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Min - Planning and Zoning Commission - 1993 - 03/22 - Special CalledALLEN PLANNING & ZONING COMMISSION CALLED SPECIAL MEETING MARCH 22, 1993 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher Jeffery Kelley Steve Allen Noel Crume Commission Members Absent: City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary Rhoda Savage, Director of Parks and Recreation CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Com- mission was called to order at 7:00 p.m. by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes March 11, 1993 (Agenda Item II) This item was not considered at this time, but will be considered at the March 25, 1993, Regular Meeting. I I I PLANNING & ZONING COMMISSION MARCH 22, 1993 PAGE 2 Tabled Item Twin Creeks (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Tabled Item - Consider a request by Richard Ferrara, representing Briar Ridge Investments, Inc., Mr. John Green, and Mr. David Whisenant for the Rowlett Farm Partnership, to amend Planned Development Numbers 38, 20, 27, and 28; and Flood Plain -Planned Development Numbers 23, 32, and 41, and a request for zoning on property currently zoned Agriculture -Open Space, including 2,684.90 acres west of U. S. 75, east of Custer Road, and north of F.M. 2170." MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to remove agenda item III from the table. Chairman Garcia advised that three motions are needed for this request; one for the Green request, one for the Whisenant (Rowlett Farm) request, and one for the Twin Creeks property. STAFF RECOMMENDATIONS: Mr. Bill Petty, Director of Community Development, reviewed a list of 17 items that staff had suggested be changed within the proposal. He also reviewed the four pages presented by the proponent as changes to the document; these pages are attached hereto and made a part hereof. He added that staff is not in a position to make a recommendation regarding parks or the land use tables. The following is a list of the 17 items with the action that was taken on each: 1. Page III -1, #7: The City of Allen ordinance references within these regula- tions shall mean those Municipal Ordinances that are current at the time of platting or development. This item was agreed to by all parties. 2. Page III -2: Thoroughfare facilities agreement will assign intersection improvement costs to the developer. It was decided that the words "to the developer" should be removed. Mr. Petty stated that the specific assignment of developer responsibility needs to be determined by the City Council at the time of zoning; specific details regarding this will be determined through the facilities agreement itself. 3. Page III -2/13, Bullet No. 1: Provide a design capacity sufficient to accom- modate anticipated flows at LOS C. This item was agreed to by all parties. PLANNING & ZONING COMMISSION .� MARCH 22, 1993 PAGE 3 4. Page III -3/F: Mid block crossovers may be provided if built to restrict cross access by means of a hooded or (one-way) median opening design. (Language proposed by Friebele) This item was agreed to by all parties. 5. Page III -9, No. 10: Add text: "May be required by the City of Allen." This item was agreed to by all parties. Chairman Garcia suggested that language similar to Item 5 might need to be included in other sections of the text. 6. u Page III -9, No. 11: Add words "Subject to City approval to sidewalk segment. This item was agreed to by all parties. 7. Page III -9: The medians of all divided thoroughfares shall also be land- scaped with trees, ground cover, and/or grass, and funded by the devel- oper as per the terms of a facilities agreement. It was decided that the words "to the developer" should be removed. Mr. Petty stated that the specific assignment of developer responsibility needs to be determined by the City Council at the time of zoning; specific details regarding this will be determined through the facilities agreement itself. a. Page IV -1, No. 4: Enforcement of satellites, etc., should be addressed in deed restrictions as opposed to zoning. Although the proponent would prefer to have the City involved with this issue, it was agreed that it should be covered only in the deed restrictions. 9. Page IV -2, No. C: The medians of all divided thoroughfares should be funded by the developer as per the terms of a facilities agreement. This item was agreed to by all parties. 10. Page IV -2, No. D: Define more clearly the circumstances that would require the City of Allen to assume responsibility for maintenance of these areas. Commissioner Crume questioned the wording that could be used to accom- plish this, and Mr. Petty suggested that the proponent should be able to provide suitable language. Mr. Ferrara stated that this text had been added to "allow" the City to take over maintenance if that was the desire of the City. It was decided that this section would be removed, and the assumption was made that the current adjacent property owner will be responsible for maintenance. This issue would be clarified through the facilities agreement. E PLANNING 1, ZONING COMMISSION E MARCH 22, 1993 PAGE 4 11. Page IV -4, No. 5: Hotels, Office Towers - height restrictions less than 20' should be assigned with additional height based on additional setback. Example: A 20 -story hotel could be built with a 25' front yard building line. This text was inadvertently left out and will be added. Mr. Ferrara proposed text such as "2 feet of rise would require an additional 1 foot of setback." 12. Page IV -7, No. 9: Add text: "Screening must be approved by the City of Allen." This item was agreed to by all parties. 13. Page IV -10, No. 9: "Screening must be approved by the City of Allen." This item was agreed to by all parties. 14. Page VI -3, No. 5: Lots not required to have alleys shall be designed with front entry drives and rear or side entry garages only. This item was agreed to by all parties. 15. Page VI -3, No. 6: Cul-de-sacs shall not exceed the City's length require- ment unless the appropriate City departments, at the time of platting, determine that access for emergency vehicles can be accommodated, and subject to such City approval, could be authorized to a maximum 1000' in length. This item was agreed to by all parties with the term "City approval" more clearly defined as meaning "Fire Marshal Approval." The length of cul-de- sacs would be approved by the Commission at the time of preliminary plat after a recommendation from the Fire Marshal. 16. Page VI -3, No. 7: Add 4 -foot sidewalk requirement for residential streets. This item was agreed to by all parties. 17. Page III -9, No. 12: Regarding the facilities agreement, language referenc- ing the facilities agreement should be identified as addressing thorough- fares and bridges only, as well as sidewalks, street lighting, and median improvements for such, and the actual thoroughfares adjacent to or located within these properties should be identified in this zoning ordinance. Mr. Petty stated that the specific assignment of developer responsibility needs to be determined by the City Council at the time of zoning; specific details regarding this will be determined through the facilities agreement itself. It should be clearly stated whether the Green, Whisenant, Arvida, and Briar Ridge parties should all be included in one facilities agreement, or whether each shall be required to enter into their own agreement. PLANNING 1, ZONING COMMISSION MARCH 22, 1993 PAGE 5 It was agreed that the specific streets would be listed in the proposal, with the funding to be considered through the facilities agreement process. Mr. Ferrara requested that separate facility agreements be developed for the three different ownerships—Green, Whisenant, Briar Ridge. Mr. Petty presented a recommendation, supported by the City Manager, regard- ing the layout of the golf course and the linear park. He stated that staff is recommending that the golf course and linear park system be accepted as a concept plan at this time, and language should be included stating that when the actual design is available, and prior to development, the proponents will develop a golf course plan and linear park plan to be considered a site plan and that they will be reviewed and approved by the City Council. He stated that this process was intended to incorporate the best design possible and to protect the integrity of the linear park system. Commissioner Kelley stated he felt that the text included on Exhibit "A-2" should be changed from "as part of the platting process" to "City Council approval." Mr. Bruce Smith, Arvida, questioned whether this site plan approval by the City Council would involve any residential adjacent to the golf course and it was confirmed that it would not. Commissioner Gallagher questioned Ms. Savage, Director of Parks and Recre- ation, as to her feelings toward the site plan approval process being proposed. She stated she agreed with the recommendation. Mr. Ferrara requested a definition of the term "City of Allen." Mr. Petty stated his intent in his recommendations was that the term should mean "city staff"; however, he stated that this terminology would not be appropriate in the docu- ment; "City refers to the different departments within the City, and would not involve any public hearing process. Regarding Items #2, 7, 9, 10, and 17: Mr. Ferrara stated that the proponent is concerned about making commitments to a facilities agreement in a zoning process. These items should be left to the facilities agreement. He stated they are agree- able to naming the specific streets; however, further details of the facilities agreement should be left to that process. Mr. Petty stated that staff is not requesting specific dollar amounts to assigned at this time; but rather identifica- tion of the specific thoroughfares involved. A facilities agreement must be completed prior to development, identifying all pro rata costs to all parties involved. It should be limited to thoroughfares and those items associated with the construction of the thoroughfares. Mr. Ferrara stated they have no problem with identifying the roads in question and the specific items that need to be included; their problem is with the words "shall be funded by the developer." Mr. Petty stated that the terminology could be limited to "should be funded as per the terms of the facilities agreement." LAND USE TABLES: PLANNING 1, ZONING COMMISSION MARCH 22, 1993 PAGE 6 Commissioner Fulk suggested that a Specific Use Permit (SUP) be placed on Building Materials Sales, Outside Display, Seasonal, in the CC/PC District. Mr. Ferrara stated that limitations are listed in the retail areas to allow no more than 30% of the width of the building for outside display. He would agree to the request to require an SUP for seasonal outside display. Commissioner Fulk suggested an SUP be required for gasoline service station in the OT District. Mr. Ferrara agreed to add this designation. Commissioner Fulk suggested an SUP be required for hotel/motel in the OT and TR Districts. Mr. Ferrara was not agreeable to this. It was suggested that the Commission would have site plan approval on all developments in this planned development. Mr. Petty suggested that an SUP be defined as "allowed by right; however, terms and conditions could be attached." Commissioner Kelley stated he felt that the use was appropriate in these areas. Mr. Ferrara further suggest- ed that a limitation of 1 per 50 acres would be appropriate in the OT and TR Districts. It was decided that 1 per 50 acres with no more than 2 per 50 -acre tract would be appropriate. Commissioner Fulls stated he had the same concern with hospitals and suggested an SUP be required in the OT and TR Districts in order to consider the issue of access. It was decided that this issue would be decided at the time of site plan and platting approval. Commissioner Fulk suggested requiring an SUP for Mass Transit Commuter Pick- up Service in all the allowed districts. Proponent agreed to add the SUP designa- tion in the OT and TR Districts. Commissioner Fulk discussed the use of Restaurant Without Drive-through Service. Mr. Ferrara suggested language could be added that states restaurants must be located on or adjacent to a major thoroughfare in the OT and TR Dis- tricts. Further discussion was held regarding the need to regulate this use and it was decided to allow the use by right as proposed. ADDITIONAL CONCERNS: Commissioner Fulk discussed the issue of acceptable screening materials on page IV -2, Item 8, and page IV -3, Item 9, rooftop mechanical equipment. It was decided that these paragraphs are acceptable as written. Page VII -6, the last paragraph, was discussed. This paragraph states that the park dedication fees will be waived. Mr. Ferrara stated that it is his understand- ing that fees would not be required because the ordinance has been satisfied. The question is whether the developer has satisfied the Park Dedication Ordi- nance or not? Chairman Garcia stated that his feeling is that the developer has not satisfied the Park Dedication Ordinance. Mr. Smith stated that the Commis- sion and the developer do not agree on this issue. He questioned where the fees, if paid, would be used, and specifically whether the fees would be used to purchase parks in the Twin Creeks Development. He was advised that the City is divided into 4 quadrants and the money would be used within the quadrant for E PLANNING & ZONING COMMISSION E MARCH 22, 1993 PAGE 7 which it was paid. Chairman Garcia stated he felt that the Park Dedication Ordinance should not be waived. Commissioner Crume suggested that this paragraph be deleted, and the City Council be requested to decide this issue. It was decided that this paragraph should be deleted. MOTION -GREEN TRACT: MOTION: A motion was made by Commissioner Crume and seconded by Commis- sioner Allen, to approve the Green Tract proposal as amended above. Commissioner Fulk requested clarification regarding the land being dedicated for the fire station. Mr. Ferrara stated that the total dedication to the City has been increased to include minimum requirements. They are willing to sell an additional acre to the Fire Department with strict architectural guidelines. They would allow a 2 -story structure since 2 -story homes are allowed on the adjacent proper- ty. The Commission voted 7 FOR and 0 OPPOSED for the motion. FINDINGS: 1. The request is compatible with adjoining land uses. i 2. The request is in conformance with the Comprehensive Plan. 3. The Park Dedication meets City requirements. 4. The request meets the Fire Chief's requirement for land. 5. The school site has been coordinated with the School District. 11 PLANNING 1, ZONING COMMISSION MARCH 22, 1993 PAGE 8 MOTION - ROWLETT FARM (WHISENANT) TRACT: MOTION: A motion was made by Commissioner Crume and seconded by Commis- sioner Biggs, to approve the Rowlett Farm Partnership (Whisenant) tract as amended above. Chairman Garcia stated that the tract numbers are missing on page 4, paragraph 2, and these should be inserted. The Commission voted 7 FOR and 0 OPPOSED for the motion. FINDINGS: 1. The request is compatible with adjoining land uses. 2. The request is in conformance with the Comprehensive Plan. 3. The Park Dedication meets City requirements. 4. The buffering is appropriate. L L PLANNING 1, ZONING COMMISSION $ MARCH 22, 1993 BRIAR RIDGE TRACT: PAGE 9 Commissioner Fulk stated that he is not comfortable with the treatment of the medium density residential in this tract. He stated he would like to see the proponent consider changing some of the multi -family to medium density, and remove some of the medium density from the area currently shown. Mr. Ferrara discussed this issue. Mr. Petty responded to this issue and discussed the meaning of medium density. Chairman Garcia stated that the proposal does not quote the Comprehensive Plan correctly regarding the ratios of single family to medium density and multi -family on Page II -1 and requested that this be corrected. Mr. Bruce Smith stated that the issue of medium density is one in which the developer continues to disagree with Commissioner Fulk. Commissioner Fulk further discussed his feeling of a need for affordable housing. Commissioner Allen suggested that medium density does not necessarily equate to a lower price for homes. Chairman Garcia discussed possibly discrepancies within Table II -3. Ms. Dia- mEl ond indicated that the numbers are based on net acres. Mr. Tom Keener, stated that any discrepancy is within 10 to 20%. Ms. Diamond further stated that the development regulations would cover any discrepancy in the table, and that this table is intended for information purposes only, and is not to be used for calcula- tion of density. MOTION: A motion was made by Commissioner Crume and seconded by Commis- sioner Allen to recommend approval of the request as amended to- night by the following items: 1) reference the 17 items listed above presented by staff and the concurrences referred to; 2) the golf course site plan will be approved by City Council; 3) revisions as referenced above will be made to the land use tables; 4) on Page VII - 6, the paragraph referencing the park dedication ordinance will be deleted; 5) pages I-5, II -1, II -6, and VII -6, will be accepted as presented tonight, except as referred to in Item No. 4 of this motion. Commissioner Gallagher questioned the effect of removing the last paragraph on page VII -6, regarding the Park Dedication Ordinance. It was clarified that this meant the Park Dedication Ordinance would remain in force. AMENDMENT: Commissioner Gallagher presented an amendment, seconded by Commissioner Fulk, to include the requirement that the linear park should be adjacent to the creek. Commissioner Fulk stated he agreed with the amendment because all City plans indicate that the hike and bike trail should be adjacent to the creek. E PLANNING 1, ZONING COMMISSION MARCH 22, 1993 PAGE 10 Commissioner Kelley stated that the design of the golf course should be foremost for safety. Chairman Garcia stated that the plans indicate the linear park be adjacent to the creek. Commissioner Crume stated that he did not feel that the Commission needs to design the golf course and that public access is provided. City Council will have final approval of the golf course plan, and the hike and bike trail will be along the creek through much of the development. Commissioner Fulk discussed the Park Board recommendation regarding moving the golf holes outside the "V" of the creek and locate the linear park along the creek. Commissioner Biggs stated that the original motion is to allow the City Council approve the golf course plan. Commissioner Allen stated that the Commission should not set certain criteria for the golf course, but allow the City Council final approval. Commissioner Kelley stated he has no problem with the concept plan as shown. He stated safety might be compromised if too many restrictions are placed on the design of the golf course. He suggested some compromise needs to be reached because the City is acquiring a golf course. Commissioner Fulk suggested that the Linear Greenbelt Study does discuss the need for safety. Commissioner Gallagher stated that the Commission needs to protect the linear park link along the creek. He discussed the fact that the section of the creek north of F.M. 2170 is the nicest section of the creek in Allen. The Commission voted 3 FOR and 4 OPPOSED to the amendment to the motion, with Commissioners Biggs, Kelley, Allen, and Crume voting against the amendment. The amendment died. The Commission voted 4 FOR and 3 OPPOSED to the motion, with Commis- sioners Garcia, Fulk, and Gallagher voting against the motion, and the motion, without amendment, passed. MAJORITY FINDINGS: The project will be an asset to the community. 2. The new zoning presents a better aspect than the existing zoning. 3. The City Council will address the financial aspects of the request (see Page VII -6). PLANNING & ZONING COMMISSION MARCH 22, 1993 PAGE 11 4. The City Council will address the golf course and linear park design. 5. Several access points to the linear park system should be provided. 6. The realignment of Exchange Parkway is appropriate. 7. The new zoning, as opposed to the existing zoning, will be an asset to the City from an economic development concern. B. The City Council needs to listen to constituents regarding the design of the golf course. 9. Except for minor deviations from the linear park design, the linear park and golf course can work in harmony. MINORITY FINDINGS: I£ we do not limit and give City Council direction as to the placement of the hike and bike trail, the City may not be consistent with the Comprehensive Plan and Linear Park Plan. 2. At this point in time, access to the linear greenbelt is not assured. 3. Medium density residential is not allocated in appropriate locations. ADJOURN: MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Crume, the Commission voted 7 FOR and 0 OPPOSED to ad- journ the March 22, 1993, meeting of the Planning & Zoning Commis- sion. Th� ese minutes approved this day of X , 1993. rl�' 'YL� IL46 /xl_ Jo Garci , Chairman Kenneth FulkX Secretary I I c C TRACT N° ZONING GROSS ACRES R.O.W. FLOOD PLAIN NET ACRES 21B CF/MF 14.2 0.7 2.0 11.5 22 MF 19.1 0.8 5.3 13.0 23 MF 15.3 0.8 1.5 13.0 24 MF 15.5 - 1.5 14.0 25A SF 159.4 1.9 7.1 150.4 25B CF 12.2 - 7.4 4.8 26 CF 6.2 0.4 1.3 4.5 27 SF 122.4 5.0 6.8 110.6 28 SF 34.6 0.8 - 33.8 29 MDSF 20.7 - 2.7 18.0 30 CF/SF 43.3 1.7 2.6 39.0 31 MDSF 9.3 - 4.8 4.5 32A SF 351.0 9.5 341.5 32B SF 114.8 2.4 - 112.4 32C CF/SF 184.8 _ _ 184.8 32D NR 11.1 1.1 10.0 32E NR 28.3 2.0 5.5 20.8 32F CF 8.0 - - 8.0 32G GC 217.6 2.7 209.0 5.9 33 MDSF 41.6 3.6 38.0 34A SF/CF 37.3 3.9 33.4 34B CF 22.1 1.6 12.9 7.6 TOTAL 2375.3 97.2 302.2 1975.9 I-5 3.aa.�3 SECTION II SUPPORTING DOCUMENTATION Comparison of Twin Creeks with the City of Allen 1292omp h- hensye Pl alk As part of the planning process for the Twin Creeks Master Plan, we reviewed and analyzed the City of Allen's 1991 Comprehensive Plan. Generally, the results of this analysis indicated that the overall land use plan, goals and policies for Twin Creeks are generally in accordance with those of the City of Allen. The following summarizes the pertinent results of this comparative analysis: The proposed land uses in Twin Creeks are generally as indicated on the city's "Land Use and Mqior Thoroughfare Plan ". Specifically, employment centers and associated commercial and retail uses are located along the commercial corridors of U.S. 75 and S.H. 121; that neighborhood scale retail is located at major intersections; that the higher density, multi -family, housing is located near the proposed employment centers and as a buffer between single family and commercial uses, and a mixture of single family lot and home sizes are provided from Watters Branch Creek westward towards Custer Road. • The Comprehensive Plan calls for ultimately, on a City wide basis, a 66/34 ratio between low density single family and medium to high residential units. The Twin Creek original master plan reflected a goal for a unit mix of 65% of the dwelling units to be single family and the remaining 35% for higher density dwelling units. However, with the Planning Commission's requested inclusion of an option medium density, approximately 15% of the total single family dwelling units could actually be medium density. Therefore, this decreased the potential for low density housing and increased the higher density housing so that the resultant is 50% single family, 15% medium density and 35% high density. In accordance with the Comprehensive Plan, Twin Creeks is proposing a "balance of housing sizes with an emphasis on larger homes' as well as providing housing opportunities for all income and age groups. In the Comprehensive Plan, Neighborhood Residential is defined as follows: 'This land use category is imended for development of mixed density residential neighborhoods. It provides for flexibility of specific locations and uses within the neighborhood provided that design principal and development policies of the city are maintained and provided uses fall within the maximum levels of the control totals and area acceptable densities levels to the City'. c 3 I / § ) § m ƒ s � ■ 2 s 2 } ) s & « K f & § [ z ©\ E § 0 , ) / § a ■ « _( _ , _ ] !/r y - [ - ; § I / LN B COMMMTY PARK The 17.4 acre portion of Tract 34A will be combined with the 22.1 acres of Tract 34B for a Community Park. The 17.4 acre portion of Tract 34A shall be available for acquisition by the City of Allen for public park uses for a period of 6 years, Q until such time that Exchange Parkway is under construction between Ridgeview Drive and Rowlett Creek, which ever is the later of the two. During that time, the City of Allen may acquire this parcel at fair market value based on adjacent comparable land within Twin Creeks. Once this land is acquired by the city of Allen, the City must improve this park within 18 months of the date of acquisition, or the owner will have the option of reacquiring the land back from the city at the cost of acquisition. In the event the City Does not acquire this 17.4 acre portion of Tract 34A it may be developed under the SF -1 district regulations outlined in this ordinance. Neighborhood Park - 5 acre portion of Tract 34C. This portion of Tract 32C shall be available for acquisition by the City of Allen for public park uses for a period of 6 years. During that time, the City of Allen may acquire this parcel at fair market value based on adjacent comparable land within Twin Creeks. Once this land is acquired by the city of Allen, the City must improve this park within 18 months of the date of acquisition, or the owner will have the option of reacquiring the land back from the city at the same cost of acquisition. In the event the City Does not acquire this five acre portion of Tract 23C it may be developed under the SF -2 district regulations outlined in this ordinance. As part of the Phase 1 of the Development of Twin Creeks, the first recreational facility (Tract 32E) will be developed with appropriate recreational amenities (see Section VI.3. of this Ordinance). The cost of these improvements will well exceed the funds that would normally be required during the platting process in lieu of land dedication for neighborhood parks. Therefore, given that this monetary investment as well as land devoted to recreational purposes in Twin Creeks is significantly more than the normal requirements for land dedication and/or funds in lieu of land for neighborhood parks, as required by Ordinance No. 1102-4-92, this Ordinance as well as any future park fees are waived for all future platting activities. VII -6