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Min - Planning and Zoning Commission - 1983 - 05/26 - RegularC ALLEN PLANNING & ZONING COMMISSION REGULAR MEETING MAY 26, 1983 Present: Commissioners: Jim Pendleton, Chairman Jim Wolfe, Vice Chairman Gary Koch, Secretary Bobby Glass Glenn Andrew Larry Larsen Mike Hill City Staff: Bill Petty, Director of Community Development Sherry Massett, Secretary Jon McCarty, City Manager The regular meeting of the Allen Planning & Zoning Commission was called to order by Chairman Pendleton at 7:32 p.m. on Thursday, May 26, 1983, at the Allen Municipal Annex City Council Chambers, #1 Butler Circle, Allen, Texas. Approval of Minutes: May 12, 1983 (Agenda Item IT) Chairman Pendleton read the agenda item into the record as follows: "Approve minutes of May 12, 1983, Regular Meeting." MOTION: Upon a motion by Commissioner Andrew and second by Commis- sioner Wolfe, the Commission voted seven (7) for and none (0) opposed to approve the minutes as submitted. The motion carried. Tabled Item - Request for Zoning Change on 5.328 Acres by Clark & Iva Fishel (Agenda Item III) Chairman Pendleton read the request into the record as follows: "Tabled Item - Request for zoning change on 5.328 acres of land as requested by Clark and Iva Fishel. The proposed zoning change is from R-3 (Residential) to TH (Townhouse). ALLEN PLANNING & ZONING COMMISSION MAY 26, 1983 PAGE 2 Tabled Item - Request for Zoning Change on 5.328 Acres by Clark and Iva Fishel (Cont.) Said 5.328 acres being located in the David Wetsel Survey, Abstract No. 977, Collin County, Texas. Further described as being on the west side of Jupiter Road, approximately y mile south of F.M. 2170. Zoning Case No. Z4-15-83-14" MOTION: Upon a motion by Commissioner Wolfe and second by Commis- sioner Koch, the Commission voted seven (7) for and none (0) opposed to remove this item from the table. The motion carried. The Commission discussed this item and concerns expressed at the previous meeting related to this request. Jon McCarty, City Manager, explained to the Commission that when the city obtained right-of-way for the Jupiter Road bridge utilities the frontage of this piece of property on Jupiter Road was possibly slightly reduced. There was some discussion as to how much of this property is buildable area, in that there is some floodplain on the property and the ingress -egress problem of the tract. MOTION: Upon a motion by Commissioner Koch and second by Commissioner Glass, the Commission voted five (5) for and two (2) opposed, with Commissioners Andrew and Hill casting the opposing votes, to recommend approval of this zoning change request. The motion carried. Public Hearing - On a Request from Chuck Forbes to amend Section 4C of PD #3 Ordinance (Agenda Item IV) Chairman Pendleton read the request into the record as follows: "Public Hearing - On a request from Stan Itzkowitz, agent for Chuck Forbes, to amend Section 4C of Planned Development Ordinance No. 368-10-81, delineated on the Official Zoning Map as PD 113. Further described as being the LI (Light Industrial) zoning district north of Bethany Road, west of Highway 5, east of the Southern Pacific Railroad, and bounded on the north by a 35 acre R-3 (Residential) zoning district. Zoning Case No. Z4-9-83-21" Stan Itzkowitz, agent for Chuck Forbes, explained to the Commis- sion what change Mr. Forbes is asking for. He explained that the request is for a modification from having 117 Certificates of Occup- ancy issued on the R-3 district to the north of the Light Industrial area before a building permit could be issued that said permit could be issued in the LI area when contracts have been let for the streets, water, and sewer. He further explained that the Ordinance reads as it does to assure the homeowners living north of the R-3 zoning district that the residential district would develop as single family dwellings. r ALLEN PLANNING & ZONING COMMISSION MAY 26, 1983 PAGE 3 Public Hearing - On a Request from Chuck Forbes to Amend Section 4C of PD U3 Ordinance (Cont.) The Commission discussed the proposed modification at some length. Chairman Pendleton opened the public hearing. Steve Goodman, custom home builder in Allen spoke for the request. Chuck Forbes, owner of the property, explained the background as to why the clause was written into the Ordinance and why he has asked for this modification. There was extensive discussion on this subject. Chairman Pendleton closed the public hearing. MOTION: Upon a motion by Commissioner Wolfe and second by Commissioner Koch, no vote was cast on the motion to recommend the City Council amend PD Ordinance No. 368-10-81 to include a provision that should the 35 acre R-3 tract develop into a large lot subdivision totally platted into approximately 30 1 acre lots, the requirement for 757 Certificates of Occupancy be change to read 1007 of all streets and utilities be accepted by the city prior to issuance of any building permits in the LI area. This motion was withdrawn. There was further discussion on this agenda item. Chairman Pendleton recessed the meeting at 8:40 p.m. The meeting reconvened at 8:55 p.m. MOTION: Upon a motion by Commissioner Andrew and second by Commissioner Glass, the Commission voted seven (7) for and none (0) opposed to table this agenda item until after the Commission has considered the emergency agenda item. The motion carried. Consider Final Plat on a 8.096 Acre Tract by Vernon Day (Emergency Agenda Item) Chairman Pendleton read the agenda item into the record as follows: "Consider final plat on a 8.096 acre tract submitted by Vernon Day. Said 8.096 acre tract being situated in Collin County, Texas, in the W. Fisher Survey, Abstract No. 323, and being a resurvey of an 8 acre tract described in a deed from Gene McCutchin to Vernon E. Day, dated May 5, 1980, and recorded in Volume 1260, page 534, of the Collin County Deed Records. Zoning Case No. Z5- 24-83-24" Bill Petty, Director of Community Development, presented the final plat to the Commission. He explained that it is in Allen's ETJ and is a duplicate of the preliminary plat approved by them at their previous meeting except they have submitted the engineering on the plat. He also told the Commission that the final plat meets all of Allen's Subdivision requirements. r 0 ILx ALLEN PLANNING 6 ZONING COMMISSION MAY 26, 1983 PAGE 4 Consider Final Plat on a 8.096 Acre Tract by Vernon Day (Cont.) MOTION: Upon a motion by Commissioner Andrew and second by Commis- sioner Glass, the Commission voted seven (7) for and none (0) opposed to approve this final plat as submitted. The motion carried. Chairman Pendleton recessed the meeting at 9:12 p.m. The meeting reconvened at 9:17 p.m. Public Hearing - On a Request from Chuck Forbes to Amend Section 4C of PD #3 Ordinance (Cont.) MOTION: Upon a motion by Commissioner Glass and second by Commissioner Wolfe, the Commission voted seven (7) for and none (0) opposed to remove this agenda item from the table. The motion carried. MOTION: Upon a motion by Commissioner Wolfe and second by Commissioner Larsen, the Commission voted six (6) for and one (1) opposed, with Commissioner Koch casting the opposing vote, to recommend the City Council amend Planned Development Ordinance No. 368- 10-81 to include a provision that should the 35 acre R-3 tract develop into a large lot subdivision totally platted into approximately 30 1 acre lots, the requirement for 75% Certificates of Occupancy be changed to read 100% of all streets and utilities be accepted by the city prior to the issuance of any building permits in the Light Industrial area. The motion carried. Consider Preliminary Plat of Willowcreek Estates by Good- man Homes (Agenda Item V) Chairman Pendleton read the request into the record as follows: "Consider preliminary plat of Willow Creek Estates submitted by Worrell 6 Associates, Inc., for Goodman Homes, Inc. Said plat being 35.3 acres out of the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas. Further described as fronting State Highway 5 and being south of the Allenwood Addition - First Installment, north of PD No. 3, and extending west to the Southern Pacific Railroad right-of-way. Zoning Case No. Z5-20-83-22" Steve Goodman, president of Goodman Homes, Inc., presented the preliminary plat to the Commission. He discussed screening of the proposed subdivision and explained that he planned to keep it an open estate -type development with $150,000 homes and up. Tim Lackey, of Wo-rell and Associates, explained that they are asking for a variance to the Subdivision Ordinance in that they are asking for no sidewalks, no alleys, no curbs, and open ditch drainage to maintain an estate -type atmosphere. There were some questions about the open ditch drainage and their maintenance; how the natural drainage of the property runs; ALLEN PLANNING S ZONING COMMISSION MAY 26, 1983 PAGE 5 Consider Preliminary Plat of Willow Creek Estates by Good- man Homes (Cont.) whether the utilities would be underground and the screening and land- scaping of the development. Bill Petty, Director of Community Development, explained that Goodman Homes will be asking for 4 variances to the Subdivision Ordin- ance, those being no alleys, no sidewalks, no curbs, and open ditch drainage and that these will be address in the engineering at the time of final platting, but they need to know if the Commission would allow this in said final plat. MOTION: Upon a motion by Commissioner Koch and second by Commissioner Larsen, the Commission voted seven (7) for and none (0) opposed to recommend approval of this agenda item and that in final plat there would be no sidewalks, no alleys, no curbs, and open ditch drainage. The motion carried. Set a Date for Public Hearing to Consider Rezoning on 400± Acres by Bass Development Co. (Agenda Item VI) Chairman Pendleton read the request into the record as follows: "Set a date for public hearing to consider rezoning on 4003 acre tract by Bass Development Company. Said 400± acers being situated in the R. C. Ingraham Survey, Abstract No. 462; R. C. Whisenant Survey, Abstract No. 1012; Wm. Perrin Survey, Abstract No. 708; McBain Jamison Survey, Abstract No. 491; and the G. W. Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas. Further described as being north of Chapparal Road, east of Jupiter Road, and west of Cottonwood Creek. Zoning Case No. Z5-23-83-23" MOTION: Upon a motion by Commissioner Andrew and second by Commissioner Koch, the Commission voted seven (7) for and none (0) opposed to set the date for public hearing on this agenda item for June 23, 1983. The motion carried. Request to Appear by Robert Harper to Request a Workshop Session on 700± Acres for a Proposed Golf Course/Country Club (Agenda Item VII) Chairman Pendleton read the request into the record as follows: "Request to appear by Robert Harper, of Willard R. Baker Develop- ment Company, to request a workshop session to discuss the progress on the proposed Golf Course/Country Club development on approximately 700 acres of land fronting the north side of F.M. 2170, beginning at a point approximately 2 miles west of F.M. 2170 and U. S. Highway 75." Bob Harper, of Willard R. Baker Development Company, told the Commission that they are proceeding with the proposed development. He told them that they are going to apply for annexation to the ALLEN PLANNING & ZONING COMMISSION MAY 26, 1983 PAGE 6 Request to Appear by Robert Harper to Request a Workshop Session on j 700± Acres for a Proposed Golf Course/Country Club (Cont.) city as soon as they are the owners of the property. He asked for a workshop session to get their input as to development of the property. MOTION: Upon a motion by Commissioner Glass and second by Commissioner Larsen, the Commission voted seven (7) for and none (0) opposed to set the date for workshop session on this agenda item for Wednesday, June 8, 1983, 7:30 p.m., at the Allen Municipal Annex. The motion carried. Workshop Session on a 183 Acre Proposed Development at Exchange Parkway and Malone Road (Agenda Item VIII) Chairman Pendleton read the request into the record as follows: "Workshop session on a 183 acre proposed development located at the southwest corner of Exchange Parkway and Malone Road." Mr. Gregory Boyd, of Jones & Boyd, representing Mr. Claycomb, presented the proposed development to the Commission. He stated that the tract of land is not presently annexed into the city and it is in the Allen Independent School District. Mr. Boyd gave the Commission a breakdown of how the proposed the property to develop: 70.6 acres of 1200 square foot homes 37.5 acres of 1400 square foot homes 34.5 acres of 1600 square foot homes 7.1 acre park site 14.2 acres of townhouse 11.9 acres of multi -family (18 units per acre) 7.2 acres of shopping center Mr. Boyd stated that they are trying to keep the smaller homes next to the Timberbend Addition due to the zoning of this subdivision. He also told the Commission that they are asking for a PD on the residential and the multi -family, but are asking for straight townhouse and shopping center zoning on those tracts. There was some discussion as to if the whole 183 acres should be submitted as a PD and the open space as it is related to a PD; percentage of house sizes and lot sizes of the total proposed develop- ment, the Commission was concerned that there was too high a percentage of smaller homes; whether there should be a street backing up to an alley; having an off-street on Exchange Parkway and possibly Malone Road; having some of the open space located in the high density areas; possibly having some more curvilinear streets and cul-de-sacs. The Commission gave Mr. Boyd the percentages in which they would like to see the land develop. ALLEN PLANNING & ZONING COMMISSION MAY 26, 1983 PAGE 7 Workshop Session on a 183 Acre Proposed Development at Exchange Parkway and Malone Road (Cont.) There was no action taken on this item. CBD Base Committee Status Report by Commissioners Koch and Hill (Agenda Item IX) Chairman Pendleton read the agenda item into the record as follows: "CBD Base Committee status report by Commissioners Koch and Hill." Commissioner Koch informed the Commission that the Committee is still working on the proposed uses of the CBD, but nothing firm has been settled yet. This is an informational item only. No action was taken on this item. Adjournment: MOTION: Upon a motion by Commissioner Andrew and second by Commissioner Hill, the Commission voted seven (7) for and none (0) opposed to adjourn the regular meeting of the Allen Planning & Zoning Commission at 11:05 p.m. The motion carried. These minutes approved on the 9th day of June 1983. Jig Pendleton, CHAIRMAN ary Koci, SECRET