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Min - Planning and Zoning Commission - 2003 - 10/21 - RegularALLEN PLANNING & ZONING COMMISSION LOCTOBER 21, 2003 ATTENDANCE Commissioners Present Robert Wendland Alan Grimes Gary Stocker Gary Caplinger Kenneth Harvey Robin Sedlacek Darien Culbertson Commissioners Absent None City Staff Present. David A. Hoover, Director of Planning Pam Conway, Sr. Administrative Assistant Joe Gorfida, Consulting Attorney 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. Directors Report on October 14, 2003 City Council Meeting David Hoover, Director of Planning & Development, stated that the Hunt property at Stacy & SH5 was again continued by the City Council, and would be considered at their October 28, 2003 meeting. Consent Aeenda Approve Minutes of October 7, 2003, Regular Meeting. Motion: Upon a motion by Commissioner Sedlacek and a second by Commissioner Harvey, the Commission voted 7 I FAVOR and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Reeular Aeenda 1. Public Hearing — Conduct a Public Hearing and consider an ordinance granting a change in zoning on 5.47+ acres of land to amend Planned Development No. 3, Area No. 3, to allow a 6 story hotel as an additional permitted use. The property is situated in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, located north of Bethany Drive east of Prestige Circle and west of SH 5. Mr. Hoover presented the request to the Commission. He stated that Hotels are not a permitted use in Shopping Center zoning. If approved, this would allow the proponent to construct a 6 -story AmeriSuites hotel. Staff believes that this type of development at this location may assist in developing the remainder of the Prestige Circle area PLANNING & ZONING COMMISSION OCTOBER 21, 2003 PAGE 2 Mardy Brown, Dowdy Anderson, 114 Rock Crossing Road, the applicant, stated that he was available for { questions. I Chairman Caplinger opened the public hearing. With no one wishing to speak, the public hearing was closed. Commissioner Harvey questioned if traffic was an issue. Mr. Hoover discussed the possibility of cross - access and stated that there are no traffic concerns. Commissioner Grimes questioned what a 6 -story building could become for the City if the hotel wasn't successful. He noted that it would seem very out of place. Mr. Hoover stated that it was not uncommon for this franchise to choose locations such as this. Commissioner Harvey questioned the applicant about market studies. Mr Brown stated that market studies had indeed been done, and he also added corporate customers are the typical clientele for the AmeriSuites hotel, which is why this type of location is desired Commissioner Wendland stated that this hotel could stimulate the surrounding area in a positive way Motion: Upon a motion by Commissioner Stocker and a second by Commissioner Harvey, the Commission voted 6 I FAVOR and 1 OPPOSED to approve the request. Commissioner Grimes was opposed. The motion carried. 2. Public Hearing — Conduct a Public Hearing and consider an ordinance granting a change in zoning on 529 47t acres of land from Planned Developments 35, 36, 37, 39 and 43 (being Corridor Commercial, Community Facilities, Industrial Technology, Office, Multi -family, Shopping Center, Garden Office, and Light Industrial uses) to a mixture of R3 -Residential, R5 -Residential, R7 - Residential, SC -Shopping Center, Corridor Commercial, Light Industrial, and Agriculture -Open Space uses. The property is situated in the Francis Dosser Survey, Abstract No. 280 and the George Fitzhugh Survey, Abstract No 32, City of Allen, Collin County, Texas, located north of Stacy Road between Watters Road and Chelsea Blvd. Mr Hoover presented the request to the Commission. He reviewed the current zoning and reminded the Commission of the workshops held regarding this request. He stated what is desired is to create a destination point. The proponents would like to create a Central Park concept within the flood plain and adjacent area, with fountains, amenities, trails, visitor parking, and scenic vistas, etc. — maintained by the HOA created with the development. This park would run from SH 121 to Stacy Road and would be developed with the residential portion in conjunction with the other infrastructure. The proponents believe that this park would serve to replace the original intent of the golf course, providing more opportunities for more users. Staff agrees that there would be more users with this concept, but does not believe that it would entirely replace the golf course concept. Mr. Hoover stated the conditions of approval and recommended that the Commission table this item for further refinement. Richard Ferrara, representing the owner, TRI, Inc., 5430 LBI, Dallas, reviewed the proposal for the Commission. He stated that the multifamily has been reduced from the original proposal. They propose to emphasize the greenbelt and stated that they are in compliance with the City's vision of residential development based on the neighborhood concept. PLANNING & ZONING COMMISSION OCTOBER 21, 2003 PAGE 3 Jerry Silo, representing the owner, TRI, Inc., 17090 Dallas Parkway, Dallas, presented pictures of the proposed park/open space. He discussed the proposed entry feature and stated they will create something with a substantial water feature. He presented the commercial development concept and suggested that certain developments could be prohibited near the greenbelt. He also noted that they are willing to provide a school site if needed. Joe Hickman, Blue Star Development, applicant, 1400 Preston Road, Plano, described the vision of a master planned community with villages within. He stated that commercial is a major part of the project and that he is making a financial commitment to make this development successful. Chairman Caplinger opened the public hearing. Bobbi Gilbert, 1515 Reedemer Lane questioned the caliber of homes Mr. Hoover discussed a letter received from Kathryn Murray (attached). He stated that he was hesitant to release the information she requested because new information was forthcoming— thus the freedom of information request. When the revised information was received, it was then distributed to Mrs. Murray. A letter was also received from Bill Wines (attached). Mr. Hoover stated that the letter centered on the alignment of Ridgeview. With no one else wishing to speak, the public hearing was closed The Commission discussed the request. They expressed concern with the Cottonwood Management property that is not a part of this request. That site allows industrial uses in close proximity to the proposed residential uses. They expressed concern with the amount of residential being proposed, and the impact on the school district. They agreed there needed to be a destination point, but were not convinced that a greenbelt would attract visitors outside of the community There are still unanswered questions. Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Stocker, the Commission voted 7 IN FAVOR and 0 OPPOSED to table the request to the November 4, 2003 meeting, to allow for further refinement. The motion carried. 3. General Development Plan - Consider a General Development Plan for Greenville Crossing, being 413 Residential Lots on 118 95t acres out of the J Roberts Survey, Abstract No. 777, City of Allen, Collin County, Texas; located east of SH 5 and south of Stacy Road. Mr. Hoover presented the request to the Commission. He stated that the zoning will be considered by the City Council for final action at their October 28, 2003 meeting. The proponent has requested Staff and the Commission approve the proposed GDP prior to the zoning being finalized, which would provide the developer with a defined plan and Council with an assurance that it would be developed as proposed. Staff recommends approval with conditions. Motion: Upon a motion by Commissioner Sedlacek, and a second by Commissioner Grimes, the Commission voted 7 I FAVOR and 0 OPPOSED to approve the General Development Plan for Greenville Crossing with the following conditions: 1) Fox Trail, as it is shown along the northern edge of Marion Elementary does not conform to the specifications for a Collector. The School District has agreed to work with the developer and the City to correct this situation. 2) All engineering issues related to water, sewer, drainage, and traffic will need PLANNING & ZONING COMMISSION OCTOBER 21, 2003 PAGE 3) to be addressed at the time of platting. The required ROW along SH5 and Allen Heights will need to be verified and adjusted accordingly. 4) Corner clips will need to be provided at all street intersections. 5) Lighting and tree mitigation plans will have to be approved. 6) The zoning will have to be approved. 7) Lots 15 — 22, Block H are to be removed. The motion carried. 4. Preliminary Plat— Consider a Preliminary Plat for Our Lady of Angels Catholic Church. The property is situated in the Chadrick Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas; located south and west of W Exchange Parkway and north of Ridgeview Drive. Mr. Hoover presented the request to the Commission. He stated that the Plat is consistent with the approved General Development Plan and the Allen Land Development Code, and staff recommends approval with conditions. Joe Riccardi, Ktmley Hom, 9300 Wade Blvd, Frisco, Developer's Agent, was present for any questions. Motion: Upon a motion by Commissioner Culbertson, and a second by Commissioner Grimes, the Commission voted 7 I FAVOR and 0 OPPOSED to approve the Preliminary Plat for Our Lady of Angels Catholic Church with the following conditions: 1. A trail will be required along Ridgeview Drive consistent with the City Trail Plan. 2. Issues related to engineering will need to be finalized before Final Plat. The motion carried. 5. Preliminary Plat - Consider a Preliminary Plat for Mustang Creek Estates, being 3.9741 acres out of the George W Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas, located west of Allen Heights Drive between Bethany Drive and Park Place Drive. Mr. Hoover presented the request to the Commission. He stated that they are requesting a variance for the sidewalks, and staff is not supporting that request. He stated that the Preliminary Plat is consistent with the adopted Concept Plan and staff recommends approval with conditions. Commissioner Harvey questions the maintenance of the open space. Mr. Hoover stated that the open space would remain in its natural state and will be owned and maintained by Mustang Creek Property Owner's Association. PLANNING & ZONING COMMISSION OCTOBER 21, 2003 PAGE 5 John Roach, 618 Claymont, Dallas, applicant, stated that each lot will have the appearance of separate homes and will look like a residential development. Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Culbertson, the Commission voted 7 I FAVOR and 0 OPPOSED to approve the request for a Preliminary Plat for Mustang Creek Estates with the following conditions: 1. Issues related to engineering will be addressed at the time of final plat. 2. Sidewalks will be required along Allen Heights Drive and Creek Valley Court and possible stabilization of the creek bank may be required. The motion carried. Commissioner Stocker questioned if the sidewalk was safe so close to the creek with a drop off. Dennis Abraham, Civil Engineer, stated that there will be a retaining wall and the sidewalk will be behind the wall. He also noted that the creek bank stabilization will be certified. 6. Preliminary Plat - Consider a Preliminary Plat for Twin Creeks North Addition, being 524 residential lots on 262± acres out of the Jesse A Gough Survey, Abstract No. 347, Shadrick Jackson Survey, Abstract No. 489, Mary Standifer Survey, Abstract No. 812, and the David M. Tucker Survey, Abstract No. 914, City of Allen, Collin County, Texas, located south of Ridgeview Drive, east of Bridgewater Drive and west of Exchange Parkway Mr. Hoover presented the request to the Commission. The proposal includes two school sites, one for an elementary and one for a middle school. The proposal is consistent with the Allen Land Development Code and the General Development Plan and staff recommends approval with conditions. The applicant was present for any questions. Commissioner Stocker questioned the maintenance of the open space, and Mr. Hoover stated that all open space would be maintained by the HOA Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner Grimes, the Commission voted 7 I FAVOR and 0 OPPOSED to approve the Preliminary Plat for Twin Creeks North Addition with the following conditions: 1. All supporting infrastructure will be constructed prior to home construction. 2. The drainage across the school site will have to be coordinated with Bob Curtis, AISD. 3. Engineering issues related to drainage, water, sewer, and traffic will need to be finalized prior to Final Plat submittal. The motion carried. A PLANNING & ZONING COMMISSION OCTOBER 21, 2003 PAGE 6 7 Preliminary Plat —Consider a Preliminary Plat for Quail Run Addition, being 416 residential lots on 110.952 t acres out of the John Tyke Survey, Abstract No. 325, LK Pegues Survey, Abstract No. 702, City of Allen, Collin County, Texas, located west of Curtis Lane, east of Watters Road, and south of Stacy Road. Mr. Hoover presented the item to the Commission. He stated that the proposal is consistent with the Allen Land Development Code and the General Development Plan and staff is recommending approval with conditions. Commissioner Stocker questioned the drainage on Red Bird Court. Dennis Abraham, Civil Engineer, described the drainage and stated that it would be resolved prior to the final plat Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Stocker, the Commission voted 7 I FAVOR and 0 OPPOSED to approve the Preliminary Plat for Quail Run with the following conditions: 1. A Facilities Agreement will be executed between the developer for construction of Watters Drive and the development of the park This will need to be in place prior to Final Plat approval. 2. The portion of the Plat north of Watters Drives (northwest corner) will have to be redesigned for Final Plat approval as the present configuration is not acceptable with regards to traffic safety. This may result in the loss of one of the residential lots. The road is necessary (Natchez Trace) as it affords the needed second entrance to Waterford Trails. 3. Wall easements will be needed along both sides of Watters Road for subdivision screening. 4. Issues related to engineering regarding water, sewer, drainage, and traffic will need to be finalized for Final Plat submittal. The motion carried. Other Business • Upcoming Agenda Items Adjournment Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Wendland, the Commission voted 7 I FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 10:20 p.m. Thele minutes approved this y-hday of -71,6UP,m Yej� 2003. Q4 :24e� 0 G Caplin , Chairman m Conway, Sr Administraf Assistant Kathryn K. Murray No. 7 Roberts Ave. McKinney, Texas 75069-3651 LEmail: kavkmurray aol com 17 October 2003 Mr. Peter H. Vargas Ci itdy Manager, City of Allen �V1 4 Mr David A. Hoover, Director Planning and Development City of Allen 305 Century Parkway Allen, TX 75013-8042 Subj: Freedom of Information Request Re: Public Hearing for Proposed Zoning Case Z-6/12/03-30 (TRI, Inc Blue Star Development) Cottonwood Management LTD has received notice of the public hearing scheduled for 21 October 2003 at 7:00 p.m. in the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas to consider the above referenced zoning case The notice was received on Saturday, 11 October 2003 As Agent for Cottonwood Management LTD, I attempted to obtain copies of the application and supporting documents on Wednesday, 15 October 2003, and was denied access to review such documents or to obtain copies. I was told that changes in the application were to be made on Thursday, 16 October 2003 Therefore pursuant to the Freedom of Information Act, and as an adjacent agricultural land owner, Cottonwood Management LTD requests copies of all documents, including but not limited to all correspondence (letters and email), maps, land use plans, and any other material related to Proposed Zoning Case Z-6/12/03-30 (TRI, Inc./Blue Star Development). Further Cottonwood Management LTD objects to the hearing set for 21 October 2003 on the grounds that it has been denied timely access to the application and supporting documents, and on the grounds that changes in the application have been made after submission and without allowing sufficient time for review Your assistance with this Freedom of Information request is appreciated. ■ Copy to: Harold Lloyd, Esq ` 14203 Kellywood Houston, TX 77079 (281) 497-4358 fax (281) 497-1301 Sin rely—, x�nwL~ ood Manage L7 By Kathryn K. Murray RECEIVED OCT 17 2003 CITY OF ALLEN CITY SECRETARY ra8c i vi. ✓ 4lk3 Bill Wines Subject: Zoning case Z5/12/03-30 (rRI, Inc./Blue Star Development), south side of Highway 121, east of CR 150 A trust my wife and I set up for our sons and another individual own the property immediately west of this proposed zoning on the south side of Highway 121 1 represent this property. Our concern is the small area of our property that will remain south of Ridgeview Drive after Ridgeview is constructed that will probably not be useable because of its small size. Our preference is for Ridgeview to connect to our property at the intersection of CR 150 and CR 149 and go west along the current right-of-way of CR 149 until it connects to Ridgeview that has already been constructed from Stacy Road east to CR 149. We believe using the already existing right-of-way for CR 149 will benefit the City of Allen, our property, and the properties on the south side of CR 149. Surely the City would prefer my proposed alignment for two reasons: 1) If we do not sell this small triangle to the property south of CR 149, we will have no reason to dedicate the rightof♦vay for this 800 feet of Ridgeview Drive. 2) Our property south of Ridgeview Drive was reduced by 50% from the Thoroughfare Plan without consulting with us. This occurred when the City accommodated the Property to our west (owned by Rantzow and Galameau) by moving Ridgeview Drive farther south. I am therefore requesting you inform TRI, Inc. and Blue Star Development of this problem so they can consider any impact on their zoning. I also ask you to consider our request if any dedication of Ridgeview Drive is considered. I would appreciate a reply indicating you have received this a -mail. Bill Wines 830598-9093 10/17/2003 From: Bill Wines [winm@tstar.net] Sent: Friday, October 17, 2003 12:29 PM To: 'dhoover@cityofallen.org' Cc: 'dabmham@cityofallen.org' Subject: Zoning case Z5/12/03-30 (rRI, Inc./Blue Star Development), south side of Highway 121, east of CR 150 A trust my wife and I set up for our sons and another individual own the property immediately west of this proposed zoning on the south side of Highway 121 1 represent this property. Our concern is the small area of our property that will remain south of Ridgeview Drive after Ridgeview is constructed that will probably not be useable because of its small size. Our preference is for Ridgeview to connect to our property at the intersection of CR 150 and CR 149 and go west along the current right-of-way of CR 149 until it connects to Ridgeview that has already been constructed from Stacy Road east to CR 149. We believe using the already existing right-of-way for CR 149 will benefit the City of Allen, our property, and the properties on the south side of CR 149. Surely the City would prefer my proposed alignment for two reasons: 1) If we do not sell this small triangle to the property south of CR 149, we will have no reason to dedicate the rightof♦vay for this 800 feet of Ridgeview Drive. 2) Our property south of Ridgeview Drive was reduced by 50% from the Thoroughfare Plan without consulting with us. This occurred when the City accommodated the Property to our west (owned by Rantzow and Galameau) by moving Ridgeview Drive farther south. I am therefore requesting you inform TRI, Inc. and Blue Star Development of this problem so they can consider any impact on their zoning. I also ask you to consider our request if any dedication of Ridgeview Drive is considered. I would appreciate a reply indicating you have received this a -mail. Bill Wines 830598-9093 10/17/2003 O Q.' 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