Min - Planning and Zoning Commission - 2006 - 08/15 - RegularPLANNING AND ZONING
COMMISSION
Regular Meeting
CITY OF ALLEN August 15, 2006
ATTENDANCE:
Commissioners Present:
Alan Grimes
James Rushing
Jeff Cocking
Robert Wendland
Marcelle Jones
Douglas Dreggors
Steve Shaffer
Commissioners Absent:
City Staff Present:
Lee Battle, Assistant Director of Planning
Kellie Wilson, Planning Technician
Dennis Abraham, Civil Engineer
Kent Mcllyar, Attorney
Regular Agenda
Call to Order and Announce a Quorum is Present:
With a quorum of the Commissioners present, Chairman Wendland called the meeting to order at
7:00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway
Director's Report on August 8, 2006, City Council Action
The Council approved the zoning change for Metroplex Gymnastics.
Consent Agenda
Agenda Item 1: Approve Minutes of August 1, 2006, Regular Meeting.
Agenda Item 2: Final Plat — Consider a request for a Final Plat for Alma Exchange
Addition, Lot 3 & 4, Block 1, being 3.5790± acres of land located at the
northeast corner of Alma Drive and Exchange Parkway
Agenda Item 3: Final Plat — Consider a request for a Final Plat for Cumberland Crossing,
Phase 1, being 70.225± acres of land located west of Twin Creeks Drive
and north of Exchange Parkway
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August 15, 2006
Motion: Upon a motion by Commissioner Grimes and a second by Commissioner
Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to remove
agenda item 3 from the Consent Agenda. The motion carried.
Motion: Upon a motion by Commissioner Grimes and a second by Commissioner
Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve
the Consent Agenda. The motion carried.
The Commission had received a copy of an e-mail from John Baumgartner, City Engineer,
listing items of concerns on different agenda items that needed to be included in motions should
they be recommended for approval — one item of concern was on the Cumberland Crossing plat.
However, the Developer had made the change prior to the packet. Because of the confusion, the
item was removed from the Consent Agenda.
Motion: Upon a motion by Commissioner Grimes and a second by Commissioner
Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve
Agenda Item 3. The motion carried.
Regular Agenda
Agenda Item 1: Public Hearing — Conduct a Public Hearing and consider a request to
change the zoning from AO Agriculture Open Space to expand PD
Planned Development No. 96 to allow R-6 Single Family Residential for
Hamilton Hills. The property is 30.97± acres situated in the David H. Nix
Survey, Abstract No. 668, and the James Wilcox Survey, Abstract No.
1017, City of Allen, Collin County, Texas; located north of Alma at the
Bethany Drive intersection.
Agenda Item 2: Public Hearing — Conduct a Public Hearing and consider a request to
change the zoning from PD Planned Development No. 76 for R-5
Residential, and AO Agriculture Open Space to expand PD Planned
Development No. 96 to allow TH Town Home and LR Local Retail for
Connemara Crossing. The property is 18.59} acres situated in the David
H. Nix Survey, Abstract No. 668, and the Michael See Survey, Abstract
No. 543, Collin County, City of Allen, Texas; located at the northeast
comer of Bethany Drive and Alma Drive.
Agenda Item 3: Public Hearing — Conduct a Public Hearing and consider a request to
change the zoning from PD Planned Development No. 76 for R-5
Residential, and AO Agriculture Open Space to expand PD Planned
Development No. 96 to allow R-7 Single Family Residential, and AO
Agriculture Open Space for Bethany Mews. The property is 16.80± acres
situated in the T.G. Kennedy Survey, Abstract No. 500, and the David H
PLANNING & ZONING COMMISSION
August 15, 2006
PAGE
Nix Survey, Abstract No. 668, City of Allen, Collin County, Texas;
located southeast of Bethany Drive and Alma Drive.
Chairman Wendland announced that there would be one presentation, and one public hearing on
Agenda Items 1-3. However, there will be separate motions for each item.
Amy Monier presented the requests to the Commission.
Hamilton Hills West
0 15.7 acres
o The lot lines may change to save the tree line
o Zero Lot Line
o Front and rear entry lots
0 2,000 minimum square feet of living space
Hamilton Hills East
o
The houses in the area will be tucked nicely in the trees.
0
2,000 minimum square feet of living space
o
Estate Homes
o
The Cisterna (windmill) will be used to water the greenbelt area.
Connemara Crossing
o
This parcel has some area with steep terrain. In this area we plan on some mixed use
retail with a living space above. There will be height restrictions restricting to no more
than 35 feet in height.
0
12.7 acres
0
24 x 70 lots
0
1,200 minimum square footage of living area
Bethany
Mews
Townhomes
0
8.6 acres with a large conservation area.
o
Townhomes with a soft contemporary design — with front entry Some structures will be
back-to-back, and some will be constructed side-by-side with a shared driveway
Single Family
o
Zero lot line client driven custom estates homes
0
45 x 100 minimum lot size
o
This development is more unique the land will be sold in 20 x 25 slices, with a minimum
of 2 slices per homeowner.
o
The project will show that the size of the house doesn't dictate the quality of the house.
o
Any left over slices will be used as open space.
0
2,000 square feet minimum living area.
o
The Pecan Grove homes will be on one (1) acre with designated foot print lots in a
"dwell" modem type layout.
o
There will be a community facility constructed in the Pecan Grove area.
PLANNING & ZONING COMMISSION PAGE 4
August 15, 2006
Chairman Wendland opened the public hearings.
Robert Stack (spoke against)
400 Irvine Drive
o Doesn't like townhomes
Richard Brewer (spoke against)
414 Irvine
o Thanked Emerson for a unique development
o Doesn't like townhomes
o City should stick to their Master Plan
Linda Strickland (spoke against)
508 Newberry
o Doesn't want townhomes
o The City needs to consider the water shortage —other cities are slowing down permitting.
Daniel Ottosen (spoke against)
1417 Imperial Drive
o His house backs up to the proposed Hamilton Hills West.
o Each Watters Crossing phase has increased in square footage — doesn't like 2,000 sq. ft.
o Wants estates home — this will increase the value of the Phase 3 homes
o No R6 — this is ridiculous
o We need a large tax base.
Pete March (spoke against)
1201 Sonoma Drive
o Concern with the density
o Doesn't support R6 in the Hamilton Hills West
o Size of house is a concern
o Thinks the 95 foot cisterna is too big, when the City rejected a request to put a tower in a
church steeple with a short height.
o Concerned with the tree line on Tatum.
o There is no diversity — all the homes have a zero lot line.
o The lot coverage size in the townhome area is a concern
Sue Boyette (spoke against)
513 Riverside Ct.
o She is an Allen High School teacher with 25% of her students being low-income. City
should stick to the Master Plan created by David Pitstick— when you vary from the Plan it
causes problems for the City It increases crime — education suffers — we now have
subsidized apartments on the Plan.
o The City should not issue any more variances.
o Doesn't want townhomes
o Don't downsize the lots
® o City needs to consider the water shortage
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August 15, 2006
Joe Walker (spoke against)
1219 Irvine Drive
o His house is adjacent to the proposed Connemara. They were zoned R5 — they've had
many years to develop this land as it was zoned. This is a big reduction to the original
zoning.
o Does not support the retail — retail should not intrude on residential.
o Their other developments have a berm shielding them from these proposals.
Shane Stelmach (spoke against)
1234 Irvine
o His house is new the proposed Connemara. He is against the R6 zoning.
o He stated that he has been told for yews that the zoning would not change. He stated,
"We've been blind sided."
Robert Piazza (spoke against)
514 Irvine
o Stated he had just bought his home. He was told that this area would be medium density
zoning.
o He doesn't like the townhomes and retail.
o His wife has received three (3) different stories from the developer as to how this will be
developed. First she was told the townhomes would sell for $800,000. Then she was told
$500,000— too much inconsistency
Holly Fabiny (spoke against)
1231 Covina Ct.
o She agreed with everyone who spoke against the requests.
o She has concerns how these developments will effect the schools. She stated she wants
to keep our great schools.
Brad Linscott (spoke against)
1217 Irvine
o He just bought his house one (1) year ago. He researched the zoning before he bought.
The proposal is a 1/3 of the square footage from what you find in his neighborhood.
o Doesn't like the retail.
Craig Vickery (spoke against)
1306 Cassandra
c, He purchased his home in May He researched zoning and was told that Allen usually
stays true to their zoning.
o Why are there no hike and bike trails like other developments?
o Does not like the townhomes
Chairman Wendland read into record those individuals who had filled out a blue speaker card but
did not want to speak, or had provided a written statement prior to the meeting.
PLANNING & ZONING COMMISSION PAGE 6
August 15, 2006
Robert Kowalski (opposed)
407 Irvine
Edgar Halphen (opposed)
512 Irvine
Richard and Joan Steudtner (opposed)
1237 Irvine
Michael Baldwin (opposed)
1220 Irvine
Paula Davis (opposed)
1234 Irvine
Chairman Wendland closed the Public Hearing
Amy Monier readdressed the Commission to respond to comments.
o They have followed the approved Master Plan. The Comprehensive Plan has always
shown medium density and the retail.
o School district has reviewed their request and had no concerns. The school had planned
for the maximum density
o Bethany Road was originally going to come in behind some of these homes — now it will
be a greenbelt.
o We are working with the Parks Department. There will be trails, and will be done with
the plat.
o There is a tree ordinance that requires at 15 -ft. setback from all tree lines. The tree line
must be protected and will.
o Adding new development is something the City has planned for.
o We have applied for and received a permit for the cisterna (windmill).
Commissioner Shaffer's comments and concerns:
c, Height of the retail/townhomes? Ms. Monier stated that the maximum height will be 35
feet, which is the same height of a 2 -story home.
o Height of cisterna and windmill? Ms. Monier stated 95 feet of which 30 feet is below
grade, so the effective height is 65 feet.
o Will there be shared alleys? Ms. Monier stated there will not be shared alleys — these
homes will be front entry. There is no alley adjacent to Watters Crossing because of
the tree line.
o Asked what happen if the homebuyer purchased four (4) slices and only built on three (3)
— what would happen? Mr. Hoover responded that they would just have a bigger yard
o He commented that the proposals offered a nice variety in housing units.
David Hoover addressed the Commission. This project is medium density R5 zoning would
allow a 1,600 sq. foot home. These numbers proposed as minimum sizes are minimums and are
PLANNING & ZONING COMMISSION PAGE 7
August 15, 2006
larger than any of our existing zoning categories. The PD is unique and produces a different
product. When considering density, you have to look at total land to total number of lots —
consider the open space. The density being proposed is actually the lowest on the west side of
Allen. The school district has planned all along for more units. The quality and location of this
project is what people will buy
Commissioner Grimes' comments and concerns:
o Like the Hamilton Hills East proposal, but concerned with the lot size of Hamilton Hills
West. He asked about the lot sizes in Suncreek. Mr. Hoover responded that they are
approximately 60x 110.
o No problem with the retail in Connemara Crossing, however does not like the townhome
proposal.
o Likes the proposal for Bethany Mews
Commissioner Rushing's comments and concerns:
o Doesn't like the townhome proposal in Connemara Crossing or lots in Hamilton Hills
West.
Commissioner Jones' comments and concerns:
o Doesn't like the townhome proposal in Connemara Crossing.
o In permitted Uses in Connemara Crossing, why didn't Beer and Wine Package Sales get
removed? She recommended it be removed. Beer and wine sales are taking over
convenience stores. The advertisement that is placed on the buildings cheapens the area.
o She stated she wasn't concerned that Hamilton Hills West had smaller lots in comparison
to Sancreek, because of the tree line buffer.
Commissioner Cocking's comments and concerns:
o
Have some concern with the lot size in Hamilton Hills, but like the large open space.
o
He asked about the setback from building to houses on Watters Crossing — the standard is
25 feet. Mr. Hoover explained it would be different for front entry than it would be for
rear entry. They have to provide room for driveway — cars must be able to park in
driveway without crossing over into the sidewalk or alley..
o
He asked for clarification on the 25 -ft. setback for townhomes, but the 50-11. setback for
mixed use retail. Which setback would be used for the retail/townhome mix? Mr.
Hoover responded it would be 25 ft.
o
He asked why Staff wanted the Convenience Store Use pulled from allowable uses. Mr.
Hoover responded that Staff wanted to limit to no more than 10,000 sq. feet, and
require an SUP if a fueling station is requested.
o
Concerned with townhomes — realizes that they were on the Comprehensive Plan.
o
He stated that the Development Standards for Bethany Mews needed to be reviewed. It
appears the east and north regulations have been reversed.
o
Liked the Bethany Mews proposal.
o
He asked if homebuyer purchased two (2) slices of property, do they have to build a
4,000 sq. ft. home. Mr. Hoover stated that the minimum would be 2,000 sq. ft.
regardless of the number of slices they purchase.
PLANNING & ZONING COMMISSION PAGE 8
August 15, 2006
Commissioner Dreggors' comments and concerns:
o Concerned over the expansion of Tatum and how it will affect the existing tree line. Mr.
Hoover responded that 12 ft. has Lobe added from somewhere to make Tatum conform
to the thoroughfare plan.. These issues will be resolved at platting.
Chairman Wendland did remind the Commission that the request was for zoning, and they the
plat issues should not be discussed at this time. He stated that the density for Hamilton Hills
West and East we acceptable, and they are an appropriate buffer to Watters Crossing. Chairman
Wendland stated that the proposal for Connemara Crossing was consistent with the
Comprehensive Plan, and had no objection to the townhomes. He agreed with Commissioner
Jones on removing the Beer and Wine use. Mr. Hoover asked the Commission to consider
requiring an SUP instead of removing the use entirely
Mr. Hoover stated the goal was to put more land outside the lots providing more open space for
the public similar to what had been done in previous phases and that the million dollar homes
being constructed south of Bethany were on the same size lots as those being requested in
Hamilton Hills.
Motion: Upon a motion by Commissioner Cocking and a second by Commissioner
Shaffer, the Commission voted 5 IN FAVOR and 2 OPPOSED, with
Commissioners Grimes and Rushing casting the opposing votes, to
recommend approval of Agenda Item 4 with the additional staff comments to
revise the language for the setback to the garage to be 22.5 feet in both the
development standards and on the Concept Plan, revise Section C of the
Development Standards to read: "C. Thoroughfare: All internal rights-of-
way shall be a minimum of 45 feet with a 10 foot pedestrian access/utility
easement located adjacent to each street. The minimum right-of-way required
for Tatum Drive is 60 feet with a flare to 70 feet at the intersection with Alma
Drive, and add the following note to the Concept Plan: "Single family lots
shall not have direct driveway access to Bethany Drive or Alma Drive." The
motion carried.
Motion: Upon a motion by Commissioner Grimes and a second by Commissioner
Rushing, the Commission voted 3 IN FAVOR and 4 OPPOSED, with
Commissioners Shaffer, Cocking, Dreggors, and Wendland casting the
opposing votes, to deny Agenda Item 5. The motion failed.
Motion: Upon a motion by Commissioner Shaffer and a second by Commissioner
Cocking, the Commission voted 4 IN FAVOR and 3 OPPOSED, with
Commissioners Grimes, Jones, and Rushing casting the opposing votes, to
recommend approval of Agenda Item 5 with the additional staff comments to
revise the language for the setback to the garage to be 22.5 feet in both the
development standards (two locations) and the concept plan, revise Section E
of the development standards to read: "E. Thoroughfare: All internal rights-
of-way shall be a minimum of 45 feet with a 10 -foot pedestrian access/utility
PLANNING & ZONING COMMISSION PAGE 9
August 15, 2006
easement located adjacent to each street', and add the following note the
concept plan: "Single family lots shall not have direct driveway access to
Bethany Drive or Alma Drive", modify the Beer and Wine Sales allowable use
to be allowed only by SUP, and restrict the building height for the
townhomes in the mined -use retail triangle at Bethany and Alma Drives, to
35 feet. The Motion carried.
Motion: Upon a motion by Commissioner Cocking and a second by Commissioner
Shaffer, the Commission voted 7 IN FAVOR and 0 OPPOSED, to
recommend approval of Agenda Item 6 with the additional staff comments to
revise the language for the setback to the garage to be 22.5 feet in both the
development standards (four locations) and the concept plan, and add the
following note the concept plan: "Single family lots shall not have direct
driveway access to Bethany Drive or Alma Drive"; revise the special
development standards for the Pecan Grove Homes: (a) recommend wider
street section 31 feet or require guest parking, (b) assume two parking spaces
outside of garage is required. If not, recommend parking per the Allen Land
Development Code, and (c) recommend sidewalk requirements meet the
requirement of the Allen Land Development Code; revise Section G of the
development standards to read: "All internal rights-of-way shall be a
minimum of 45 feet with a 10 foot pedestrian access/utility easement located
adjacent to each street,- the current concept plan and private street as
proposed does not have a place for traffic to turn around that is denied entry
to the private street; additionally, the current list of alternative street paving
materials have no historical perspective in Allen to gauge their effectiveness
and should be left off the development standards; and add the following note
to the concept plan, "Single family lots shall not have direct driveway access to
Bethany Drive or Alma Drive". The Motion carried.
Agenda Item 7 Public Hearing — Conduct a Public Hearing and consider a request to
amend PD Planned Development No. 55, Tract 2, by reducing the front
yard setback along Watters Road from 100 to 25 feet, for The Woods at
Watters. The property is 15.22+ acres situated in the Michael See Survey,
Abstract No. 543, City of Allen, Collin County, Texas; located at the
northwest comer of Bethany Drive and Watters Road.
Mr. Hoover presented the request to the Commission. The PD development regulations require a
100 ft. front yard setback off of Watters Road. This requirement, along with the number of trees
on the property, has created a challenge that has made this property difficult to develop. The rear
of the property will remain as a permanent open space. The proposed project consists often (10)
lots with small garden office style products. Each building will provide parking which will
eliminate one large parking lot constructed along Watters. To the east of this project, a Class A
Office Building will construct parking structures within 25 feet of Watters. Approval of the
request to reduce the setback for this Applicant will still provide compatibility to adjacent
development
PLANNING & ZONING COMMISSION PAGE 10
August 15, 2006
Commissioner Dreggors asked if the Developer could replace the hackberry trees with a better
product.
® Bruce Heller addressed the Commission. He stated that the tree line is so dense, that the
equipment that is used to transplant these large trees is too big to get onto the property Mr.
Heller stated that there are over 1,500 trees on the property Development will be controlled by
the Applicant through covenants — this will help protect the trees as well. Mr. Heller stated that
tree mitigation will be done on site and irrigation for these trees will be done with the captured
water. Mr. Heller has met with the Watters Crossing HOA, and they do support the request.
Chairman Wendland opened the Public Hearing.
Pete Much (spoke in favor)
1201 Sonoma Drive
o Liked the new layout
Jack Wills (spoke -just had a question)
109 Sierra Ct.
Is the request for high density office or Garden Office?
Joy Thornhill (did not speak — in favor)
112 San Mateo Ct.
o Looks like it will be more in keeping with the area.
Greg Dawson (did not speak — received comments before the meeting in favor of request)
1000 Westwood Ct.
o By moving the front setback line forward, more trees will be saved and there will be less
encroachment toward the Watters Crossing side of the creek.
Chairman Wendland closed the public hearing.
Commissioner Shaffer asked if this development will be providing access to trail. Mr. Hoover
stated that the development is not required to build any public parking. There is public access
from Bethany, and there is a trailhead at the apartments off McDermott
Commissioner Grimes stated he would like to see a product that was not a residential style look.
Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner
Rushing, the Commission voted 7 IN FAVOR and 0 OPPOSED, to
recommend approval of Agenda Item 7. The Motion carried.
Agenda Item 8 Preliminary Plat — Consider a Preliminary Plat for Kids R Kids
Addition, Lots 1 & 2, Block A; being 6.062 acres of land located at
the northeast comer of Bethany Drive and Jupiter Road.
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August 15, 2006
PAGE 11
Mr. Hoover presented the request to the Commission. He stated that the plat was consistent with
the approved General Development Plan and meets all requirements.
Commissioner Grimes asked if they will be responsible for constructing a masonry wall at the
north and east property lines. Mr. Hoover responded that yes they would
Commissioner Jones asked if they will be constructing the second driveway with the second
phase. Mr. Hoover said yes they would.
The Commissioners had no additional questions, and felt that the plat met all requirements
provided in the Allen Land Development Code.
Motion: Upon a motion by Commissioner Grimes and a second by Commissioner
Rushing, the Commission voted 7 IN FAVOR and 0 OPPOSED, to approve
Agenda Item S. The Motion carried.
Upcoming Agenda Items:
None were discussed.
Adjournment
Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner
Rushing the Commission voted 7 IN FAVOR and 0 OPPOSED to adjourn
the Planning and Zoning Commission meeting at 9:40 p.m.
this :�- day of 2006.
nan Kellie Wilson, Planning Technician