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Min - Planning and Zoning Commission - 2001 - 07/12 - RegularALLEN PLANNING & ZONING COMMISSION JULY 12, 2001 ATTENDANCE Commissioners Present: Ross Obermeyer, Chairman Jeff McGregor, I" Vice Chair Lauri Blake, 2' Vice Chair Alan Grimes Karolyn Nelson Gary Caplinger Commissioners Absent: Kenneth Harvey City Staff Present Marina Sukup, Director David A. Hoover, Assistant Director Pam Conway, Administrative Secretary Sally Leeper, Project Coordinator John Baumgartner, City Engineer Dennis Abraham, Civil Engineer Peter Tian, Traffic Engineer Brian Bristow, Landscape Architect Pete Smith, City Attorney REGULAR AGENDA Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7,10 p.m. by Chairman Obermeyer, at the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas. Update on Council Action. Ms. Marina Sukup, Planning Director, informed the Commission that the Council approved the recommendation from the Commission regarding the zoning of the 65 -acre tract of land in Twin Creeks from "AO" Agricultural Open Space to "R-5" Single Family Residential at its last meeting. Open Commission Discussion: None CONSENT AGENDA Approve Minutes of June 28, 2001, Workshop Meeting. 2. Approve Minutes of June 28, 2001, Regular Meeting. PLANNING & ZONING COMMISSION JULY 12, 2001 PAGE 2 3, Final Plat — Consider a Final Plat for Auburn Springs Phase One located on 16.5841 acres out of the W itsaul Fisher Survey, Abstract 323 on Main Street east of Malone and west of the proposed Angel Parkway 4. Final Plat — Consider a Final Plat for Auburn Springs Phase Two located on 32.5181 acres out of the W itsaul Fisher Survey, Abstract 323 on Main Street east of Malone and west of the proposed Angel Parkway Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Nelson, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the Consent Agenda with a correction to the minutes indicating that Chairman Obermeyer called the meeting to order, and comer clips being added to Aubum Springs Phase Two. The Motion Carried. REGULAR AGENDA 5. Preliminary Plat— Consider a Preliminary Plat for Twin Creeks VII being approximately 142.01 acres of land and 226 Residential Lots out of the Jesse A. Gough Survey, Abstract no. 347, the Shadnck Jackson Survey, Abstract no. 489, the Mary Standifer Survey, Abstract no. 812, and David M. Tucker Survey, Abstract no. 914, City of Allen, Collin County, Texas, located southwest of Ridgeview Road and northwest of the proposed Exchange Parkway Alignment. Mr. David Hoover, Assistant Planning Director, described the surrounding development, noting that the General Development Plan was approved on May 24, 2001. Mr. Hoover explained that the proposed location of the elementary school remained tentative, and that it would be the city's intention to purchase a neighborhood park site adjacent to the school. The eastern bank of Rowlett Creek is to be dedicated to the City and floodplain areas adjacent to the golf course will be conveyed to the Golf Course. Staff recommends approval. Mr. Jaison Stephen, Carter & Burgess, 7950 Elmbrook Drive, Dallas, was available to answer questions. Mr. Terry Mitchell, Carter & Burgess, stated that the City had asked for a park adjacent to the school, and if the school was relocated the property would be developed as single family Commissioner Blake asked if the Commission could approve this plat since the City doesn't own a portion of Block E. Mr. Pete Smith, City Attorney, stated that as a mle the Commission should not approve any plat where an owner is not identified and Ms. Sukup reminded the Commission that preliminary plats can be approved subject to conditions. The approval should be contingent upon the City acquiring that property and conveying it to Twin Creeks. Mr. John Baumgartner, City Engineer, stated that Twin Creeks would not be able to proceed with a final plat if the City does not close on the property, as well as the land adjacent to the community park which is required for construction of Exchange Parkway and access to the property. Motion: Upon a motion by Commissioner Blake, and a second by Commissioner Nelson, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the plat with the condition that Block E be acquired by Twin Creeks before a Final Plat is submitted. The Motion Carried. PLANNING & ZONING COMMISSION JULY 12, 2001 PAGE 3 6, Site Plan — Consider a site plan submitted by the Ahmadiyya Movement for the construction of the Allen Mosque located on 4.659± acres as described in Deed to Collin Baptist Association recorded in Volume 2278, page 462 of Land Records of Collin County, Texas, located on Hedgcoxe Road and east of Duchess drive. Mr. Hoover presented the item to the Commission. A Specific Use Permit for church uses was approved in 1986 when the City Council approved all non-residential site plans. The SUP required Council approval of a site plan after recommendation by the Commission, although not as an amendment to the PD ordinance. Staff recommends approval of the site plan as well as the phasing plan Commissioner McGregor noted that the fence in the rear of the property is T, and the Allen Land Development Code requires 8' Ben Cortez, 3406 Shorecrest Drive, Dallas, architect representing the applicant, was present for questions. Munawar Pariacha, 3321 Patriot Dr., Plano, representing the church, requested that the front yard fence be aligned with the fences on Hedgcoxe in the adjacent Suncreek addition, and that the church be allowed to construct a fence six feet six inches in height along the rear property line with landscape screening in accordance with the proposed phasing plan. Ms. Sukup noted that the prohibition of fences in the front yard is specified in the Code and that the Commission is without authority to grant the variance, which would permit construction of a fence beyond the front building line. Ms. Sukup noted that the Commission may approve an alternate design to an eight foot masonry screening wall. Mr. Smith concurred with that opinion. Ms. Sukup stated that we would consult our Landscape Architect regarding the landscaping screening. Commissioner McGregor stated that he is opposed to the wrought iron fencing adjacent to residential because he believes it should be 8' masonry He is also against the idea of it being constructed in phases. Commissioner Caplinger stated that he supports wrought iron but not constructed in phases. Commissioner Blake stated that wrought iron is fine, however she expressed concern with headlights. She also stated that she would like to see the entire rear fence constructed at one time. Commissioner Nelson concurred and added that if the fence is going to be 6'6" then the landscape screening needs have the growth potential to reach a height of at least 8' when mature, and that the screening should not be done in phases. Commissioner Grimes also concurred. Chairman Obermeyer stated that in fairness to the residents, wrought iron and landscaping across the north and east sides of the property should be constructed at the beginning of Phase I in its entirety. Motion: Upon a motion by Commissioner Nelson, and a second by Commissioner Blake, the Commission voted 5 I FAVOR and 1 OPPOSED to approve the site plan and the request for a 6'-6" wrought iron fence with screening shrubbery, with a growth potential of not less than 8 feet when mature, to be installed along the north and east sides of the property at the beginning of Phase I of the development. Commissioner McGregor was opposed. The Motion Carried. PLANNING & ZONING COMMISSION JULY 12, 2001 PAGE 4 7 Public Hearing — Consideration of an ordinance amending the Allen Lmmd Development Code and Zoning Map, as previously amended by rezoning 0.24± acres of land situated on part of Lots 3, 4, 13 and 14, Block 9, of Original Donation, an Addition to the City of Allen, Texas, City of Allen, Collin County, Texas, located north of McDermott Drive, between Butler Drive and the railroad from CBD -Office to CBD-Office/Retail. Ms. Sukup stated that the City Attorney had advised that the agenda did not include the description of the proposed rezoning, although notices to adjacent property owners and legal notices included all the correct information. She requested that the public hearing be continued to the next regular meeting to allow a re - posting of the agenda. Chairman Obermeyer Opened the Public Hearing. No one requested the opportunity to speak. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Caplinger, the Commission voted 6 I FAVOR and 0 OPPOSED to continue the public hearing at the next regular meeting on July 26, 2001. The Motion Carried. Other Business • Review Upcoming Agenda Items • Committee Reports Adjourn Motion: Upon a motion by Commissioner Caplinger, and a second by Commissioner Grimes, the Commission voted 6 I FAVOR and 0 OPPOSED to Adjourn the July 12, 2001 meeting at 8:55 p.m. The motion carried. These min es approved thislday of 2001. -6 a'), ss Obenneyer C m aim am Conway ALLEN PLANNING & ZONING COMMISSION WORKSHOP JULY 12, 2001 ATTENDANCE: Commissioners Present, Ross Obenneyer, Chairman Jeff McGregor, I" Vice Chair Lam Blake, 2nd Vice Chair Alan Grimes Karolyn Nelson Kenneth Harvey Gary Caplinger Karolyn Nelson Commissioners Absent: None City Staff Present: Manna Sukup, Director of Planning & Development David A. Hoover, Assistant Director of Planning & Development Sally Leeper, Project Coordinator David Dodd, City Attorney's Office Pete Smith, City Attorney Call to Order and Announce a Quorum is Present. Consideration of amendments to the Allen Land Development Code. Amendments to the Allen Land Development Code were discussed, and consensus was reached as indicated: • Review dimensional standards of Office District (Chart 4.15.3) • Rear yard setback requirement set to zero (0) in GO, O, LR, SC, LC, GB • CONSENSUS: NO CHANGE • Height limited to 6 stories (should it be higher) • CONSENSUS. RECOMMEND 12 STORIES IN CC, NO CHANGE IN GO, O, LR, SC, LC, GB • General review of Schedule of Uses (Chart 4.20.2) • Consider bicycle/repair shop in CC • CONSENSUS: ALLOW BY RIGHT IN CC • Consider Bed and Breakfast in TH and MF (currently allowed) • CONSENSUS: NO CHANGE • Consider Family Home in RI and R1.5 • CONSENSUS: ALLOW BY RIGHT IN RI AND R1.5 • Consider Major Auto Repair by SUP in additional district • CONSENSUS. ALLOW BY SUP IN SC AND LC PLANNING & ZONING COMMISSION JULY 12, 2001 PAGE 2 • Drug Pharmaceutical Manufacturing by right in Fr�consider SUP • CONSENSUS: NO CHANGE • Drug store is allowed by right in GO and O�consider SUP • CONSENSUS: NO CHANGE • Consider Food Service by right in LR • CONSENSUS. ADD DEFINITION FOR CATERING AND REMOVE CATERING FROM FOODSERVICE • Should Funuture/Appliance Sales be allowed by right in LR • CONSENSUS: NO CHANGE • Hotel is allowed by right in OT and TR—consider SUP • CONSENSUS: NO CHANGE • Mini -warehouses allowed by right in TR—consider SUP • CONSENSUS: REMOVE FROM TR COMPLETELY • Veterinary hospital/chmc allowed by right in LR—consider SUP • CONSENSUS: NO CHANGE • Truck Storage allowed by SUP in TR—reconsider • CONSENSUS: REMOVE FROM TR DISTRICT • Theaters allowed by right in Office—reconsider • CONSENSUS: NO CHANGE • Dimensional Standards in CBD (Chart 4.15.4) • Mixed -Use Residential Sub-distnct–maximum height • Currently min/max are 4 stories • Consider changing to a minimum of 2 stories • CONSENSUS. MINIMUM REMAIN AT 4 STORIES • Reconsider maximum stones • CONSENSUS. CHANGE MAXIMUM TO 8 STORIES • Rear yard setback currently at zero (0) • CONSENSUS. NO CHANGE • Side yard setback currently at zero (0) • CONSENSUS. NO CHANGE Schedule of Uses in Central Business District (Chart 4.20.4) • Consider Office use in Mixed-use Residential/retail by SUP at least • CONSENSUS: ALLOW BY RIGHT TO 25 PERCENT OF THE TOTAL BUILDING • Consider grocery stores in Mixed-use Residential/Retail • CONSENSUS: SPECIALTYMEALTH FOODS ALREADY ALLOWED, SHOULD BE LIMITED TO 5,000 SQUARE FEET BY RIGHT AND GREATER THAN 5,000 SQUARE FEET BY SUP • Veterinary clinic allowed by SUP in Office/Retail—reconsider • CONSENSUS: NO CHANGE • Reconsider Mass Transit Commuter Pick-up in Historic Village • CONSENSUS. NO CHANGE • Consider dry cleaning, pick-up only, in Mixed-use Residential/retail • CONSENSUS. REMOVE THE SUP AND ALLOW BY RIGHT PLANNING & ZONING COMMISSION JULY 12, 2001 PAGE 3 • Review requirement for 12 -foot sidewalks in Central Business District • Consider a possible CBD sidewalk plan with 12' sidewalks on designated streets only • CONSENSUS: It was noted that City staff is requesting an 80% grant from the Council of Governments for assistance with transportation issues within the Central Business District. hi the interim, the Commission is being requested to defer action on this item. NO CHANGE AT THIS TIME. Consider Video Slot Machines (8 -liner machines) • These are not currently listed specifically in the Schedule of Uses • Attached are three articles from the Dallas Morning News detailing concerns by the legislature regarding this type of entertainment • CONSENSUS. There was no official action by the State Legislature; however, a case was filed in the City of Waco that determined these machines to be gambling devices. CONSENSUS WAS TO ALLOW VIDEO SLOT MACHINES (8 -LINER MACHINES) BY SUP IN GB, HL AND CC. David Dodd advised he would provide a definition ADDITIONAL ISSUES: • Allow fueling stations as accessory by SUP rather than allowed by right as accessory. • The Commission discussed the issue of churches that are located in shopping centers having the power to prevent a restaurant/private club from gaining an SUP because of the 300 -foot limit imposed on restamant/pnvate clubs from the church. • The following text needs to be placed in the ALDC to cover parking lots and drives abutting a landscaped edge to act as a headlight screen. "Article 7.05.2.5.viii - Where parking lots and drives abut the landscaped edge, ten (10) shrubs (5 gallon minimum) shall be planted per 500 square feet of landscaped edge (see illustration in Appendix Q. The number of required shrubs shall be calculated solely on the area of the required landscaped edge. A berm may be placed within the landscaped edge in lieu of the required shrubs; however, a headlight screen must be accommodated if necessary. The term must be 42 inches above the average grade of the street and parking lot curbs. The slope of the berm shall not exceed a 3 to 1 grade. The Commission requested that a review of the above discussions should be placed on the next Regular Agenda, with the intent of setting a date for a public hearing on the proposed changes. Adjournment Meeting was adjourned at 7:00 p.m. T e rm rtes ppro d this day of 2001. ll�� /1Ross-ObiirmeytXhwmnm am Conway