 9:25 p.m. The meeting reconvened at 9:40 p.m. Public Hearing - On Request to Rezone 9± Acres from MF -1 to MF -2 by Robert Burkart (Zoning Case No. z3-18-82-9) (Agenda Item V) Chairman Pendleton read the request into the record as follows: "Public Hearing - On a request by Robert F. Burkart to rezone approximately 9 acres of land from MF -1 (Multi -Family) to MF -2 (Multi - Family). This 9± acres described as being part of the David Wetzel Survey, Abstract #977, further described as being located at the corner of Jupiter Road and future Park Place (Zoning Case No. Z3-18-82-9)." Mr. Robert Burkart came before the Commission concerning his request. He gave some background on this particular property, addressed the need for apartments in Allen, traffic flow in the area, and adjacent property owner's concerns. Mr. Burkart then gave the Commission a copy of two letters from Dr. John Horn, Superintendent of Schools, concerning the proximity of Mr. Burkart's proposed apartments to Ford Middle School (Copies Attached). Ms. Mary Melton, a realtor, then addressed the need for multi -family housing in the City of Allen. Chairman Pendleton opened the Public Hearing. The following persons spoke before the Commission against the rezoning request: Wanda Hannon, 639 Leading Lane Janet Logan, 651 Leading Lane Kim Hudson, 631 Wandering Way -64- I LI ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 6 Public Hearing - On Rezoning Request by Robert Burkart (Cont.) Kim Hudson submitted a petition to the Commission of persons against Mr. Burkart's rezoning request (copy attached). Chairman Pendleton closed the Public Hearing. Considerable discussion was held on the traffic situation that could develop if the zoning was approved. MOTION: Upon a motion by Commissioner Armand and second by Commissioner Koch, the Commission voted two (2) for and five (5) opposed (with Commissioners Pendleton, Wolfe, Chumbley, Henry, and Decatur casting negative votes), to deny the request. The motion failed. MOTION: Upon a motion by Commissioner Wolfe and second by Commissioner Decatur, the Commission voted five (5) for and two (2) opposed (with Commissioners Armand and Koch casting the negative votes), to amend this request to add the refund of fees due to the fact that the property was backzoned. The motion carried. MOTION: Upon a motion by Commissioner Wolfe and second by Commissioner Chumbley, the Commission voted five (5) for and two (2) opposed (with Commissioners Armand and Koch casting the negative votes), to recommend approval of the rezoning request as submitted with the amend- ment. The motion carried. Set Date for Public Hearing on Request for Zoning Change by Clark Fishel on 5± Acres From R-3 to R-5 Zoning Case No. Z3-30-82-11 (Agenda Item VI) Chairman Pendleton read the request into the record as follows: "Set date for Public Hearing on request for zoning change by Clark Fishel on approximately 5 acres from R-3 (Residential) to R-5 (Residential). This 5± acres described as being a part of the David Wetzel Survey, Abstract #977, and further described as fronting the west side of Jupiter Road and being south of Cottonwood Creek and east of Timbercreek Addition (Zoning Case No. Z3-30-82-11)." -69- i ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 7 Set Date for Public Hearing on Zoning Change on 5± Acres by Clark Fishel (Cont.) Mr. Clark Fishel appeared before the Commission and asked that they set a date for Public Hearing on this request. MOTION: Upon a motion by Commissioner Armand and second by Commissioner Koch, the Commission voted seven (7) for and none (0) opposed to set the date for Public Hearing on this request for May 13, 1982. The motion carried. Chairman Pendleton recessed the Regular Session of the Allen Planning and Zoning Commission at 11:00 p.m. The meeting reconvened at 11:06 p.m. Discuss Procedure for Submitting Written Reports for Zoning Recommendations (Agenda Item VII -A) Chairman Pendleton read the request into the record as follows: "Discuss procedure for submitting written reports for zoning recommendations." Bill Petty, Building Official, discussed the state law requirements with regards to the Planning and Zoning Commission. Mr. Petty explained that state law, as well as the City's Zoning Ordinance (Section 4.03), requires that a written report be submitted with each recommendation to the City Council. He recommended that the report state the reasons for approval or denial of a request. There was considerable discussion on how these reports should be written and what criteria they should contain. No action was taken on this item. Distribution of Consultant's Report of Updating Planning District No. 4 (Agenda Item VII -B) Chairman Pendleton read the request into the record as follows: "Distribution of consultant's report on updating charts and tables in the Comprehensive Plan as related to Planning District No. 4." mm ALLEN PLANNING AND ZONING COMMISSION APRIL 8, 1982 PAGE 8 Distribution of Consultant's Report on Updating Planning District No. 4 (Cont.) Bill Petty, Building Official, advised the Commission that City Staff received a rough draft of the report, but that the report was not yet ready for distribution. Mr. Petty informed the Commission that they would receive a completed copy of the consultant's report next week. No action was taken on this item. Set Date for Workshop Session on 855± Acre Planned Development Request by Willard McDaniel and the Cambridge Companies Zoning Case No. Z11-11-81-1) (Agenda Item VII -C) Chairman Pendleton read the request into the record as follows: "Consideration of setting a date for a Workshop Session with the Consultant on the 855± acre Planned Development request by Willard McDaniel, Inc. and the Cambridge Companies Development Corporation. The 855± acres of land being located east of Jupiter Road and north of Chapparal Road (Zoning Case No. Zll-11-81-1)." MOTION: Upon a motion by Commissioner Armand, and second by Commissioner Henry, the Commission voted seven (7) for and none (0) opposed to set the date of April 19, 1982, for a Workshop Session with the consultant on this request. The motion carried. Adjournment MOTION: Upon a motion by Commissioner Armand and second by Commissioner Koch, the Commission voted seven (7) for and none (0) opposed to adjourn the regular meeting of the Allen Planning and Zoning Commission at 12:13 p.m. The motion carried. These minutes approved on the 13th day of Mav , 1982. Ji Pendleton, CHAIRMAN -67- Sarah Chumbley, SECRET RY ATTACHMENT NO. 1 TO MINUTES OF APRIL 8, 1982 r ALLEN INDEPENDENT Dr. John Horn, Supenntendent SCHOOL DISTRICT April 7, 1982 Mr. Robert F. Burkart Ling Oliver O'Dwyer Elec., Inc. Box 225529 Dallas, TX 75265 RE: Traffic Around Ford Middle School Dear Mr. Burkart: At the time the planning was done on the development of Ford Middle School site, a number of assumptions were made. One of those was that the proposed thoroughfare and traffic plan would be eventually implemented reasonably close to what was reflected in the City Plan in 1978. Consideration for traffic around Ford Middle School took into considera- tion that construction would occur according to the zoning listed at the time. When all streets are constructed in that area of town, I do not anticipate any major congestion problems. The first couple of years that Ford is in use, some traffic congestion problems will occur. Those problems are generated primarily by the school itself. Of course, we are concerned about any proposed development that would create difficulties for us to properly utilize a school site. However, we are not of the opinion that use of our property would be adversely affected by your construc- tion on your property according to zoning at the time. Sincerely yours, John Horn, Ed.D. Superintendent JH:pc AISD, 700 East %lain Street, P O. Box 13 Allen, Texas 75002 • (214) 727-5611 • 248-0313 (metro) —68— ATTACHMENT NO. 2 TO MINUTES OF APRIL 8, 1982 Dr. John Horn, Superintendent ALLEN INDEPENDENT SCHOOL DISTRICT April 6, 1982 Mr. Robert F. Burkart Ling Oliver O'Dwyer Elec., Inc. Box 225529 Dallas, TX 75265 Dear Mr. Burkart: This is in response to your request about the location of Ford Middle School. The original site study was completed in November of 1978. The study used the best planning information available at the time regarding land use patterns and population density. Specifically, the "City of Allen, Texas Comprehensive Urban Plan, Environment, Housing, Land Use, Implementation" was used as a guide to population estimates for the school's service area. Your property is in Planning District Four (4) and the estimates did indicate the possibility that "R-32" - Multi -Family Zoning would be implemented on your property. pith respect to student population irpact on Ford and Rountree, there are no problems with that density. The student to single-family dwelling ratio in Hillside is .63, which is down from the 1979 ratio of .79. The overall district average for 1982 is .72. The only major apartment complex in Allen has 72 units completed and occupied. Those apartments have a student to unit ratio of .20. In other words, it takes about three apartments to generate as many students as one single-family dwelling. If you need further information, please do not hesitate to call. Sincerely yours, John Horn, Ed -D. cc: Jon McCarty Superintendent AISD, 700 East .Main Street, P O. Box 13, Allen, 'texas 75002 • (214) 727-5611 • 248-0313 (metro) —69— PAGE 1 OF ATTACHMENT 3 OF APRIL 8, 1982 MINUTES Petition for the denial of Mr. Burkart's request for the rezoning of 9 acres of land located at the intersection of Jupiter Road and Park Place Dr.. It is our belief that the zoning change of said land from multi -family one dwellings to multi -family two dwellings is not in the best interest of the Hillside community or Allen. / OF # OF NAMES ADDRESSES TELEPHONE CHILDREN CARS U .. U %V17m, yNMI NOW MIME . �_ AM U PAGE 2 OF ATTACHMENT 3 OF APRIL 8, 1982 MINUTES Petition for the denial of Mr. Burkart's request for the rezoning of 9 acres of land located at the intersection of Jupiter Road and Park Place Dr.. It is our belief that the zoning change of said land from multi -family one dwellings to multi -family two dwellings is not in the best interest of the Hillside community or Allen. # OF $ OF NAMES ADDRESSES TELEPHONE CHILDREN CARS -71- WUAM lA � Ag ,IW i ce© 1, FAWAVViftAft WMAWO -71- PAGE 3 OF ATTACHMENT 3 OF APRIL 8, 1982 MINUTES Petition for the denial of Mr. Burkart's request for the rezoning of 9 acres of land located at the intersection of Jupiter Road and Park Place Dr.. It is our belief that the zoning change of said land from multi -family one dwellings to multi -family two dwellings is not in the best interest of the Hillside community or Allen. M OF p OF NAMES ADDRESSES TELEPHONE CHILDREN CARS -72- AFFIDAVIT AND PROOF OF PUBLICATION JJ THE STATE OF TEXAS V UNTY OF COLLINEFORE ME, the undersigned authority, on this day personally appeared , who having been me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Taxes, not lase fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve montha prior to publishing n of whichtheattached is a true and written copy, and which was published in THE ALLEN AMERICAN on C,Rom/ ti ,A T `W 1 IF 1, / � / and which was issued on 'by of Collin County, Texas. A printed copy of said publication is at had SUBSCRIBED AND SWORN to before me this y of —7 , A.D. 1IP-- O j Notary Public in and for Collin County, Texas Publisher's Fee $ �— A /S/ wl e • o t _73_ ki