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Min - Planning and Zoning Commission - 1993 - 09/23 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING SEPTEMBER 23, 1993 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs Kenneth Fulk, Secretary Douglas Gallagher, Vice -Chairman Jeffery Kelley Noel Crume (arrived 7:55 p.m.) Commission Members Absent: Steve Allen City Staff Present: Bill Petty, Director of Community Development George Conner, Director of Public Works Tom Keener, Development Coordinator Sally Leeper, Secretary ALL TO ORDER AND ANNOUNCE A OUORUM With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m, by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes September 9. 1993 (Agenda Item II) Chairman Garcia read the agenda item into the record as follows "Approve minutes of September 9, 1993, Regular Meeting." MOTION: Upon a motion by Commissioner Fulk and a second by Com- missioner Biggs, the Commission voted 5 FOR and 0 OPPOSED to approve the minutes of September 9, 1993. PLANNING 8, ZONING COMMISSION SEPTEMBER 23, 1993 PAGE 2 Consider Clarification of Requirements for Side Entry in Watters Crossing (Agenda Item VLA) Chairman Garcia read the agenda item into the record as follows: "Clarification and staff direction on drive and garage entry as approved on Watters Crossing plat." Mr. Bill Petty stated that staff is requesting clarification regarding the terminology of "front/side entry garages" that is attached to the final plat for Watters Crossing. Note #5 on the plat states "side -front entry or rear entry allowed on lots with no alley. Lots 28 and 24 of Block A have been submitted for permit with garages opening to the street. These are comer lots and clarification is needed as to whether these garages can actually open to the street, or must he turned to the side. Commissioner Kelley advised that he had a conflict of interest regarding this issue because he is associated with an architect involved in this community. He removed himself from the bench. Mr. Joel Robuck, Bon -Terre, discussed the stage of development in Watters Crossing. He stated he is requesting that four lots he allowed to have front entry garages. These are: Block A, Lot 28, to save 3 24" caliper trees and 12 4" caliper native trees, and to refrain from filling a drainage swell; Block A, Lot 2, this garage would face a common open space to the north; Block A, Lots 23 and 19 - save the native trees and allow a larger back yard; to save concrete paving costs; Mr. Robuck stated that Lot 24 is not being requested for front entry at this time as their plan has changed on this lot. Commissioner Biggs questioned whether potential adjacent homeowners will be aware of this allowance before they purchase lots. Mr. Robuck stated that the sales counselors would communicate this information. Mr. Robuck stated that there are other lots in this same structure; however, they have designed homes to work around this situation. He added, however, that Lot No. 21 will be a difficult lot to design. He suggested that he may request special attention for this lot at a later time. PLANNING & ZONING COMMISSION SEPTEMBER 23, 1993 PAGE 3 Chairman Garcia questioned the Commission as to their intent with the language of "front/side entry." The consensus of the Commission was that the wording was meant to indicate that no open garage would be seen from any street. Mr. Petty stated that if this Commission agrees to the request, the plat will have to be amended to identify the particular lots where the exception is allowed. It may be necessary to hold a public hearing to replat the property because of State law regarding replatting and amending plats. Mr. Petty stated that staff would investigate the need for a public hearing; however, the Commission might want to give some direction to the proponent. Commissioner Fulk requested additional drawings of each lot indicating the location of trees or other justification for this request. Staff was requested to research the need for a public hearing and if one is required by State law, to schedule it on the agendas to consider amending the plat. Preliminary Plat Allen North Addition (Agenda Item III) Chairman Garcia read the agenda item into the record as follows: "Preliminary Plat - Consider preliminary plat approval for Cummings & Pewitt representing Dallas Allen Associates for the Allen North Addition, being an 18.0452 - acre tract of land in the Henry Wetsel Survey, Abstract No. 1026, situated in the City of Allen, Collin County, Texas, Collin County, Texas; further described as being located north of Exchange Parkway and east of S.H. 5." Mr. Keener stated that the preliminary plat is consistent with the zoning on this property. The zoning is multi -family and single family is allowed by right in a multi -family district. The entire 92 -acre tract of land includes commercial, MF, and R-4 zoning. Mr. Keener presented a concept plan for the entire 92 acres. He stated that a facilities agreement will need to be in place for improvements to Exchange, and funds will need to be escrowed for improvements to S.H. 5. Mr. Keener indicated that the proponent is not showing an alley on the north side of Ashcrest Court. Staff is suggesting that traffic barriers be required on the cul-de-sacs adjacent to S.H. 5. The Fire Marshal has indicated that cul-de-sac length of 600 feet will require a variance. He has not given specific approval, but has indicated that emergency access might require knuckles for maneuverability. Preliminary engineering has been reviewed and approved. PLANNING & ZONING COMMISSION 7 SEPTEMBER 23, 1993 PAGE 4 Mr. Michael Cummings, Cummings and Pewitt, stated he considered that alleys provide additional access to the cul-de-sacs. He provided pictures showing the trees on the north side of the property, and added that there are only 5 or 6 trees with a cluster of trees at the eastern end. The consensus of the Commissioner was to add the alley on the north side of the property Mr. Cummings agreed to add the alley. The Commission discussed the issue of cul-de-sac length and there was a question whether "alley access" was sufficient to satisfy the Fire Marshal concerns, or whether knuckles would be required in addition to the alley access. The consensus of the Commission was that the alley access is sufficient to satisfy the Fire Marshal's concerns. Commissioner Fulk suggested that additional right-of-way should be allowed in the alley inlets to allow emergency access. It was the consensus of the Commission that the Fire Marshal approval of the cul-de-sacs should be required at the time of final plat. Mr. Keener indicated that the lot sizes and regulations are those of garden home zoning. MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Biggs, the Commission voted 6 FOR and 0 OPPOSED to approve the prelimi- nary plat for Allen North Addition with the following stipulations: 1. Prior to final plat, a facilities agreement will be entered into to satisfy the needs on Exchange Parkway, and funds will be escrowed for improvements to S.H. 5. 2. Traffic barriers will be provided between the cul-de-sacs and S.H. 5. 3. An alley will be constructed on the north of Ashcrest Ct, and the temporary turn- around will he removed. 4. The Fire Marshal must give clear indication of approval on the cul-de-sac lengths and layout. PLANNING & ZONING COMMISSION SEPTEMBER 23, 1993 PAGE 5 Preliminary Plat Cottonwood Bend Estates (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Preliminary Plat - Consider preliminary plat approval for Corwin Engineering, Inc. representing C. B. 4, Ltd., for the Cottonwood Bend Estates Addition, being 63.110 acres of land out of the R. C. Whisenant Survey, Abstract No. 1012, in the City of Allen, Collin County, Texas; further described as being located north of Chaparral Road and west of Cottonwood Creek." Mr. Keener presented the plat to the Commission. He indicated that a Vee topographic map was prepared. The zoning on this property requires that a facilities agreement be entered into for improvements on Chaparral, as well as a requirement that an 8 -foot hike and bike trail be installed in the park area, and a 4 -foot wrought iron fence be installed along the rear of all lots backing to the park area. The proponent is showing this wrought iron fence along the rear of the lots that back to the park; however, not on the lots that "side" to the park. They are indicating a pedestrian easement between the lots that "side" to the park to allow access to the park area from the cul-de-sacs. Mr. Keener stated that special attention has been given to the pecan trees in this subdivision. He added that because of the interruption of Chaparral through Cottonwood Bend 4F, this portion of roadway should be required to be completed with the construction of Cottonwood Bend Estates. The Fire Marshal has given the same comments regarding the cul-de-sac lengths on the proposal as on the previous proposal. Mr. Warren Corwin, Corwin Engineering, spoke before the Commission. He stated that temporary fencing could be provided around the large Elm tree on Lot 39, Block A. No fill will be used around this tree. The specific building line on Lot 67 was discussed in view of the need to protect the trees from development. Commissioner Kelley questioned the length of Sterling Court. He suggested that the alley to the north should be lied into the Sterling Court cul-de-sac between two of the lots. Mr. Corwin agreed to accommodate this request. However, he stated that the neighborhood to the north had expressed reluctance to a tie-in of this nature. PLANNING & ZONING COMMISSION J SEPTEMBER 23, 1993 PAGE 6 The consensus of the Commission was that an additional alley tie-in be required along Sterling. Commissioner Fulk suggested that he was concerned with the alleys that turn out onto Rosewood Lane. Mr. Corwin stated that Rosewood is not a collector street in the area of concern; however, at the south end it has been widened to collector street width. He stated he would agree to turning the alleys between Weeping Willow and Red Tip, between Red Tip and Wind Elm, and between Wind Elm and Pecan. Mr. Keener stated that based on the traffic engineering recommendation, staff is comfortable with the alley design as submitted. The consensus was to require those three alleys to be turned away from Rosewood. The Commission discussed whether the wrought iron fencing should be required at the rear or rear/side of any lots adjacent to the park. Mr. Corwin discussed the need for an opening at the ends of the cul-de-sacs for pedestrian access to the park. He discussed the requirement for the iron fences and the need for privacy for the individual lots. The consensus of the Commission was that in the area of pedestrian access in the cul-de-sacs, there would be no need for the wrought iron fence; it should be required adjacent to all other lots along the park. The Commission requested that Persimmon Drive be changed to Persimmon Court. Commissioner Fulk expressed concern regarding the trees on Lot 25, Block E, and the need to save as many trees as possible. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 5 FOR and 1 OPPOSED, with Commissioner Gallagher voting against, to approve the preliminary plat for Cottonwood Bend Estates with the following conditions: 1. A facilities agreement be entered into regarding Chaparral Road improvements, including the bridge, before final plat approval. 2. The wrought iron fence be required along all lots adjacent to the park, except in the area of pedestrian easement. 3. The alleys between Weeping Willow and Red Tip, Red Tip and Wind Elm, and Wind Elm and Pecan will not exit into Rosewood. PLANNING & ZONING COMMISSION El SEPTEMBER 23, 1993 PAGE 7 4. Persimmon Drive will be changed to Persimmon Court. 5. An alley access will be added to Sterling to meet the fire marshal's approval. 6. The cul-de-sac length and design must receive final approval by the Fire Marshal. 7 The drip line of the trees on the east side of the property will be identified. 8. The leave -out section of Chaparral in the area of Cottonwood Bend 4F will be constructed with Cottonwood Bend Estates. Discussion was held by Commissioner Kelley regarding the fact that the design of the wrought fence should be such that it would not require development that would Idll the trees. Commissioner Crume amended his motion to add a statement "footings for the wrought iron fence should be selected carefully to preserve the trees." The amendment was seconded by Commissioner Biggs. Commissioner Gallagher suggested that the developer should consider a design in Phase 2 to eliminate construction of Lot 25. Review of Subdivision Ordinance (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: "Review of Subdivision Ordinance." Mr. Keener presented the following proposed changes to the most current version of the Subdivision Ordinance. 1. Section 401. 1, text has been changed to reflect a 2/3 majority of the Council is needed to overturn a negative decision of the Commission. 2. Section 405.2, the term "land planner" has been added. 3. Section 3.9, the term "land planner" has been added. 4. Page 400-12, text added to indicate that a final plat is void after 90 days if not filed. PLANNING & ZONING COMMISSION SEPTEMBER 23, 1993 PAGE 8 5. Section 603.3, text added to indicate requirement for hike and bike trails along and/or underneath bridges or other areas identified as linear parks. 6. Section 605, drawings have been added to indicate design of location where screening walls, traffic barriers, are necessary. Staff is continuing to research the question of vacating plats when replats are requested. The above changes were agreed to by the Commission. The Commission was provided an overview of the major changes that have been incorporated in the new Subdivision Ordinance. Other Business: Mr. Keener advised the Commission that the proposed landscape ordinance and possible replat of Walters Crossing will be on the next agenda. Ate_. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Fulk, the Commission voted 6 FOR and 0 OPPOSED to adjourn the September 23, 1993, meeting of the Planning & Zoning Commission at 10:00 p.m. These minutes approved this 141 day of 6, C ', 1993. - U JL— John arcia, Chairman e, 4 �/" & Keifneth Fulk, Secretary