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Min - Planning and Zoning Commission - 1997 - 09/25 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING September 25, 1997 ATTENDANCE Commission Members Present Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary Jeff McGregor Mark Pacheco Susan Bartlemay (arrived 9:20 p in ) Paul Penny Commission Members Absent None City Staff Present: Marcie Diamond, Senior Planner Bill Petty, Director Community Development Pam Conway, Secretary George Conner, Director of Public Works CALL TO ORDER AND ANNOUNCE A QUORUM. With a quorum of the Commission members present, the Allen Planning & Zoning Commission was called to order at 7 30 p.m. by Chairman Jeffery Kelley, at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. PLANNING & ZONING COMMISSION SEPTEMBER 25, 1997 PAGE 2 Consent Agenda (Agenda Item II) Chairman Kelley read the consent agenda into the record as follows: "Consent Agenda A. Approve Minutes of September 11, 1997, Regular Meeting. Final Plat - Consider a Final Plat of Morningside Addition, Phase I, for Cin Apartments, Ltd., being 34.32 acres out of the Peter Fisher Survey, Abstract No. 324 City of Allen, Collin County, Texas; further described as being located at the northwest corner of Malone Road and F.M. 2170. Replat - Consider a replat for the Toney -McDermott Addition for J David Toney, D.D.S., Inc., being 0.406 acres of land in the Old Donation Addition located in the William Perrin Survey, Abstract 708, City of Allen, Collin County, Texas; further described as being located at the southeast corner of McDermott Drive and Ash. Chairman Kelley requested that Item II.B be removed from the Consent Agenda MOTION: Upon a motion by Chairman Kelley and a second by Commission Member Smith, the Board voted to 6 FOR and 0 OPPOSED to approve items H. A and C of the Consent Agenda. Consent Agenda Item B. Morningside Addition, Phase I Ms. Marcie Diamond advised that the Final Plat is in accordance with the approved Preliminary Plat and the engineering has been approved. Chairman Jeffery Kelley expressed concern he has received from some residents regarding school children and the safety of the proposed streets. Ms. Diamond stated that the streets and access to the school were recommendations from the school disrict The streets were designed to direct the traffic away from the school with safety in mind Commission Member Pamela Smith proposed alternatives for the street, and perhaps a paved walkway Mr. Bill Petty discussed the zoning history of this case. He restated that the School District's criteria was to not locate a school on any major street. Convenience of traffic Bow is not the intention, the streets were designed to prevent high levels of traffic around the school. From a traffic standpoint, this was the best traffic flow situation that could be designed for this subdivision Negotiations were never considered for a walkway between houses. Mr Petty reminded the Commission that we have an approved Preliminary Plat MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Pacheco, the Commission voted 6 FOR and 0 OPPOSED to approve the request by Morningside Addition Phase 1, as presented. PLANNING & ZONING COMMISSION a SEPTEMBER 25, 1997 PAGE 3 Public Hearing Helistop for EDS LAgeoda Item III) Record will show Commission Member Mark Pacheco submitted a conflict of interest form and removed himself from the room at this time. Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request from Kreg-SW, L.P., Owner, to rezone from Light Industrial (L -I) to Light Industrial (L -II with a Specific Use Permit (SUP) for a Helistop with Site Plan approval. The property is described as being 13.649 acres (mown as Enterprises No 2 Addition to the City of Allen, Collin County, Texas: further described as being located at 105 West Bethany Drive." Ms. Diamond reviewed the definition of Helistop and advised that a Helistop was planned by EDS from the project inception. She distributed a letter from EDS addressing the concerns raised by Mr Marc Meyers, Meyers & Crow Chairman Kelley opened the public hearing. Eric Langford, 8411 Preston Rd #700, Dallas, Tx 75225 representing EDS presented an exhibit of the site and discussed the importance of this helistop to EDS He also reiterated that this was part of the earliest plans for EDS He encouraged the Commission to approve this helistop. He advised them of the life saved when Careflight used this helistop earlier this month Marc Meyers, Meyers & Crow, 3601 Cresent, Dallas, TX 75205, representing the office building west of the proposed Helistop. Mr Meyers presented a site plan showing the location of his project in relation to the Helistop. He discussed concerns about traffic slowing, causing safety hazards during take -off and landing of the aircraft He also mentioned the inconvenience to employees when the aircraft causes flying debris, which could chip car paint. He also expressed concern about their being no landscaping/screening or signs around the Helistop. He wondered why this particular site was chosen, and if a roof site was considered. He feels that a roof site would be more secure Mr. Meyers stated that he would like to address these issues before they become a problem. Requested perhaps a 30 day delav for approval, to allow for all his questions/concerns to be answered. Mike Perkins, 140 Buckingham, Allen, TX 75002 stated he was not for or against, just wanted to ask a question He wonders why EDS needs a Helistop, and is that something that is in the best interest of the City of Allen. With no one further wishing to speak for or against the request, Chairman Kelley closed the public hearing. Commission Member McGregor questioned how many flights per day would be generated Mr Langford responded 6 or 7 flights per month, and only during business hours He questioned the safety of an open PLANNING & ZONING COMMISSION SEPTEMBER 25, 1997 PAGE 4 slab Mr. Jim Consenbach, 5400 Legacy Drive, Plano, a EDS representative responded that yes, there is security Personnel on the ground cleans up the grass prior to landings, removes any debris, and is always present during use. Dust may be stirred up some until the construction in the area is complete, after that he expects no problem. Commission Member Obermeyer questioned if it was FAA regulated Mr Consenbach responded that they do not regulate, only provide guidelines. Mr. Consenbach reiterated that flying debris is really not an issue for employees of EDS, or any other neighbor. He stated that the drop off/pick up time takes approximately 5 minutes. The aircraft is never left running or unattended. Mr. Consenbach stated that the roof was considered. The roof is not structurally sound and is not as safe If you have problems on a roof site, there is really no where to go, and as a pilot, he does not prefer it. He also advised that, in regard to possible electronic interference, none is expected. Mr. Consenbach also mentioned that in regard to traffic safety and on -lookers, there is really no way to prevent that. He feels that over time, people will become accustomed to the helicopters and will not be an issue. He also addressed the issue of a sign by stating that they can erect a sign to the City's requirements. Commission asked Mr. Marc Meyers if his concerns had been addressed Mr. Meyers responded that some of his concerns are now eliminated. He stated he would like a sign and monitoring of this over a period of time He again reminded commission that there would be some traffic risks. He asked that the helicopters not fly over the Meyers & Crow building site. Mr. Consenbach agreed, and stated that would be no problem, he was happy to work with all of EDS' neighbors however they could. Mr. Consenback reminded Mr Meyers and the Commission that the City of Allen has issued EDS a Temporary Use Permit (TUP) and this Helistop has actually been in use since June 6, 1997, and to date, no traffic problems have been noted. Mr. Perkins doesn't believe this Helistop will benefit the City of Allen in any way Still concerned about safety He suggested that if approved, the City should review it again in a year. Flight patterns are also a concern. Ms. Diamond reminded the Commission that this ism allowed use We can issue terms and conditions only Mr Petty suggested that we are unqualified to suggest any flight paths and we should leave that up to the FAA. Mr. George Conner, Director of Public Works, was directed to look into some options for a sign to possibly alert traffic. MOTION* Upon a motion by Commission Member Smith and a second by Commission Member Obermeyer the Commission voted 6 FOR and 0 OPPOSED to approve the Helistop for EDS with the following conditions: I Work with staff on signage options to alert traffic 2. Begin approved flight path over roadways, not over construction/building sites. PLANNING & ZONING COMMISSION SEPTEMBER 25, 1997 PAGE 5 FINDINGS. I. Use is allowed in this district. 2. Proponent satisfied the concerns of the neighboring business. 3. Safety concerns were addressed 4. Personnel from EDS explained their position adequately 5. Flights are not excessive; this is a "stop" not a "port." 6. Concerns regarding electronic interference were addressed 7 The use of this Helistop is limited to daylight hours Public Hearing Greenwood Valle v (Agenda Item IV) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request from Hossain Makvandi, Owner, for Greenwood Valley Addition, to approve a site plan for a service station with a convenience store. The property is described as being 1.033 acres of land out of the Greenwood Valley Installment NI Addition, Block A, to the City of Allen, Collin County, Texas; further described as being located at the southwest corner of Main Street and Allen Heights Drive " Ms Diamond stated that the property already has an SUP for Gas Sales and they are now to consider site plan approval. She also stated that the proponent requested to have this item tabled for 30 days, to the October 23, 1997 meeting to allow for revisions to their site plan. Chairman Kelley opened the public hearing. With no one wishing to speak for or against the request, Chairman Kelley closed the public hearing. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith the Commission voted 6 FOR and 0 OPPOSED to Table the request for Greenwood Valley until the October 23, 1997 meeting I PLANNING & ZONING COMMISSION SEPTEMBER 25, 1997 PAGE 6 Public Hearing Buckingham Business Park (Agenda Item V) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request from Paul Mann, owner, for Buckingham Business Park, to re- zone from Agriculture -Open Space (A -O) and place permanent zoning of Planned Development Garden Office (PD -GO) The property is described as being 5 309 acres of land situated in the Henry Weisel Survey, Abstract No 1026, City of Allen, Collin County, Texas, also described as Tract I of Buckingham Polo Club Estates, an unrecorded subdivision in Collin County, Texas; further described as being located at the southeast corner of S H. 5 and Buckingham Lane " Ms. Diamond discussed Planned Development (PD) zoning and the proponents reasons for requesting it. They plan to follow the Garden Office (GO) regulations except for front yard, and they are requesting only a 50 foot front parcel set back (vs 100' required in (GO) and allow parking within this 50') This district allows for three (3) story buildings, but the proponent has agreed to limit the offices to a two (2) story height. A deceleration lane was recommended on S.H.5 by our Traffic Consultant. The Comprehensive Plan suggests that Residential and Garden -Office (GO) are very compatible. Chairman Kelley opened the public hearing Harold Goodman, 1330 Rocky Creek, Allen, TX 75002, representing the owner He stated that this zoning is designed to permit offices that are not dependent on retail trade. He presented exhibits of proposed designs of offices. They are striving for a residential look and low impact on the area. Mr Goodman also stated that he considers this to be a buffer from S H.5 for the residential area. Mr. Bill Dyer, 7608 Cartivalley Drive, Dallas, Texas. Mr. Dyer states that he owns Dyer Estates. He presented a small exhibit of his property in proximity to the proposed zoning area, to the Commission Members for review He states he is against the zoning change He feels it will destroy the area and cause traffic. He doesn't feel offices belong here. Mr. Doug Jewel, 25 Crocker Cr., Allen, TX 75002. Mr Jewel stated that he owns lot #23. Mr. Jewel expressed his opposition to this request. He believes that the property value will be lowered. He is also concerned about entrances and exits to the proposed offices from S.H.5 and Buckingham Lane. He is concerned about traffic safety Mr. Mike Perkins, 140 Buckingham, Allen, TX 75002. Mr Perkins expressed his opposition to this request. He is also concerned about traffic safety and doesn't believe that Buckingham could handle any additional traffic. Against the frontage being the requested 50 feet. Stated that it would be too close to S H. 5. He also expressed concern about property values. Ms Susan Ritter, 130 Buckingham, Allen, TX 75002. Ms. Ritter also spoke against the request. It was her understanding that this was to remain residential. She stated that Buckingham is a cul-de-sac She believes it will cause excessive traffic. PLANNING & ZONING COMMISSION SEPTEMBER 25, 1997 PAGE 7 Mr. Neal Mackey, 135 Buckingham, Allen, TX 75002. Mr. Mackey spoke against the request. He has concerns about the type of business that will locate to this area if the zoning is approved. He has great concern about the traffic and entrance and exit on Buckingham He expects lots of traffic and is concerned about the safety of children. He also believes the property values would be hurt. Mr. Larry Francisco, 26 Cedar Bend Circle, Lucas, TX. Mr Francisco spoke in favor of the request. He stated that Allen has no office space. Be would be interested in locating his business here He fears he may lose his current office space to the widening of S.H 5. He also feels the offices can be constructed to he compatible with the residential Mr. Dan Healer, 803 Youpon Dr., Allen, TX 75002. Mr. Healer spoke in favor of the request. He has been unsuccessful in locating suitable office space for his wife's small Telecommunication business. He feels this would be a needed addition to the City of Allen Ms. Jessica Perkins, 140 Buckingham, Allen, TX 75002. Ms. Perkins spoke in opposition to the request. Her desire is for this land to remain residential. Mr Jeff Pool, 111 East Estell, Lucas, TX 75002. Mr. Pool spoke in favor of the request He feels that office space is needed in Allen. He is a home builder and suggested Interior Decorators would be interested in locating in this area. Susan Ridder spoke again asking the Commission to consider if this is the appropriate place for office space in Allen. With no one else wishing to speak FOR or AGAINST the request, Chairman Kelley closed the public hearing. Mr Conner indicated that no medians have been designed on S H 5 as yet. He suggested that one would probably be located at Buckingham Lane. Mr. Petty stated that the S.H.5 expansion extends only to Exchange Ms Diamond reminded the Commission that the uses allow in Garden Office (GO) are very limited. Medical Clinics, Churchs, Professional Offices, etc., (no retail) She also stated that this district would be a low trip generator in regard to traffic. The proponent will be required to construct half of Buckingham Lane. The proponent has offered that second story windows would not face residential. Mr. Pacheco questioned Landscape setbacks, parking, and wondered about the number of employees in these offices. The proponent was not sure about the number of employees. Commission Member Smith was also concerned about the parking and setback. Mr. Goodman stated his intention in requesting the 50' setback was to move the office away from the residential. He can be Flexible regarding the setback and turn lanes. The Commission continued to express concerns regarding setbacks, and the condition of Buckingham Lane. Mr. Conner reiterated that if you develop adjacent to a substandard road, you have to construct your half of the road. Commission Member McGregor added that he thought parking shouldn't be an issue He likes the office as a buffer from the future thoroughfare. PLANNING & ZONING COMMISSION SEPTEMBER 25, 1997 PAGE S Commission Member Bartlemay wants 100 foot setback on S.H.5. She feels the Garden Office (GO) will make a good buffer also. She would like a better idea of what would locate there Chairman Kelley and Commission Member Smith agree that the concern is the road. Its the only access these residents have to their homes. Chairman Kelley believes the property in question would be a good place for residential, as opposed to Garden Office (GO). Ms Diamond explained that the traffic study indicated a LOS of "A" for this intersection which is superior to a LOS of "C which is the City-wide goal. Mr Dyer was allowed to address the Commission. He believes this was never intended to be commercial. He discussed the cul-de-sac He feels improvement of half of the roadway (Buckingham) would be unimpressive He would like us to have more information. Mr. Jewel asked about the Public Hearing Notices He feels that some of the property owners are recent owners and may not have been notified. He wants that property to be residential. Ms Diamond responded that all property owners within 200 feet were notified by mail 10 days in advance of the scheduled Public Hearing. MOTION. Commission Member Smith moved to deny the request - Motion Fails due to lack of second Ms. Diamond reminded the Commission that traffic is not a concern according to a planning standpoint. Mr. Conner shared some history regarding Buckingham Lane. Commission Member Obermeyer suggested the item be tabled to allow more time to consider this request. MOTION Upon a motion by Commission Member Obermeyer and a second by Commission Member Penny, the Commission voted five (5) FOR and two (2) OPPOSED, with Commission Member Smith and McGregor opposed, to Table the zoning request for Buckingham Business Park until the October 9, 1997 meeting. Ms. Diamond reviewed the tentative agenda for October 9, 1997 and indicated she would be out of town and would not be at that meeting. E A I �I PLANNING & ZONING COMMISSION SEPTEMBER 25. 1997 ADJOURN: PAGE 9 MOTION Upon a motion by Commission Member Smith and a second by Commission Member Obermeyer, the Commission voted 7 FOR and 0 OPPOSED to adjourn the September 25, 1997, meeting at 10:23 p.m. / These minutes approved this 1�j ay of �� � , 1997 1 Jeff Kel ey, hatrman I✓'r /l / y ''ate Pamela Smith, Secretary