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Min - Planning and Zoning Commission - 1998 - 05/14 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING May 14, 1998 ATTENDANCE Commission Members Present Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary Paul Penny Jeff McGregor Steven Haynes Commission Members Absent: Jeffery Kelley, Chairman Mark Pacheco City Staff Present: Marcie Diamond, Senior Planner Dan Tracy, Civil Engineer Sally Leeper, Program Coordinator Ron Gentry, Fire Chief Craig Gillis, Fire Marshal Don Horton, Director of Parks and Recreation WORKSHOP MEETING The workshop meeting was not held due to lack of a quorum REGULAR MEETING 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 Acting Chairman Ross Obermeyer, at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. Acting Chairman Obenneyer welcomed Steven Haynes to the Commission. PLANNING & ZONING COMMISSION ! ! MAY 14, 1998 PAGE 2 Consent Agenda (Agenda Item III) Acting Chairman Obenneyer read the consent agenda into the record as follows. "Consent Agenda A. Approve Minutes of April 9, 1998, Joint Meeting with Cable Advisory Committee. B. Approve Minutes of April 23, 1998, Regular Meeting. C. Final Plat - Consider Final Plat approval for Bon Terre -B, Ltd for Suncreek IIB, Tract 8, being 52 76 acres out of the Joseph H. Wilcox Survey, Abstract No. 1018, and the G. W Ford Survey, Abstract No. 326, City of Allen, Collin County, Texas; further described as being located north of Hedgcoxe Road and west of Alma Drive. D. Final Plat - Consider a Replat of Lot I of the Greenway -Allen Retail Addition into Lots IA, Lot 1B, and Lot 7, being 3.894 acres situated in the William Perrin Survey, Abstract No 708, City of Allen, Collin County, Texas; further described as being located within the Greenway -Allen Retail Addition at the southeast corner of Central Expressway and McDermott Drive, MOTION: Upon a motion by Commission Member Smith and a second by Commission Member McGregor, the Commission voted 5 FOR and 0 OPPOSED to approve the consent agenda. Tabled Item Second Century Investments (Agenda Item BI) Acting Chairman Obermeyer read the agenda item into the record as follows "Tabled Item - Consider a request by Madstone Partners for Second Century Investments, to rezone 10 02t acres from Light Industrial -Conditional (LI -C) to Planned Development -Corridor Commercial (PD -CC), being a part of the William Perrin Survey, Abstract No. 708 and being part of a tract of land described as conveyed by Kendall Land Corporation to Maidstone Partners, Ltd. by deed dated August 17, 1992, City of Allen, Collin County, Texas; further described as being located at the northeast corner of Bethany Drive and U.S. 75." MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Smith, the Commission voted 5 FOR and 0 OPPOSED to remove Agenda Item III from the table. Ms. Diamond reviewed the request. The public hearing was held on April 9, 1998. Staff expresed concerns regarding the newly presented planned development conditions, as they have not had the opportunity to review them completely Ms. Diamond mentioned certain areas such as 80 -foot setbacks along Bethany and U S. 75, with 50 feet on Tract 1 for the service station; text which appears to be vague has been included regarding the relationship with the buildings in the area, text regarding glare and illumination; landscaping requirements, screening requirements. She questioned whether the proposed standards were equal to or more restrictive than the City's Zoning Ordinance requirements PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 3 Mr. David Pitstick stated that a meeting had been held with the big business group about two weeks ago hosted by Mr Ron Stenlake. It included representatives from Experian, RCL, Photronics, EDS, Sunbelt Telecommunications, Quest Medical, and Mr. John Green. Mr. Pitstick indicated that he attended this meeting as a guest. This request was discussed in detail at that meeting, and some concerns about architectural compatibility were discussed. The majority of the group (not necessarily a consensus) appeared to feel that the uses were appropriate if developed with specific standards to be certain of an attractive and financially feasible site design. Mr. Jim Brazeal recommended that the Allen Economic Development Corporation (AFDC) retain the services of Richard Ferrara to work with the developer to prepare development standards. These have been provided late this afternoon. The AEDC has not taken a formal vote on this request; however, they have endorsed the idea that development standards regarding materials, lighting, and landscaping should be addressed. They have not considered issues such as setbacks. The Board felt the uses would be appropriate if aesthetically pleasing and consistent with the surrounding development. Acting Chairman Obermeyer noted that the public hearing has already been held; however, he would welcome additional comments at this time. He requested that the speakers be brief. Mr. Pitstick stated that normally the AEDC would not be involved in a request such as this; however, they are an adjacent property owner. Commission Member Smith questioned whether the AEDC had participated in developing the proposed development standards. He stated they had not been directly involved Mr. Ferrara developed them with the proponent as a paid consultant by the AEDC. Mr. Jim Brazeal represented the Board in the development of the standards Mr. Jim Brazeal, representing the AEDC, 732 S. Allen Heights Drive, Allen, Texas, added that the AEDC was attempting to develop standards similar to those in Millennium Park. Commission Member Smith asked if he had reviewed the proposed standards, and he added that he had reviewed them only briefly. Mr. Ron Stenlake, Chairman -elect of the Allen Chamber of Commerce, stated that the Chamber has not seen the document at this time. The Chamber's interest is in the hotel. He added that the Chamber feels this is a highly needed use. Mr. Richard Ferrara, Anccitect, 445 E. Walnut Street, Richardson, stated that his firm met with the proponent and suggested the addition of the land use plan, concept plan, and architectural materials. He stated he had suggested a re -draft of the development standards. They do not attempt to address normal City regulations, but rather issues that would pertain to this particular development. Mr. Ferrara stated that the City's 42" requirement for berms appears to be extreme to him He prefers something lower for safety reasons. He stated that the proposal seems to go beyond the City's ordinance requirements. He agreed that wherever the City's requirements are more restrictive, they would meet those Ms. Diamond discussed the fact that previously submitted site plans indicated shared driveways, and the new concept plan dated May 13th, indicates two additional drive cuts for Tract 1, the service station tract. She ■r recommends that the concept plan not be approved with these additional drive cuts. ■ Mr Larry Masi, Second Century Investments, 791 Creekwood Drive, Fairview, stated they, have attempted to �i work with the neighbors and the City to propose a new set of standards. PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 4 Acting Chairman Obermeyer questioned that fact that Lot I is not included in the statement regarding no development prior to development of Tract 5. Mr. Masi indicated that Lot I could be included in this statement. He further discussed the fact that the Hilton Hotel is completing a comprehensive feasibility study to determine the number of units that could be constructed in Phase 1. Commission Member Smith stated that she supports the land uses and the 80 -foot setback. The service station would be appropriate with architectural controls, and she feels that the proponent should work with staff regarding the new development standards. Mr. Masi suggested that they work with staff to delineate any changes from the existing Zoning Ordinance requirements. Commission Member Smith added that Parcel I should be added to the list of parcels that could not develop prior to Parcel 5 Commission Member Penny questioned whether the company CEOs who spoke against the request at the public hearing are now in agreement and Mr. Masi stated he could not speak for them; however, he reviewed information from the meeting that was held with the AEDC and major business alliance Mr. Jeff Carroll, Calloway Architect, 17738 Preston Road, Dallas, was available for comments. Mr. Ron Stenlake noted that a representative from Photronics was at the meeting, and expressed some concerns. He does not know their position at this time. Commission Member McGregor expressed concerns regarding the development standards and would prefer that staff have an opportunity to review them in detail. He questioned whether the 30% brick minimum is consistent with the neighbonng buildings He added that his concern is basically with the service station design. Commission Member Haynes questioned the limits of the proposal, and Mr. Masi reviewed the land use and concept plan He noted that Parcel 6 is zoned Light Industrial and is appropriate for the office/showroom planned for that tract. Mr. Masi stated that Texaco has agreed to abide by any requirements set by the city on this property Mr. Ted Pitman, Second Century Investments, 9264 W Lake Highlands, Dallas, requested that the Commission consider this request with the provision that staff continue their review of the development standards prior to the public hearing before the Council. Ms. Diamond stated that staff will work with the proponent as needed. The document can be reviewed and brought back to the next meeting. Commission Member Smith expressed concerns regarding proposed drive cuts and the new text that was provided this evening. Mr. Masi questioned whether staff could set the public hearing date for City Council in an attempt to speed L up the process. He was advised that staff does not have the option of setting the Council's public hearing dates PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 5 MOTION: Upon a motion by Commission Member Smith and a second by Commission Member Penny, the Commission voted 5 FOR and 0 OPPOSED to table Agenda Item III and request staff to review the development conditions with special emphasis on the wording regarding development within Tract I, traffic concerns, and any opposition to the request. Public Hearing Bill Campbell. Jr. (Agenda Item IV) Acting Chairman Obermeyer read the agenda item into the record as follows: "Public Hearing - Consider a request by Bill Campbell, Jr. to place permanent zoning of Residential -5 and Corridor Commercial on 323.23+ acres located in Abstract No. 705, Abstract No. 110, and Abstract No 879, City of Allen, Collin County, Texas; further described as being located generally between Alma Drive and Watters Road along the future extension of Ridgeview Drive " Ms Diamond presented the request to the Commission for Corridor Commercial (CC) and Residential -5 (R- 5) zoning. The request is consistent with the recommendations of the Comprehensive Plan. In particular to this request, the Plan indicates a need for a community park (50-75 acres); fire station, and water tower facility The proponent has stated that they will agree to work with the City regarding a fire station site and a site for the park. However, they are not in agreement regarding the water tower facility Traffic analysis supports the request; however, some intersection enhancements will be required at the time of platting. The specific alignment of Alma Drive needs to have some flexibility in order to allow for proper adjustment. Staff recommends a favorable decision be given to the request, however, the community facilities uses need to be identified The City Attorney has advised that this is the appropriate time to reserve these sites, although they may not be acquired at this time. Mr. Richard Ferrara, 445 E. Walnut Street, Richardson, stated that it is his understanding that the land uses are in general conformance to the Comprehensive Plan, and they request approval. Regarding the community facilities, they have acknowledged two of the three City needs and have proposed to work with the City regarding the fire station site. They have requested that the City work with the developer regarding architectural design on the fire station. Regarding the water tower, the proponent is not able to define a specific location at this time. He noted that there is only a two to three-foot difference in elevation between this property and adjacent properties. They feel that this facility could be located on other properties without placing an undue burden on them. Regarding the park site, he noted that there is 50 acres available east of the creek. They do not feel it is appropriate to set the exact location of the fire station or park through this zoning request. He added that it was more appropriate to begin acquisition negotiations rather than specific zoning. The Commission discussed the merits of zoning the Community Facility (CF) tracts at this time. Ms. Diamond noted that CF sites have been reserved in the past through the zoning process. Dual zoning is not an option in this case because this is straight zoning, rather than a request for a planned development. Dual zoning is only an option within a planned development. She noted that the Comprehensive Plan indicates that the CF uses should be set aside and provided for during zoning. Commission Member Smith Y added that she would not support this request unless the public needs are provided for. Acting chairman Obermeyer opened the public hearing. PLANNING 8, ZONING COMMISSION MAY 14, 1998 PAGE 6 Mr. Bob Johnson, 198 Willow Creek Circle, Allen, Texas, owner of the property to the north of the request, stated that he is in favor of the proposal He is concerned regarding the triangle created by Alma Drive as it traverses to the north of the proposal Mr. B. Bush Elkin, 6623 Orchid, Dallas, owner of a second tract of land north of the request, discussed a desire to have Alma Drive extended north between his property and Mr. Johnson's. He stated that the road shown through his property should not be there. We no else wishing to speak for or against the request, Acting Chairman Obermeyer closed the public hearing. Commission Member Penny discussed the requirements and direction set by the ordinances of the City Commission Member McGregor expressed concern regarding the CF uses. He questioned the alignment of Alma Drive as it intersects with S H 121. Ms. Diamond suggested that there are three departments involved in the need to negotiate with the proponent regarding the CF needs. She noted that planned development zoning would allow specific text regarding future locations and timing of purchases of land for CF tracts. This request is for straight zoning, which does not allow for conditions to be placed on the property. Fire Chief Ron Gentry stated that the department needs Station 5 in this area. The location does not need to be on a corner, but it does need to be on a main thoroughfare The station could be located on Ridgeview. The alignment of Alma should not be a concern. They need approximately one acre. Mr. Don Horton, Director of Parks and Recreation, stated he would agree to the location of the park as shown on the zoning exhibit. Agreements regarding the time frame for purchase and approximate location could be accomplished within two weeks; however, the actual price would be a City Council issue. Mr. Horton reviewed the park dedication ordinance and its relationship to the park needs. He suggested that the CF be placed for a specific time, and if the property is not purchased within that time frame, the proponent would be allowed to bring the property back for rezoning. Chief Gentry noted that property owners have donated the property for all other fire stations within the City None have been purchased to date. Mr. Dan Tracy stated that the highest elevation point in this area is on this property The water line runs along Stacy and goes west on Ridgeview The highest elevation of the tower must be at 860 feet; therefore, the highest elevation possible is necessary Ms. Diamond stated that Mr. George Conner had indicated to her that this site has been noted on the Plan for approximately 15 years. Chief Gentry added that certain water pressures are required for the fire station to work properly. Mr. Ferrara added that the elevation of 715 feet is on only a small area of their land, and this particular area might be leveled for development, which would make it more consistent with adjacent elevations. He questioned the direction of the zoning process if the City and the proponent cannot come to an agreement regarding the water tower He suggested that the future process of platting could be used to address these issues. PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 7 Commission Member Haynes noted that the staff memo indicated the City is prepared to purchase the property for the water tower. He questioned whether engineering studies have been completed to determine if this is the appropriate location for the tower. Mr. Tracy noted that the City has retained an engineer to review these issues, and their study could be completed in three to four months However, this site has been in the master plan for several years. Mr. Ferrara requested that the City provide a legal description of the site. Mr. Tracy noted that the site should be set through this zoning request in order to eliminate the need to pursue condemnation procedures. Commission Member Haynes requested further information regarding the uses allowed through CF zoning. MOTION: Upon a motion by Commission Member Smith and a second by Commission Member Haynes, the Commission voted 5 FOR and 0 OPPOSED to table Agenda Item IV Public Hearing Bill CamobellJr. (PD) (Agenda Item V) Acting Chairman Obermeyer read the agenda item into the record as follows: "Public Hearing - Consider a request by Bill Campbell, Jr. to place permanent zoning of Planned Development with Shopping Center and/or Retirement Housing Uses on 31.97± acres located in Abstract No. 705, Abstract No. 110, and Abstract No. 879, City of Allen, Collin County, Texas, further described as being located generally at the southwest corner of proposed future Alma Drive and Ridgeview Drive " Ms. Diamond reviewed the request with the Commission. The 1992 Comprehensive Plan includes acreage for high density residential in this area. The 1998 Plan proposes to eliminate the high density in this Neighborhood District However, this request is for the use of a retirement center, which is a significantly different use than the typical multi -family The Shopping Center is an appropriate use at this location. Staff recommends that favorable consideration be given to the request. She added that the alignment of Alma Drive is not set at this time, and any change may affect the acreages of the abutting tracts, as zoning would go to the centerline of the road. Acting Chairman Obermeyer opened the public hearing. Mr. Richard Ferrara, 445 E. Walnut, Richardson, stated that the request is for planned development zoning in order to set specific conditions for the retirment center, which is significantly different from an apartment complex. He requested that the Commission consider creating a new category for this specific use when time allows. With no one else wishing to speak for or against the request, Acting Chairman Obermeyer closed the public hearing. 1 Ms. Diamond noted that the planned development conditions include the use of monument signs only. Ms. Sally Leeper noted that this request is more restrictive than the current Sign Ordinance, and therefore it would be appropriate to include this provision in the zoning standards PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 8 Commission Member Smith had questions regarding the facility design and security gates She questioned screening requirements, and Ms. Diamond stated that the shopping center would be required to screen, and the retirement center would be required to screen to the south. Acting Chairman Obermeyer questioned the parking standards detailed within the request. They are requesting one space per each two units Ms. Diamond suggested adding the term "minimum of one space per each two units." Commission Member Penny suggested that 20 spaces for guest parking appears to be too few. It was noted that text should be added to Standard No. 3 to include "Comprehensive Zoning Ordinance, as amended, whichever is the most restrictive " Mr. Ferrara agreed to the addition of this language. Commission Member Haynes questioned the height limitations being request for this development, and Mr Ferrara noted that the request limits the height to 30 feet. Ms. Diamond noted that traffic recommendations should be included in any motion for approval. MOTION: Upon a motion by Commission Member Smith and a second by Commission Member McGregor, the Commission voted 5 FOR and 0 OPPOSED to recommend approval of the �+ request with the following stipulations: I ) Tract A.3, Regulation No. 3, change the wording i■r!° to include "except as amended, whichever is more restrictive; 2) traffic recommendations presented by Mr. Conner be attached; 3) zoning boundaries would be set when alignment of Alma Drive is set; 4) word "minimum" be added to the parking requirements. FINDINGS: 1. This use is needed in the community 2. This is a good location for this use. 3 Adjoining property owners supported the request. 4. This provides an appropriate buffer between the shopping center and residential to the south. 5. Recognition was given to the need to proceed with determining a new use of retirement center to the Zoning Ordinance. PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 9 Public Hearing LUG Lands, Inc. (Agenda Item VI) Acting Chairman Obermeyer read the agenda item into the record as follows: Public Hearing - Consider a request by LLG Lands, Inc to amend Tracts 2, 3, 4, and 5 of Flood Plain -Planned Development No. 58 to: Tract 2A -Light Industrial, Tract 2B -Light Industrial, Tract 3A -Light Industrial, Tract 311 -Multi -family, Tract 4-Multifamdy, and Tract 5 -Shopping Center, being 148 acres located in Abstract No. 1026 and Abstract No. 702, City of Allen, Collin County, Texas, further described as being located north of Exchange Parkway west of S.H. 5 and east of the Southern Pacific Railroad." Ms Diamond presented the request to the Commission. She reviewed the existing zoning of Planned Development No. 58. The request includes 90 acres of Light Industrial (LI), and a reconfiguration of the multi -family district, with the single family being eliminated. The multi -family units are being reduced from 24 units per acre to 22 units per acre. The shopping center is being reduced from 14.7 acres to 14 acres. Staff reviewed the 1992 Comprehensive Plan and the proposed 1998 Plan. This area is within Special District No 3, and is intended to be an employment center. The existing zoning on the property was recognized in the 1998 Plan proposal. Staff recommends approval of the request because it provides for the LI zoning, and it proposes to reduce the multi -family units and eliminates the single family zoning. Acting Chairman Obermeyer opened the public hearing. Mr. Richard Ferrara requested that the Commission consider this request with the next agenda item. He added that the LLG Group, the Reid Estate, and the Catholic Diocese had retained him He indicated that this proposal, along with the next item (Reid request) includes a redistribution of the single family from the LLG property to the Reid property He noted that it is his opinion that the remainder of the property along U.S. 75 will develop as LI. With no one further wishing to speak for or against the request, Acting Chairman Obermeyer closed the public hearing. Ms. Diamond indicated that staff is recommending approval of the request with notation being made that traffic improvements should be included Staff feels that this request, and the Reid request, are two separate zoning requests. Chairman Obermeyer added that he felt this was two separate zoning requests and should be considered separately. Commission Member McGregor discussed the City's desire to limit multi -family to 18 units per acre, with 360 units per complex and two complexes per neighborhood district. Ms. Diamond noted that the multi- family designation has been on this property prior to the P D. 58 zoning action. Although this does not conform to the current recommendation for the Comprehensive Plan, it does represent a reduction from existing zoning. Commission Member McGregor questioned whether consideration has been given to zoning Tract 3B LI, and Mr Ferrara stated that they have potential buyers for both the LI and MF tracts. MOTION. Upon a motion by Commission Member McGregor and a second by Commission Member Penny, the Commission voted 5 FOR and 0 OPPOSED to recommend approval of Agenda Item VI subject to the recommendations for traffic improvements. PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 10 FINDINGS 1. This property was designated with multi -family zoning prior to this request. 2 There is an established desire for Light Industrial zoning at this location to enhance this neighborhood district. 3. The request is appropriate land use for this area. 4. The request reduced the multi -family units. 5. Shopping Center is located at the location of two major thoroughfares Public Hearing L. V. Reid Estate (Agenda Item VIII Acting Chairman Obermeyer read the agenda item into the record as follows: "Public Hearing - Consider a request by L.V Reid Estate/Dal Reid, to place permanent zoning of Townhouse, Shopping Center, and Residential, on 71.25 acres located in Abstract No. 1026, City of Allen, Collin County, Texas; further described as being located at the southwest comer of Stacy Road and S.H. 5." Ms Diamond reviewed the request She stated that the Comprehensive Plan does not indicate residential land uses in this area. The property is located within Special District 3, which is intended for employment type uses. Other land owners in this area have indicated that they will be requesting nonresidential uses. Tract I B (Residential -5) normally achieves 3.5 to 3.7 units per acre, whereas the land use plan submitted indicates a density of 4.6 dwelling units per acre. Staff is recommending denial of Tracts I A and IB, and approval of Tract 1C (shopping center) Mr. George Conner has recommended traffic improvements. Acting Chairman Obermeyer opened the public hearing. Mr Richard Ferrara discussed the Catholic Diocese property He indicated that they have advised him that they are determined to sell the residential property that they own south of the Reid property He stated that the property owner to the west indicated to him that they would be requesting residential zoning on their property. He stated he feels that residential is appropriate at this specific location. With no one else wishing to speak for or against the request, Acting Chairman Obermeyer closed the public hearing. Commission Member McGregor questioned the proponent's indication that the R-5 tract might develop at 4.6 units per acre. Mr. Ferrara stated that this would depend on the layout of the property He stated he would not agree with townhouse on Tract IA He is not necessarily opposed to Tract 1 B, since it would connect to the residential on the Catholic Diocese property Commission Member Smith agreed to Tract I C, and was opposed to Tracts IA and 1B. Acting Chairman Obermeyer stated he did not agree with the IA and 1B tracts. Mr Ferrara discussed problems associated with the Catholic Diocese property developing as residential, and being surrounded by LI uses. I PLANNING & ZONING COMMISSION MAY 14, 1998 PAGE 12 Commission Member McGregor questioned the need for traffic barriers along the cul-de-sac at Custer. Mr Atkins stated there will be a masonry wall along Custer except in the view corridors, where there will be wrought iron fencing. The proposed design includes two points of access. Commission Member Haynes discussed the area shown as being in the Floodplain, and Mr. Atkins noted that this line may move based on final engineering. MOTION: Upon a motion by Commission Member Smith and a second by Commission Member McGregor, the Commission voted 5 FOR and 0 OPPOSED to approve the preliminary plat for Custer Meadows Addition. OTHER BUSINESS Ms. Diamond reviewed the upcoming agenda which will include the tabled items from this meeting and two requests on the Montgomery Farm property, a Specific Use Permit for a service station at Allen Heights and Main Street, a request by Twin Creeks for an amendment to the CC -PC District regulations, and a preliminary plat for Twin Creeks 5B. Commission Member McGregor indicated that the ad hoc cable committee would be meeting again prior to the next Planning Commission meeting. He reviewed information from their previous committee meeting. Ms Diamond presented information regarding a class on platting to be provided by the Southwest Legal Foundation ADJOURN: MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Penny, the Commission voted 5 FOR and 0 OPPOSED to adjourn the May 14, 1998, meeting at 11:00 p.m. These minutes approved this 28TH day of Mav, 1998. Jeff Kelley, Chairman Pamela Smith, Secretary