Min - Planning and Zoning Commission - 2002 - 11/19 - RegularALLEN PLANNING & ZONING COMMISSION
LNOVEMBER 19, 2002
ATTENDANCE:
Commissioners Present:
Gary Caplinger, Chair
Alan Grimes, First Vice -Chair
Darion Culbertson
Robin Sedlacek
Robert Wendland
Gary Stocker
Kenneth Harvey
Commissioners Absent:
None
City Staff Present:
Marina Sukup, Director of Planning
David Hoover, Assistant Director of Planning
Sally L. Leeper, Planner
Pam Conway, Administrative Secretary
John Baumgartner, City Engineer
Dennis Abraham, Civil Engineer
David Dodd, Attorney
REGULAR AGENDA
Call to Order and Announce a Quorum is Present:
With a quorum of the Commissioners present, Chairman Caplinger called the meeting to
order at 7:00 p.m. in the City Hall Council Chambers, 305 Century Parkway
Director's Report on November 12, 2002 Council Action:
Marina Sukup, Director of Planning and Development, reported that the Mayor
recognized November 20, 2002 as "National GIS Day' and presented a proclamation to
Richard Truong, Department of Planning & Development.
CONSENT AGENDA
1 Approve Minutes of November 5, 2002, Regular Meeting
2. Final Plat — Consider a Final Plat for Lot 1, Block 1, Allen Commerce Center, Being
24.658f acres of land located in the G. Phillips Survey, Abstract No. 701, and the Joseph
Dixon Survey, Abstract No. 276, City of Allen, Collin County, Texas; located northwest of
US 75 and Stacy Road at Chelsea Blvd.
Commissioner Grimes requested the items be removed from the Consent Agenda for corrections and
clarifications.
PLANNING & ZONING COMMISSION
NOVEMBER 19, 2002
WW"W
The Commission noted minor administrative corrections to the minutes.
Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner
Sedlacek, the Commission voted 7 IN FAVOR and 0 OPPOSED to approve
the Minutes from November 5, 2002, including the corrections. The motion
carried.
3 Final Plat — Consider a Final Plat for Lot 1, Block 1, Allen Commerce Center, Being
24.658± acres of land located in the G. Phillips Survey, Abstract No. 701, and the Joseph
Dixon Survey, Abstract No. 276, City of Allen, Collin County, Texas; located northwest of
US 75 and Stacy Road at Chelsea Blvd.
Commissioner Grimes questioned why the fire lanes and easements had been removed from the plat.
David Hoover, Assistant Director, Planning & Development, stated that they were on the General
Development Plan but they were removed as the applicant was under contract to supply a platted lot
to the eventual owner. The eventual owner would then need to file an amended plat to add fire lane
and other easements at the time of development. It was being done separately as there were two
engineering firms involved and the site plan for the proposed development has not been finalized.
Commissioner Grimes stated that he had just wanted to be certain that the fire lanes would be
included on the final site plan and amended plat and he was assured that they would be.
Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner
Culbertson, the Commission voted 71N FAVOR and 0 OPPOSED to
approve the Final Plat for Allen Commerce Center. The motion carried.
REGULAR AGENDA
4. Tabled Item/Floodplain Reclamation — Consider a request for Gulf Coast Package, Ltd. for
Floodplain Reclamation on 118± acres of land located at the southeast comer of Custer Road
and SH 121.
Motion: Upon a motion by Commissioner Sedlacek, and a second by Commissioner
Stocker, the Commission voted 7 I FAVOR and 0 OPPOSED to remove the
item from the table. The motion carried.
Mr. Hoover reviewed the item, noting that despite any verbal agreement by then City Engineer in
1998; no permit was ever issued. The decision to allow reclamation is not a Staff decision and
the technical sufficiency of the proposal does not establish consistency with the Allen Land
Development Code or the City's policy of not allowing reclamation of, or development in,
floodplains. Mr. Hoover reviewed minutes from the Planning & Zoning Commission and City
Council meetings at the time the zoning proposal was considered, noting that there was no
testimony which supported applicant's present claim. Staff recommends denial.
David Dodd, City Attorney, agreed that no approvals had been previously given and no action of
the Council affected the decision before the Commission on the issue of reclamation.
PLANNING & ZONING COMMISSION
NOVEMBER 19, 2002
PAGE
Paul Conrad, 1202 Waterdown Drive, Bridgwater Crossing subdivision, stated his concern with
any changes in the water flow. He requested it be looked at very closely
Kirk Williams, Winstead Sechrest & Minick, 5400 Renaissance Tower, Dallas, representing Gulf
Coast Package, Ltd., stated his belief that the zoning ordinance adopted in 1997 included
approval of reclamation, but in the event that it did not, he asked that the Commission approve it
now. He stated that City personnel had reviewed the floodplain reclamation study prepared by
Halff Associates in the 6 months prior to the approval of the 1997 ordinance.
Mr. Dodd noted that in 1997 the review was to be done by the City Engineer prior to permitting
Ms. Marina Sukup, Director of Planning and Development, stated that in a Planned
Development, a detailed plan was also required within 6 months of zoning ordinance approval
and that no plan was submitted or approved.
Commissioner Wendland, noting that the requirement for a detailed plan was a requirement since
1984, questioned if an extension was ever requested regarding the detailed plan.
Mr. Williams stated that no plan was submitted or extension requested.
Mr. Nichols, 10760 C.R. 132, Celina, Gulf Coast Pkg , an owner, stated that a study was done
and also another updated study
Mr. Hoover noted that floodplain reclamation is not a small issue and he believes there was a
clear understanding that it would be brought back later — when platted. A permit was never
requested.
Commissioner Harvey discussed the possibility of any commitments made by pnor City staff.
Mr. Hoover stated that no plat was ever brought to the Commission so no commitment was ever
given. Staff had no authority to grant permits of the type being requested so no commitment
could have been made to the applicant as no plat or detailed site plans were ever submitted or
approved.
Commissioner Grimes stated that this is a consideration of floodplain reclamation and he is not
able to support it at this time.
Commissioner Culbertson agreed with Commissioner Grimes that this is a floodplain issue and
not a zoning issue.
Commissioner Wendland stated that the Commission is very interested in fairness, and he has
reviewed all the ordinances from 1997 He can state with certainty that nothing the Commission
or Council approved in 1997 was anything but zoning. He further stated that this Commission is
not bound by any verbal commitments by Staff from 1997
Commissioner Sedlacek agreed that the process from 1997 was not completed and this is only a
reclamation issue.
PLANNING & ZONING COMMISSION
NOVEMBER 19, 2002 PAGE 4
Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner
[' Culbertson, the Commission voted 7 I FAVOR and 0 OPPOSED to deny
■il the request for floodplain reclamation. The motion carried.
Mr. Kirk Williams stated the desire to appeal the decision to City Council. Staff requested Mr.
Williams make his request in writing and copy the City Attorney's office.
5. Preliminary Discussion — Draft of 2002-2022 Comprehensive Plan- Ms. Sukup stated that
the draft of the Comprehensive Plan is on the City's web site. She stated that the Parks
Department is in the process of submitting updated information and that updated information
would be provided to the Commission before the next meeting.
Commissioner Sedlacek questioned if the High School had finished the Citizen Survey Mr.
Hoover stated it was underway and that we should receive them soon.
Other Business
• Upcoming Agenda Items
Adjourn
Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner
Grimes, the Commission voted 7 I FAVOR and OOPPOSED to adjourn the
November 19, 2002 Planning & Zoning meeting at 8:20 p.m.
These minutes approved this J r4 day of /.Xy[' p,-y�7E'h,� 2002.
Gary aplinger, YilVrman
A
Ju
m Conway, Adminislr
e Secretary