Min - Planning and Zoning Commission - 2011 - 09/06 - RegularI ;_
CITY OF ALLEN
ATTENDANCE:
Commissioners Present:
Robert Wendland, Chairman
Jeff Cocking, 1" Vice Chairman
Douglas Dreggors, 2"° Vice Chairman
Kurt Kizer
Steven Platt, Jr
Ben Trahan
Commissioners Absent:
Shirley Mangrum
PLANNING AND ZONING
COMMISSION
City Staff Present:
Ogden "Bo Bass, AICP, Director of Planning and Development
Chris Flanigan, PE, Assistant Director of Engineering
Kevin Laughlin, Attorney
Helen -Eve Liebman, AICP, Senior Planner
Tiffany McLeod, Planner
Regular Meeting
September 6, 2011
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
1. Director's Report is attached for action taken on the Planning & Zoning Commission Mems by
City Council at the August 23, 2011 regular meeting
Consent Agenda
2 Approve minutes of the August 16, 2011 regular meeting
3 Consider a request for a Final Plat for Fall Creek Phase 1, being 23.621± acres located south of
Ridgeview Drive and west of Willingham Drive. (FP -8/23/11-158) [Fall Creek]
I
Motion: Upon a motion by 2"" Vice Chairman Dreggors, and a second by
Commissioner Trahan, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to
approve the Consent Agenda.
The motion carried.
Reeular Aeende
Agenda Item #4: Tabled Item/Public Hearing — Conduct a Public Hearing and consider a request to
amend the elevations and exterior building material regulations The property is
Lots 125-130, Block A, Villas at Twin Creeks Phase I, located north of
McDermott Drive and west of Benton Drive. (Z-7/14/11-139) [Villas at Twin
Creeks Phase I]
Tiffany McLeod presented to the Commission. The property is located north of McDermott Drive and
west of Benton Drive. The original builder for this development is Meritage Homes. The elevations the
builder used are copyrighted Ryland Homes has acquired some of the remaining undeveloped parcels in
this development; Lots 125-130, Block A which are identified in the lot location map that is included with
this communication. Due to the prior elevations being copyrighted Ryland Homes now has to provide
their own architectural details in order to prevent infringement on the original builder's design.
The purpose of this PD amendment is to incorporate these revised elevations into the PD for the lots now
owned by Ryland Homes This item was tabled at the August 16, 2011 meeting in order for the applicant
to meet with the homeowners within this subdivision and discuss concerns regarding the proposed
changes to the elevations and building materials. This meeting occurred on August 30, 2011 A
summary of the meeting is included in this packet As a result of the meeting the applicant has agreed to
the following.
o The brick and paint colors will match the materials found on the existing townhomes.
o Stone will not be used. Brick will be used where stone was previously shown
o Insulated steel garage doors with simulated wood grain will be used instead of wood garage
doors.
o The garage doors will not have windows or if paned garage doors are utilized, a semi-
transparent panel must be provided.
o New fencing will be the same height, design and color of stain as existing fencing
The proposed elevations show brick veneer on the lower portion of the budding and stucco on the upper
portion of the building. The garage doors are proposed to be insulated steel with simulated wood grain.
These modifications would only apply to the lots owned by the applicant The remaining PD regulations
and building standards would refer back to the original PD
Staff has reviewed a number of design iterations and believes the elevations proposed meet the spirit and
intent of the elevations in the original PD The Twin Creeks Architectural Review Committee has also
reviewed the proposed elevations and supports the changes
The elevations and exterior building materials have been reviewed by the Technical Review Committee
and meet the standards of the Allen Land Development Cade
Staff recommends approval
Chairman Wendland opened the Public Hearing.
Sarah Tompkins, 1124 Sophia Street, is concerned about the inconsistent design with the rest of the
development and the negative impacts on housing prices of existing units.
George Tompkins, 1124 Sophia Street, is concerned with the builder stating they will not be building the
mwnhomes. Mr. Tompkins recommended that the zoning change be denied until a building company is
prepared to construct a structure comparable to the existing homes or have Ryland Homes look into
purchasing the rights to build using the existing elevations.
Randy Funk, 1184 Sophia Street, is concerned with the proposal for the garage doors.
With no one else wishing to speak, Chairman Wendland closed the Public Hearing.
The following people submitted a written statement in favor of this item:
(In response to the September 6, 2011 meeting notice)
Amy Guthrie, 1207 Greenway Drive, Allen, Texas
�j James and Kathleen Copus, 1423 Lomond Court, Allen, Texas
® The following people submitted a written statement in opposition to this item
(In response to the September 6, 2011 meeting notice)
D. Kozak, 1188 Landon Lane, Allen, Texas
Dina Catona, 1201 Greenway Drive, Allen, Texas
Kelli Christie, 1125 Landon Lane, Allen, Texas
George Tompkins, 1124 Sophia Street, Allen, Texas
Sarah Tompkins, 1124 Sophia Street, Allen, Texas
Kristi Haspen, 1136 Landon Lane, Allen, Texas
Myra Kirkwood, 1165 Landon Lane, Allen, Texas
Charles Funk, 1184 Sophia Street, Allen, Texas
Ezia Ibrahim, 1133 Sophia Street, Allen, Texas
(In response to the August 16, 2011 meeting notice)
Vince and Luanne Runco, #6 Ramforest Circle, Allen, Texas
Mai Lmh Bui, 1131 Sophia Street, Allen, Texas
Jamie J Benton, 1119 Sophia Street, Allen, Texas
Mary Bentz, 1139 Sophia Street, Allen, Texas
George Tompkins, 1124 Sophia Street, Allen, Texas
Sarah Tompkins, 1124 Sophia Street, Allen, Texas
Marlene Davis, 1123 Landon Lane, Allen, Texas
Roc P Jib, 1176 Sophia Street, Allen. Texas
Jill Korbelic, 310 Phoebe Drive, Allen, Texas
1 D. Kozak, 1188 Landon Lane, Allen, Texas
Sandra Patterson, 1169 Landon Lane, Allen, Texas
Matthew Alexander, Dowdey Anderson and Associates, 5255 Village Creek Drive, applicant
representative, addressed the Commission. He stated the concerns from the residents have been
addressed. Ryland Homes would like to package this property in a way that, when sold to another
builder, the rights to build are already in place. If the garage doors are an issue the applicant is fine with
moving forward with a solid garage door without w indow panes
Chairman Wendland asked if a tower element was considered in the design of the elevations. Mr.
Alexander stated in general they have tried to build a Ryland product.
Jay Smith, 340 Hidden Lake Drive, Prosper, TX, applicant, spoke to the Commission. He stated he had
not heard about the concern of the tower feature from residents and therefore did not consider it in the
design process. Mr Smith confirmed that they are willing to move forward with solid garage doors.
Commissioner Kizer asked for more information on the limits regarding copyrighting laws.
Kevin Laughlin, City Attorney, stated any design that mimics a copyrighted architectural style too closely
can be considered an infringement of the copyrighted design.
Chairman Wendland further explained that the Commission's duty is to consider whether an amendment
to an approved concept plan fits the spirit and intent of the original concept plan.
Motion: Upon a motion by 1'i Vice Chairman Cocking, and a second by Commissioner Platt,
the Commission voted 6 IN FAVOR, and O OPPOSED, to recommend approval of
the request to amend the elevations and exterior building material regulations for
Lots 125-130, Block A in The Villas at Twin Creeks Phase I with the following
stipulation:
• The agreements made between the applicant and residents at the August 30,
2011 homeowners meeting will be included in the ordinance with the
modification that the garage doors will not have windows.
The motion carried.
Agenda Item #5: Tabled Item/Public Hearing — Conduct a Public Hearing and consider a request to
amend the Concept Plan, elevations and exterior building material regulations.
The property is Lots 1-22, Block C, Lots 15-21, Block D, Lots 7-18, Block E,
Villas at Twin Creeks, Phase 11; located at the northwest corner of Watters Road
and Plainview Drive (Z-7/14/11-140) [Villas at Twin Creeks Phase 11]
1 Tiffany McLeod presented the Commission This request is very similar to the request for The Villas at
Twin Creeks Phase I. The only difference is the designated lots for this amendment The proposed
development regulations, elevations and building materials will apply to Lots 1-22, Block C, Lots 15-21,
Block D, Lots 7-18, Block E of The Villas at Twin Creeks Phase 11.
Staff recommends approval.
Chairman Wendland opened the Public Hearing
Randy Funk, 1184 Sophia Street, requested that the amendments made to the previous phase be applied to
The Villas at Twin Creeks Phase 11.
Jonathan Kusel, 1019 Lucy Lane, requested that the garage doors not have windows.
With no one else wishing to speak, Chairman Wendland closed the Public Hearing,
Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Trahan, the
Commission voted 6 IN FAVOR, and O OPPOSED, to recommend approval of the
request to amend the Concept Plan, elevations and exterior building material
regulations for Lots 1-22, Block C, Lots 15-21, Block D, Lots 7-18, Block E in The
Villas at Twin Creeks Phase II with the following stipulation:
• The agreements made between the applicant and residents at the August 30,
2011 homeowners meeting will be included in the ordinance with the
modification that the garage doors will not have windows.
The motion carried.
Agenda Item #6: Public Hearing — Conduct a Public Hearing and consider a request to amend the
Concept Plan, elevations and exterior building material regulations. The property
is 0 3651 acres situated in the Katherine Parsons Survey, Abstract No 711,
located west of Watters Road and east of Noah Drive. (Z-8/22-11-157) [Villas at
Twin Creeks Phase 111]
Tiffany McLeod presented the Commission. This request is very similar to the requests for The Villas at
Twin Creeks Phase I and Phase 11. The only difference is the designated lots for this amendment. The
proposed development regulations, elevations and building materials will apply to 0 3651 acres in The
Villas at Twin Creeks Phase III.
Staff recommends approval.
I" Vice Chairman Cocking asked if there is a way to designate the 0 365 acres being amended. Ms.
McLeod stated an exhibit will be incorporated into the ordinance that shows the location and specifies the
0.365 acre portion. Ogden "Be" Bass, Director of Planning and Development, added that staff has the
metes and bounds for this portion of property
IChairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing
Motion: Upon a motion by Commissioner Kizer, and a second by 2"" Vice Chairman
Dreggors, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to recommend
approval of the request to amend the Concept Plan, elevations and exterior building
material regulations for 0.365± acres in The Villas at Twin Creeks Phase III with
the following stipulation:
• The agreements made between the applicant and residents at the August 30,
2011 homeowners meeting will be included in the ordinance with the
modification that the garage doors will not have windows.
The motion carried.
Agenda Item #7: Preliminary Plat — Consider a request for a Preliminary Plat for Villas at Twin
Creeks Phase 111. The property is 16.23± acres located east of Benton Drive,
south of Bray Central Drive and west of Watters Road. (PP -7/13/11-132) [Villas
at Twin Creeks Phase 111]
Tiffany McLeod presented to the Commission. The property is located south of Bray Central Drive and
west of Watters Road The original zoning for this property was Planned Development PD No 54 for
Townhome TH. The zoning was amended in December, 2010 to allow the development of single family
residential lots for the third phase of development The subject Preliminary Plat is for The Villas at Twin
Creeks Phase 111 and shows a total of 61 lots. There are 20 front entry and 36 rear entry lots. Five lots
(located at the southeast corner of the site) are remaining townhome lots that were not platted with The
Villas at Twin Creeks, Phase Il. Approximately 4.8 acres of open space is provided. There are three
access points shown; from Bray Central Drive, Phoebe Drive and Noah Drive. The plat also shows
various wall maintenance, trail, firelane, utility and landscape easements required for the development of
this phase.
The Preliminary Plat is consistent with the Concept Plan, has been reviewed by the Technical Review
Committee and meets the requirements of the Allen Land Development Code
Staff recommends approval
Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Trahan, the
Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the Preliminary Plat
for The Villas at Twin Creeks Phase III.
The motion carried.
Agenda Item #8: Public Hearing — Conduct a Public Hearing and consider a request to amend the
Concept Plan and Planned Development PD regulations. The properR is
14.466± acres situated in the Mary Standifer Survey, Abstract No 812, located
west of Twin Creeks Drive and north of Exchange Parkway (Z-7/13/11-138)
[Cumberland Crossing IV]
Helen -Eve Liebman presented to the Commission The property is located west of Twin Creeks Drive
and north of Exchange Parkway The property is zoned Planned Development PD No. 98 for Residential
R-4. The applicant is requesting to amend the Concept Plan and provide an additional Planned
Development PD Regulation for the property The original Planned Development PD Regulations
identifying the base zoning district (R-4), lot area, lot width, lot coverage, etc. are not being amended
The proposed street pattern offers an improved solution to address the topography and drainage for the
site. The Concept Plan illustrates an area of open space along the western property boundary to preserve
a tree line. The additional Planned Development PD Regulation is a sidewalk will not be required along
the west side of Prism Drive in order to take full advantage of the existing tree line
The application does not change the original zoning provisions and the Concept Plan is an improvement
with the progression of engineering design. The proposed amendment has been reviewed by the
Technical Review Committee
Staff recommends approval.
Chairman Wendland opened the Public Hearing,
Ryan Wiersema, 1507 Riverdale, is concerned with the trail system and sidewalk.
With no one else wishing to speak Chairman Wendland closed the Public Hearing.
Ms. Liebman stated there will not be a sidewalk on the western side of Prism Drive There will be
connectivity to the greater trail system through the use of pedestrian sidewalks.
I" Vice Chairman Cocking asked if the sidewalk along Prism Drive will connect to the road. Ms.
Liebman answered yes.
2"d Vice Chairman Dreggors questioned how the lot layout would impact the existing trees. Ms. Liebman
stated the trees located in the middle of the property will have to be mitigated. These plans will be
worked out during the Preliminary Plat stage.
Kevin Laughlin, City Attorney, recommended the motion include the stipulation that a sidewalk will not
be permitted along Prism Drive.
Motion: Upon a motion by 20° Vice Chairman Dreggors, and a second by Commissioner
Platt, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to recommend
approval of the request to amend the Concept Plan and Planned Development PD
regulations for Cumberland Crossing Phase IV with the following stipulation:
® A sidewalk will not be permitted along the west side of Prism Drive.
The motion carried.
Agenda Item #9: Public Hearing/Replat — Conduct a Public I hating and consider a request for a
Replat for Lots 1R & 2R, Block A, Watters Creek at Montgomery Farm, Phase
1, being a Replat of Lot I, Block A. The property is 33 833f acres located at the
southwest corner of US75 and BethanyDrive. (R-8/8/11-151) [Walters Creek at
Montgomery Farm]
Helen -Eve Liebman presented to the Commission. The property is located at the southwest corner of
US75 and Bethany Drive. The applicant's request is to subdivide the bank parcel into a separate lot and
ownership. The lot configuration for the proposed lots will ensure the landscaping along Bethany Drive
and Garden Park Drive will be maintained by the Watters Creek at Montgomery Farm property
owner/developer.
The Final Plat has been reviewed by the Technical Review Committee and meets the requirements of the
Allen Land Development Code.
Staff recommends approval.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
1" Vice Chairman Cocking inquired about signage and how it will be regulated Ms. Liebman stated the
signage will have to comply with the amended Planned Development and the existing sign ordinance.
Motion: Upon a motion by Commissioner Kizer, and a second by Commissioner Trahan, the
Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the request for a
Replat for Lots 1R & 2R, Block A, Watters Creek at Montgomery Farm, Phase 1.
The motion carried.
Adjournment
Motion: Upon a motion by 2"d Vice Chairman Dreggors, and a second by acclamation the
meeting adjourned at 8:25 p.m.
,1 this CLr of day201 I
J CJ�_
Chairman Tiffany McLeod, Planner
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Director's Report from 8/23/11 City Council Meeting
There were no items taken to the August 23, 2011 City Council meeting for consideration
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