Min - Planning and Zoning Commission - 2003 - 01/21 - RegularE ALLEN PLANNING & ZONING COMMISSION
JANUARY 21, 2003
ATTENDANCE:
Commissioners Present:
Gary Caplinger, Chair
Alan Grimes, First Vice -Chair
Robin Sedlacek
Kenneth Harvey
Robert Wendland
Gary Stocker
Darion Culbertson
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
Dennis Abraham, Civil Engineer
David Dodd, City 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
Commissioner Stocker requested to pull Item 2, Final Plat for The Orchards, from the Consent
Agenda.
CONSENT AGENDA
1. Approve Minutes of January 7, 2003, Regular Meeting
Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner
Grimes, the Commission voted 7 I FAVOR and 0 OPPOSED to approve
the Minutes of January 7, 2003. The motion carried.
2. Final Plat — Consider a Final Plat for The Orchards, Phase One, being 120 lots located on
11,111 t acres out of the William Snyder Survey, Abstract No. 121, City of Allen, Collin
County, Texas; located at the northeast corner of Malone Road and Bethany Drive.
PLANNING & ZONING COMMISSION
JANUARY 21, 2003 PAGE 2
Commissioner Stocker questioned width of Lake Tawakoni Drive. He stated he understands that
Maxwell Creek is to be the primary entrance, but his concern was that Lake Tawakoni would be the
residents' choice.
Mr. Hoover stated it meets all standards and has been reviewed and approved by staff. In addition,
Bethany Lake Blvd. to the north is designed as a collector street to serve the subdivision.
Motion: Upon a motion by Commissioner Stocker, and a second by Commissioner
Sedlacek, the Commission voted 7 I FAVOR and 0 OPPOSED to approve
the Final Plat for The Orchards. The motion carried.
REGULAR AGENDA
Plats
3. Preliminary Plat — Consider a Preliminary Plat for Blue Star Self Storage Addition, being
6.579± acres of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen,
Collin County, Texas; located at the northeast corner of Main Street and Richardson Court.
Mr. Hoover presented the item to the Commission. He stated that the Preliminary Plat is consistent
with the General Development Plan/Concept Plan approved with the Specific Use Permit.
Landscape easements will be added to the final plat. He noted that a crash gate for secondary
emergency access will be installed at the north end of Richardson Court. He stated that there was
also a tree row that would be protected.
The only issue is that of the actual delineation of the floodplain/access easement/building line along
the Mustang Creek boundary Due to the slope of the edge of the Creek, it may result in a slight
movement of the actual property line on the Final Plat; however, any possible changes will be minor.
Staff recommends approval subject to possible shift in actual floodplain boundary and addition of
landscape easements.
In response to Commissioner Harvey's question, Scott Shipp, Huitt-Zollars, 2220 San Jacinto Blvd,
Denton, representing the developer, stated that the depression is actually not on their property but
will drain across to the drainage channel.
Commissioner Sedlacek questioned the landscaping along the creek. Mr. Hoover stated the
landscaping was actually done by the City when the creek was improved. This development will
add additional landscaping in phase I.
Commissioner Grimes questioned the second phase — located in the back comer. He wondered if the
City was comfortable with the fact that it would be landlocked if it never developed.
Mr. Hoover stated that it will still be maintained and would simply serve as additional green space -
it is not a concern.
Commissioner Stocker questioned the construction of the proposed wall to the north of phase 1 and
PLANNING & ZONING COMMISSION
JANUARY 21, 2003
PAGE
Mr. Hoover stated the wall would be a masonry product.
Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner
Wendland, following clarification of the action, the Commission voted 7 I
FAVOR and 0 OPPOSED, to approve the request subject to a possible shift
in actual floodplain boundary and with the addition of landscape easements.
The motion carried.
Public Hearings
4. Public Hearing— Public Hearing and consideration of an ordinance changing the zoning on
3.974± acres of land from AO -Agriculture Open Space to CF -Community Facilities. The
property is situated in the George W Ford Survey, Abstract No. 328, City of Allen, Collin
County, Texas, located on the west side of Allen Heights Drive, just north of Bethany Drive
and south of Park Place Drive.
Mr. Hoover presented the request to the Commission, noting that Assisted Living is for the
ambulatory elderly who need only a little assistance for day-to-day living. It is not a nursing
home facility The secondary benefit of the proposal will allow a more orderly development of
the property to the south. Currently, access to the adjacent property would have to come from a
bridge built across the creek, connecting to Allen Heights Drive. Development of this site, in the
configuration proposed, offers not only an alternate means of development for the adjacent
property, but also a compatible development that can complement it. The applicant/owner has
met with surrounding property owners and Staff believes that this is a logical and beneficial
location for this facility
Chairman Caplinger Opened the Public Hearing.
Chairman Caplinger read two responses from the public hearing notices mailed. One response
was for the request and one response was against.
David Bishop, 17 Bishop Gate, spoke regarding the request. His concerns include access to the
property south of the proposed development; a use lending itself to apartment type uses; parking;
proximity of roadway to the creek; traffic; intrusion into existing residential neighborhoods;
concern for his home; and the question that if this development fails, what other uses would be
allowed in CF zoning?
David McCormick, 24 Momoe Ct., stated his support of the request, questioning only the
setbacks, dumpster location and drainage.
Jeff Spanner, 718 Chandler Ct., stated that he was opposed since this project is similar to
multifamily and that significant tree removal would follow.
With no one else wishing to speak, the Public Hearing was closed.
Renee Roach, Clermont Avenue Ltd, Co-owner, 618 Clermont Ave., Dallas, stated a
demographic study was performed and that study indicated a need for this type of facility in
Allen. She described assisted living and stated that only about 1% of the residents drive.
PLANNING & ZONING COMMISSION
JANUARY 21, 2003 PAGE 4
I' John Roach, Clermont Avenue Ltd, Co-owner, 618 Clermont Ave., Dallas, addressed some of
the concerns expressed during the public hearing and stated that only 4 buildings will be built at
first. The highest elevations me the buildings in the front (closest to Allen Heights.) The
development will alleviate some of the existing drainage problems in the area, no dumpsters will
be used; substantial landscaping will limit public view of the parking area, and the rem setback is
15 feet
Mr. Roach stated that they desire to work with the community and the adjacent homeowners; and
he expressed his thanks to the property owners for their input which actually helped them design
the plan.
Commissioner Harvey stated that his experience with these types of facilities was that they are
very well maintained and feels this would be a credit to the community
Commissioner Wendland reminded the Commission that the site plan is not attached to this
zoning and anything allowed in the CF -Community Facilities district would be allowed if this
zoning request is approved.
The Commission questioned the types of uses allowed in the CF -Community Facilities district.
Mr. Hoover named several allowed uses (hospitals, schools, churches) and stated that if CF -
Community Facilities is too broad, should we confine it? Mr. Hoover noted that the
IFComprehensive Plan indicates that we need to provide more diverse residential possibilities
Commissioner Wendland questioned if it would be appropriate to do this as a PD for this use
only? Mr. Hoover stated that it would be appropriate.
The Commission indicated that they would prefer a PD — which would give the City some
control and would eliminate some of the concerns.
Chairman Caplinger Reopened the Public Hearing.
Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner
Wendland, the Commission voted 5 IN FAVOR and 2 OPPOSED to continue
the public hearing to the next meeting. Commissioners Stocker and Harvey
were opposed. The motion carried.
5. Public Meeting — Conduct a Public Meeting concerning the requirements of Phase II of the
National Pollution Discharge Elimination Systems (NPDES) currently administered by the
Texas Commission on Environmental Quality (TCEQ) and the status of the City's permit
application.
Dennis Abraham, Civil Engineer, presented the item to the Commission. He described the
necessary steps to achieving this permit The draft permit is about 95% complete.
The Commission discussed the timing of the training, associated costs and the involvement of the
homeowners.
PLANNING & ZONING COMMISSION
JANUARY 21, 2003 PAGE 5
Mr. Abraham stated that all the details will be known once the final permit is prepared.
Chairman Caplinger stated that this is a Public Meeting and asked if anyone wanted to
speak.
No one wished to speak.
No action was needed.
6. Consider a Recommendation to City Council on the 1002-2021 Comprehenatve Plan
Ms. Sukup reviewed changes that were made and distributed a Future Parks map to the Commission.
Amy Williams Monier, Owner of Montgomery Farms, shared her vision for the development of that property
Commissioner Culbertson questioned if these changes would affect impact fees, and Ms Sukup stated that
they would not as there was not enough land involved.
The Commission stated their desire to postpone any action to the next meeting for an opportunity to review
the changes.
Other Business
• Upcoming Agenda Items
Mr. Hoover stated he would send the Commission the results of the survey taken by the High School
seniors.
Adiount
Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner
Grimes, the Commission voted 7 I FAVOR and 0 OPPOSED to adjourn the
January 21, 2002 Planning & Zoning meeting at 9:35 p.m.
These minutes approved this `7 f h day of 2003.
I;
Gary Caplinger, Chairman
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L2� 0',tA )9�4 --
am Conway, Admimstrativ ecretary
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=NOTICE TO PROPERTY OWNER WITHIN 200 FEET
i OF PUBLIC HEARING FOR PROPOSED ZONING
CITY OF ALLEN ZONING CASE Z-11118102-73 (Shadow Lakes Gardens)
The Allen Planning & Zoning Commission will hold a public hearing on January 21, 2003, at 7:00 p.m. in
the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas, to consider the zoning was as
described below:
The property is described as 3.974± acres of land situated in the George W. Ford Survey,
Abstract No. 328, City of Allen, Collin County, Texas; located west of Allen Heights south of Park
Place.
AO-Agriculture/Open Space.
REQUESTED ZONING: CF -Community Facilities for an Assisted Living Facility.
According to the current tax records, you are the owner of property within 200 feet of the proposed zoning
case. The hearing is open to the public and you have the right to speak for or against the proposed
change. You may also register your opinion by returning the form on the bottom of this notice to the
Department of Planning & Development, 305 Century Parkway, Allen Texas, 75013.
The Planning & Zoning Commission forwards its recommendations for any zoning change to the City
Council after conducting a public hearing. Cases recommended for approval are automatically scheduled
for a public hearing before the City Council. Cases recommended for denial may be appealed by the
applicant within thirty (30) days. At that time a hearing will be scheduled before the City Council.
Please contact the Planning Department, One Allen Civic Plaza, Allen, Texas, 75013 for additional
information or call (972) 727-0125, or e-mail sleeper@ci.allen.tx.us
Cut here
ZONING CASE Z-11/18/02-73 (Shadow Lakes Gardens)
Members of the Planning & Zoning Commission:
f -7I3 d"k
r Allen, Texas,.
, t
(NANE) I (ADDRESS)
�y
IT=NOTICE TO PROPERTY OWNER WITHIN 200 FEET 7
OF PUBLIC HEARING FOR PROPOSED ZONING 1
CITY OF ALLEN ZONING CASE Z-11118102-73 (Shadow Lakes Gardens)
The Allen Planning & Zoning Commission will hold a public hearing on January 21, 2003, at 7:00 p.m. in
the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas, to consider the zoning case as
described below:
The property is described as 3.974± acres of land situated in the George W. Ford Survey,
Abstract No. 328, City of Allen, Collin County, Texas; located west of Allen Heights south of Park
Place.
CURRENT ZONING: AO-Agriculture/Open Space.
REQUESTED ZONING: CF -Community Facilities for an Assisted Living Facility.
According to the current tax records, you are the owner of properly within 200 feet of the proposed zoning
case. The hearing is open to the public and you have the right to speak for or against the proposed
change. You may also register your opinion by returning the form on the bottom of this notice to the
Department of Planning & Development, 305 Century Parkway, Allen Texas, 75013.
The Planning & Zoning Commission forwards its recommendations for any zoning change to the City
Council after conducting a public hearing. Cases recommended for approval are automatically scheduled
for a public hearing before the City Council. Cases recommended for denial may be appealed by the
applicant within thirty (30) days. At that time a hearing will be scheduled before the City Council.
Please contact the Planning Department, One Allen Civic Plaza, Allen, Texas, 75013 for additional
information or call (972) 727-0125, or e-mail sleeper@ci.allen.tx.us
Cut here
ZONING CASE Z-1 1118/02-73 (Shadow Lakes Gardens)
Members of the Planning & Zoning Commission:
I,>��£S IR I1 19Z�"V£5 /R I� Y)L�iV , with property bcated at % 31 -5�7 A-4 r h I an, Texas,.
(NAME) (ADDRESS)
Support
Doppose
Th. ernr,nseA 7nnino chance for the following reasons:
DATE
I