Min - Planning and Zoning Commission - 1984 - 10/25 - RegularALLEN PLANNING & ZONING COMMISSION
REGULAR MEETING
OCTOBER 25, 1984
Present:
Commissioners
Sim Pendleton, Chairman
Wayne Armand, Secretary
Jerry Wilson
John Garcia
Scott Hoover
Absent:
Bobby Glass, Vice Chairman
Sack Pennington
Staff:
Bill Petty, Director of Community Development
Tom Keener, Development Coordinator
Kellie Fishell, Secretary
The Regular Meeting of the Allen Planning & Zoning Commission
was called to order by Chairman Pendleton at 7:30 p.m. in the Council
Chambers of the Allen Municipal Annex, #1 Butler Circle, Allen, Texas.
Approve Minutes
October 11, 1984
Regular Meeting (Agenda Item No. II)
Chairman Pendleton read the agenda item into the record as
follows:
"Approve minutes of October 11, 1984, Regular Meeting."
MOTION: Upon a motion made by Commissioner Wilson and seconded by
Commissioner Garcia, the Commission voted 5-0 to approve
the minutes of October 11, 1984, Regular Meeting. The
motion carried.
Public Hearing
Shelley Realtors (Agenda Item No. III)
Chairman Pendleton read the agenda item into the record as
follows:
"Public Hearing - Consider a zoning request on a 56.8 acre tract
as requested by Shelley Realtors. This zoning request is on a
ALLEN PLANNING & ZONING COMMISSION PAGE 2
OCTOBER 25, 1984
Public Hearing
Shelley Realtors
(Cont.)
tract of land situated in Collin County, Texas, in the
William Snider Survey, Abstract No. 821, and being a part
of a 43.17 acre tract of land described in a deed from
Gladys Deal and husband, Virgil Deal to Betty Leigh Deal,
dated February 13, 1965, recorded in Volume 658, Page 238
of the Collin County Deed Records and also being part of a
45.36 acre tract of land conveyed to Alyne Pennington by
J.W. McKinney in Deed recorded in Volume 328, Page 97 of
the Deed Records of Collin County. Request is to change
zoning from Agriculture to "R-5" Single Family Residential.
Property is further known as being located west of F.M. 2551,
east of Malone Road, and approximately 1/4 mile south of
F.M. 2170."
Craig Curry, of Nelson Engineering, presented the request
to the Commission.
Chairman Pendleton opened the public hearing.
Mr. Bill Beaty, of High Point Estates, came before the
Commission to speak against the request. Mr. Beaty feels that the
zoning request is inconsistent, in regards to having five (5)
houses to the acre next to a deed restricted area that has one (1)
house to every two acres.
Mr. Bob Farenthold, also from High Point Estates, came to
speak against the request.
With no one else wishing to speak for or against this request,
Chairman Pendleton closed the public hearing.
Craig Curry stated they would consider deed restricting the
area adjacent to the High Point Estates as a possibility of
buffering the density, but he was against the possibility of
strip zoning.
Consensus of the Commission is to have more work done on the
request. They want to have something in writing to protect the
residential development.
MOTION: Upon a motion made by Commissioner Garcia and seconded
by Commissioner Armand, the Commission voted 5-0 to
table action on Agenda Item No. III. The motion carried.
ALLEN PLANNING & ZONING COMMISSION PAGE 3
OCTOBER 25, 1984
Public Hearing
Allen Bowl (Agenda Item No. IV)
Chairman Pendleton read the agenda item into the record as
follows:
"Public Hearing - Consider a request for a specific use
permit to operate a private club by Allen Bowl, Inc. This
property is contained within a tract of land being 4 acres
in the Rufus Sewell Survey, Abstract No. 875, and also
described as being a resurvey of the 4 acres of land
described in a deed from H.D. Walthall, et al to Mr. Quick
of Texas, Inc., dated August 28, 1981, recorded in Volume
1429, Page 415, of the Collin County Deed Records. Further
described as fronting State Highway 5 west of Windridge
Addition."
Melvin Solotrovsky presented the request to the Commission.
He stated that they needed the permit to keep the restaurant
operating. He also stated that another bowling alley is being
built in Plano on Highway 5 making it difficult for the bowling
alley to compete without selling alcholic beverages. Mr. Solotrovsky
stated that they would cancel the Arcade Permit, feeling it isn't
consistent with a private club.
Chairman Pendleon opened the public hearing.
There were numerous people present to speak for and against
the request. Each stated his or her's reason for not wanting
the permit issued. One resident went to some of the houses asking
the question "Are you in favor of, or opposed to a private club
to be operated in the Allen Bowl, Inc.?" The list was given to
the Commission for the record.
The following individuals are the ones who were present at the
public hearing and spoke before the Commission:
(1)
Andy Barnes - 813 Roaming Road
[for]
(2)
Robert Butcher
- [for]
- 1012 Hawthorne [for]
(3)
Elton Robertson
- [against]
[against]
(4)
Randall Moody -
905 Autumn Lake
[against]
(5)
Mike Boss - 706
Lake Highlands
[against]
(6)
Resident - 527
Hawthorne [against]
(7)
Frank Enloe
- 314 N. Ash
[against]
(8)
Debra Hall
- 1012 Hawthorne [for]
(9)
Resident -
554 Oldbridge
[against]
ALLEN PLANNING & ZONING COMMISSION PAGE 4
OCTOBER 25. 1984
Public Hearing
Allen Bowl (Cont
(10) Tracey Martin [against]
(11) Shirely Womack - 916 Autumn Lake [against]
(12) Ray Smith - 908 Pebblebrook [against]
(13) Joe Gibson [for]
(14) Brother Dick Senter - 203 Whisenant [against]
(15) Chris Parks [against]
(16) Lloyd Catless - 708 Green Brook [against]
(17) 1frummond Davis - 1001 Roaring Springs [against]
(18) Terran Ardoin - 1318 Spring View [against]
(19) George Kersting - 735 Leading Lane [for]
(20) Robert Goline - 545 Oldbridge [against]
With no one else wishing to speak for or against this request,
Chairman Pendleton closed the public hearing.
The Commission pointed out to residents thay they were not
there to make a judgement on drinking - that this was a request
for a specific use permit. They are looking at the land use, and
how this request is compatible with the land uses around it.
MOTION: Upon a motion made by Commissioner Wilson and seconded by
Commissioner Garcia, the Commission voted 3-2, with opposing
votes being Commissioners Hoover and Armand, to table action
concerning the request on Agenda Item No. IV. The motion
carried.
Chairman Pendleton recessed the meeting at 9:15 p.m. The
meeting reconvened at 9:30 p.m.
Public Hearing
Freedom Financial (Agenda Item No. V)
Chairman Pendleton read the agenda item into the record as
follows:
"Public Hearing - Consider a zoning request by Freedom
Financial Corporation on 97.72 acres of land in the
Witsaul Fisher Survey, Abstract No. 323, Collin County, Texas
further described as being located at the northeast corner
oI the intersection of F.M. 2170 and Malone Road. The
request is to establish permanent "PD" Planned Development
zoning.
ALLEN PLANNING & ZONING COMMISSION PAGE 5
OCTOBER 25, 1984
Public Hearing
Freedom Financial
(Cont.)
Mike Wallace presented the request to the Commission.
Bill Petty, Director of Community Development, painted out
that this request is identical to the one that was approved by the
City Council in 1983.
Jon McCarty, City Manager, came before the Commission to
explain why this request was coming back for approval by the Planning
and Zoning Commission. He went into detail the confusion the City
had on the change in the public hearing requirements. The law had
changed the requirement for the on-site public hearing. Due to this
change the City had thought the second public hearing requirement
was no longer necessary. Because of this confusion, the annexation
did not go through.
Chairman Pendleton opened the public hearing. With no one
wishing to speak before the Commission on this request, Chairman
Pendleton closed the public hearing.
MOTION: Upon a motion made by Commissioner Armand and seconded by
Commissioner Wilson, the Commission voted 5-0 to approve
Agenda Item No. V. The motion carried.
Public Hearing
Clyde D. Richards
(Agenda Item No. VI)
Chairman Pendleton read the agenda item into the record as
follows:
"Public Hearing - Consider a site plan for a day care center
in a local retail section of "PD" Planned Development No. 1.
This request is by Clvde D. Richards on a 1/2 acre tract of
land being a part of a 5.114 acre tract of land in the Peter
Fisher Survey, Abstract No. 324 as recorded in Volume 1814,
Page 402 of the Collin County Deed Records. Further described
as fronting the east side of Allen Heights Drive, adjacent
on the north to single family homes in the Timberbend I Addition,
and on the east boundary by a property in the ownership of
the Allen Heights Baptist Church."
Clyde D. Richards presented the site plan to the Commission.
PLANNING & ZONING COMMISSION PAGE 6
OCTOBER 25. 1984
Public Hearing
Clyde D. Richards (Cont.)
Commission was concerned about there not being no way to
get around to the back of the building on the east side for
fire protection reason. Bill Petty pointed out to the Commission
that all points of the building must be within 150 feet of a
dedicated street or a dedicated fire land, and all portions of
the building have to be within 300 foot reach of the lay of the
hose from the nearest fire hydrant.
Chairman Pendleton opened the public hearing. With no one
wishing to speak before the Commission on this request, Chairman
Pendleton closed the public hearing.
Commission was also concerned with the upkeep of the wooden
fence around the day care center.
[[[ MOTION: Upon a motion made by Commissioner Garcia and seconded
by Commissioner Wilson, the Commission voted 5-0 to
approve Agenda Item No. VI with the stipulations that
the natural screen on the north side of the building
be set back 20 feet from the paving, and that the 6 ft.
wooden fence will be 8 ft. The motion carried.
Final Plat
Cottonwood Bend No. 3 (Agenda Item No. VII)
Chairman Pendleton read the agenda item into the record as
follows:
"Consider a request for final plat approval as requested by
Don A. Tipton, Inc. for Cottonwood Bend No. 3. Said tract
of land is situated in the McBain Jamison Survey, Abstract
No. 491, and the R.L. Ingraham Survey, Abstract No. 462,
City of Allen, Collin County, Texas, and further being a part
of two tracts of land as conveyed to Landtex Development,
a Texas Joint Venture as recorded in Volume 1176, Page 522,
and Volume 414, Page 453, respectively in the Deed Records
of Collin County, Texas. Further described as being north of
Chapparal Road."
Pat Atkins, with Don A. Tipton Engineering, presented the
final plat to the Commission.
Final Plat
Cottonwood Bend No. 3 (Cont.)
Bill Petty had a few comments on the plat. There is only
one change in regards to the plat, that being the right-of-way
of Chapparal Road on the Allen side. He also stated that Staff
had a concern with the anticipated width of Chapparal Road.
Recommendation from the staff was that before this is allowed
to develop, that we be convinced that the transition can be made
from a 33 feet street to a 24 foot, in regards to the intersection.
MOTION: Upon a motion made by Commissioner Garcia and seconded
by Commissioner Wilson, the Commission voted 5-0 to
approve Agenda Item No. VII providing that the 110 foot
right-of-way is there. The motion carried.
Final Plat
Nelson Eneineer
(Agenda Item No. VIII)
Chairman Pendleton read the agenda item into the record as
follows:
"Consider a request for final plat approval as requested by
Nelson Engineering for Don G. Jones. Said tract of land is
situated in the City of Allen, Collin County, Texas and lying
in the William Perrin Survey, Abstract No. 708, said tract
being part of a 10.0 tract of land conveyed by Robert E. Lowman,
et ux, from Gentry T. Jones, or al dated January 11, 1964.
Property is further known as being east of Highway 5."
Brian Marcus, of Nelson Engineering, presented the plat to
the Commission.
Bill Petty stated to the Commission that the plat meets staff
requirements. The reason for the platting of the property is to
get the 5 foot additional right-of-way for the future development
of Highway 5, and a sanitary sewer easement from the north to the
south property line.
MOTION: Upon a motion by Commissioner Garcia and seconded by
Commissioner Hoover, the Commission voted 5-0 to approve
Agenda Item No. VIII. The motion carried.
ALLEN PLANNING &
ZONING
COMMISSION
PAGE 7
OCTOBER 25, 1984
Final Plat
Cottonwood Bend No. 3 (Cont.)
Bill Petty had a few comments on the plat. There is only
one change in regards to the plat, that being the right-of-way
of Chapparal Road on the Allen side. He also stated that Staff
had a concern with the anticipated width of Chapparal Road.
Recommendation from the staff was that before this is allowed
to develop, that we be convinced that the transition can be made
from a 33 feet street to a 24 foot, in regards to the intersection.
MOTION: Upon a motion made by Commissioner Garcia and seconded
by Commissioner Wilson, the Commission voted 5-0 to
approve Agenda Item No. VII providing that the 110 foot
right-of-way is there. The motion carried.
Final Plat
Nelson Eneineer
(Agenda Item No. VIII)
Chairman Pendleton read the agenda item into the record as
follows:
"Consider a request for final plat approval as requested by
Nelson Engineering for Don G. Jones. Said tract of land is
situated in the City of Allen, Collin County, Texas and lying
in the William Perrin Survey, Abstract No. 708, said tract
being part of a 10.0 tract of land conveyed by Robert E. Lowman,
et ux, from Gentry T. Jones, or al dated January 11, 1964.
Property is further known as being east of Highway 5."
Brian Marcus, of Nelson Engineering, presented the plat to
the Commission.
Bill Petty stated to the Commission that the plat meets staff
requirements. The reason for the platting of the property is to
get the 5 foot additional right-of-way for the future development
of Highway 5, and a sanitary sewer easement from the north to the
south property line.
MOTION: Upon a motion by Commissioner Garcia and seconded by
Commissioner Hoover, the Commission voted 5-0 to approve
Agenda Item No. VIII. The motion carried.
ALLEN PLANNING & ZONING COMMISSION PAGE 8
OCTOBER 25, 1984
Replat of
Bethany Park
(Agenda Item No. IX)
Chairman Pendleton read the agenda item into the record as
follows:
"Consider a request for a replat approval as requested by
Jack W. Roome Surveying, Inc. for Bethany Park Addition.
Said request is for lot 3 and is an addition to the City
of Allen, Texas, in the William Perrin Survey, Abstract No.
708, and the Rufus Sewell Survey, Abstract No. 875, being
Lot 3, Block A of the Bethany Park Addition to the City of
Allen according to the revised map filed in Volume C, Page 151
of the Map Records of Collin County, Texas. Further known
as being located south of Bethany Road, and east of State
Highway 5."
John Talheimer presented the plat to the Commission. He
stated the reasons for the replat to the Commission, being that
when Steve Goodman bought the lots in the addition, he thought
they were three seperate plotted plats - at closing it came out
j and was suggested to be replatted.
Bill Petty stated to the Commission that the replat meets
staff requirements.
MOTION: Upon a motion by Commissioner Wilson and seconded by
Commissioner Garcia, the Commission voted 5-0 to approve
Agenda Item No. IX. The motion carried.
Adjournment:
MOTION: Upon a motion made by Commissioner Garcia and seconded
by Commissioner Hoover, the Commission voted 5-0 to
adjourn the October 25, 1984, Regular Meeting at 10:45 p.m.
These minutes approved on the day of 1984.
Jim endleton, Chairman Wayn Armand, Secretary