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Min - Planning and Zoning Commission - 2001 - 08/09 - RegularALLEN PLANNING & ZONING COMMISSION 1 i AUGUST 9, 2001 ATTENDANCE: Commissioners Present: Ross Obermeyer, Chairman Jeff McGregor, 1" Vice Chair Lauri Blake, 2"a Vice Chair, arrived 7:50 p.m. Alan Grimes Karolyn Nelson Kenneth Harvey Gary Caplinger Commissioners Absent: None City Staff Present: David A. Hoover, Assistant Director Pam Conway, Administrative Secretary Tom Keener, Development Coordinator Sally Leeper, Project Coordinator John Baumgartner, City Engineer Dennis Abraham, Civil Engineer Peter Tian, Traffic Engineer David Dodd, City Attorney's Office 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 Obertneyer, at the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas. Update on Council Action, Mr. David Hoover, Assistant Director, stated that the Specific Use Permit request for the Kroger gas station at Bethany and Allen Heights was approved. Open Commission Discussion: CONSENT AGENDA Approve Minutes of July 26, 2001, Regular Meeting. 2. Final Plat— Consider a Final Plat for Brookside Addition Phase 4B. The property is 40 residential lots on 17.139f acres of land situated in the R.C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas: located southwest of Bethany Drive and Allen Heights Drive. PLANNING & ZONING COMMISSION AUGUST 9, 2001 PAGE 2 Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Harvey,the Commission voted 6 I FAVOR and 0 OPPOSED to approve the Consent Agenda. The motion carried. REGULAR AGENDA 3. Tabled Item -Reconsider Recommendation — Reconsider a request by the Dimension Group, representing Mohamed F Wazirali, for a Specific Use Permit for a fueling station on 1.816± acres of land situated in the William Snyder Survey, Abstract No. 821, Lot 1, Block 6, Clearview Estates, an addition to the City of Allen, Collin County, Texas; located at the southeast comer of Main Street (FM 2170) and Malone Road. This item was done after item 6. Commissioner Blake arrived at 7:50 p.m. Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Grimes, the Commission voted 6 I FAVOR and 0 OPPOSED to remove the item from the table. The Motion Carried. Mr. David Hoover, Assistant Director, described the location of the property, future plans for Main Street and the history on this zoning case. Mr. Hoover described the widened entrances and truck turning routes, and stated that staff believes this will not increase traffic. He also described the screening wall location and dumpster. Staff recommends approval. W Commissioner Harvey questioned if the tanker trucks would be coming in off of Malone. Mr. Hoover stated that they would not. Chairman Obermeyer reminded the Commission that the convenience store is allowed by right, the item for consideration is the Specific Use Permit (SUP) for gasoline sales Mark Pacheco, Pacheco Koch Consulting Engineers, 9401 LB3 Freeway, Dallas, Developer's Agent, was available for questions. Commissioner Harvey stated that he has gathered some data regarding safety. He described the turning radius of the large tanker trucks and questioned the actual room needed for those trucks to maneuver. He stated that he has talked with the Police Department about accidents at that comer. He also described the open ditch, no curbs or sidewalks. He expressed concern about the amount of traffic due to the school in the area and the proposed park. He questioned why this would be considered for development before the improvements on main are completed. Mr. Pacheco addressed Commissioner Harvey's concerns. Mr. Pacheco stated that 7-11 believes there is a need for retail at this area. He stated that he also has contacted the Police regarding accidents and agreed this is an accident-prone area. He stated that the ditches are so deep because of the lack of development. The City has improved the north side of Malone and put in the turn lane. He stated that his client will be required to extend the box culvert and fill in the ditch, soften the slope, plant grass and mow to prevent erosion. This proposed development would actually improve the situation. Main Street will be improved in the near future. Regarding tanker trucks going through the site, his Traffic Engineer uses a computer program, which calculates how much maneuverability is needed by the trucks. The City Engineer has concurred that this plan will work. PLANNING & ZONING COMMISSION AUGUST 9, 2001 PAGE 3 Chairman Obermeyer asked about a delivery schedule. Mr. Pacheco stated that it could be in any 12 -hour window. Commissioner McGregor stated that he is satisfied with the plan and he stated that he would like to be sure that all property owners are properly noticed. He stated that he is satisfied with the proposal as submitted. Commissioner Caplinger stated he is concerned with putting a time frame on delivery This might not be the best time for residents, and he noted a problem with enforcement. He is satisfied with the plan. Commissioner Blake questioned the height of the canopy and signs to protect the residents from lighting. Mr. Pacheco stated that he has submitted a lighting plan to staff with lighting at the property line of"0." Commissioner Nelson stated that the rapid development on the east side of Allen causes a traffic concern She expressed concern for the safety of the children. If Main Street were widened she wouldn't have any concerns. She believes there would be additional traffic generated, and has concerns about the tanker trucks, fuel spills, etc. Mr. Pacheco stated that he does not believe this will generate any additional traffic. Chairman Obenneyer questioned Mr. Peter Tian, Traffic Engineer, if staff was satisfied that the turning radius of the tanker trucks as proposed was satisfactory. Peter Tian, Traffic Engineer, stated yes. Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Caplinger, the Commission voted 5 IN FAVOR and 2 OPPOSED to approve the request. Commissioners' Harvey and Nelson were opposed. The motion carried. 4. Public Hearing — Consider a request by First Baptist Church of Fairview for an Specific Use Permit for Church and Day Care. The property is 48.186± acres of land situated in the H. Seabom and R.F Clements Survey, Abstract No. 879, Collin County, City of Allen, Texas; located south of SH 121 and east of the proposed extension of Stacy Road. Mr. Hoover presented the item to the Commission and stated that the property was zoned PD 40 in October, 1986. The underlying zoning is CC -Corridor Commercial —churches and Day Care Center are allowed by SUP only Staff recommends approval. Chairman Obermeyer Opened the Public Hearing. With no one wishing to speak, the Public Hearing was closed. Motion: Upon a motion by Commissioner Caplinger, and a second by Commissioner Nelson, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the request as presented. The motion carried. 5. Public Hearing —Consider a request by the City of Allen on property described as follows' I Allen North Estates Phase I — 18.04521 acres out of the Henry Weisel Survey, Abstract 1026 L 2. Abbey Hill Park —Block B, Lots 23 to 66 of Abbey Hill Park Addition, being 12± acres out of the William Snider Survey, Abstract No. 821 PLANNING & ZONING COMMISSION AUGUST 9, 2001 PAGE 4 3. Proposed Brookside Phase IVB — 17.1249± acres being Tract 21, R. C. Whisenant Survey, Abstract 1012 4 Glendover Phase I — 30 175+ acres out of the Mary Standifer Survey, Abstract No. 812 5. Spring Meadow Addition — Block G, Lots 13 to 29, Block H, Lots 1 to 38, Block I, Lots 1 to 37, Block J, Lots 1 to 25, being 23.94± acres out the Henry Wetsel Survey, Abstract 1026 6. Heritage Park 11— 22.8± acres out of the G. W Ford Survey, Abstract No 328 7 Cottonwood Bend North 2 — 21.6034± acres out of the G. W Ford Survey, Abstract No. 328 Current and Requested Zoning is as follows: 1. Allen North Estates Phase I is currently zoned Multi -family 12 Requested zoning: R-7 Single Family Residential; 2. Abbey Hill Park is currently zoned "PD 44 -MF" Planned Development No. 44-Multifsmily Requested zoning: "PD 44-R-5" Planned Development No. 44—R-5 Single Family Residential; 3. Brookside Phase IVB is currently zoned "PD 22 -MF" Planned Development No. 22—Multi- family Requested zoning: "PD 22-R-6" Planned Development No. 22—R-6 Single Family Residential; 4. Glendover Phase I is currently zoned "PD 53 -MF" Planned Development No 53—Multi- family Requested zoning: "PD 53-R6' Planned Development No. 53—R 6 Single Family Residential; 5. Spring Meadow Addition is currently zoned "TH" Townhome Requested zoning R7 Single Family Residential 6. Heritage Park II is currently zoned "PD 22-TH" Planned Development No. 22—Townhome Requested zoning. "PD 22-R7' Planned Development No 22 R-7 Single Family Residential 7 Cottonwood Bend North 2 is currently zoned "PD 13-TH" Planned Development No. 13— Townhome Requested zoning: "PD 13-R6" Planned Development No. 13 R-6 Single Family Residential Mr. Keener, Development Coordinator, presented the item to the Commission. He stated that this zoning is being done to bring the property into conformance with actual development on the property Mr. Keener presented a diagram of each subdivision represented in the zoning case. He stated that the owner of the Abby Hill Addition has requested R6 and staff concurs. Staff recommends approval. Commissioner McGregor asked why this is being requested on property already developed? Mr. Keener explained that it was to protect the neighborhood in the event of any future redevelopment, and to bring the zoning in conformance with the development on the property. Chairman Obermeyer Opened the Public Hearing. With no one wishing to speak, the Public Hearing was closed. Motion: Upon a motion by Commissioner Nelson, and a second by Commissioner Harvey, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request as presented with the exception of Abbey Hill, which will be R-6 instead of R-5. The motion carried. PLANNING & ZONING COMMISSION AUGUST 9, 2001 PAGE 5 6. Public Hearing— Consider Amendments to the Allen Land Development Code, Article III, "Building Regulations" Mr. Bret McCullough, Building Official, presented the proposed action, the current codes and the proposed codes. He presented the justification for the proposed codes, and noted the other cities which were adopting these I -Codes. He stated the differences between the new codes versus the current codes. Mr. McCullough stated his confidence in the document. Chairman Obermeyer Opened the Public Hearing. With no one wishing to speak, the Public Hearing was closed. Motion: Following disucssion, a motion was made by Commissioner McGregor, and a second by Commissioner Nelson, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request. The motion carried. Public Hearing — Replat— Consider a request for a Replat for 1.816+ acres of land described as Lot IR & Lot 2R, Block 6, Clearview Estates, being a replat of all of Lot 1, Block 6, and being out of the William Snyder Survey, Abstract No. 821, Collin County, Texas; located at the southeast corner of Main Street and Malone Road. Mr Hoover presented the request to the Commission. He stated that this plat includes additional ROW for Malone and Main. All provisions of the code have been satisfied. He stated that staff recommends approval Commissioner Grimes questioned the layout of the plan stated his concern that it would force only drive-thm type restaurants. Mark Pacheco, Pacheco Koch Consulting Engineers, 9401 LBJ Freeway, Dallas, Developer's Agent, stated that the intent is not to force any certain type of development. He agreed it is an unusual site; however, this does give the access and the fire lane needed for both lots. Chairman Obermeyer Opened the Public Hearing. With no wishing to speak, the Public Hearing was closed Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Grimes, the Commission voted 7 I FAVOR and 0 OPPOSED to approve the request. The motion carried. Other Business • Review Upcoming Agenda Items • Committee Reports PLANNING & ZONING COMMISSION AUGUST 9, 2001 PAGE 6 Adiourn Motion: Upon a motion by Commissioner McGregor, and a second by Commissioner Blake, the Commission voted 7 I FAVOR and 0 OPPOSED to Adjourn the August 9, 2001 meeting at 8:30 p.m. The motion carried. The minut s appr [his day of 2001. B( os enne r, CJta' on Conway Conway A