Loading...
Min - Planning and Zoning Commission - 1985 - 12/12 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING DECEMBER 12, 1985 Present: Commissioners: Jerry Wilson, Vice Chairman Wayne Armand, Secretary John Garcia Eileen Karlsruher Ken Browning Commissioners Absent: Bobby Glass, Chairman Jack Pennington City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Nadine Hopps, Secretary The Regular Meeting of the Allen Planning & Zoning Commission was called to order by Vice Chairman Wilson at 7:30 P.M. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas. Minutes November 26, 1985 (Agenda Item II) Vice Chairman Wilson read the agenda item into the record as follows: "Approve minutes of November 26, 1985, Regular Meeting. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Garcia, Commission voted 5 FOR and 0 AGAINST to approve Agenda Item II as presented. The motion carried. D ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE TWO Public Hearing Diamond Shamrock (Agenda Item III) Vice Chairman Wilson read the agenda item into the record as follows: "Consider a request by Jerry B. Cumpton of Diamond Shamrock Refining & Marketing Company to amend the site plan for Bethany Plaza Shopping Center to include a convenience store, and a request for a specific use permit to allow gasoline sales with a car wash as an accessory use. This 3.67 acre tract of land out of the William Perrin Survey, Abstract No. 708, and the R. Sewell Survey, Abstract No. 875, Collin County, Texas, and further described as being the northeast corner of Bethany Road and Highway 5." Mr. Jerry B. Cumpton made the presentation to the Commission. He asked to withdraw this request and Agenda Item IV from the agenda due to policy changes in his company. MOTION: upon a motion by Commissioner Garcia and a second by Commissioner Browning, Commission voted 5 FOR and 0 AGAINST to allow proponent to withdraw his request for Agenda Items III & IV. The motion carried. Public Hearing Diamond Shamrock (Agenda Item IV) See Motion for Agenda Item III above. Public Hearing Pardner's Restaurant (Agenda Item V) Vice Chairman Wilson read the agenda item into the record as follows: "Consider request by Roger Harper of Pardner's Restaurant for a specific use permit for a private club as an incidental use to a restaurant. This property is located in the Eagle Plaza Shopping Center Addition to the City of Allen, a tract of land in the David Wetsel Survey, Abstract No. 977, recorded in Cabinet D, Page 133 of the Collin County Deed Records; and further described as being the southeast corner of F.M. 2170 and Jupiter Road." Mr. Roger Harper, Owner, made the presentation to the Commission. He stated that Pardner's was a fine restaurant which would better serve the citizens by operating a private club. ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE THREE Public Hearing Pardner's Restaurant (Continued) (Agenda Item V) Vice Chairman Wilson opened the Public Hearing. MR. TOM JOHNSON stated that he was in favor of this request. He stated that he would rather dine here in Allen than travel to Plano. MR. NORMAN BROADWAY stated that he was in favor of this proposal. MR. LLOYD CATLETT spoke in opposition to the proposal. MR. JOHN ROWIN stated that he was against this proposal. He said he had young children and feared for their safety. He was opposed to the location close to the school. MR. REIL JAGARO spoke that he was in favor of this proposal. MR. MIKE CARROLL spoke against this request. He is strongly opposed to this request because it is so close to the school and it would have a "Happy Hour" atmosphere. He desires to have Allen remain dry. MR. DAVID PALLING spoke against this proposal. He is concerned with the serving of drinks beginning at 12:00 noon and the restaurant being so close to the school. MR. P. D. THOMAS spoke against this request. MR. MIKE ROSS spoke against this proposal. He did a survey last year when the Allen Bowling Alley was requesting a specific use permit for this same purpose. From his survey he found that the people in the neighborhood behind this establishment were against this request. He stated that he feared for the safety of the school children across the street from this restaurant. MS. DEBRA HOLLAND stated that she was in favor of this proposal. She has a problem with the serving of alcohol during the lunch hour. She stated that Allen is being unfair to the citizens if they don't approve this request. MR. DAN STRONG spoke in favor of this proposal. MS. BETSY CHASE spoke in favor of this request. MR. EDDIE BRIDGES spoke against this request. ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE FOUR Public Hearing Pardner's Restaurant (Continued) (Agenda Item V) MR. GENE NIGHTINGALE spoke against this request. He stated that he feared for the safety of the children in the community. MR. HERBERT BARDWELL spoke in favor of this request. Vice Chairman Wilson closed the public hearing. Commissioner Garcia stated that Commission and Council have a Joint workshop set for January 7, 1986 to discuss Specific Use Permits for Private Clubs in the City of Allen. The consensus of the Commission was to not make a decision that evening. Vice Chairman Wilson on behalf of the Commission thanked everyone for attending and for their views on this request. Mr. Petty stated that Staff had been obtaining relevant regulatory and legal information in response to the Council's request at the budget retreat. Sample ordinances and other information will be discussed at the workshop. Consensus of the Commission was to join the Council in a workshop session on January 7, 1986. The Commission adjourned for a break at 8:00 P.M., and reconvened at 8:14 P.M. Replat Lot 1, Block 1, Molsen Addition (Agenda Item VI) Vice Chairman Wilson read the agenda item into the record as follows: "Consider replat approval by Nelson Corporation for Lot 1, Block 1, Molsen Addition being 5.3582 acre tract of land situated in the William Perrin Survey, Abstract No. 708, situated in the City of Allen, Collin County, Texas, and being part of a 24.341 acre tract as described in a deed from Homer L. Adams to H. Molsen & Company, recorded in Volume 639, Page 344, Deed Records, Collin County, Texas, said tract also being part of Lot 1, Block 1 of the Molsen Addition, an addition to the City of Allen, Collin County, and further described as being the southwest corner of U.S. 75 at F.M. 2170." Mr. Petty commented on this replat. The Molsen Addition consists of 3 lots. This is a replat of a portion of Lot 1, 4, 5, 6, 7, 8 & 9. Staff has a concern about Lot 10 which is owned by Nelson Corporation, the City requires all right-of- ways to be shown at the time of platting. ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE FIVE Replat Lot 1, Block 1, Molsen Addition (Continued) (Agenda Item VI) Mr. Keener advised Commission that Mr. Brian Marcus of Nelson Corporation telephoned and requested this item be withdrawn from the agenda. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Browning, Commission voted 4 FOR and 1 AGAINST to allow proponent to withdraw Agenda Item VI. The motion carried. Final Plat Ridgeview Memorial Park (Agenda Item VII) Vice Chairman Wilson read the agenda item into the record as follows: "Consider final plat approval by Doyle Morrow of Ridgeview Memorial Park on a tract of land situated in Collin County, Texas, and being a part of the George Phillips Survey, and being a resurvey of 60 acres of land conveyed by G. D. Johnson et ux, to J.C. Story et ux, by deed recorded in Volume 340, Page 231, of the Deed Records of Collin County, Texas, LESS HOWEVER, that portion of said 60 acres conveyed by J. C. Story et ux, to the State of Texas for Highway purposes. Further described as being south of Highway 121 and west of Highway 75." Mr. Petty made the presentation to the Commission. The right- of-way for Ridgeview Memorial Park would not be obtained through the regular platting process, and no utility easements are required on this plat. Staff has no problem with this plat. In a letter from Mr. Stan Itzkowitz, he stated that Mr. Charles A. Forbes indicated willingness to work with the City on the rerouting of Ridgeview along the border of the cemetary south of his property. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Karlsruher, Commission voted 5 FOR and 0 AGAINST to approve Agenda Item VII as presented. The motion carried. ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE SIX Final Plat Right -of -Way Dedication for Alma Drive (Agenda Item VIII) Vice Chairman Wilson read the agenda item into the record as follows: "Consider final plat approval by Dan Neal for Right -of - Way Dedication for Alma Drive being 0.530 acre tract of land situated in the J. W. Wilcox Survey, Abstract No. 1017, Collin County, Texas, and being part of the tract conveyed to Utal Development, Inc., by deed recorded in Volume 1909, Page 199 in the Deed Records of Collin County, Texas. Further described as being north of the intersection of Hedgecoxe and Alma Drive." Mr. Petty stated that Staff would like to recommend that Commission review this agenda item and the next agenda item together because they are a continuation of the same road. Vice Chairman Wilson read the agenda item into the record as follows: "Consider final plat approval by Dan Neal for Right -of - Way Dedication for Hedgecoxe and Alma Drive being 5.710 acre tract of land situated in the G. W. Ford Survey, Abstract No. 775, and J. H. Wilcox Survey, Abstract 1017, in the City of Allen, Collin County, Texas, and being part of the tract conveyed to Utal Development, Inc., by deed records in Volume 1991, Page 681 in the Deed Records of Collin County, Texas. Further described as being north of the intersection of Hedgecoxe and Alma Drive." Mr. Dan Neal of Jones & Boyd made the presentation to the Commission. They are platting the property for all the right-of-way on the Allen side. They will be constructing i of the bridge and the water line on the Allen side at this time. Staff reviewed the PD ordinance which states they will have to develop the 6 lane roadway and the other side of the bridge before a building permit will be issued. MOTION: Upon a motion by Commissioner Browning and a second by Commissioner Armand, Commission voted 5 FOR and 0 AGAINST to approve Agenda Items VIII and IX subject to engineering approval. The motion carried. u ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE SEVEN Replat Belmont Office Building (Agenda Item X) Vice Chairman Wilson read the agenda item into the record as follows: "Consider replat approval by Newton Buckley for Belmont Office Building being a tract of land in the old original town of Allen, Collin County, Texas, as recorded in Volume 6, Page 152 and 153 of the Collin County Land Records, being a replat of Lots 7, B, 9, and 10, Block 2 of said town. Further described as being east of Railroad tracks on Belmont." Mr. Newton Buckley, Owner, spoke on this replat. Mr. Petty commented on this plat. He stated that the only reason they are replatting this is to make it into a buildable lot and to move the interior lot line. Staff is working with the engineering on this review process. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Armand, Commission voted 5 FOR and 0 AGAINST to approve Agenda Item X subject to engineering approval. The motion carried. Request to Appear - Bryan Bush Tract (Agenda Item XI) Vice Chairman Wilson read the agenda item into the record as follows: "Request to Appear - Mr. J. T. Dunkin representing the Bryan Bush Tract discussing Traffic Study and other business related to this tract of land." Mr. Keener spoke on behalf of Mr. J. T. Dunkin who did not attend due to the possibility of bad weather. Mr. Keener reviewed the handouts that were given in the packets to Commission. He stated that all the adjacent property owners were in favor of the thoroughfare plan, however, Mrs. Roberts was still concerned with the entire financial responsibility of the bridge. ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE EIGHT Request to Appear - Bryan Bush Tract (Continued) (Agenda Item XI) Mr. Keener stated that he would be meeting with the Council of Governments next week. Mr. Keener advised Commission that at their next Planning & Zoning Meeting he would advise Commission on his meeting with COG. A decision must be made before January 23, 1986 on this submission. Joint Council/Commission workshop (Agenda Item XII) Vice Chairman Wilson read the agenda item into the record as follows: "Consider setting January 7, 1986 as a Joint Council/ Commission Workshop." Mr. Petty stated that the reason for this joint workshop was to discuss Specific Use Permits for Private Clubs in the City of Allen. Mr. Petty commented that in August at the Budget Retreat, City Council discussed Specific Use Permits in relation to Private Clubs. Staff received ideas and ordinances from other cities on their policies and criteria for Private Clubs. Staff will work up some sample ordinances to present at this workshop. The time of the meeting should be noted as being at 7:00 P.M. rather than 7:30 P.M. as stated in the memo. MOTION: Upon a motion by Commissioner Browning and a second by Commissioner Karlsruher, Commission voted 5 FOR and 0 AGAINST to call a Joint Council/Commission Workshop Meeting on January 7, 1986, at 7:00 P.M. in the City Council Chambers. The motion carried. Other Business (Agenda Item XIII) Mr. Keener advised Commission that the subcommittee for reviewing the analysis for the Comprehensive Plan met on Monday night and began working on the review process. ALLEN PLANNING & ZONING COMMISSION DECEMBER 12, 1985 PAGE NINE Other Business (Continued) (Agenda Item XIII) Mr. Keener advised Commission of the items on the next agenda and he reminded everyone that no meeting will be set for December 26. 1985. Adjourn (Agenda Item XIV) MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Karlsruher, Commission voted 5 FOR and 0 AGAINST to adjourn the Allen Planning & Zoning Commission Meeting at 9:05 P.M. These minutes approved this H7 day of _ql ,jtti 1986. Bobby Gl�ss, Chairman Waynal Armand, Secretary