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Min - Planning and Zoning Commission - 1998 - 05/28 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING May 28, 1998 ATTENDANCE: Commission Members Present Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary (arrived 7.20 p.m.) Mark Pacheco Paul Penny Jeff McGregor Steven Haynes Commission Members Absent: None City Staff Present: Marcie Diamond, Senior Planner i George Conner, Director of Public Works Dan Tracy, Crvd Engineer Sally Leeper, Program Coordinator WORKSHOP MEETING CALL TO ORDER AND ANNOUNCE A OUORUM With a quorum of the Commission members present, the Allen Planning & Zoning Commission was called to order at 7:00 p.m. by Chairman Jeff Kelley, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. The Commission discussed issues related to the Final Plat of Greenbelt "A" and Benton Drive, Item B of the Consent Agenda. The actual distance of Benton Drive being platted from McDermott to Bray Central Drive. It was requested that it be removed from the Consent Agenda. The Commission discussed Agenda Item IV and reviewed actions taken at the May 14th meeting. The only variance the applicant is requesting is for the parking lot screening to be 2.5 feet rather than 42" Commission Member Smith discussed the text within the Landscape Section of the Zoning Ordinance which states that the landscaping requirements shall override any planned development regulations. C I I PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 2 REGULAR MEETING Consent Aeenda (Aeenda Item III) Chairman Kelley read the consent agenda into the record as follows. "Consent Agenda A. Approve Minutes of May 14, 1998, Regular Meeting. B. Final Plat— Consider final plat approval for Twin Creeks Partners, L.P for Greenbelt "A" and Benton Drive at Twin Creeks, being 17.271 acres of land out of the Catherine Parsons Survey, Abstract No. 711, in the City of Allen, Collin County, Texas; further described as being located north of McDermott Drive and east of Watters Creek." MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 7 FOR and 0 OPPOSED to approve Item A from the consent agenda. Final Plat Greenbelt "A" and Benton Drive (Agenda Item Consent -B) The Commission discussed the merits of the plat Ms. Marcie Diamond indicated that the construction of the apartment complex adjacent to this platted area would include the first phase of Benton Drive. The Fire Marshal has approved the street ending at a dead-end, recognizing the fact that there is a loop through the apartment complex. The plat includes the entire length of Benton Drive from McDermott to Bray Central Drive. Mr. Brad Meyer, Carter & Burgess, discussed the plat and advised that it includes the entire length of Benton Drive from McDermott to Bray Central. It will be constructed in phases; the first phase will be constructed with the apartment complex. The east/west collector street will be platted with the apartment complex, and built prior to a certificate of occupancy being issued on the complex. MOTION Upon a motion by Commission Member Obermeyer and a second by Commission Member Pacheco, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Greenbelt "A" and Benton Drive. PLANNING 8, ZONING COMMISSION MAY 28, 1998 PAGE 3 Preliminary Plat Twin Creeks Phase 5B (Agenda Item IID Chairman Kelley read the agenda item into the record as follows: "Preliminary Plat — Consider preliminary plat for Twin Creeks Partners, L.P. for Twin Creeks Phase 5B, being 51.24 acres out of the James W Parsons Survey, Abstract No. 704, City of Allen, Collin County, Texas; further described as being located south of Exchange Parkway, west of Alma Drive." Ms. Diamond presented the preliminary plat to the Commission There are 103 lots on 51.24 acres with a density of 2 units per acre. The plat represents the final phase of Tract 32A of Planned Development No. 54. The zoning on this tract permits a density of 3.75 units per acre. There is an average density of 2.74 units per acre for the entire Tract 32A. Engineering has been approved, and staff recommends approval. The Commission discussed the naming of Wimberly Court, as it crosses Twin Creeks Drive. It was suggested that one of the cul-de-sacs should have a different name. Ms. Sally Leeper noted that she would discuss this issue with the Fire Marshal and if he desired a separate time, she would advise the proponent. Note: Subsequent to this meeting, Fire Marshal Craig Gillis advised that he would prefer a separate name, and Ms. Leeper advised the proponent to submit another name on the final plat. The Commission discussed the fact that one of the cul-de-sacs is longer than 600 feet, and Ms. Diamond stated that this planned development allows 1000 -foot cul-de-sacs, and the Fire Marshal had approved this. Commission Member Pacheco questioned the building setback line on Lot 21 at Navarro Court and Twin Creeks Drive and suggested that both corners should have a 25 -foot setback (double front yard setbacks) to allow the house to face either street. Mr. Meyer stated that the Twin Creeks Architectural controls would take care of any problems associated with a house on this lot. Commission Member Pacheco requested that consideration be given by the proponent to setting two 25 -foot yards on this lot prior to final plat. MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Penny, the Commission voted 7 FOR and 0 OPPOSED to approve the preliminary plat for Twin Creeks Phase 5B. PLANNING 8, ZONING COMMISSION MAY 28, 1998 PAGE 4 Tabled Item Second Century Investments (Agenda Item IVl Chairman Kelley read the agenda item into the record as follows: "Tabled Item - Consider a request by Madstone Partners for Second Century Investments, to rezone 10.02+ 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 Madstone Partners, Ltd. by deed dated August 17, 1992, City of Allen, Collin County, Texas; further described as being located at the northeast comer of Bethany Drive and U.S 75" MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the table Ms. Diamond reviewed the proposal with the Commission. The public hearing was held on April 9, 1998, and the item was tabled. It was considered again on May 14th, and again it was tabled Revised use and area regulations and concept plan have been provided. The concept plan now shows mutual driveways to serve the service station and adjoining lots. Tract I has been added to Tracts 2, 3, and 4 Lwhereby no building permit will be issued until Tract 5 is permitted; additionally allowance has been made for a letter advising the City of construction dates to serve in place of a building permit. Banks and financial institutions have been added to the uses allowed on Tract I In the event the hotel is not permitted, or the letter provided, within one year, this property will revert to the LI -C designation. The development standards submitted are equal to or greater than those within the Zoning Ordinance The proponent is requesting 30" parking lot berms; however, the landscape section of the Zoning Ordinance requires the more restrictive ordinance to apply The commitment letter referred to indicates that rather than an actual building permit being requested, the City would have a firm construction date stated in the form of a letter. Concern was expressed regarding the possibility of a service station being permitted and construction begun prior to the construction on the hotel. Mr. Larry Masi, Second Century Investments, reviewed the proposal. He stated the issue of the height of the berms was not a problem. He added that consideration of the letter of commitment is for the purpose of starting the retail center (which is already leased) prior to the actual construction of the hotel. He added that the hotel will have invested a great deal of money in the project at that point, and he does not feel that they will back out from the construction. Commission Member Smith stated that Parcel 5 in the original proposal did not include the allowance of a letter of commitment in order to begin construction on the other tracts. She noted that the request for approval of a commitment letter appears to be connected to the request that Tract 1 be included in the list L of tracts that cannot be developed prior to Tract 5. Mr Masi stated that the Hilton intends to build, although they have not at this time determined the full extent of the number of rooms and size of meeting rooms, etc. PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 5 A consensus of the Commission regarding the letter of intent was requested with the following concerns noted: Commission Member Penney— feels the letter is not binding, and is not in favor of it. Commission Member Obermeyer— not in agreement with the letter. Commission Member McGregor— feels that the City Council should consider this issue. Commission Member Pacheco — feels that the property was intended to be light industrial and the rezoning is based on the hotel. The retail and service station is not intended to be constructed without the hotel. He feels the Commission needs assurances regarding the hotel. Commission Member Haynes — no comment at this time. Commission Member Kelley — reviewed the uses and feels they are appropriate with the hotel. Mr. Masi stated that the letter will not be written until the Hilton has purchased the property Commission Member Smith — stated that the provision for reverting to light industrial is not appropriate. The uses allowed in light industrial would not be appropriate if a portion of the commercial uses have already been developed. The Commission discussed the possible problems associated with a portion of the property reverting to Light Industrial zoning. Specific text from the development standards were reviewed. It was again noted that the Zoning Ordinance requires the more restrictive landscape requirements be followed The proposal states that 10% of the platted area shall be landscaped, and the Zoning Ordinance requires only 10% of the pavement area. The proposal suggests 3 -gallon shrubs, and the Zoning Ordinance requires 5 -gallon shrubs. The requirement will be for 5 - gallon shrubs. The use of berms should be consistent around the entire property No irrigation system appeared to be noted; however, it will be required. Text regarding screening and fences was discussed. Commission Member Smith questioned adding banks and financial institutions to Parcel 1 uses. Mr Masi stated that this was intended to allow something other than a service station in the event that a service station did not build here. Commission Member Smith expressed concern about the 50 -foot setback if a bank were to be built, when this setback was being considered for a service station use. Commission Member Smith further indicated that she would support the change in land use if the hotel is built first, and the gas station is built on Tract I with the setbacks decided upon. Chairman Kelley suggested that the language regarding reversion to Light Industrial zoning might be removed. He added that this might be appropriate only if none of this property had developed prior to the one-year time limit. However, it was not appropriate to revert only a portion of the property to Light Industrial. Commission Member Penny stated he supports the request as presented. He feels the hotel will be good for the City Commission Member McGregor questioned the architectural controls on the gas station. Mr. Masi stated they are the same as for the entire tract. He expressed concern regarding the reversionary clause, but feels the Commission should send this forward to the Council. He feels the alternate uses on Tract I are appropriate. He feels the letter of commitment is not a binding agreement, but that the City Council should have the final answer for this issue. PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 6 Commission Member Pacheco feels if the property were to revert to Light Industrial it should be the entire property Ms. Diamond indicated that staffs intention was that the entire tract would revert to Light Industrial if the hotel did not develop, and Commission Member Smith suggested that other uses might already be developed which would prohibit this, if development is allowed under the "letter of commitment" scenario. Commission Member Pacheco stated he did not necessarily agree to the additional uses on Tract I and noted that the Comprehensive Plan shows this property as Light Industrial. Also, the surrounding properties are zoned and developed under Light Industrial zoning. If the hotel does not build, this will not be appropriate land use for the area. However, if the hotel does build, this will be good for Allen. Commission Member Haynes discussed the fact that the Hilton Hotel is not necessarily the hotel that will build on this tract; it is being zoned for a "hotel." He does support the request. If a bank is constructed on Tract 1 he questioned whether this would alter the traffic patterns. He added that the property should not revert to Light Industrial if any one tract is developed. Chairman Kelley noted a concern on the wording of the reversionary clause. Commission Member Obermeyer suggested the possibility of removing the text allowing the "letter of intent." MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Haynes, the Commission voted 6 FOR and 1 OPPOSED, with Commission Member Smith opposed, to approve the request subject to changing the wording of Development Standard V-2 to state "in the event that no building permit has been issued on the entire property within one year, then the property will be developed under the Light Industrial -Conditional District regulations. A question was raised as to whether this motion included "in the event that no building permit has been issued or a letter of intent submitted. " and it was clarified that the wording did not include the allowance of the letter of intent NOTE: At the June 11, 1998, meeting of the Planning & Zoning Commission, further clarification of this motion was requested by Commission Member McGregor. The consensus of the Commission was that the motion should have read as follows. "Upon a motion by Commission Member McGregor and a second by Commission Member Haynes, the Commission voted 6 FOR and 1 OPPOSED, with Commission Member Smith opposed, to approve the request subject to changing the wording of Development Standards V-2 to state 'in the event that no building permit has been issued on the entire property within one year, or a satisfactory letter of intent submitted for construction of Tract 1 for hotel use, then the property will be developed under the Light Industrial -Conditional District regulations" MAJORITY FINDINGS. I This appears to be appropriate land use. 2 Development will be an asset to the economic development of the City 3. The City needs a full-service hotel. 4. The community will benefit. 5. Architectural standards will conform with surrounding property 6. Adjacent property owners appear to support the plan via letters and public appearances. MINORITY FINDINGS. I Parcels 1-4 should be tied to a building permit being issued on Parcel 5 as agreed to at previous meetings and in previously submitted development standards. 2. Letter of commitment of start and completion dates is not comparable to building permit. 3. 50 -foot setback on Parcel 1 was acceptable for a service station use, not a bank. PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 7 Tabled Item Bill Campbell, Jr. (Agenda Item V) Chairman Kelley read the agenda item into the record as follows: "Tabled Item - Consider a request by Bill Campbell, Jr. to place permanent zoning of Residential -5 and Corridor Commercial on 323.23f 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 advised that the applicant has scheduled meetings with City staff on this request for Friday, May 29th, and requested that the item remain on the table. No action was taken Public Hearing E-Svtems, Inc. Pool Trust (Agenda Item VI) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by E-Systems, Inc. Pool Trust to amend Planned Development No. 2, Local Retail District (PD -LR) by attaching a Specific Use Permit for Service Station with site plan approval to the Local Retail Tract, being 1.3774 acres of land situated in the J. A. Taylor Survey, Abstract No. 908, City of Allen, Collin County, Texas, and being part of Block B, Lot 1 of Greenwood Valley Installment 1, an addition to the City of Allen, as recorded in Cabinet C, Page 520, Map Records of Collin County, Texas; further described as being located at the southeast corner of Main Street and S. Allen Heights Drive" Ms. Diamond presented the request to the Commission. The request is for a Specific Use Permit for a service station at the southeast comer of Main Street and Allen Heights Drive. All four corners are zoned for retail uses Planned Development No. 2 was zoned in 1981 and permits a service station by Specific Use Permit. The site plan includes 10 pumps under canopy, a convenience store, and car wash. Mr. Robert Stengle, USA Professional Group, representing Exxon, reviewed the proposed site plan and indicated that they are requesting approval of the Specific Use Permit. Chairman Kelley opened the public hearing. Ms. Virginia Rodriguez, 1313 Petunia, expressed concerning the regarding the development She requested clarification regarding the need for all comers to be built with service stations. She is concerned about traffic and noise. She spoke against the request. With no one else wishing to speak for or against the request, Chairman Kelley closed the public hearing. C Mr Stengle discussed the use of vapor recovery systems as required by the Environmental Protection Agency (EPA), and stated that there will be no fumes or odors in the area. The property is zoned Local Retail, which allows for this type of use. He indicated that this will be a service -Type business. I I PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 8 Commission Member Smith discussed the fact that the service station is an allowable use. Mr Stengle noted that the convenience store would sell snack food and standard convenience store items. No prepared food will be sold. Commission Member Obermeyer questioned the traffic flow for the gasoline tankers. Mr. Stengle stated that access for delivery of fuel will probably be from Main Street with exit provided on Allen Heights, back to Main Street Commission Member McGregor noted that the station will include an eight -foot masonry screening wall between the residential property and the commercial development. Commission Member Pacheco questioned the location of the car wash and requested that the consideration be given to moving it to the eastern portion of the property, away from the residential. He noted that there is a fire lane and mutual access easement to the east, however, he was concerned about stacking in the car wash area. Mr. Stengle stated they could probably add one additional stacking space to the car wash area. Commission Member Pacheco indicated he was concerned that the stacking would block the access easement to the property to the east. Mr. Stengle stated he would consider the possibility of moving the car wash to the eastern portion of the property Chairman Kelley noted that the handicapped spaces should be closer to the front door, and the site plan would require a sidewalk to the front door from these spaces. He supports the use. MOTION: Upon a motion by Commission Member McGregor and a second by Commission Member Haynes, the Commission voted 7 FOR and 0 OPPOSED to approve the request for Specific Use Permit for Service Station. FINDINGS. 1. The use is compatible with existing development at this intersection. 2. This is a permitted use in this planned development. 3 Appropriate screening will be provided to the residential. 4. Service access has been considered and appears to be appropriate. Public Hearing Janice B. Brittmham (P D. 54) (Agenda Item VII) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by Janice B. Brittingham for Cencor Acquisition Cc to amend Planned Development No. 54 regulations as follows. 1) amend Condition 5a, minimum front yard setbacks, in the CC -PC District Regulations to permit a 50 -foot minimum front yard setback adjacent to Watters Road; and 2) amend Table IV -1, Schedule of Land Uses, CC -PC District, to permit the following use — "Cleaning Plant, Laundry" The property is described as being 47 4076 acres of land situated in the City of Allen, Collin County, Texas, and being in the Catherine Parsons Survey, Abstract N o. 711, A. B. Perrin Survey, Abstract No. 713 and the Wm. Perrin Survey, Abstract No. 708, and being part of Lot 1 and all of Lot 2 in Block D of Bray Central One, an addition to the City of Allen, Collin County, Texas; further described as being located at the northeast comer of McDermott Drive and Watters Road." PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 9 Ms. Diamond reviewed the request. The proponent is requesting two revisions to the Planned Development Ordinance within the CC -PC tract. The first is an amendment to the setback requirement on Watters Road to 50 feet, and the addition of the use of Cleaning Plant, Laundry She noted that the property to the west is zoned Shopping Center with a 25 -foot setback north of McDermott, and Office -Technology on the northern portion, with a 100 -foot setback. Ms Diamond reviewed the recent changes to the Zoning Ordinance which removed the use of Cleaning Plant, Laundry from the Shopping Center district, and placed the use in the Industrial districts. She noted that new technology has been developed which would allow this use to be compatible with shopping center uses. The Building Official and Fire Marshal have indicated that the new environmental standards are in place to make this an appropriate use in Shopping Center. Staff suggests that the use be located in a free- standing budding, separated by 100 feet from other buildings, and appropriate approvals be given by the Building Official and Fire Marshal prior to issuance of a certificate of occupancy Mr. David Palmer, Cencor Realty, developer of the property, stated that they have commitments from Tom Thumb, K -Mart and other users. They expect to be under construction late this summer for opening next summer. He stated they are requesting a 50 -foot setback along the entire portion of Watters Road He discussed the EPA standards for the laundry, and stated that they do not believe the use should be required to be in a freestanding building. They will be requiring pollution insurance from any cleaning plant -laundry tenant. Chairman Kelley opened the public hearing. With no one wishing to speak for or against the request, Chairman Kelley closed the public hearing. Commission Member Smith stated she supports the request with staffs recommendations. Commission Member Penny questioned the pollution insurance amounts, and Mr Palmer stated it would be 2 to 3 million dollars per incident. Commission Member Obermeyer indicated he felt staff recommendations would be appropriate. Commission Member McGregor questioned the location of the cleaning plant on the site plan, and Mr. Palmer stated this is a dry cleaning shop that also includes the plant on-site. This is proposed to be a drive- through facility that may be freestanding if required, or could be located within the retail center. Chairman Kelley questioned whether the proponent would agree to a limit on the size of the cleaning plant. Mr. Palmer stated they are requesting 5,000 sq. ft. He stated this is a commercial operation, not open to other businesses, but rather oriented to the business at this single store. Mr. Palmer discussed the setbacks required on adjacent properties. He stated they are requesting a 50 -foot setback all along Watters Road from McDermott to Bray Central. He further requested that the Commission ■f consider a 50 -foot setback for the corner service station site. LCommission Member Pacheco expressed some confusion as to the need to recommend a freestanding cleaning plant since the EPA standards are now in place to protect the surrounding uses. He supports the plan as presented (not necessarily required to be freestanding). �r PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 10 Commission Member Haynes was in agreement with staff recommendations. Commission Member Obermeyer questioned the maximum size of the plant. Mr. Palmer stated 5,000 -sq. ft. would be acceptable. The Commission discussed the merits of a freestanding vs. non -freestanding cleaning plant establishment. Ms. Diamond expressed some concern because the concept plan showed this as a freestanding plant and staff did not feel this would be an issue for the proponent. Mr. Palmer stated their intent is for a freestanding pad; however, the request was submitted to allow for flexibility within the tract. Their intent is to contract a lease with Bib -N -Tucker at 5,000 sq. ft. However, if this lease were not consummated, they would like the option to allow a different, smaller, cleaning plant within the tract. Chairman Kelley added that if the EPA standards are not an issue any more, then the freestanding building should not be an issue. He supports the request as submitted with the stipulation of 5,000 -sq. ft. maximum size. He was agreeable to the 50 -foot setback all along Watters. MOTION. Upon a motion by Commission Member Pacheco and a second by Commission Member Obenneyer, the Commission voted 7 FOR and 0 OPPOSED to approve the request as submitted, with the stipulation that the Cleaning Plant use is limited to one contiguous space, not exceeding 5,000 sq. ft. Clarification was given that the setback, as requested, is allowed at 50 feet and the Cleaning Plant could be attached or detached. FINDINGS. I The use is appropriate. 2. With advances in the cleaning industry, the Commission feels assured that the EPA has taken care of problems with plants and that this is no longer a threat to adjacent businesses. 3. The size of the cleaning plant has been limited, and limiting the number of plants appears to be a positive safeguard. 4. $3,000,000 worth of pollution insurance for the cleaning plant would cover any problems that might arise 5. The setback request is somewhat consistent with adjacent property setbacks. Ms. Diamond reviewed issues related to a future replat of the property located at the southeast comer of Bethany Drive and Allen Heights Drive. This property was zoned in 1996 and included a tract of Shopping Center zoning, a park, and residential development to the east to Malone Road. The 48 acres at the comer of Bethany and Allen Heights was restricted to use for a sign only The floodplain was to be dedicated to the City, and was expected to be over 2 acres in size. The floodplain study is complete at this time, and determined to be considerably less than anticipated. The proponent has discussed this with the Parks Department and offered a plan whereby they would develop 1.14 acres as shopping center and dedicate the remainder to the City with certain amenities being completed by the developer within the dedicated property. The Commission discussed these issues and the consensus was that this plat should be placed on their agenda, accompanied by a written agreement detailing the items to be completed by the proponent within the City's property. L PLANNING & ZONING COMMISSION MAY 28, 1998 PAGE 11 I Ms. Diamond questioned the members as to their intention to attend the zoning and platting class offered by the Southwest Legal Foundation. Commissioners Haynes and Smith indicated they would like to attend. Commission Member Pacheco and Commission Member McGregor advised that the ad hoc committee reviewing the telecommunications ordinance met this evening. They will be scheduling one more meeting in approximately two weeks. Chairman Kelley and Commission Member McGregor indicated they would be out of town for the July 9th meeting. ADJOURN: MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Pacheco, the Commission voted 7 FOR and 0 OPPOSED to adjourn the May 28, 1998, meeting at 10,30 p.m. These minutes approved this 11th day of June 1998. �7 01M of.�I _ . I 1 Pamela Smith, Secretary