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Min - Planning and Zoning Commission - 1984 - 09/27 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 27, 1984 Present: Commissioners: Jim Pendleton, Chairman Bobby Glass, Vice Chairman Jerry Wilson John Garcia Jack Pennington Scott Hoover Absent: Wayne Armand, Secretary Staff: E Bill Petty, Director of Community Development Tom Keener, Development Coordinator Kellie Fishell, Secretary Approve Minutes September 13, 1984 Regular Meeting (Agenda Item II) Chairman Pendleton read the agenda item into the minutes as follows: "Approve minutes of September 13, 1984, Regular Meeting." MOTION: Upon a motion made by Commissioner Glass and seconded by Commissioner Garcia, the Commission voted 7-0 to approve the minutes. The motion carried. Public Hearing Allen Business Centre (Agenda Item III) Chairman Pendleton read the agenda item into the minutes as follows: "Public Hearing - Consider a site plan for an industrial development on approximately 3.6235 acres located in "PD" Planned Development No. 3, situated in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas. Further described as being located north of Bethany Drive and west of Highway 5. This property is currently zoned Planned Development "PD" No. 3 - Light Industrial. Zoning Case No. Z9-10-84-1 (Allen Business Centre). Public Hearing Allen Business Centre (Cont.) Kip Daniel, of Urban Architecture, came forward to present the site plan to the Commission for Paragon Group, Inc. The site plan is for Tract C which is 3.6234 acres. The front of the property facing the road will be developed into office finish -out, and the back part will be more distribution offices. They are providing for heavy parking - they are providing more parking spaces than is required by zoning. They are allowing for a nicer finish in the front, realizing the back will be more a storage -type distribution (not warehousing). They are going with 100% torick fronts on all the buildings at the front. All other exterior walls will be masonry type contruction. The lighting will be a 5 ft. pole with a "shoe box: architectural fixture. Mr. Bill Petty, spoke before the Commission. Bill wanted to make sure Mr. Daniel was aware that all exterior walls would be a masonary product. Chairman Pendleton asked Mr. Daniel how he anticipated watering the plants at the front of the development. Mr. Daniel stated that they have an irrigation system. Chairman Pendleton opened the public hearing. With no one wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Bill stated to the Commission that the site plan meets staff requirements. MOTION: Upon a motion made by Commissioner Pennington and seconded by Commissioner Wilson, the Commission voted 6-0 to approve an amendment to "PD" No. 3 with final approval for site plan for proposed Tract C. The motion carried. Public Hearing North Texas Land Co. (Agenda Item IV) Chairman Pendleton read the agenda item into the minutes as follows: "Public Hearing - Consider a zoning request on a 4 acre tract and final site plan approval on three of the 4 acres located In a tract at the northwest corner of the intersection of Highway 5 and Texet Drive. The zoning request is for a change in zoning from LI (Light Industrial) to SC (Shopping Center), and was submitted by North Texas Land Co. on Lot 1, Block A, Taxer Addition to the City of Allen, Collin County, Texas. Zoning Case No. Z9-12-84-1." ALLEN PLANNING & ZONING COMMISSION PAGE 2 SEPTEMBER 27, 1984 Public Hearing Allen Business Centre (Cont.) Kip Daniel, of Urban Architecture, came forward to present the site plan to the Commission for Paragon Group, Inc. The site plan is for Tract C which is 3.6234 acres. The front of the property facing the road will be developed into office finish -out, and the back part will be more distribution offices. They are providing for heavy parking - they are providing more parking spaces than is required by zoning. They are allowing for a nicer finish in the front, realizing the back will be more a storage -type distribution (not warehousing). They are going with 100% torick fronts on all the buildings at the front. All other exterior walls will be masonry type contruction. The lighting will be a 5 ft. pole with a "shoe box: architectural fixture. Mr. Bill Petty, spoke before the Commission. Bill wanted to make sure Mr. Daniel was aware that all exterior walls would be a masonary product. Chairman Pendleton asked Mr. Daniel how he anticipated watering the plants at the front of the development. Mr. Daniel stated that they have an irrigation system. Chairman Pendleton opened the public hearing. With no one wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Bill stated to the Commission that the site plan meets staff requirements. MOTION: Upon a motion made by Commissioner Pennington and seconded by Commissioner Wilson, the Commission voted 6-0 to approve an amendment to "PD" No. 3 with final approval for site plan for proposed Tract C. The motion carried. Public Hearing North Texas Land Co. (Agenda Item IV) Chairman Pendleton read the agenda item into the minutes as follows: "Public Hearing - Consider a zoning request on a 4 acre tract and final site plan approval on three of the 4 acres located In a tract at the northwest corner of the intersection of Highway 5 and Texet Drive. The zoning request is for a change in zoning from LI (Light Industrial) to SC (Shopping Center), and was submitted by North Texas Land Co. on Lot 1, Block A, Taxer Addition to the City of Allen, Collin County, Texas. Zoning Case No. Z9-12-84-1." ALLEN PLANNING & ZONING COMMISSION PAGE 3 SEPTEMBER 27, 1984 Public Hearing North Texas Land Co. Cont. Craig Glendenning, managing partner for North Texas Land Co., presented the zoning request to the Commission. He stated that one of the buildings planned would be a restaurant with 7,500 sq. ft. The development would be fully irrigated. The parking is based on 1 per 200. Bill Petty spoke to the Commission to remind them that the request is for a zoning change. If the zoning was approved, then they would consider the site plan. Chairman Pendleton opened the public hearing Vern Lahart, of DLM, came before the Commission to speak against the zoning request. He stated that DLM would object to this land being zoned shopping center. When the property was sold, deed restrictions were recorded restricting the uses in a shopping center district. Mr. Lahart stated that the deed restrictions were recorded to keep the "campus like" environment, and to keep the green space. Michael Sileo, Jr., Executive Vice President for Texet, also spoke before the Commission at the public hearing. He stated that the developer doesn't intend to put in the kind of businesses that are allowed in the shopping center district, i.e. convenient store. He feels that a restaurant is very important to Texet on this property. A restaurant would keep Texet from taking their money to Plano. Mr. Vern Lahart stated that the deed restrictions dealt mostly with the aesthetic development of the property. Mr. Glendenning ask the Commission about the possibility of granting a variance instead of changing the zoning of the property. Bill spoke again to the Commission. The issue at hand is specifically to change the zoning from Light Industrial to Shopping Center. In the request that was made to accomodate the retail uses and the restaurant use, it would be a necessary change to change zoning to shopping center. An office building is an allowable use in a Light Industrial district. A variance cannot be granted for use, it can only be granted for height area or bulk of the land, set backs, height regulations, things of that nature. ■ Commissioner Wilson stated that we had no control over the ■irk property if it changes hands regarding how the deed restrictions are going to be enforced, unless it is incorporated as a part of the zoning through voluntary deed restrictions. ALLEN PLANNING & ZONING COMMISSION PAGE 4 SEPTEMBER 27, 1984 Public Hearing North Texas Land Co. Cont. With no else wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Commissioner Glass stated that he didn't want to change any of the Light Industrial district to Shopping Center, and that he thought the City had enough Shopping Center area at the present time in the immediate area, and didn't want to take any land away from the Light Industrial district. Chairman Pendleton stated he would need to see a traffic analysis before considering request. MOTION: Upon a motion made by Commissioner Pennington and seconded by Commissioner Garcia, the Commission voted 6-0 to deny the request for Agenda Item IV. The motion carried. Commission adjourned for a break at 8:30 p.m. Commission reconvened at 8:50 p.m. Public Hearing Nelson Engineering (Agenda Item V) Chairman Pendleton read the agenda item into the minutes as follows: "Public Hearing - Consider a zoning request by Nelson Engineering on 5.4675 acres of land in the William Perrin Survey, Abstract No. 708, Allen, Collin County, Texas, and delineated on the official zoning map as a portion of "PD" Planned Development No. 3. The request is to change zoning uses on approximately 5 acres from LI "Light Industrial" to SC "Shopping Center". This property is further described as being approximately a 250 foot width of land located on the north side of Bethany Drive and extending approximately 850 feet to the north adjacent to the western boundary of the Shopping Center District of "PD" No. 3. Zoning Case No. Z9-10-84-3." r Craig Curry, with Nelson Engineering, presented the request for {L rezoning to the Commission. Craig stated that they were requesting an amendment to the PD. The reason that they are requesting the change in land use on the 5 acres is to accomodate the shopping center facility that will actually serve as a shopping center that ALLEN PLANNING & ZONING COMMISSION PAGE 5 SEPTEMBER 27, 1984 I Public Hearing Nelson Engineering Cont. will work. With the land uses as they exist under the PD they do not have enough room to develop this shopping center. He had a site plan to show the Commission showing that they would need that additional 5 acres to serve this small shopping center. Chairman Pendleton opened the public hearing. Mr. Vern Lahart, of DLM, spoke before the Commission. He questioned the wide uses under Shopping Center zoning. With no one else wishing to speak before the Commission on this request, Chairman Pendleton closed the public hearing. Commission Glass stated that he hated to see us pull land out of the Light Industrial area. Bill Petty stated that other development could work on this land, putting a division drive between the two zoning districts. MOTION: Upon a motion made by Commissioner Pennington and seconded by Commissioner Hoover, the Commission voted 2-3, with opposing votes being Chairman Pendleton, Commissioner Garcia, and Commissioner Glass, and one abstaining vote being Commissioner Wilson, to approve Agenda Item No. V. The motion failed. MOTION: Upon a motion made by Commissioner Glass and seconded by Commissioner Garcia, the Commission voted 3-2, with opposing votes being Commissioner Hoover and Commissioner Pennington, and one abstaining vote being Commissioner Wilson, to deny the request for Agenda Item No. V. The motion carried. FINDINGS FOR DENYING THE REQUEST: The existing zoning that is in the Planned Development is for 10 acres as Shopping Center, not 15. A Shopping Center of some nature can be accomodated on 10 acres. And within that assigned area, we already have across Highway 5, shopping center zoning. Also there is zoning for shopping center south of Bethany on the other side of F.M. 2170 all the way down. Commissioner Glass stated these findings and stated that he didn't feel there was a need for this size of a shopping center in this area. Commissioner Wilson stated that the reason for his abstaining from voting was he was absent from part of the presentation. ALLEN PLANNING & ZONING COMMISSION PAGE 6 SEPTEMBER 27, 1984 Preliminary Plat Bray Central (Agenda Item VI) Chairman Pendleton read the agenda item into the minutes as follows: "Consider a request for preliminary plat approval as requested by Nelson Engineering for Bray Central. These tracts situated in the City of Allen, Collin County, Texas, and lying in the John Fyke Survey, Abstract No. 325, W.J. Jackson Survey, Abstract No. 484, A.B. Perrin Survey, Abstract No. 713, William Perrin Survey, Abstract No. 708, and the Catherine Parsons Survey, Abstract No. 711 as recorded in Volume 895, Page 452 of the Deed Records of Collin County, Volume 895, Page 448, and a tract of land conveyed to E. Molsen by deed as recorded in Volume 580, Page 123 of the Deed Records of Collin County. Further known as west of U.S. 75 and bordered by Watters Road on the west and McDermott Drive (F.M. 2170) on the south. Zoning Case No, Z9-18-84-1." Craig Curry, representative of Nelson Engineering, presented the Preliminary Plat to the Commission. The plat shows an 80 foot right-of-way coming off of Bray Central Drive, which loops through the project. Watters Road is proposed to have a 110 foot of right-of-way with 6 lane divided road way, and McDermott Drive is proposed to have a 120 foot total right-of-way to accomodate the future 8 lane road. Bill Petty mentioned to Mr. Curry that a detailed Flood Plain Study was required by ordinance on this piece of property. Bill also stated to Mr. Curry that staff would like to see a greater variation in street names for emergency purposes. Bill stated that Nelson Engineering nor himself has had the opportunity to review the engineering requirements, and that any action on this plat should be contingent upon review and compliance with the engineer's recommendations. (1) Have you determined that the existing right-of-way for McDermott is 100 feet at this time? (2) In the approval of the PD zoning on this tract of land, it was stipulated by the Council that the right-of-way from Watters Road east to U.S. 75 should be determined between 120 and 140 feet, whatever is determined to fulfill the needs for an 8 lane divided road way. Engineer has recommended 135 feet, ALLEN PLANNING & ZONING COMMISSION PAGE 7 SEPTEMBER 27, 1984 Preliminary Plat Bray Central Cont. which would be an additional 17 1/2 feet off the north side of this property in dedication of right-of-way, from Watters Road to the east. Bill told the Commission that Nelson Engineering and DeShazo is in the process of preparing some design standards, which would be less than our present design standards, in an attempt to show us how an 8 laned divided thoroughfare could fit into 110 feet. He stated that he didn't recommend that they approve the 120 feet until we were satisfied - subject to our design standards and to any information or plan that they might submit to us. He recommended that they should approve the preliminary plat, that a contingency to all these areas that a final determination based upon the studies of the plans that they will submit be determined by the Commission prior to a final plat being submitted. Staff will have a recommendation at that time. Another recommendation, from Michael Morris, at North Texas Central Texas Council of Governments in his review to the City of Allen, was that Loop Curtis should be a 120 foot right-of-way, and 6 lane divided, with 3 segments being 4 lane divided with forced right turns. Bill is recommending that if Commission approves the plat that it currently exists as part of the thoroughfare plan, staff would like to send DeShazo's new study (showing that it only needs to be 4 laned) back to North Central Texas Council of Governments, and have them review that and see if there is still cause for them to feel that it needs to be 6 laned. The information would be brought back to the Commission for final determination. Determination would be brought back to Commission as a separate item for determination before final platting. A third area of concern is Rowlett Road. The location and installation must be determined at the time of final platting. MOTION: Upon a motion made by Commissioner Glass and seconded by Commissioner Garcia, the Commission voted 6-0 to approve Agenda Item No. VI with contingencies. The motion carried. ALLEN PLANNING & ZONING COMMISSION PAGE 8 SEPTEMBER 27, 1984 MOTION: Upon a motion made by Commissioner Wilson and seconded by Commissioner Glass, the Commission voted 6-0 to adjourn the meeting at 10:38 p.m. The motion carried. Jiny//Pendleton, CHAIRMAN Wayne kanp SECRETARY